The city has determined that in order to protect the health, safety and welfare of the citizens of the city, it is necessary to regulate the sale of safe and sane fireworks as set forth in this chapter.
(Prior code § 4-3.201; Ord. 95-15 § 1, 1995)
"Safe and sane fireworks," as defined by Section 12529 of the California Health and Safety Code, as amended ("fireworks"), may be discharged within the city limits of the city during the period beginning at twelve noon on July 1st and ending at midnight on July 4th of any year, unless July 4th falls on a Sunday, in which case, fireworks may be discharged within the city limits of the city until midnight July 5th.
(Prior code § 4-3.202; Ord. 95-15 § 1, 1995)
Fireworks may be sold within the city limits of the city during the period beginning twelve noon on July 1st and ending at midnight on July 4th, unless July 4th falls on a Sunday, in which case, the period for sale of fireworks would end at midnight on July 5th. The sale of any fireworks shall be made strictly in accordance with the provisions of this chapter and not otherwise.
(Prior code § 4-3.203; Ord. 95-15 § 1, 1995)
The city fire department may, upon due application, issue to properly qualified persons, a permit for the retail sale of fireworks. No person may receive more than one permit during any one calendar year. The maximum number of permits which may be issued during any one calendar year shall not exceed one permit for every 2,000 residents of the city. The city shall review census information provided to it by the appropriate governmental agencies on an annual basis to determine the number of permits available for issuance each calendar year. However, if the number of permits issued to prior permittees as defined in Section 8.12.070 in any one year exceeds the maximum number of permits that may be used under this section for that year, the maximum number of permits that may be issued for that year shall equal the total number of permits issued that year to prior permittees. If the number of permits issued to prior permittees in any one year are less than the maximum number of permits that may be issued under this section for that year, the city fire department may only issue additional permits to new applicants, the number of which would be equal to the maximum number of permits that may be issued under this section for that year less the number of permits issued to prior permittees for that year.
(Prior code § 4-3.204; Ord. 95-15 § 1, 1995)
Applicants must be a nonprofit association or corporation. Each applicant must have had its principal place of business and permanent meeting place within the city limits of the city for a period of at least one year prior to the date of application for a permit. Each applicant shall provide any and all documentation that the city or the city fire department may request in order to establish that all requirements of this chapter have been satisfied.
(Prior code § 4-3.06; Ord. 95-15 § 1, 1995)
On or before five p.m. on December 15th of each calendar year, an applicant shall submit to the city fire department a pre-application form for a fireworks permit. Pre-application forms shall be obtained from the city fire department. Each properly completed pre-application form received by the city fire department on or before five p.m. on December 15th of any calendar year shall be assigned a number in the order in which the pre-application is received. If the number of pre-applications received is greater than the number of permits that may be issued, a random drawing of the applicants' assigned numbers will be performed and the numbers drawn will be listed in the sequence in which they were selected. Applications for fireworks permits will then be provided to those applicants whose drawn assigned number is sequentially within the total number of permits to be issued. All other applicants will be placed on a waiting list in the sequence of their drawn assigned number. If an applicant does not satisfy the requirements of this chapter within the time periods identified in this chapter, the next drawn assigned number on the waiting list will be notified and provided with an application which must be completed and submitted to the city fire department as required in this chapter.
(Prior code § 4-3.206; Ord. 95-15 § 1, 1995)
Any person or entity who was issued a fireworks permit by the city in 1995 ("prior permittee"), and who satisfies all of the other requirements of this chapter, including, without limitation, all the requirements of Section 8.12.050, will not be required to participate in the selection process identified in Section 8.12.060 in subsequent years. However, in order for a prior permittee to obtain a fireworks permit to sell fireworks in subsequent years, the prior permittee must timely submit a properly completed pre-application and application and receive a fireworks permit for each subsequent year. Should a prior permittee fail to timely and properly apply for a fireworks permit or fail to qualify for issuance of a fireworks permit in any subsequent year or should a prior permittee's fireworks permit ever be revoked, such prior permittee shall be required to again participate in the selection process identified in Section 8.12.060.
(Prior code § 4-3.207; Ord. 95-15 § 1, 1995)
All applications for a fireworks permit shall comply with the provisions of Section 12,000 et seq. of the California Health and Safety Code and Title 19 of the California Administrative Code, Subchapter 6, Article V, any and all rules and regulations established by the state of California, the city or the city fire department, and in addition shall be governed by the following:
1.
An application for a fireworks permit shall be filed with the chief of the city fire department on or before April 1st of each year, along with payment of a $50 nonrefundable permit fee. Such fee may be charged by resolution of the city council.
2.
No fireworks permit will be granted to the applicant if the following items are not properly and completely prepared and presented to the city fire department on or before April 1st of the calendar year during which the fireworks will be sold:
a.
State Fire Marshal's license;
b.
Temporary seller's permit from the State Board of Equalization;
c.
Property owner's permission form (original) signed and currently dated;
d.
Storage of safe and sane fireworks form;
e.
Address of property where stand will be located; and
f.
Certificate of insurance as required by the city.
If all of the above-identified items are not submitted in proper form to the city fire department on or before April 1st of the calendar year during which the fireworks will be sold, that applicant's application shall automatically terminate and the next sequentially numbered applicant on the waiting list shall be notified by the city fire department of its opportunity to obtain a fireworks permit. No fireworks permit will be granted to this newly designated applicant unless the items identified above are delivered to the city fire department on or before June 1st of the calendar year during which the fireworks will be sold. If any newly designated applicant fails to deliver the above-identified items, in proper form, on or before June 1st of the calendar year during which the fireworks will be sold, that applicant's application will automatically terminate and no further applications will be accepted by the city for that calendar year. |
The city fire chief, or his/her designee, shall have the right to extend the time periods identified in subsections 1 and 2 of this section, if the fire chief or his/her designee determine, in his/her sole discretion, that an applicant has attempted in good faith and with due diligence to satisfy all of the requirements in said subsections within the time periods set forth therein and that as a result of action or inaction on the part of other persons or entities, which are beyond the applicant's control, the applicant has been unable to satisfy the requirements of said subsections within the required time periods. |
3.
No change of stand locations will be permitted without the prior approval of the city fire department.
4.
All fireworks stands must be removed on or before midnight July 7th of each respective year.
5.
No person shall sell, or offer for sale, any fireworks within a distance of 100 feet of any pump or dispensing device of any flammable liquids.
6.
No fireworks stand shall be located within 30 feet of any adjacent buildings, burnable materials, grass, paper or like flammable materials.
7.
No fireworks stand shall be located closer than ten feet from any public roadway or back of curb, or in any location which does not otherwise meet the approval of the city fire department.
8.
No sale or display of fireworks will be allowed inside any permanent building.
9.
Each fireworks stand shall have a minimum of two exits which shall be located and provided on opposite sides. Each exit shall be at least 32 inches wide. Fireworks stands with only three sides and open from the back will not require exits.
10.
If stands are operated at night, only electric lights may be used.
11.
"No Smoking" signs shall be located on all sides of the stand. Each sign shall have the words "No Smoking" in red letters, not less than two inches in height, with the minimum one and one-half inch stroke on white background.
12.
One approved two and one-half gallon pressurized, water-type fire extinguisher and/or one five pound multi-purpose ABC fire extinguisher or garden hose fully charged with shut-off nozzle attached, shall be provided in the stand's sale area. There shall be no exceptions to this requirement. The fire extinguisher must be in operating condition, with an up-to-date inspection tag indicating that the fire extinguisher has been serviced within the past year.
13.
Fireworks signs shall not create a traffic hazard and must be approved by the city fire department.
14.
All employers shall instruct their employees who handle fireworks, in any capacity, of the hazards of said fireworks and with these rules and safety precautions governing fireworks.
15.
All persons selling fireworks shall be trained in emergency procedures, including use of the fire extinguishers.
16.
Persons employed for the sale of fireworks shall be at least 18 years of age. Proof must be shown at any time when requested by fire officials.
17.
No person under 16 years of age shall purchase fireworks.
18.
No sleeping inside the fireworks stand will be permitted at any time.
19.
The stand and surrounding area shall be maintained in a clean, neat and orderly condition at all times and be free from any condition that would create a fire nuisance.
20.
No person shall use or handle fireworks while under the influence of intoxicating liquids or narcotics. Alcohol and narcotics are prohibited within the fireworks stands.
21.
Smoking shall be prohibited where fireworks are stored or handled.
22.
No person, other than a member of the organization or a volunteer who is associated with the organization having a permit shall be permitted to sell or otherwise participate in the sale of fireworks.
23.
No permit issued or authorized shall be transferable or assignable.
24.
The hours of operation of any stand shall be limited to nine a.m. to eleven p.m. daily during the days identified in this chapter, except that the hours of operation of any stand on July 1st shall commence at twelve p.m.
25.
No person shall light or caused to be lighted, any fireworks or other combustible article within any stand or within 200 feet thereof.
26.
All unsold stock and accompanying litter shall be removed from the stand on or before midnight on July 4th, or if July 4th falls on a Sunday, by midnight on July 5th.
27.
The applicant's state license and city fireworks permit and temporary sales permit issued by the State Board of Equalization shall be displayed in a prominent place in the fireworks stand.
(Prior code § 4-3.208; Ord. 95-15 § 1, 1995)
Prior to issuance of a permit, the eligible organization shall procure a certificate of insurance acceptable to the city. The certificate shall name the city, its officers, officials, agents and employees as additional insureds in an amount of not less than one million dollars ($1,000,000.00) combined bodily injury and property damage for each occurrence. The certificate must specify the time, location and dates to be covered by the policy.
(Prior code § 4-3.209; Ord. 95-15 § 1, 1995)
Any violation of this chapter or any other city ordinance, or the terms and conditions of the permit, or state law or administrative regulations, or safety rules of the city fire department, shall be grounds for immediate revocation of the permit. Any such violation shall be determined in the sole discretion of the city fire department. The decision of the city fire department with regards to revocation shall be conclusive and binding upon any permit holder.
(Prior code § 4-3.210; Ord. 95-15 § 1, 1995)