Note: Prior ordinance history: Ords. 614-89, 812-96, 815-96,
843-98, 885-00, 910-02, 931-03 and 948-05.
A.
It is
unlawful to possess or discharge any fireworks not certified by the
State Fire Marshal as "safe and sane" pursuant to the State Fireworks
Law, Health and Safety Code Section 12500, et seq.
B.
No fireworks
may be discharged within the city prior to twelve noon on July 4th
or after 11:59 p.m. on July 4th of any calendar year.
C.
It is
unlawful to discharge fireworks at any time within or upon a city
park as defined in Section 12.32.010(B) of this code, including, but
not limited to, those certain parks commonly referred to as Jane Addams
Park, Rogers/Anderson Park and William Green Park.
(Ord. 957-05 § 1; Ord. 1106-15 § 1; Ord. 1112-15 § 1)
No person shall offer for sale or sell any fireworks of any
kind in the city without a valid permit issued by the city authorizing
the sale of fireworks.
(Ord. 957-05 § 1)
A.
The
city council shall by resolution or ordinance establish guidelines
to regulate the issuance of permits to qualified organizations.
B.
At any
regular or special city council meeting, the city council shall have
the power, in its absolute discretion, to deny, grant or revoke a
permit to sell safe and sane fireworks and for the erection of a temporary
stand for such purpose.
C.
Any city councilmember may request that the revocation of a specific fireworks permit be considered by the city council. Revocation hearings shall be held in accordance with Section 8.12.110 of this chapter.
D.
A permitted organization shall be authorized, but not required, to enter into staffing, sales, or profit sharing agreements with any organization which would otherwise meet the requirements of Sections 8.12.030 and 8.12.100 of this chapter; upon receipt of prior written approval of such organization by the city's director of finance; provided, however, that the minimum number of youth members required under Section 8.12.040(A)(3) of this chapter shall be waived for purposes of allowing the permitted organization to enter into staffing, sales, or profit sharing agreement; provided further, however, that notwithstanding the existence of a staffing, sales, or profit sharing agreement, the permitted organization shall remain solely responsible to comply with all provisions of this chapter, including but not limited to, assuring that any organization participating in a staffing, sales, or profit sharing agreement also fully complies with all provisions of this chapter (except as noted in this section).
E.
It is
unlawful for any person or entity to sell, provide, or distribute
fireworks to any retail seller of safe and sane fireworks, on the
condition that the retail seller of such fireworks shall sell or distribute
such fireworks only from a fireworks stand location in which the provider
has an interest, option, or lease, or in any other manner to restrict
the location of such fireworks stand. It is also unlawful for any
landowner or licensor of real property, or any person or entity, to
charge to any retail seller of safe and sane fireworks a stand or
booth fee which shall exceed the sum of one thousand dollars.
(Ord. 957-05 § 1)
A.
Eligibility
Requirements. A fireworks permit shall be issued only to such applicants
who meet the following qualifications:
1.
At
the time of application and during the proposed and actual operation
of the fireworks stand, the applicant must be a nonprofit corporation
recognized by the state of California and organized under Section
501(c)(3) or 501(c)(6) of the Internal Revenue Code.
2.
The
corporation or association shall be a Lawndale community-based organization
or a Lawndale youth-based organization and be organized and established
for a minimum period of seven consecutive years preceding the filing
of the application for a permit. As used in this chapter, "Lawndale
youth-based organizations" are defined as those specifically organized
and conducted solely in support of city youth programs; "Lawndale
community-based organizations" are defined as those organized for
civic betterment serving varied city groups and not specifically organized
and conducted solely in support of city youth programs. Verification
that the organization meets these membership requirements shall be
demonstrated through the submission of a list of names and addresses
and, in the case of youth-based organizations, a statement of the
age, of each member of the organization. Should the city receive a
public record request for this information, the city shall redact
all private information to the extent authorized by law.
3.
A
minimum of thirty percent of the membership of a community-based organization
making the application for a fireworks permit must reside within or
be employed within the city and, in the case of a youth-based organization,
at least thirty of the youth members of such organization must reside
within the city, at the time of the filing of the application for
a permit.
4.
A
permit for only one fireworks stand will be issued to any one organization
per "umbrella" organization which meets the requirements set forth
in this section. An "umbrella" organization is the primary entity
in whose name of the organization has been formed and which is recognized
by the California Franchise Tax Board. For example, an umbrella organization
can be a school district. In this example, only one of the district's
subsidiary groups, such as a Spanish club, would be eligible to be
awarded a permit in the one calendar year. Other subsidiary groups,
such as a baseball team booster club, would be eligible to be awarded
a permit in the subsequent year.
5.
The
applicant shall not be operating a fireworks stand in any other city
in the state of California during the same period the applicant proposes
to operate a stand in Lawndale.
6.
If
the applicant has previously operated a fireworks stand in the city,
the applicant shall have paid all required taxes, including sales
taxes.
B.
Revocation
by City Manager.
1.
If
the city manager receives credible evidence that any person or organization
issued a conditional or final permit under this chapter that does
not meet any of the qualifications described in this section, the
city manager shall conduct a revocation hearing.
2.
The
holder of the conditional or final permit shall be given notice of
the place, time and grounds for the revocation hearing not less than
seventy-two hours in advance. The permit holder shall have the right
to present evidence on its own behalf and to be represented by legal
counsel at its own expense.
3.
The
city manager may revoke the permit effective immediately or effective
at twelve midnight on July 4th. Any person or organization whose permit
is revoked shall be ineligible for a fireworks permit for a period
of five years.
4.
If a permit is revoked or other adverse action taken by the city manager, the permit holder may appeal the decision to the city council. The filing of an appeal shall stay the decision of the city manager, who shall schedule the matter to be heard by the city council in accordance with Section 8.12.110 of this chapter. Such appeal must be filed with the city clerk not more than ten calendars days after receipt of the city manager's decision and shall set forth the basis for the appeal. Failure to file a timely appeal shall constitute a waiver and the city manager's decisions shall be final.
5.
Nothing
in this chapter shall be construed as requiring a hearing prior to
revocation of a fireworks permit or other action under the city's
police powers. In the case of a finding by the city manager that his
or her order is necessary for the immediate protection of the health,
welfare or safety of the citizens of Lawndale, filing of an appeal
shall not stay the order of the city manager.
(Ord. 957-05 § 1; Ord. 1036-09 §§ 1, 2)
A.
Applications
from qualified organizations for a permit to sell safe and sane fireworks
within the city will be received by the city clerk on or before the
last business day for the city in the month of January of the calendar
year for which the permit is sought. All applications received by
the city clerk shall be reviewed by the finance department, or staff
designated by the city manager to determine completeness and that
all qualifications are met. Incomplete applications will be disqualified
from the draw.
B.
Each
application shall be accompanied by a filing fee of one hundred fifty
dollars payable to the city. Unsuccessful applicants shall have their
filing fee returned to them.
C.
Each
application shall include all of the following:
1.
Name
and address of applicant;
2.
Evidence
of the applicant's status as a nonprofit corporation;
3.
The
purpose for which the applicant is primarily existing and for which
it was organized. Proof is required from the state of California of
nonprofit status;
4.
The
names and addresses of the officers, if any, of the applicant;
5.
When
the applicant was organized and established;
6.
The
location of the applicant's principal and permanent meeting place;
7.
Declarations
shall be submitted by the applicant stating, under penalty of perjury,
that:
a.
Not less than twenty-five percent of any net revenue earned from
the sale of fireworks shall be spent in support of youth activities
within the city, and that not less than an additional twenty-five
percent of any net revenue earned from the sale of fireworks shall
be spent in support of youth activities and/or charitable projects
within the city;
b.
The applicant will not be operating a fireworks stand in another
city during the same period that the applicant proposes to operate
a stand within this city; and
c.
The required number of members of the organization reside within
or are employed within the city, as required in Section 8.12.040(A)(3)
of this chapter.
d.
If the applicant has previously operated a fireworks stand in the
city, the applicant shall have paid all required taxes, including
sales taxes.
(Ord. 957-05 § 1; Ord. 1036-09 § 3)
A.
The
maximum number of permits which may be issued pursuant to the provisions
of this chapter during any one calendar year shall not exceed eight.
B.
1.
The
city council shall receive all qualified applications from the finance
department at the second regular city council meeting of February.
The eight fireworks stands shall be allotted among organizations in
the following two categories: (a) five stands shall be allotted to
Lawndale youth-based organizations; and (b) three stands shall be
allotted to Lawndale community-based organizations. Should the city
council receives qualified applications for more than the permitted
number of fireworks stands, issuance of permits will be selected by
placement of the names of all qualified applicants, in each of the
two categories, in a nontransparent receptacle from which they will
be drawn by the mayor, one at a time, until all have been drawn. The
draw for each category shall be held independently.
2.
If
less than the maximum allowable number of applications qualify for
a fireworks stand in either category, the draws will be held in each
of the two categories among the qualified applicants, and a third
draw will be held among remaining qualified applicants irrespective
of category until eight permits for stands are awarded.
C.
The
first five applications drawn from the youth-based organization category
and the first three applications drawn from the community-based organization
category will receive conditionally issued permits. If any applicant
shall fail to meet any contingent condition of the permit, such as
obtaining approval of the location, then the unsuccessful applicant(s)
shall be given the opportunity, in the order originally drawn, to
receive a permit.
D.
The
eight successful applicants will not be granted a permit the following
year, unless the city does not receive sufficient qualified applications
in the relevant category. However, different subsidiaries of an umbrella
organization, as that term is defined in Section 8.12.040(A)(4) of
this chapter, will be eligible to apply for permits in consecutive
years. The foregoing procedure thus establishes a rotation system
thereby prohibiting a monopoly by any one organization.
E.
In addition
to the eight fireworks booths authorized pursuant to this section,
the parks, recreation and social services commission for the city
of Lawndale is authorized to operate a ninth booth. The city council
shall announce the location of this ninth booth no later than the
second council meeting in April.
(Ord. 957-05 § 1; Ord. 974-06 §§ 1, 2)
A.
Applicants
for a permit shall be notified by the finance department of the conditional
granting or denial of the fireworks stand permit on or before the
first Monday in March of each calendar year or such other date as
the city council may determine.
B.
Final
approval of any applicant shall be subject to the following requirements:
1.
After selection, each of the eight applicants must submit to the finance department, on or before the first Thursday in May, a request for a location where the permittee will sell fireworks, together with a plot plan approved by the owner of the property, showing the location of the temporary fireworks stand and all related structures. The plot plan shall also indicate the locations at which the stand operator would display the signs required by Section 8.12.080 of this chapter.
2.
The permittee shall procure public liability and property damage insurance covering its operation in and about the stand and premises in a minimum amount of one million dollars, naming the city as an additional insured and otherwise in the form specified in Section 2.64.020 of this code. The permittee shall file a certificate of such insurance with the finance department no later than the first Thursday in May.
3.
A
sales tax permit or evidence of exemption shall be obtained from the
board of equalization of the state and shall be submitted to the finance
department no later than the first Thursday in May.
4.
The
complete application and all site information shall be referred to
the fire chief, who shall make an investigation of the site to ensure
compliance with this chapter and shall submit a report with findings
to the finance director prior to the first Monday in June.
C.
Any
permit issued shall be valid only for the premises or location for
which issued, shall not be transferable, assignable or renewable,
and shall be valid only for the dates specified in the permit.
(Ord. 957-05 § 1; Ord. 974-06 § 3)
All temporary stands for the sale of fireworks shall be located,
maintained and operated subject to the following provisions:
A.
No temporary
fireworks stand may be erected prior to June 18th of any given year.
B.
Permittee
shall strictly comply with all of the provisions of the State Fireworks
Law (Health and Safety Code Sections 12500, et seq.), as may be amended
from time to time.
C.
Fireworks
stands need not comply with the provisions of the building code of
this city; provided, however, that all stands shall be erected under
the supervision of the building department inspector who shall require
that the stands be constructed in such a manner as will reasonably
ensure the safety of attendants and patrons and provided further,
that if a temporary power pole is required, then in such case, an
electrical permit shall first be obtained.
D.
No stands
shall have a floor area in excess of two hundred sixty square feet.
Stands shall have exits at least thirty inches in width at each end
and one exit every twenty feet along the rear wall.
E.
No fireworks
display or stand shall be located within twenty-five feet of any structure
or property line. The minimum setbacks required from the public sidewalk
shall be ten feet.
F.
There
shall be maintained in each premises or stand within which fireworks
are sold or offered for sale two water-base fire extinguishers approved
by the Los Angeles County fire department.
G.
Fireworks
on the sale site shall be stored and kept in the permittee's sales
booth or in a storage bin or other container, as approved by the Los
Angeles County fire department, which is located on the sales site
or immediately adjacent to the sales booth. It is unlawful to otherwise
store any fireworks in any building, residence, garage, home, or automobile
within the city.
H.
All
weeds and combustible material shall be cleared from the location
of the stand which includes a diameter of at least twenty-five feet
surrounding each stand.
I.
All
permits and required signs must be posted in a conspicuous place.
Required signs include the following:
1.
A
sign or signs shall be posted which state "Fireworks may not be discharged
prior to twelve noon on July 4th or after 11:59 p.m. on July 4th."
2.
"No
Smoking" signs shall be prominently displayed inside and outside of
the structure.
3.
A
minimum of one sign shall be posted on each stand which states "No
Sales to Anyone Under Eighteen Years of Age." The city council may,
in its discretion, increase the number of such signs which are required
to be displayed on each stand.
4.
Signs shall be posted on each stand to inform the public that the fines for violating Lawndale Municipal Code Section 8.20.060, prohibiting unnecessary and annoying sounds, are tripled for violations occurring between twelve noon on July 4th through three p.m. on July 5th.
5.
Any
other signage requested by the city council.
J.
All
fireworks and accompanying litter shall be removed from the temporary
location by four p.m. on July 6th and the temporary fireworks stand
shall be removed from the temporary location by five p.m. on July
11th. Failure to remove the stand prior to the above-mentioned date
will result in the assessment, payable to the city, of a penalty of
fifty dollars per day, or portion thereof, that the stand remains
on-site.
(Ord. 957-05 § 1; Ord. 1112-15 § 2)
A.
As limited
by California Health and Safety Code Section 12599, no fireworks shall
be sold pursuant to this chapter prior to twelve noon on June 28th
or after twelve midnight on July 4th of the same calendar year for
which a permit has been issued, and such permit shall expire at the
end of this period.
B.
No fireworks
shall be sold to any person under eighteen years of age.
C.
Upon
request by the city, fireworks permittees shall distribute flyers
regarding fireworks safety and regulations to each customer.
D.
The
permitted organization shall be responsible for the operation of the
stand for which the permit is issued, and shall staff the same with
such persons as may be necessary to comply with the requirements of
this chapter.
E.
No person
other than the individuals who are members of the permitted organization,
or the wives, husbands or children over eighteen years of age of such
members shall sell or otherwise participate in the sale of fireworks
at any such stand.
F.
No person
shall be paid any consideration for selling or otherwise participating
in the sale of fireworks at any such stand.
G.
Fireworks
stands containing fireworks shall be guarded by at least one adult,
twenty-one years old or over, at all times.
H.
No smoking
shall be allowed in any structure used for the sale and display of
fireworks nor within ten feet of the structure.
I.
No person
shall light, or cause or permit to be lit, any fireworks or any other
similar article or material within any such stand, or within fifty
feet thereof.
J.
The
permittee shall provide an on-premises adult night watchman who is
at least twenty-one years of age to guard the fireworks stand during
the hours of storage. Under no circumstances shall the night watchman
sleep within the fireworks stand.
K.
No alcoholic
beverages shall be allowed on the premises.
(Ord. 957-05 § 1)
A.
On or
before September 1st of each calendar year, any organization desiring
to sell fireworks which had a permit to sell fireworks in that calendar
year, shall submit to the city finance department, on a form specified
by the city, an accounting of all proceeds from the sale of fireworks
including a copy of the state, local and district sales and use tax
return. In addition to the requirement specified above, on or before
November 30th of each calendar year, any organization desiring to
sell fireworks shall also submit to the city finance department on
a form specified by the city, an accounting of expenditures of funds
showing that the net revenue earned from the sale of fireworks under
any prior permit were spent in the manner required by Section 8.12.050(C)(7)(a)
of this chapter. The city will not send reminder notices of this requirement.
The failure to timely submit both the accounting of proceeds by September
1st and the appropriate financial expenditure report by November 30th
will result in the automatic disqualification of the applicant from
the next year's application process and any subsequent application
process until the appropriate reports have been timely filed. Thus,
if the applicant submits its accounting of proceeds and the appropriate
financial expenditure report after the aforementioned deadlines of
one year, but prior to the deadlines in another year, the applicant
may be considered for the subsequent year's drawing.
Each year, after the city's receipt of the accountings from
each organization required above, the city manager shall select a
minimum of two of the accountings submitted to be audited by the city's
finance department. Each organization selected for audit shall be
advised of the audit in writing and shall thereafter provide city
finance staff with complete access to the organization's financial
records regarding the organization's use of all funds generated at
the fireworks booth. The purpose of this audit is to allow city staff
to verify that the organization used its sales proceeds in the manner
required by Section 8.12.050(C)(7)(a) of this chapter. Should an organization
fail to submit to an audit requested pursuant to this subsection or
fail to provide all of the documentation necessary for city staff
to complete the audit, the organization shall be barred from receiving
a fireworks stand permit for a period of five years thereafter. Should
an audit reveal that an organization has not used its sales proceeds
in the manner required by Section 8.12.050(C)(7)(a) of this chapter
or that the organization fails to meet the membership requirements
set forth in Section 8.12.050(C)(7)(c), the organization shall be
barred from receiving a fireworks stand permit for a period of five
years thereafter.
B.
In the
event it is determined by a majority of the city council at a regular
meeting of the city council that fifty percent of the net revenue
to any applicant from the sale of fireworks is not spent in support
of youth activities in the city, then such applicant shall be barred
from receiving a fireworks stand for a period of five years thereafter,
provided that such applicant shall receive at least ten days prior
written notice of the city council consideration of such action.
C.
Within seven months of the submission of the accounting of proceeds to the city pursuant to subsection A of this section, a majority of the city council, at a regular meeting of the city council, may request that any organization that submitted an accounting submit to an audit by city finance staff. When a request for an audit is made, the organization shall be required to provide city finance staff with complete access to the organization's financial records regarding the organization's use of all funds generated at the fireworks booth. The purpose of this audit is to allow city staff to verify that the organization used its sales proceeds in the manner required by Section 8.12.050(C)(7)(a) of this chapter. Should an organization fail to submit to an audit requested pursuant to this subsection or fail to provide all of the documentation necessary for city staff to complete the audit, the organization shall be barred from receiving a fireworks stand permit for a period of five years thereafter. Should an audit reveal that an organization has not used its sales proceeds in the manner required by Section 8.12.050(C)(7)(a) of this chapter or that the organization fails to meet the membership requirements set forth in Section 8.12.050(C)(7)(c), the organization shall be barred from receiving a fireworks stand permit for a period of five years thereafter.
(Ord. 957-05 § 1; Ord. 974-06 §§ 4, 5; Ord. 1036-09 §§ 4, 5)
A.
The city council may hear an appeal of a decision by the city manager pursuant to Section 8.12.040 of this chapter, or it may conduct a hearing to determine whether any conditional or final fireworks permit shall be revoked.
B.
At least
ten days prior to the hearing, notice of the time and place of the
public hearing shall be given to the permit holder via personal delivery
or via U.S. mail to the person listed as the responsible agent for
the permit holder. Unless the hearing is an appeal, the hearing notice
shall contain a general description of the grounds for the revocation.
C.
The
city council may revoke the permit effective immediately or effective
at twelve midnight on July 4th, and revocation must be based upon
a finding that one of the following is true:
D.
The
decision of the city council may be challenged by filing a petition
for a writ of mandate pursuant to Code of Civil Procedure Section
1094.5 within ninety days after issuance of the decision.
E.
Any
person or organization whose permit is revoked shall be ineligible
for a fireworks permit for a period of five years.
(Ord. 957-05 § 1)
A.
Any
person who violates any of the provisions of this chapter or who knowingly
or intentionally misrepresents to any officer or employee of the city
any material fact in procuring the license or permit provided for
in this chapter shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be punishable by a fine of not more than
two thousand dollars or by imprisonment in the County Jail for a period
of not more than six months, or by both such fine and imprisonment.
Any person, who may otherwise be charged with a misdemeanor as a result
of a violation of this chapter, may be charged, at the discretion
of the prosecuting authority, with an infraction.
B.
In addition
to any other remedies set forth in this code, administrative penalties
may be imposed against any responsible person for violating any of
the requirements set forth in this chapter. Responsible person means
a person who causes a code violation to occur, or allows a violation
to exist or continue, by his or her action or failure to act, or whose
agent, employee or independent contractor causes a violation to occur,
or allows a violation to exist or continue. There is a rebuttable
presumption that the record owner of a residential parcel, as shown
on the county's latest equalized property taxes assessment rolls,
and a lessee of a residential parcel each has notice of any violation
existing on said property. For purposes of this chapter, there may
be more than one responsible person for a violation. Any person, irrespective
of age, found in violation of any provision of this chapter may be
issued a citation in accordance with the provisions of this chapter.
Every parent, guardian or other person, having the legal care, custody
or control of any person under the age of eighteen years, who knows
or reasonably should know that a minor is in violation of this chapter,
may be issued a citation in accordance with the provisions of this
chapter, in addition to any citation that may be issued to the offending
minor.
C.
Each
responsible person who is found to possess, use, store, sell and/or
display dangerous fireworks in the amount of twenty-five pounds or
less shall be subject to an administrative citation, as set forth
herein.
D.
Any
person violating the provisions of this chapter shall be subject to
penalties in the amount of two thousand five hundred dollars for the
first violation and five thousand dollars for the second and all additional
violations. Each incidence of this violation which occurs again, shall
constitute a new and separate violation.
E.
Administrative fine(s) issued pursuant to this chapter shall be due and payable in accordance with Chapter 1.11, and the cited person shall be required to abate the violation, and surrender all dangerous fireworks to the police officer or code enforcement officer, immediately. For penalties not paid in full within that time, a late charge in the amount set by resolution of the city council may be imposed and must be paid to the city by the cited person.
(Ord. 957-05 § 1; Ord. 1106-15 § 2; Ord. 1180-21 § 1; Ord. 1194-22 § 1)
