A.
“Safe
and sane” fireworks as defined by Section 12529 of the California
Health and Safety Code may be sold and discharged within the City
pursuant to the provisions of this chapter.
B.
It is
unlawful to offer for sale or to sell, or to discharge or cause to
be discharged, within City limits any fireworks not designated by
the state as “safe and sane” fireworks.
C.
It is
unlawful to offer for sale or to sell within City limits any “safe
and sane” fireworks without first obtaining a validly issued
permit as required by this chapter.
D.
It is
unlawful to offer for sale or to sell within City limits any “safe
and sane” fireworks in violation of any provision of this chapter.
E.
It is
unlawful to discharge or cause to be discharged within City limits
any “safe and sane” fireworks in violation of any provision
of this chapter.
(Prior code § 101.01)
For the purpose of this chapter, unless otherwise apparent from
the context, certain words and phrases used in this chapter are defined
as follows:
means based and primarily operating within the jurisdictional
limits or boundaries of the City of Desert Hot Springs and comprised
of and for the benefit of the residents of the City. However, an organization
which otherwise qualifies for a permit, has been active in providing
substantial services within the City limits for a period of not less
than five years, but is not based in the City, is eligible to apply.
means a State-certified, tax-exempt religious organization
which has a permanent meeting place within the City limits.
means a State-certified nonprofit organization organized
primarily for charitable purposes that has as its principal and permanent
meeting place a location within the City limits, maintains a bona
fide membership of at least 20 members, and has been organized, and
meeting within the City limits for a minimum of five years continuously
preceding the filing of the application for the permits issued pursuant
to this chapter.
means to include the authorized representative of the City’s
Fire Chief.
means random drawing from a pool of qualified youth groups,
churches or civic/service organizations for selection by the City
Council for firework permits issued pursuant to this chapter.
means any natural person and/or any organization or joint
venture, or a member thereof.
mean those fireworks defined as “safe and sane”
by Section 12529 of the California Health and Safety Code and any
other applicable State law.
means a youth group comprised exclusively of individual members
whose maximum age does not exceed 18 years of age and who regularly
attend a private or public school located within the City limits.
means a private organization based in Desert Hot Springs
and organized for the purpose of participating in organized sports
or civic activities consisting of at least 20 individual members whose
maximum age does not exceed 18 years of age.
(Prior code § 101.02)
No person shall offer for sale or sell at retail any safe and
sane fireworks in the City without having first applied for and received
the following permits:
A.
Permits
Required.
1.
Fireworks
Program Permit. No person shall offer for sale or sell at retail any
safe and sane fireworks in the City without having first applied for
and received a fireworks program permit issued by the City’s
Fire Department.
2.
Fireworks
Safety Permit. No person shall offer for sale or sell at retail any
safe and sane fireworks in the City without having first applied for
and received a fireworks safety permit issued by the City’s
Fire Department.
3.
No
permit shall be issued to any organization not qualified under the
provisions of this chapter.
B.
Permit
Fees.
1.
The
cost of the fireworks program permit fee shall be established by resolution
of the City Council and shall be no less than $500 per permit. Proceeds
of said fee shall be used to defray the City’s inspection, enforcement,
public education and clean up costs for the fireworks program.
2.
The
cost of the fireworks safety permit fee shall be no less than $100,
as established by resolution of the City Council. Proceeds of said
fee shall be used to defray the City’s costs for compliance
with applicable laws and regulations pertaining to the sale and storage
of fireworks.
3.
In the case of a joint venture, as permitted under Section 8.28.040(E), only one fireworks program permit and/or one fireworks safety permit fee shall be required to be paid.
C.
Zoning
Restrictions. Each fireworks stand must be on private property located
in a commercial or industrial zone and may include vacant lots or
otherwise unimproved real property.
D.
Permit
Application Process.
1.
An
application for a fireworks program permit and an application for
a fireworks safety permit (collectively, “fireworks permits”)
shall be submitted together, on forms provided by the City’s
Fire Department.
2.
Applications
for fireworks permits shall include a detailed and specific description
of the operation of and the location of the proposed site for a fireworks
stand and shall identify whether the proposed site is to be located
on improved or unimproved private property. The Fire Marshal or designee
shall have the sole discretion to approve the proposed site for a
fireworks stand in accordance with applicable safety requirements
and the requirements for a fireworks stand set forth in this chapter.
The Fire Marshal or designee shall have the sole discretion to impose
mitigation measures on an applicant based on site access, dust control,
or any other fire or life safety considerations.
3.
Applicants for fireworks permits that propose a site for a fireworks stand on unimproved private property shall comply with Desert Hot Springs Municipal Code Chapter 15.84, titled “Control of (PM10) Fugitive Dust Emissions” and any other applicable City regulations, by submitting to the City a PM10 plan for fugitive dust mitigation measures and by submitting to the City the applicable administrative review fees for said plan.
Applicants for fireworks permits shall submit a City-approved
PM10 plan for fugitive dust mitigation measures to the City’s
Fire Department, together with the application for fireworks permits.
4.
Applications
for fireworks permits shall be accompanied by the following:
a.
A nonrefundable application fee of $100 which shall be used to defray
the administrative costs of processing the permit application;
b.
A City-approved PM10 plan for fugitive dust mitigation measures if
the proposed site for a fireworks stand is to be located on unimproved
private property;
c.
Payment, in full, of the fireworks program permit fee and the fireworks
safety permit fee;
d.
Written permission of the owner of record and lessee, if applicable,
where the stand is to be located which provides the owner’s
and lessee’s consent to the construction and operation of a
fireworks stand at said location;
e.
Written assurance that, if the fireworks permits are issued to applicant,
applicant shall, at the time of receipt of the permits, deliver to
the City’s Fire Department, $1,000,000 public liability and
$1,000,000 property damage insurance certificates designating the
City as an additional insured thereunder, and a certified copy of
the requisite license from the State Fire Marshal;
f.
Bylaws and other written evidence of the organization’s tax
exempt status; and
g.
A cash deposit, certificate of deposit or a surety bond made payable
to the City in the amount of $150 to assure compliance with the provisions
of this chapter. Such deposit, certificate, or bond shall be refundable
immediately to those applicants who are denied issuance of fireworks
permits. Deposits, certificates, or bonds shall be refunded to applicants
who are issued fireworks permits upon compliance with the provisions
and requirements of this chapter, including, but not limited to, the
removal of the stand and the cleaning up of the site. In the event
the permitted applicant/organization does not so comply or remove
the stand or clean up the site to the Fire Marshal’s or designee’s
reasonable satisfaction, the City may remove the stand and/or clean
the site, or cause the same to be done by other persons, and the reasonable
cost thereof shall be a charge against the permitted applicant/organization
and its surety and the deposit, certificate or bond.
5.
Applications
for fireworks permits must be submitted between the 30th day of March
and the sixth day of April of each year, except that for the year
2009, applications must be submitted no later than June 10, 2009.
6.
Applications
for fireworks permits shall be reviewed for compliance with this chapter
by the City Manager, or designee. All applications for the fireworks
permits approved by the City Manager, or designee, shall be forwarded
to the City Council for consideration and approval by resolution,
together with the City Manager, or designee, report of its findings
and recommendations.
7.
Each
calendar year, the City Council may issue up to six fireworks permits.
8.
Notice
of Grant or Denial. Applicants for fireworks permits shall be notified
of the acceptance or rejection of the applications for said permits
by the City Manager, or designee within 10 days of the City Council’s
decision on the applications, but no later than the second regular
City Council meeting scheduled in the month of May.
9.
Refund
of Fees. Any applicant whose application was rejected by the City
shall be entitled to a full refund of the fireworks program permit
and the fireworks safety permit fees.
10.
Unclaimed Permits. In the event that any fireworks permits issued by the City Council go unclaimed, the City Manager, or designee may randomly select from the pool of the applications for fireworks permits that were submitted to but not approved by the City Council and may issue fireworks permits to the randomly selected organization(s) specified in Section 8.28.040 of this chapter.
E.
Firework
permits are not transferable.
F.
Only one set of fireworks permits shall be issued per organization IRS identification number, even in the case of a joint venture as permitted by Section 8.28.040(E). The organization providing the IRS identification number shall be primarily responsible to the City for any breach of law or act of negligence. The other organization in the joint venture is not, because of this provision, relieved of any liability to the City.
(Prior code § 101.03; Ord. 765 10-4-22)
A.
An organization
applying for fireworks permits shall represent the undivided entirety
or base group and shall not be permitted to separate into an aggregation
of subgroups or clubs affiliated with the parent organization. The
entire individual group, club or organization associated with an institution
or organization shall be considered as one single applicant. The intent
and purpose for treating all organizations as a single entity is to
ensure that the selection process is equitable and that no one organization
with multiple subgroups will have an unfair advantage over other single
purpose organizations. Notwithstanding the foregoing, subgroups of
a single entity may be eligible for a permit in cases where there
are available unused permits.
B.
Where
such organization’s principal purpose is the advancement of
youth’s interests such as sports organizations, only bona fide,
currently registered youth members of such organization shall be counted
as “members” for the purposes of this section.
C.
No less
than 90 percent of the proceeds derived from the sale of fireworks
in the City by the organization shall be utilized for the direct advancement
of charitable, religious, youth or civic purposes of such organization.
D.
An organization
shall be entitled to operate only one fireworks stand during any one
calendar year.
E.
Fireworks permits may be issued to two or more qualifying applicants as a joint venture. Each of the members of the joint venture must provide the insurance certificate required by Section 8.28.030(D)(4)(e). The joint venture shall be required to pay only one application fee (Section 8.28.030(D)(4)(a)), one form of security deposit (Section 8.28.030(D)(4)(g)), one fireworks program permit fee (Section 8.28.030(B)(1)), and one fireworks safety permit fee (Section 8.28.030(B)(2)). The joint venture may file one PM10 plan, if such a plan is required under Section 8.28.030(D)(3). Except as specifically provided in this chapter, both members of the joint venture must separately qualify and separately satisfy the provisions of this chapter.
(Prior code § 101.04)
A.
Prior
to the set up of fireworks stands and the sale and distribution of
safe and sane fireworks in the City, the City’s Fire Department
shall schedule one mandatory meeting which shall be attended by an
authorized representative of each participating distributor (or potential
distributor) of safe and sane fireworks, two authorized representatives
of each participating organization to which fireworks permits are
issued, and an authorized representative of the City’s Fire
Department.
B.
At the
mandatory meeting, each participating distributor of safe and sane
fireworks shall provide to the City’s Fire Department and to
each participating organization to which fireworks permits are issued
educational materials for distribution during the sale of said fireworks
regarding the use of safe and sane fireworks and the prohibition of
dangerous and other types of fireworks.
(Prior code § 101.05)
A.
Organizations
to which fireworks permits have been issued shall obtain a temporary
sales tax permit from the regional office of the State Board of Equalization.
B.
All
sales of safe and sane fireworks shall be subject to sales tax. No
fireworks permit holder shall seek an exemption from the payment of
sales tax which applies to the sale of safe and sane fireworks.
(Prior code § 101.06)
All state-and City-issued permits required pursuant to this
chapter and State law shall be displayed in a prominent place in the
fireworks stand of each permittee.
(Prior code § 101.07)
A.
It is
unlawful to sell or permit to be sold safe and sane fireworks prior
to 12:00 p.m. on the 28th day of June and after 10:00 p.m. on the
fourth day of July.
B.
After
the 28th day of June, daily hours of operation for sales will be permitted
from 8:00 a.m. to 10:00 p.m.
C.
No person
other than the permitted organization or joint venture shall operate
a fireworks stand for which fireworks permits have been issued or
share or otherwise participate in the profits of the operation of
such fireworks stand.
D.
No person
shall be paid any consideration for selling or otherwise participating
in the sale of safe and sane fireworks at a fireworks stand.
E.
No person
under the age of 18 years shall be allowed to purchase or sell safe
and sane fireworks.
F.
The
only persons permitted to remain in a fireworks stand and/or to sell
or offer to sell safe and sane fireworks from within the fireworks
stand shall be adult members of the permitted organization or joint
venture organizations, or the parent, spouse or adult children of
such members.
G.
All
retail sales of safe and sane fireworks shall be permitted only from
within the fireworks stand for which fireworks permits have been issued.
Sales from any other building or structure are prohibited.
H.
No person
shall sell or offer to sell safe and sane fireworks to any person
who is reasonably observed or known to be under the influence of drugs
or alcohol.
(Prior code § 101.08)
A.
Fireworks
stands, City-approved storage containers, and the sites whereupon
the stands and containers are located shall be subject to the following
provisions:
1.
Sites
upon which safe and sane fireworks will be sold shall be no closer
than 250 feet from each other measured from the closest property lines,
except upon the written approval of the Fire Marshal and all other
interested parties including the property owner.
2.
Fireworks
stands and any City-approved storage containers shall be no closer
than ten feet from each other and no farther than 25 feet from each
other.
3.
No
fireworks stand and no City-approved storage container shall be located
within 25 feet of any other building, overhang or other fixture as
defined by the Fire Marshal, or within 100 feet of any fuel dispensing
operations.
4.
Fireworks
stands and City-approved storage containers need not comply with the
provisions of the building code of the City; provided, however, that
all stands and storage containers shall be erected under the supervision
of the Director of the Department of Building and Safety, who shall
require that stands and containers be constructed in a manner that
will reasonably insure the safety of attendants and patrons.
5.
Fireworks
stands and storage containers shall be constructed of metal or other
material as approved by the Fire Chief or designee, and may have metal
or other approved flooring attached.
6.
No
fireworks stand and no storage container shall have a floor area in
excess of 400 square feet.
7.
Fireworks
stands in excess of 24 feet in length must have at least two exits;
and each stand in excess of 40 feet in length must have at least three
exits spaced equal distant apart; provided, however, that in no case
shall the distance between exits exceed 24 feet.
8.
Storage
containers shall have a single door or a pair of doors that are lockable
at one end of the container.
9.
Each
fireworks stand shall have electrical outlets and electrical wiring
of conduit and shall have power provided from on site sources in such
a manner as deemed safe by the Fire Department. Fireworks stands with
power provided by generators shall be inspected and approved by the
Fire Department prior to operation. Portable generators when used
for temporary electrical service shall be located a minimum of 25
feet from the fireworks stand when in operation.
10.
Storage containers shall have no internal power of any kind.
11.
Each fireworks stand shall be provided with a minimum of two, two
and one-half gallon pressurized water-type portable fire extinguishers.
12.
Legible signs reading “No Discharge of Fireworks Within One
Hundred Feet of the Fireworks Stand” and “No Smoking”
shall be posted on the fireworks stand and the storage container.
13.
All weeds and combustible material shall be cleared from the location
of the fireworks stands and storage containers including a distance
of at least 25 feet surrounding all stands and containers.
14.
Each fireworks stand must have an adult in attendance and in charge
thereof while fireworks are stored therein, for the purpose of providing
supervision and security. Each storage container shall also be located
near the fireworks stand, but within the permissible distances set
forth in this chapter, for security purposes.
15.
Each fireworks stand and storage container shall be secured with
a Fire Department approved padlock when not occupied.
16.
Each fireworks stand shall have a means of telephone communication
provided within 25 feet of the stand.
17.
Sleeping or remaining within the fireworks stands or storage containers
after close of business each day is prohibited. However, permittees
shall provide a security plan for approval by the Chief of Police
or designee. The security plan shall ensure that the site is monitored
by the permittee or designee at all times.
18.
Inventory collection shall be completed during the daylight hours
on the fifth day of July and all unsold stock and accompanying litter,
refuse, trash and debris shall be removed from the location by 5:00
p.m. on the fifth day of July.
19.
All fireworks stands and storage containers shall be removed from
the site location by 12:00 p.m. on the 14th day of July and all accompanying
litter, refuse, trash and debris shall be cleared from the location
by said date and time.
20.
A clear space of 25 feet shall be maintained around all portions
of the fireworks stands and storage containers by the use of barrier
tape, signs, or other suitable means as approved by the Fire Chief.
No vehicles shall be parked within 25 feet of either a stand or a
container.
21.
All accumulated litter, refuse, trash and debris shall be removed
daily from each fireworks stand.
22.
Consumption or use of alcohol in the fireworks stands or storage
containers or within 25 feet of the stands or containers is prohibited.
(Prior code § 101.09)
A.
All
fireworks stands and storage containers shall be inspected by the
City’s Fire Department no later than 10:00 a.m. on June 28th.
An organization representative shall be available to provide access
for inspections of stands and containers as early as 8:00 a.m. on
June 28th.
B.
The
City’s Fire Department shall have a right to randomly inspect
without notice any fireworks stand and storage container throughout
the sales and operations period.
(Prior code § 101.10)
A.
It is
unlawful for any person to ignite, explode, project, or otherwise
fire or use, any fireworks, or permit the ignition, explosion or projection
thereof, upon or over or onto the property of another without his/her/its
consent, or to ignite, explode, project or otherwise fire or make
use of, any fireworks within ten feet of any residence, dwelling or
other structure used as a place of habitation by human beings.
B.
The
discharge of fireworks within the City shall be limited to private
property except as otherwise provided herein. No fireworks shall be
discharged on public, semipublic or private open areas such as parking
lots, vacant lots and those areas not approved by the City’s
Fire Chief.
C.
It is
unlawful to discharge fireworks within the City prior to 12:00 p.m.
on June 28th and after midnight on July 4th.
D.
It is
unlawful for any person to allow or permit a fire nuisance as defined
by Section 12510 of the California Health and Safety Code. No fireworks
shall be discharged in any high fire hazard areas within the City
as determined by the City’s Fire Chief.
(Prior code § 101.11)
The provisions of this chapter are in addition to applicable
State law, including Title 19, Article 5, Section 993 of the California
Code of Regulations, which requires a license from the State Fire
Marshal. Each package of fireworks shall be marked as “safe
and sane” fireworks and shall bear the State Fire Marshal’s
classification label.
(Prior code § 101.12)
Any violation of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute an infraction violation and the violator shall be subject to the provisions set forth in Chapter 4.28 of the Desert Hot Springs Municipal Code, including, but not limited to, the imposition of any and all criminal penalties set forth therein.
(Prior code § 101.13)
Any person convicted of an infraction shall, for each separate
violation of the provisions of this chapter, be subject to: (1) a
fine in an amount not to exceed $250 for the first conviction of an
offense; (2) a fine in an amount not to exceed $500 for a second conviction
of the same offense within a 12-month period of the date of the first
offense; and (3) a fine in an amount not to exceed $750 for the third
conviction of the same offense within a 12-month period of the date
of the first offense. The fine for a fourth and subsequent convictions
of the same offense within a 12-month period of the date of the first
offense shall be $1,000.
(Prior code § 101.14)
A.
In lieu of issuing an infraction citation, the City may issue an administrative citation, pursuant to Chapter 4.24 of the Desert Hot Springs Municipal Code, to any person responsible for committing, causing or maintaining the subject violation, and to any person who owns, leases, or is otherwise in lawful possession of the property on which any person commits, causes, or maintains the subject violation.
B.
Nothing
in this section shall preclude the City from also issuing an infraction
citation upon the occurrence of the same subject offense on a separate
day.
(Prior code § 101.15; Ord. 581 6-21-16)
A.
Any person issued an administrative citation under this chapter, except for an administrative citation issued pursuant to Section 8.28.010(E) of this chapter, for each separate violation, shall be subject to a fine as follows: (1) an administrative fine in an amount not to exceed $100 for the first violation; (2) an administrative fine in an amount not to exceed $250 for a second violation of the same offense within a 12-month period of the date of the first offense; and (3) a fine in an amount not to exceed $500 for a third and any subsequent violation of the same offense within a 12-month period of the date of the first offense.
B.
Any person issued an administrative citation under Section 8.28.010(E) of this chapter, for each separate violation, shall be subject to a fine as follows: (1) an administrative fine in an amount not to exceed $1,000 for the first violation; and (2) a fine in an amount not to exceed $1,000 for any subsequent violation.
(Prior code § 101.16; Ord. 581 6-21-16)
A.
Any
violation of this chapter by the holder of fireworks permits issued
pursuant to this chapter shall constitute grounds for modification,
suspension and/or revocation of said permits.
B.
Any
organization whose fireworks permits are revoked shall not be eligible
for issuance of fireworks permits the following year.
C.
Nothing
in this chapter shall preclude the City from pursuing other remedies
provided by the Desert Hot Springs Municipal Code or other laws, including,
but not limited to, issuance of stop work orders and injunctive relief.
(Prior code § 101.17)
Pursuant to applicable law, the City Manager or designee shall
have the power to certify persons, including employees, to enforce
this chapter.
(Ord. 581 6-21-16)
