For the purpose of this chapter, unless otherwise apparent from
the context, certain words and phrases used in this chapter are defined
as follows:
“Based in Desert Hot Springs”
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.
“Church”
means a State-certified, tax-exempt religious organization
which has a permanent meeting place within the City limits.
“Civic/services organization”
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.
“Fire Chief”
means to include the authorized representative of the City’s
Fire Chief.
“Lottery”
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.
“Person”
means any natural person and/or any organization or joint
venture, or a member thereof.
“School-based youth group”
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.
“Youth group”
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.
G. The cash deposit, certificate of deposit or surety bond made payable to the City in the amount of $150 shall be refunded to the permittee pursuant to subsection
(D)(4)(g) of this section.
(Prior code § 101.03; Ord. 765 10-4-22)
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)
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)
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)