This chapter shall govern the sale, offer for sale, the use, ignition, discharge of, firing or possession of fireworks within the city.
(Ord. 1132 § 2, 2019)
Note: Prior history: Prior code §§ 3105—3106 as amended by Ords. 692, 742, 904, 926, 981, 1023, 1024, 1044 and 1045.
The following words and phrases whenever used in this chapter shall be construed as defined in this section.
means any device, container, or vessel containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment. These items include, but are not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits. The term "fireworks" includes both "dangerous fireworks" and "safe and sane fireworks."
means any building, counter, or other structure of a temporary nature used in the sale, the offering for sale, or display for sale of "safe and sane fireworks."
means a person, other than an importer, exporter, or manufacturer selling only to wholesalers, who sells safe and sane fireworks to a retailer or any other person for resale. It also includes any person who sells dangerous fireworks to public display permittees.
means a person or organization to which a permit has been issued pursuant to this chapter.
means any person, partnership, organization, firm, corporation, association or any combination thereof, or any city, county, city and county, and state, and shall include any of their employees and authorized representatives.
means any private property, rented residential premises, or rented commercial residences; including, but not limited to, a home, yard, field, apartment, condominium, hotel or motel room, other dwelling unit, a hall or meeting room, commercial property, whether occupied on a temporary or permanent basis, whether or not occupied as a dwelling, party or other social function, and whether owned, leased, rented, or used with or without compensation.
means those reasonable and necessary costs directly incurred by public safety personnel for a response to an illegal discharge or illegal storage of fireworks, and include the cost of providing law enforcement, firefighting, and/or other emergency services at the scene of the illegal discharge or illegal storage of fireworks, including, but not limited to: (1) salaries and benefits of public safety personnel for the amount of time spent responding to, remaining at, or otherwise dealing with the illegal discharge or illegal storage of fireworks, and the administrative costs attributable to the response(s); and (2) the cost of any medical treatment to or for any public safety personnel injured responding to, remaining at or leaving the scene of the illegal discharge or illegal storage of fireworks; and (3) the cost of repairing any public safety equipment or property damage, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of an illegal discharge or illegal storage of fireworks.
means a permit issued by the city pursuant to this chapter authorizing the display for sale and sale of safe and sane fireworks.
means any fireworks that do not come within the definition of "dangerous fireworks" or "exempt fireworks. All safe and sane fireworks shall be labeled with the safe and sane fireworks seal as authorized by the state fire marshal.
means a person or persons with a right of possession of the residence or other private property at which illegal fireworks are sold, offered to be sold, possessed, stored, used, ignited or discharged, including, but not limited to: (1) any owner of the residence or other private property—meaning the record owner of the title to property as of the time of the possession, storage, sale, use, ignition or discharge, wherever that person or entity resides at that time; (2) a tenant or lessee of the residence or other private property at the time when the illegal fireworks are possessed, stored, sold, used, ignited, or discharged; (3) the person(s) in charge of the residence or other private property at the time when illegal fireworks are possessed, stored, sold, used, ignited or discharged; (4) the person(s) who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such gatherings where illegal fireworks are possessed. A social host need not be present at the time illegal fireworks are possessed, stored, sold, used, ignited or discharged for the city to impose penalties. Prior knowledge of the possession, storage, sale, use, ignition or discharge is not a prerequisite to a finding that any specific individual is a social host as defined by this section.
(Ord. 1132 § 2, 2019)
Except as otherwise provided in this chapter, no person shall possess, offer for sale, sell, use, display, explode, ignite, or discharge any fireworks within the city except as provided under Section 8.36.040.
(Ord. 1132 § 2, 2019)
A.
Safe and Sane Fireworks—Display for Sale and Sale of Safe and Sane Fireworks. The display for sale and sale of safe and sane fireworks is only permitted during the period beginning at 12:00 p.m. on June 28th and ending at 12:00 a.m. on July 5th of the same year. The retail display and sale of safe and sane fireworks without a retail sales permit as required under Section 8.36.100 is unlawful.
B.
Public Displays of Fireworks. Public displays of fireworks may be permitted where authorized pursuant to a permit for supervised public display by a public agency or a nonprofit civic organization. Such public displays shall be subject to all rules and regulations pertaining thereto in the Fire Code. No such public display shall be conducted until a permit has been granted by the fire department and the city manager or designee. Nothing contained in this chapter shall prohibit the public display of fireworks, as authorized in this section; subject to the terms and provisions of the State Fireworks Law.
(Ord. 1132 § 2, 2019; Ord. 1147 § 2, 2021)
A.
It is unlawful for any social host to allow, by invitation or consent, the possession, offer for sale, sale, use, display, explosion, ignition, or discharge any fireworks within the city except as provided under Section 8.36.040 on his or her property or other private property. Such a violation subjects any and all social host(s) to penalties for violation of this chapter as prescribed in Section 8.36.170 of this code.
B.
In the event that a juvenile hosts a gathering at a property or other private property at which illegal possession, offer for sale, sale, use, display, explosion, ignition or discharge of fireworks occurs, then the parents or guardians of that juvenile will be jointly and severable liable for any penalties incurred pursuant to this section.
(Ord. 1132 § 2, 2019)
A.
It is unlawful to engage in the activity or business of fireworks wholesaler or fireworks distributor within the city without first obtaining a wholesale permit from the city. The city may grant a fireworks wholesale permit for the possession and whole-sale distribution of safe and sane fireworks within the city to any person licensed by the State Fire Marshal as a manufacturer, importer, exporter, or wholesaler of safe and sane fireworks. Any such permit shall be upon the terms and conditions provided in this chapter and comply with the provisions set forth in this chapter.
B.
The term of the fireworks wholesale permit shall be twelve months and may be renewed annually. The city does not guarantee that each and every applicant submitting a wholesale permit or an application for renewal will be granted a permit. Applicants will be reviewed on a first-come, first-served basis. Applications for a fireworks wholesale permit or an application for renewal shall be filed with the city manager or designee on or before the second Tuesday in February of each year on a form approved by the city and with the application fee set by resolution of the city council.
(Ord. 1132 § 2, 2019)
Any application for a wholesale permit to engage in the possession and wholesale distribution of safe and sane fireworks in the city shall be in writing on a form approved by the city and shall conform with the following:
A.
The application shall be in writing, verified and accompanied by a nonrefundable application fee and a refundable fireworks stand removal deposit in amounts to be established by resolution of the city council;
B.
The application shall be filed with the city manager or designee on or before the second Tuesday in February of the year in which such permit is to be effective;
C.
The application shall be accompanied by a statement that, prior to the issuance of a permit, the applicant shall submit to the city certificates of product liability, general liability and property damage insurance in an aggregate amount of not less than two million dollars. Such policy shall be with a corporate insurance company and in such form as shall be approved by the city and shall name the city, its officers, and employees as additional insureds;
D.
The application shall contain such other information as may be required by the city manager or designee;
E.
The application shall set forth the name, principal place of business and telephone number of the applicant, its state fireworks license number or numbers, the names and addresses of its principal partners, owners or officers, and the name, residence address and capacity of the person signing the application;
F.
The application shall contain a statement that fireworks will not be furnished, sold, distributed or placed in the possession of any person or organization in the city, or for sale, use or distribution in the city, unless such person or organization holds a valid and unrevoked retail sales permit from the city to so possess, sell, use, or distribute such fireworks as required under Section 8.36.090.
(Ord. 1132 § 2, 2019)
A.
Each fireworks wholesaler or distributor providing safe and sane fireworks to organizations or persons licensed under this chapter shall pay an annual cost recovery fee to the city in an amount established by resolution of the city council;
B.
The fee required by this section shall be payable within five days from the date that the city manager or designee notifies applicant of permit approval;
C.
No fireworks wholesaler or distributor may supply, offer for sale or sell fireworks, unless and until the fee imposed by this section has been paid to the city and a wholesale permit has been issued by the city.
(Ord. 1132 § 2, 2019)
Except as provided herein, no person shall offer for sale or sell at retail any fireworks of any kind in the city without having first applied for and received a retail sales permit.
(Ord. 1132 § 2, 2019)
All applications for permits to sell at retail "safe and sane fireworks" shall be in writing on a form furnished by the city manager or designee, shall comply with and be governed by the provisions of the State Fireworks Law, and in addition shall be governed by the following:
A.
Applications for the Fourth of July celebration shall be made on or before the second Tuesday in February of each year.
B.
Each application shall be accompanied by the requisite city business license fee.
C.
Each application shall be accompanied by an application processing fee established by resolution of the city council.
D.
Each application shall set forth the following:
1.
The name of the applicant and the name of each of the principal officers of the applicant, with the residence and business address and telephone number of each;
2.
The date of organization of the applicant;
3.
The length of its continual existence;
4.
Its nature, purposes, and activities;
5.
A roster listing each member of the applicant organization;
6.
A statement whether or not the personnel who will be inside the stand at any time, whether as salesman or otherwise, will be adult members of the applicant organization or their immediate family members;
7.
The proposed location of the fireworks stand applied for, and whether or not the applicant has permission to locate a fireworks stand at such location;
8.
The name and address of the owner of the proposed location;
9.
A statement that the person signing the application has read and is familiar with the terms of this chapter regarding the nature of the permit granted, the location of fireworks stands, and the permitted times of storage and sale of fireworks at such locations;
10.
A statement that the applicant agrees to comply strictly with the terms of any retail sales permit granted to it and to account to the city for transactions engaged in pursuant to the permit and for the use and distribution of the funds realized from the holding of such permit.
E.
Every application shall include a notice of determination from the Internal Revenue Service or the California Franchise Tax Board or other official documentation showing that the organization is qualified and in good standing as one of the nonprofit organizations eligible to receive a retail sales permit pursuant to Section 8.36.110.
F.
Organizations affiliated with a qualified organization shall also provide a copy of the authorization letter from the qualified organization as required by Section 8.36.110.
G.
The city shall refer all such applications to the fire department for a report.
(Ord. 1132 § 2, 2019)
The following qualifications must be met in addition to the other requirements set forth in this chapter, or set forth in the State Fireworks Law, before a retail sales permit may be issued:
A.
No organization shall be eligible for a retail sales permit unless such organization is a nonprofit organization or corporation organized primarily for veterans, patriotic, social welfare, civic betterment, charitable or educational purposes and qualified under Sections 501(a), 501(c)(3) through (6) (if the organization is a chamber of commerce), (7), (8), (10), (19) or (23) of the Internal Revenue Code, corresponding provision of the California Revenue and Taxation Code or is a public school. A PTA, booster club, or similar organizations (groups) affiliated with a qualified organization shall be eligible to receive a permit if the qualified organization provides a written statement that the group is affiliated with the qualified organization and is authorized by the qualified organization to obtain a retail sales permit.
B.
Every retail sales permittee shall furnish proof of commercial general liability insurance in an amount of not less than two million dollars to include products and complete operations. Such policy shall name the city, its officers and employees as additional insureds, and shall be in a form approved by the city.
C.
Every retail sales permittee shall furnish a copy of a reseller's or temporary reseller's permit issued by the California State Board of Equalization.
D.
Each organization must have its principal and permanent meeting place in the city, and must have been organized and established in the city for a minimum of one year continually preceding the filing of the application for the permit. In addition, such organizations must have a bona fide membership of at least twenty-five members at least forty percent of whom shall reside within the city, or maintain places of business or be employed in the city.
E.
There shall be not more than one fireworks stand per permittee.
F.
The city council declares its intention to issue only a limited number of permits in order to prevent an undue concentration of fireworks stands. The maximum number of permits to be issued shall be set by resolution of the city council.
(Ord. 1132 § 2, 2019)
A.
Upon the receipt of the reports from the fire department for all applications timely received by the city, the city council shall determine which of the applicants meet the qualifications of this chapter.
B.
The city council shall issue permits to applicants determined to be qualified, but the number of retail sales permits issued shall not exceed the number set by resolution of the city council.
C.
Permits will be issued to qualified applicants on a first-come, first-served basis.
D.
Each applicant issued a permit under this chapter shall participate in the city's designated fireworks safety education program as detailed by the city and shall contribute a portion of its sales to such safety education program(s) as determined by the city.
E.
Retail sales permits issued under this chapter are non-transferable and may not be used, sold, assigned, or otherwise transferred to any person or entity not listed on the permit.
(Ord. 1132 § 2, 2019)
A.
No person other than the permittee, its members, or representatives, shall operate the stand for which the permit is issued, or share or otherwise participate in the profits of the operation of such stand. No person under the age of eighteen years may sell fireworks.
B.
No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at such stand.
C.
An adult over the age of twenty-one years must be on the premises and in charge of operation of the stand at all times while fireworks are stored or for sale at the stand.
D.
Holders of permits for the retail sale and distribution of fireworks shall be permitted to purchase from only one wholesaler, licensed by the city, during each calendar year, and shall file written notice of the wholesaler selected with the city manager or designee on or before the second Tuesday in February of each year; provided, however, that in the event the permit of a wholesaler is revoked, the retail sales permittees previously purchasing from such wholesale permittee in such year may make further purchases from a different wholesale permittee.
Retail permittees may sell any leftover supply of permitted fireworks purchased by such retail sales permittee in the prior year from the same or any other then-licensed wholesale permittee.
(Ord. 1132 § 2, 2019)
All retail sales of "safe and sane fireworks" shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is hereby prohibited. Temporary stands shall be subject to the following provisions:
A.
No fireworks stand shall be located within twenty-five feet of any other building, nor within one hundred feet of any place where flammable liquids are dispensed or stored.
B.
Fireworks stands, as temporary structures, shall not be subject to the terms and provisions of the building code; provided, however, that all such stands shall otherwise comply with the Pico Rivera Municipal Code and are constructed in a manner which will reasonably insure the safety of the attendance of patrons.
C.
No stand shall have a floor area in excess of four hundred square feet.
D.
Each stand must have at least two exits, and each stand in excess of forty feet in length must have at least three exits spaced approximately equal distance apart; provided, however, that in no case shall the distance between the exits exceed twenty-four feet.
E.
Each stand shall be equipped with two, two-and-one-half gallon soda-and-acid or equivalent type fire extinguishers, in good working order and easily accessible for use in case of fire.
F.
The stand shall not be delivered to the location earlier than June 20th prior to the date the sale of fireworks can commence pursuant to Section 8.36.040 and 8.36.150. Delivery of the fireworks stand prior to this time will subject the holder of the wholesale permit to a penalty to be established from time to time by resolution of the city council.
(Ord. 1132 § 2, 2019)
A.
A stand shall not be located within five hundred feet of another fireworks stand.
B.
All weeds and combustible material, not including structures, shall be cleared from the location of the stand, including a distance of at least one hundred feet surrounding the stand.
C.
"No Smoking" signs shall be prominently displayed in four-inch letters both inside and outside the fireworks stand.
D.
Each stand must have an adult watchman in attendance and in charge thereof when the stand is not being used for the sale or dispensing of fireworks. Watchmen shall not sleep inside the fireworks stand.
E.
The sale of fireworks for the Fourth of July celebration shall not begin before 12:00 p.m. on June 28th and shall not continue past 12:00 a.m. on July 5th.
F.
All unsold stock and accompanying litter shall be removed from the location by 12:00 p.m. on the second calendar day following expiration of the permit.
G.
The fireworks stand shall be removed from the temporary location no later than the fourteenth day following expiration of the permit, and all accompanying property, materials, and litter shall be cleared from the location by such time and date.
H.
No person or permittee shall sell or transfer any fireworks to a person who is under eighteen years of age. No person selling fireworks shall be under eighteen years of age.
I.
For the Fourth of July celebration, all permits and licenses shall expire at 12:01 a.m. July 5th of each year; except, when the fourth day of July falls on a Sunday, such permits and licenses shall expire at 11:59 p.m. July 4th.
(Ord. 1132 § 2, 2019; Ord. 1147 § 2, 2021)
It is unlawful for any person to sell, provide, or distribute fireworks to a 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 any interest, option or lease, or in any other manner to restrict the location of such fireworks stand.
(Ord. 1132 § 2, 2019)
A.
Misdemeanor or Infraction. Any person in violation of this chapter shall be guilty of a misdemeanor or infraction at the discretion of the city attorney or city prosecutor and punished as prescribed in Chapter 1.20. The person shall also be responsible for all expenses, costs, and fees associated with the safe disposal of all confiscated fireworks.
B.
Administrative Fines and Penalties.
1.
Excluding violations of subsection (B)(2) of this section, any person or entity who is in violation of this chapter shall be subject to an administrative fine or fines in the amounts as follows: one thousand dollars for the first violation; one thousand two hundred fifty dollars for the second viola-tion; and one thousand five hundred dollars for the third or any additional violation of the same provision.
2.
Any person or entity that possesses, uses, stores, sells, or displays for sale less than twenty-five pounds of dangerous fireworks shall be subject to administrative fine or fines in the amounts as follows: one thousand dollars for the first violation; two thousand dollars for the second violation; and three thousand dollars for the third or any additional violation of the same provision. Any person or entity that possesses, uses, stores, sells or displays more than twenty-five pounds of dangerous fireworks is subject to fines and penalties under California Health and Safety Code Sections 12700 et seq.
3.
Any person or entity that allows, permits, aids, or abets, any violation of this chapter by another person, shall be subject to an administrative fine or fines in the amounts as follows: one thousand dollars for the first violation; one thousand two hundred fifty dollars for the second; and one thousand five hundred dollars for the third or any additional violation of the same provision.
4.
Any violation of this chapter may be summarily abated by law enforcement by all reasonable means. A person who has been issued a second administrative citation and/or written notice of violation of this chapter may be liable for response costs incurred in responding to the illegal discharge or illegal storage of fireworks. All such persons shall be jointly and severally liable for response costs incurred in the response and all subsequent responses. If a person is a juvenile, then the parents or guardians of that juvenile and the juvenile will be jointly and severally liable for the response costs incurred pursuant to this chapter. To incur liability for response costs imposed by this chapter, a person need not be present at the event that causes the response giving rise to the imposition of response costs. This chapter therefore imposes vicarious as well as direct liability upon a person.
5.
Administrative fines shall be subject to the procedures established in Chapter 8.16 of this code.
6.
The remedies set forth in this chapter are in addition to all other legal and equitable remedies, administrative, criminal or civil, that may be pursued by the city to address violations of this chapter including, as an alternative to the issuance of an administrative fine pursuant to this section, and in his or her sole discretion, the city attorney may criminally prosecute a violation of this chapter.
(Ord. 1132 § 2, 2019)