Note: Prior history: Prior code §§ 3105—3106
as amended by Ords. 692, 742, 904, 926, 981, 1023, 1024, 1044 and
1045.
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)
The following words and phrases whenever used in this chapter
shall be construed as defined in this section.
mean the fireworks listed and defined in California Health
and Safety Code Sections 12505 and 12561 and the relevant sections
of Title 19 of the California Code of Regulations, as the same may
be amended from time to time.
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.
means the laws and regulations set forth under the California
Health and Safety Code Sections 12500 et seq. and relevant sections
of Title 19 of the California Code of Regulations, as the same may
be amended from time to time.
(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)
