Subject to the provisions of the State Fireworks Law (Health and Safety Code Sections 12500—12801) and the provisions of this chapter, "safe and sane fireworks," as defined in Health and Safety Code 12529, may be sold and discharged within the city during the period beginning at twelve noon on the twenty-eighth day of June and ending at twelve noon on the sixth day of July each year.
(prior code § 10-2.201; Ord. 2003-10 § 1)
No person shall sell fireworks within the city without first having applied for and received a permit therefor in compliance with the terms of this chapter except that fireworks may be sold at wholesale to the holder of such permit.
(Prior code § 10-2.203)
A. 
No permit shall be issued under the terms of this chapter except to nonprofit youth organizations or corporations organized and existing primarily for charitable, religious, patriotic, veteran, welfare or civic betterment purposes, and only an organization which has its principal and permanent meeting place in the city, and has been organized and established in the city for at least two years prior to the date of the application therefor, shall be eligible for such a permit. Any such organization must have a bona fide membership of at least twenty (20) members.
B. 
The maximum number of permits which may be issued pursuant to this chapter during any calendar year shall not exceed one permit for each four thousand five hundred (4,500) or fraction thereof, population of the city. In the event there are more applicants than permits allowed, the successful applicants will be chosen based upon the following standards and criteria:
1. 
First priority will be given to local, nonprofit organizations which provide youth-oriented recreational activities.
2. 
Second priority will be given to local, nonprofit organizations, which provide for civic or cultural betterment or public services and activities.
3. 
In cases of multiple applicants at similar priority levels, priority will be based on the relative number of persons served by the applicant's activities.
4. 
In cases where the relative number of persons served appears equal or relatively equal priority will be given to existing permit holders.
5. 
The city manager shall have discretion to determine the issuance of permits in accordance with this chapter.
(prior code § 10-2.204; Ord. 93-06 (part); Ord. 94-12)
Each applicant for such a permit shall file a written application with the city clerk showing the following information:
A. 
Name and address of applicant;
B. 
Facts establishing the applicant's status as a qualified organization to receive a permit under the provisions of this chapter;
C. 
Names and addresses of the officers of the applicant; and
D. 
Location where the applicant proposes to sell fireworks.
Applications shall be made on or prior to January 31st of each year.
(prior code § 10-2.205; Ord.93-06 (part))
All retail sales of safe and sane fireworks shall be permitted only from within a temporary stand. Sale from any other building or structure is prohibited. Temporary stands shall be subject to the following provisions:
A. 
No stand shall be located within twenty-five (25) feet of any other building nor within fifty (50) feet of any flammable storage.
B. 
No stand shall have a floor area in excess of seven hundred fifty (750) square feet. Stands must be constructed in a manner which will be safe for attendants and patrons. Stands with excess of twenty (20) feet in length must have two exits, and stands larger must have an exit twenty (20) feet between.
C. 
Each stand shall have two two and one-half gallon fire extinguishers, in good working order and accessible for use at all times in case of fire.
D. 
All weeds and combustible material shall be cleared from the location of the stand for a distance of at least twenty (20) feet.
E. 
Legal "NO SMOKING" signs shall be posted on the stands.
F. 
Each stand must have an adult watchman in attendance and in charge thereof when the stand is being used for the sale or dispensing of fireworks.
G. 
All unsold stock and litter shall be removed from the stand and city by twelve noon, July 6th of each year.
(Prior code § 10-2.206)
Upon receipt of a written application for a permit pursuant to this chapter the fire chief or a fire prevention officer shall make an investigation and submit to the city council a report upon any potential fire hazard that would be created. The council shall have the power to grant or deny the application. Any permit granted by the council may be subject to such reasonable conditions and restrictions as may be imposed by the council.
(Prior code § 10-2.207)
Each applicant for a permit shall have filed with the city clerk prior to the issuance of any permit, an endorsement of an insurance policy or other satisfactory evidence of comprehensive liability insurance of at least one million dollars ($1,000,000.00) and/or such other insurance coverage as from time to time may be the policy of the city.
(prior code § 10-2.208; Ord. 93-06 (part))
Only one permit shall be issued to any applicant, except if after the final day of issuance, an applicant may get a second permit for another stand if the maximum number of stands are not already in the city as stated in Section 8.24.040(B). This permit shall be valid only for the location for which it is issued, and shall be valid only within the calendar year in which issued. No permit shall be transferable, assignable or renewable. Each permit authorizes only the sale of safe and sane fireworks by the applicant at the location or premises designated in the permit.
(Prior code § 10-2.209)
It shall be the duty of every holder of a permit issued pursuant to this chapter to comply with all the provisions of the State Fireworks Law and the rules and regulations of the state Fire Marshal and the conditions imposed by this chapter and by any conditions in the permit issued by the council. For safe storage, fireworks shall be stored in a place and in a manner approved by the fire chief of the city. Violations of any such provisions shall constitute sufficient cause to deny any subsequent application for permit.
(Prior code § 10-2.210)
The fee for each permit issued under the provisions of this code shall be as established by resolution of the city council and payable prior to issuance of the permit.
(prior code § 10-2.211; Ord. 93-06 (part))
Wholesalers must get a permit to deliver in the city. No deliveries may be made prior to June 1st and no deliveries shall be made after July 5th of each year. (Editorially amended during 2003 codification; prior code § 10-2.212)
Except as otherwise provided in this chapter, no person shall possess, sell, use, display or explode any rocket, firecracker, roman candle, squib, torpedo, torpedo cane, fire balloon, wire core sparkler, wooden core sparkler, black cartridge or other combustible device or explosive substance, or any kind of fireworks, by whatsoever name known, within the city. The prohibition set forth in this section includes, without limitation, those fireworks classified as "dangerous fireworks" in the State Fireworks Law (Health and Safety Code Section 12500 et seq.).
(Ord. 2022-04 § 2)
Public displays of fireworks other than "safe and sane fireworks," as defined in Health and Safety Code Section 12529, may be allowed with a written permit issued by the fire chief or his or her designee so long as such display takes place under the supervision and direction of a licensed pyrotechnic operator licensed in the state of California.
(Ord. 2022-04 § 3)
A. 
The term "host" in this section shall mean any of the following:
1. 
An owner of any private residential or non-residential real property in the city; or
2. 
Any person who has the right to use, possess, or occupy public or private property under a lease, permit, license, rental agreement, or contract; or
3. 
Any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on public or private property.
B. 
The term "strictly liable" in this section shall mean liability for a wrongful act regardless of a person's intent, knowledge, negligence, or lack thereof in committing the wrongful act.
C. 
Any host shall be strictly liable for any unlawful ignition, explosion, discharge, use, or display of any fireworks other than "safe and sane fireworks," as defined in Health and Safety Code Section 12529, on their property or at their gathering, except that no person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract shall be liable for a violation of Sections 8.24.130 through 8.24.150 occurring in the common area of the property unless the person hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering at which the violation occurs.
D. 
Any person having the care, custody, or control of a minor shall be strictly liable for any unlawful ignition, explosion, discharge, use, or display of fireworks by the minor in violation of Sections 8.24.130 through 8.24.150.
E. 
Except as provided in subsection F of this section, no host shall permit or allow another person on private property, or at a gathering on public property, where the host knows or reasonably should know that the person is engaged in a violation of Sections 8.24.130 through 8.24.150.
F. 
The provisions of this section shall not apply to:
1. 
Conduct involving display, use, or discharge of fireworks as permitted under federal or state law.
2. 
A host who initiates contact with law enforcement or fire officials to assist in removing any person from the property or gathering in order to comply with Sections 8.24.130 through 8.24.150, if the request for assistance is made before any other person contacts law enforcement or fire officials to complain about the violation of Sections 8.24.130 through 8.24.150.
G. 
Enforcement actions under Sections 8.24.130 through 8.24.150 shall include the issuance of an administrative citation and actions authorized under the State Fireworks Law. Enforcement of Sections 8.24.130 through 8.24.150 is granted to police officers, community services officers, firefighters, and code enforcement officers of the city of Winters. The city's procedures on imposition of administrative citations and fines as contained in Chapter 19.10 shall govern the imposition, enforcement, collection, and review of administrative citations and fines issued to enforce Sections 8.24.130 through 8.24.150. A violation of Sections 8.24.130 through 8.24.150 shall be punishable by a fine of one thousand dollars ($1,000.00) per violation.
(Ord. 2022-04 § 4)