Section 324.2.3.1 Qualifications. No permit to sell safe & sane fireworks shall be issued except as follows: |
1. | To a holder of a regular business license whose principal place of business is located within the City. |
2. | To a nonprofit association or corporation primarily for veteran, patriotic, welfare, civic betterment, charitable youth purposes, and each such organization must have its principal and permanent meeting place within the City and must have been organized and established in the City for a minimum of one year continuously preceding the filing of the application for permit and must have a bona fide membership of at least 20 members. |
3. | Applicants returning from the previous year may have first priority in the application process. |
Section 324.2.3.2 Notification. Applicants for any such permit shall be notified by the Fire Chief, or the Fire Chief's designee, as to the granting or rejection of application for permit on or prior to the first Monday in May of each calendar year. |
Section 324.3 Operators of Safe & Sane Fireworks Stands. Operators of safe & sane fireworks stands shall be subject to the following provisions: |
1. | No person other than the permittee organization shall operate the stand for which the permit is issued, or share or otherwise participate in the profits of the operation of such stand. |
2. | No person other than the individuals, who are members of the permittee organization, or the wives or husbands or adult children of such members, shall sell or otherwise participate in the sale of safe & sane fireworks at such stand. |
Section 324.4 Temporary Safe & Sane Fireworks Stands. Temporary safe & sane fireworks stands shall be subject to the following provisions: |
1. | No safe & sane fireworks stand shall be located within 75 feet of any existing building or within 100 feet of any gas station. |
2. | Safe & sane fireworks stands need not comply with the provisions of the building code of the City, provided, however, that all stands be erected under the supervision of the building inspector who shall require that stands be constructed in a manner which will reasonably insure the safety of attendants and patrons. |
3. | No stand shall have a floor area in excess of 200 square feet. |
4. | Each stand in excess of 20 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 approximately equidistant apart, provided, however, that in no case shall the distance between exits exceed 24 feet. |
Section 324.5 General Requirements for Permittees. Permittees shall meet the following general requirements: |
1. | Each stand shall be provided with two water-type fire extinguishers, each having a two and one-half gallon capacity, being in good working order and easily accessible for use in case of fire. |
2. | All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least 20 feet surrounding the stand. |
3. | "No Smoking" signs shall be prominently displayed on the safe & sane fireworks stand or wherever safe & sane fireworks are for sale. |
4. | Each stand must have an adult in attendance and in charge thereof when the stand is being used for the sale or dispensing of safe & sane fireworks. |
5. | The storage location of the safe and sane fireworks must be disclosed to city staff and the Oroville Fire Department during the permit process by submitting a written notification via letter to the Fire Department or by email. |
6. | The sale of safe & sane fireworks shall not begin before 12:00 noon on the 28th day of June and shall not continue after 12:00 midnight on the 4th day of July. |
7. | The use of safe & sane fireworks shall be limited to the day: |
| a. | June 28 to Noon on July 5; |
| b. | Veterans day; and |
| c. | New Years Eve and New Years day. |
Any use of safe & sane fireworks outside of these holidays would require a special use permit. |
8. | The use of safe & sane fireworks shall be temporarily prohibited if any of the following conditions exist: |
| a. | Red Flag Warning: |
| | i. | A Red Flag Warning or a Fire Danger Warnings, as issued by the National Weather Service (NWS) indicating conditions that support extreme fire danger, including excessively hot temperatures, low humidity, high winds, or other factors that significantly increase the risk of fire in the region. This includes but is not limited to the following: |
| | | • | Air temperature exceeding certain thresholds (as defined by local or state guidelines). |
| | | • | Wind speeds of 20 mph or greater, with gusts exceeding 30 mph. |
| | | • | Relative humidity levels 15% or lower. |
| | ii. | Other similar conditions that could create a substantial fire hazard. |
| b. | Public safety resources strained by emergencies: |
| | i. | The prohibition will also be enacted when public safety resources, including fire, police, and emergency medical personnel, are significantly strained due to ongoing or emerging emergencies. This includes, but is not limited to: |
| | | • | A declared local, regional, or State emergency that draws resources away from routine public safety duties. |
| | | • | Fires, natural disasters, or other large-scale emergencies within the City of Oroville, Butte County, surrounding counties, or in the state of California, which impact the availability of emergency response crews and resources. |
| | | • | A situation where personnel and equipment are at risk of being depleted due to high demand in the face of simultaneous emergencies, such as multiple fires or other large-scale crises. |
| | ii. | When the conditions outlined are believed to exist, the City Administrator, Fire and Police Chiefs shall meet to affirm. If conditions are affirmed, notice will go out to the community and all vendors. The temporary prohibition shall remain in effect until conditions improve, and public safety risks are reduced to an acceptable level. |
9. | Penalties associated with violations of this and the Health and Safety Code, are outlined in Section 12700 of said code. |
10. | In addition to any criminal proceedings, each person who is found to be in possession of, use, store or intent to sell illegal fireworks, shall be subject to civil penalties including administrative fines. Said fines issued shall be due and payable in accordance to Chapter 2.28 of the Oroville Municipal Code. Payment of the fines shall not excuse the citee from the duty to immediately correct the violation of the code. |
| Administrative fines |
| a. | First offense: $1,000 per device. |
| b. | Second offense: $2,000 per device. |
| c. | Third offense: $4,000 per device. |
| ** | Additional offenses shall result in a fine double of the fine of which they have previously been assessed. |
11. | All unsold stock and accompanying litter shall be removed from the City by 12:00 noon on the 10th of July. Proof of removal must be furnished to the City's Fire Department. |
12. | The safe & sane fireworks stand shall be removed from the temporary location by 12:00 noon on the 10th day of July, and all accompanying litter shall be cleared from such location by such time and date. |
Section 324.6 Number of Permits. The maximum number of permits issued pursuant to this chapter during any one calendar year shall not exceed one license for each 1,500 residents of the City, unless otherwise prescribed by resolution of the Council. In determining the City population for the purposes of this section, the most recent census calculations shall be used. |
Section 324.7 Seizure. The Fire Chief, the Fire Chiefs designee or any law enforcement officer shall seize, remove, or cause to be removed at the expense of the owner all stocks of illegal fireworks offered or exposed for sale, stored, discharged or held in violation of this Code. |