Anaheim Municipal Code Ch. 6.41 Public Displays of Fireworks and Open Flame Devices

Sections:

Cross-reference: For fireworks, see Chapter 6.40

As used in this chapter, the following words, terms and phrases shall have the following ascribed meanings:

.010 "Exempt fireworks" shall mean as defined in Section 12508 of the Health and Safety Code of the State of California, or any successor provision thereto.

.020 "Fire Chief" shall mean the Fire Chief of the City of Anaheim, or his or her duly authorized deputy or other designee.

.030 "Fireworks" shall mean and include any dangerous fireworks, exempt fireworks, pyrotechnic devices, safe and sane fireworks or special effects as defined in Sections 12505, 12508, 12511, 12526, 12529 and 12532 of the Health and Safety Code of the State of California, or any successor provisions thereto.

.040 "Open flame device" shall mean any device which either burns independently of oxygen or emits or produces an open flame fueled by flammable or combustible gases or liquids, and which device is used for theatrical performances, special effects or entertainment purposes.

.050 "Permit" shall mean the permit required pursuant to either Chapter 6.40 or Chapter 6.41 of this Code.

.060 "Person" shall mean an individual, partnership, corporation, joint venture or other entity of any nature.

.070 "Promoter" shall mean the person who agrees to provide, or is responsible for providing, any event, performance or entertainment that includes or involves the public display of fireworks or use of any open flamedevice. The "promoter" may also be a performer or a performer's manager, agent, or other representative.

.080 "Public display of fireworks" shall mean a public or private event where persons are admitted or permitted to view an entertainment feature involving the display or discharge of "fireworks" as defined in this chapter.

.090 "Pyrotechnic operator" shall mean the person who supervises, directs or is responsible for performing the ignition, discharge, or display of any fireworks or the use of any open flame device. The"pyrotechnic operator" may also be a promoter or a performer.

.100 "Special effects" shall mean as defined in Section 12532 of the Health and Safety Code of the State of California, or any successor provision thereto.

.110 "Venue operator" shall mean any person owning, leasing, renting, managing, operating, or otherwise having legal control of the use of any real property, building, lot, site, or other venue in the City of Anaheim. (Ord. 5853 § 1(part); March 25, 2003.)

No person shall manufacture, possess, sell, offer for sale, store, display, dispose of, give away, keep, stock, discharge, explode, fire, ignite, or set off any exempt fireworks within the City of Anaheim without a permit issued by the Fire Chief. (Ord. 5853 § 1(part); March 25, 2003.)

No person shall manufacture, possess, sell, offer for sale, store, display, dispose of, give away, keep, stock, discharge, explode, fire, ignite or set off any special effects within the City of Anaheim without a permit issued by the Fire Chief. (Ord. 5853 § 1(part); March 25, 2003.)

No person shall discharge, explode, fire, ignite, set off or otherwise use any open flame device within the City of Anaheim without a permit issued by the Fire Chief. (Ord. 5853 § 1(part); March 25, 2003.)

Notwithstanding any other provisions of this Code, the Fire Chief of the City of Anaheim may grant permits for public displays of exempt fireworks, safe and sane fireworks, special effects, or use of any open flame device(s), if the Fire Chief determines that all requirements of the law are or will be complied with by the applicant and that granting any such permit will not be detrimental to the public peace, health or safety; otherwise said application shall be denied. Applications for such permits shall be filed with the Fire Chief not less than ten days before the proposed public display, and shall be accompanied by a detailed statement of the items of the proposed display. If the permit is granted, no items shall be displayed except as are contained in the statement. In granting the permit, the Fire Chief may eliminate from the statement such items as he or she deems hazardous, or impose conditions upon such permit as the Fire Chief shall deem reasonably necessary to protect the public peace, health and safety. It shall be unlawful for the grantee of the permit to exhibit or display the eliminated items or to conduct such display in violation of any conditions so imposed. The public display shall be under the supervision of the Fire Chief and such persons as he or she shall designate and authorize. Pursuant to the Fire Chief's recommendation, the City Council shall, by resolution, establish a fee to be charged for the permit. A separate permit will be required for each display. The display shall be at the place and time designated in the permit. Such permit shall include the right to possess and transport said fireworks or open flame device(s) for the purpose of conducting such public display. (Ord. 5853 § 1(part); March 25, 2003.)

If the Fire Chief denies the application, then the applicant may take an appeal from such action by filing a written notice of appeal with the City Council. Such written notice shall be filed with the City Clerk within ten days of the date of the action of the Fire Chief, and shall set forth the reasons for appeal from the action of the Fire Chief. Upon receipt of a notice of appeal, a hearing shall be set before the City Council not less than ten days nor more than thirty days from the date of the filing of the appeal. Upon such hearing, the Council may deny the application or grant the application upon such conditions as the Council shall deem proper. (Ord. 5853 § 1(part); March 25, 2003.)

.010 It shall be unlawful for any venue operator to engage in, authorize, permit or otherwise allow any person to perform any public display of fireworks or use any open flame device on any real property, building, lot, site, or other venue in the City of Anaheim owned, leased, rented, managed, operated, or otherwise under the legal control of such venue operator, except pursuant to a written agreement between such venue operator and the promoter of such event or performance, and unless all of the following requirements are satisfied:

.0101 Said agreement shall expressly contain a requirement that the promoter shall be responsible for obtaining a permit from the City of Anaheim prior to any such public display of fireworks or use of any open flame device. Said agreement shall further expressly require that a copy of said permit shall be provided to the venue operator by the promoter not less than 24 hours prior to any such public display of fireworks or use of any open flame device.

.0102 A copy of said agreement, or notice that such an agreement has been entered into, shall be delivered by the venue operator to the Office of the Fire Chief by any means of transmission that results in such agreement or notice being received in the Office of the Fire Chief not later than ten calendar days prior to the date such public display of fireworks or use of any open flame device is scheduled to occur. The agreement or notice so transmitted shall contain, at a minimum, the following information: (i) the name, address and telephone number of the venue operator; (ii) the name, address and telephone number of the promoter responsible for the event or performance; (iii) the name, address and telephone number of the performer and, if different, the pyrotechnic operator authorized by the agreement to perform such public display of fireworks or use any open flame device; (iv) the name and address of the real property, building, lot, site, or venue where such public display of fireworks or use of any open flame device will occur; (v) the time(s) and date(s) of such event(s) or performance(s); and (vi) a description of the proposed public display of fireworks or use of any open flame device(s).

.0103 The venue operator shall not permit or allow any public display of fireworks or use of any open flame device upon any real property, building, lot, site, or venue under such venue operator's control without having been provided, and retaining in such venue operator's possession at the venue of such performance, a copy of the permit approved and issued by the City of Anaheim authorizing said public display.

.020 It shall be unlawful for any promoter to undertake, authorize, allow, direct or perform any public display of fireworks or use of any open flame device within the City of Anaheim, other than upon or within any real property, building, lot, site, or venue owned, leased, rented, managed, operated, or the use of which is otherwise under the legal control of such promoter, except pursuant to a written agreement with the venue operator, and unless all of the following requirements are satisfied:

.0201 Said agreement shall expressly contain a requirement that the promoter shall be responsible for obtaining a permit from the City of Anaheim prior to the performance of any public display of fireworks or use of any open flame device. Said agreement shall further expressly require that a copy of said permit shall be provided to the venue operator by the promoter not less than 24 hours prior to such public display .

.0202 The promoter shall make application for a permit to the Office of the Fire Chief not later than ten calendar days prior to the date such public display is scheduled to occur. In the event the promoter uses the services of a separate pyrotechnic operator to perform such public display of fireworks or use of open flame device(s), the name, address, and telephone number of the pyrotechnic operator shall be included on the application.

.0203 It shall be unlawful for any promoter to undertake, authorize, allow, direct or perform, or for any pyrotechnic operator to perform, any public display of fireworks or use of any open flame device in the City of Anaheim, except pursuant to a permit issued by the City of Anaheim pursuant to either Chapter 6.40 or 6.41 of this Code, and in strict conformance with any and all terms, conditions and limitations contained therein and any and all orders, instructions or requirements of the Fire Chief.

.030 It shall be unlawful for any venue operator, promoter or pyrotechnic operator to represent to any other person that any event, performance or display constituting a public display of fireworks or use of open flame device(s) may lawfully be conducted in the City of Anaheim without the approval of the City of Anaheim, or without the permit required by either Chapter 6.40 or 6.41 of this Code. (Ord. 5853 § 1(part); March 25, 2003.)

In addition to any other persons authorized by law, the Fire Chief, all Chief Officers, Fire Captains, members of the Fire Prevention Bureau, and arson investigators shall be authorized to enforce the provisions of this chapter. In connection with such enforcement, they are authorized to enter, free of charge, at any reasonable time, any place of business, or to approach any person apparently conducting or employed in the operation of a business, to verify compliance with the provisions of this chapter and with the California Fire Code, as adopted pursuant to Chapter 16.08 of this Code, and any other Anaheim Municipal Code provisions related to fireworks enforcement. Such persons are hereby authorized to issue citations to persons violating any of the provisions of this chapter to appear in the Court of the North Orange County Judicial District at a time fixed in the citation, not less than five days from the date of issuance of the citation unless a shorter period of time is requested by the person(s) to whom the citation is given, and such citation shall be deemed to be a complaint charging violations of this Chapter. (Ord. 5853 § 1(part); March 25, 2003.)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or void, such decision shall not affect the validity of the remaining portions of this chapter. The City Council of the City of Anaheim hereby declares that it would have adopted and passed this chapter and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or void. (Ord. 5853 § 1(part); March 25, 2003.)

Any person who violates any of the provisions of this chapter is guilty of misdemeanor and each such violation shall be punishable as set forth in Section 1.01.370 of this Code. (Ord. 5853 § 1(part); March 25, 2003.)