Avenal Municipal Code Ch. 7 Fireworks

Sections: 4-7.01 Purpose. 4-7.02 Sale of fireworks. 4-7.03 Discharge of fireworks. 4-7.04 Applicants.

Title 4 PUBLIC SAFETY Avenal, California, Code of Ordinances Page 44 4-7.05 Permits for retail sale of fireworks. 4-7.06 Insurance. 4-7.07 Revocation. 4-7.01 Purpose. The City of Avenal has determined that in order to protect the health, safety and welfare of the citizens within the City and metropolitan area, it is necessary to regulate the sale and discharge of safe and sane fireworks. (Ord. 98-02 § 1 (part), 1998) 4-7.02 Sale of fireworks. (a) It is unlawful for any person to sell, offer for sale, or display for sale any "safe and sane fireworks" as defined with Section 12529 of the California Health and Safety Code (hereinafter referred to as "fireworks"), within the City of Avenal and metropolitan area without first obtaining a permit therefor from the City Manager of the City of Avenal, or designee, as provided herein. (b) Fireworks may be sold within the City of Avenal and metropolitan area only from June 28 to July 4 of any year, unless July 4 falls on a Sunday, in which case the period for the sale of fireworks shall end on July 5. The hours of operation of any fireworks stand shall be limited to 12:00 noon to 11:00 p.m. on June 28 and 9:00 a.m. to 11:00 p.m. daily during the other days identified above except the last day when sales must cease no later than 12:00 midnight. The sale of any fireworks shall be made strictly in accordance with the provisions of this chapter, Article III, Chapter 10 of the Kings County Ordinance Code, and the laws of the State of California. (Ord. 98-02 § 1 (part), 1998) 4-7.03 Discharge of fireworks. It shall be unlawful for any person to fire, set off, discharge, explode, use to, cause to, or permit to be fired, set off, discharged, exploded or used, any fireworks within the City of Avenal and metropolitan area except for that period beginning at 9:00 a.m. on July 1 and ending at 12:00 midnight on July 4 of any year, unless July 4 falls on a Sunday, in which case the period ends at 12:00 midnight on July 5. (Ord. 98-02 § 1 (part), 1998) 4-7.04 Applicants. Applicants for a City of Avenal fireworks permit must satisfy the following requirements: (a) Each applicant must have had its principal place of business and permanent meeting place within the City of Avenal for a period of at least one year prior to the date of application for a permit; and (b) Each applicant shall provide any and all documentation that the City Manager, or designee, may request in order to establish that all requirements of this section have been satisfied. (Ord. 98-02 § 1 (part), 1998)

Title 4 PUBLIC SAFETY Avenal, California, Code of Ordinances Page 45 4-7.05 Permits for retail sale of fireworks. All applications for a fireworks permit shall comply with the provisions of Section 12500 et. seq. of the California Health and Safety Code, Subchapter 6, Article V, of Title 19 of the California Administration Code, and any and all rules and regulations established by the State of California, the County of Kings, and the City of Avenal. In addition, each applicant shall be governed by the following: (a) An application for a fireworks permit shall be filed with the City Manager, or designee, on or before June 1 of each year, along with payment of a nonrefundable permit fee established by resolution of the City Council, fireworks permits are not transferable. (b) The City Manager, or designee, shall issue permits. Permits denied for failure to comply with Sections 4-7.04, 4-7.05 or 4-7.06 may be appealed to the City Manager or designee, and thereafter to the City Council. (c) No fireworks permit will be granted to an applicant if the following items are not properly and completely prepared and presented to the City Manager, or designee, on or before June 1 of the calendar year during which the fireworks will be sold: (1) State Fire Marshall's license; (2) Temporary seller's permit from the State Board of Equalization; (3) Property owner's permission form (original) signed and currently dated; (4) Storage of safe and sane fireworks form; (5) Address of property where stand will be located; (6) Certificate of insurance as required by the City of Avenal; and (7) County of Kings fireworks permit obtained in accordance with Chapter 10, Article III, of the Kings County Ordinance Code. The City Manager, or designee, may extend the June 1 filing date if the City Manager, or designee, determines in his or her sole discretion, that an applicant has attempted in good faith and with due diligence to satisfy all of the requirements in subsections (a) and (c) of this section and that as a result of action or inaction on the part of other persons or entities, which are beyond the applicant's control, the applicant has been unable to satisfy the requirements of subsections (a) and (c) within the required time periods. (d) No change of stand locations will be permitted without the prior approval of the City Manager, or designee, (e) All fireworks stands must be removed on or before 12:00 midnight July 5 of each respective year, unless July 4 falls on a Sunday, in which case the period for the stand removal ends at 12:00 midnight on July 6, provided, however, that all unsold fireworks stock and accompanying litter shall be removed from the stand on or before 5:00 p:m. on the last day. (f) No person shall sell, or offer for sale, any fireworks within a distance of one hundred (100′) feet of any pump or dispensing device of any flammable liquids. (g) No fireworks stand shall be located within thirty (30′) feet of any adjacent buildings, burnable materials, grass, paper, or like flammable materials. (h) No fireworks stand shall be located closer than ten (10′) feet from any public roadway or back of curb, or in any location which does not otherwise meet the approval of the City Manager, or designee, (i) No sale of display of fireworks will be allowed inside any permanent building. (j) Each fireworks stand shall have minimum of two (2) exits which shall be located and provided on opposite sides. Each shall be at least thirty-two (32″) inches wide. Fireworks stands with only three (3) sides and open from the back will not require exits.

Title 4 PUBLIC SAFETY Avenal, California, Code of Ordinances Page 46 (k) If stands are operated at night, only electric lights may be used. (l) "No Smoking" signs shall be located on all sides of the stand. Each sign all have the words "No Smoking" in red letters, not less than two (2″) inches in height, with a minimum one and one-half (1-½) inch stroke on a white background. (m) One approved two and one-half (2-½) gallon pressurized, water-type fire extinguisher and/or one five (5) pound multi-purpose ABC fire extinguisher or garden hose fully charged with shut- off nozzle attached, shall be provided in the stand's sale area. There shall be no exceptions to this requirement. The fire extinguisher must be in operating condition, with an up-to-date inspection tag indicating that the fire extinguisher has be serviced within the past year. (n) Fireworks signs shall not create a traffic hazard and must be approved by the City Manager, or designee. (o) All permittees shall instruct all employees and persons who handle fireworks in any capacity, of the hazards of fireworks and with these rules and safety precautions governing fireworks. (p) All persons selling fireworks shall be trained in emergency procedures, including the use of fire extinguishers. (q) Persons employed for the sale of fireworks shall be at least eighteen (18) years of age. Proof must be shown at any time when requested by the City Manager, or designee. (r) No person under sixteen (16) years of age shall purchase fireworks. (s) No sleeping inside the fireworks stand will be permitted at any time. (t) The stand and surrounding area shall be maintained in a clean, neat and orderly condition at all times and be free from any condition that would create a "fire nuisance." (u) No person shall use or handle fireworks while under the influence of intoxicating liquids or narcotics. Alcohol and narcotics are prohibited within the fireworks stands. (v) Smoking shall be prohibited where fireworks are stored or handled. (w) No person, other than a member of the organization or a volunteer who is associated with the organization having a permit, shall be permitted to sell or to otherwise participate in the sale of fireworks. (x) No permit issued or authorized shall be transferable or assignable. (y) No person shall light, or cause to be lighted, any fireworks or other combustible article within any stand or within two hundred (200′) feet thereof. (z) The applicant's state license, County fireworks permit, City fireworks permit, and temporary sales permit issued by the State Board of Equalization shall be displayed in a prominent place in the fireworks stand. (Ord. 98-02 § 1 (part), 1998) 4-7.06 Insurance. Prior to the issuance of a permit, the eligible organization shall procure a certificate of insurance acceptable to the City of Avenal. The certificate shall name the City of Avenal, its officers, agents and employees as additional insureds in an amount of not less than one million dollars ($1,000,000.00) combined bodily injury and property damage for each occurrence. The certificate must specify the time, location and dates to be covered by the policy. (Ord. 98-02 § 1 (part), 1998)

Title 4 PUBLIC SAFETY Avenal, California, Code of Ordinances Page 47 4-7.07 Revocation. Any violation of these provisions, or any other City ordinance, or the terms and conditions of the permit, of state law or administrative regulations, or safety rules of the City Manager, or designee, shall be grounds for immediate revocation of the permit. Any such violation shall be determined in the sole discretion of the City manager, or designee. The decision of the City Manager, or designee, with regards to revocation may be appealed to the City Council. (Ord. 98-02 § 1 (part), 1998)