Azusa Municipal Code Div. 1 Generally

The provisions of this article are intended to regulate the sale and use of safe and sane fireworks and the prevention of fires and personal injury thereby. They are, furthermore, provided to ensure a community benefit from the revenues received. The fees required by this article are for regulation purposes.

(Ord. No. 06-01, § 1, 1-3-06)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Safe and sane means only those that have been classified and registered as safe and sane by the state law (California Health and Safety Code Section 12500 et seq.) and the state fire marshal.

(Ord. No. 06-01, § 1, 1-3-06)

(a) Except as provided in this article, the sale, offering for sale or the discharge within the city of fireworks of any kind, nature or description, including those devices defined as fireworks in California Health and Safety Code Section 12511, is prohibited.

(b) Any property owner or person in control of property who allows a person to sell, use, discharge or possess fireworks that are not safe and sane on the property owned by such person, or under such person's control, shall be in violation of this section, irrespective of such person's intent, knowledge or negligence, said violation hereby being expressly declared a strict liability offense.

(Ord. No. 06-01, § 1, 1-3-06)

(a) Except as otherwise provided in this article, annually on July 4 beginning at noon and ending at midnight, safe and sane fireworks may be discharged only in residential zones within the city.

(b) Safe and sane fireworks shall not be discharged at any other time nor in any other zone or area other than provided in this section. Except as provided in section 30-104, no fireworks, including safe and sane fireworks, may be discharged in any park, commercial parking lot or the public sidewalks, alleys and/or street rights-of-way immediately adjacent to such park or commercial parking lot in the city.

(c) Regardless of the zone in which a fireworks sales stand is located, safe and sane fireworks shall not be discharged within 100 yards of any fireworks stand.

(d) No fireworks, including safe and sane fireworks, may be discharged on any property located north of the centerline of Sierra Madre Avenue.

(Ord. No. 06-01, § 1, 1-3-06)

Fireworks may be discharged at any celebration of a public or semipublic nature if a permit authorizing the discharge of fireworks is obtained in advance of the celebration from the city council. Any such permit may be issued subject to such conditions as may be necessary for the protection of the public peace or safety.

(Ord. No. 06-01, § 1, 1-3-06)

All temporary stands for the retail sale of safe and sane fireworks shall be constructed, maintained, operated and removed in the manner and subject to the following conditions:

(1) Temporary fireworks stands shall be constructed entirely out of metal or synthetic materials of demonstrated low flammability and shall have metal flooring attached. Temporary fireworks stands need not comply with the provisions of the city building code; provided, however, that all stands shall be erected under the supervision of the building official and shall be constructed in a manner that will reasonably ensure the safety of attendants and patrons.

Notwithstanding the requirement for the construction of metal or synthetic material fireworks stands, fireworks wholesalers and/or fireworks stand providers shall be provided with a grace period for compliance with this section. At least 30 percent of all fireworks stands provided by a wholesaler/provider shall be in compliance with this section in 2006. At least 60 percent of all fireworks stands provided by a wholesaler/provider shall be in compliance with this section in 2007. All fireworks stands provided by a wholesaler/provider shall be in compliance with this section in 2008 and thereafter.

(2) 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.

(3) No person other than the individuals who are members of the permittee organization or the spouses or adult children of such members shall sell or otherwise participate in the sale of fireworks at such stand.

(4) No person shall be paid or receive any other consideration for selling or otherwise participating in the sale of fireworks at such stand.

(5) No person shall be allowed in the interior of the stands, except those directly engaged in the sale of fireworks.

(6) There shall be at least one adult supervisor on duty on a 24-hour basis during the time the permit authorizes the sale of fireworks, regardless of whether the fireworks stand is open for business or not. No person under 18 years of age shall be allowed inside the stand at any time.

(7) No smoking signs shall be prominently displayed both inside and outside the stand. No smoking shall be permitted within the stand or within five feet of the stand.

(8) All weeds and combustible material shall be cleared from the site on which the stand is erected. No rubbish shall be allowed to accumulate in or around any fireworks stand nor shall a fire nuisance be permitted to exist.

(9) No stand shall be erected before June 15 of any year. The stand shall be removed from the premises on which it is erected and the premises shall be cleared of all structures and debris not later than 5:00 p.m. of July 7.

(10) All stands shall be equipped with at least one fire extinguisher for each exit in the stand. The fire extinguisher shall be approved as to efficiency and safety by the fire department.

(11) Each stand in excess of 20 feet in length shall have at least two exits; provided, however, in no case shall the distance between exits exceed 20 feet, and the total length of any fireworks stand shall not exceed 40 feet.

(12) No stand shall be constructed with a depth of more than 12 feet.

(13) No stand shall be placed closer than 20 feet from any permanent building, 100 feet from any gasoline pump, or 300 feet from another fireworks stand.

(14) With each sale of fireworks, the person selling the fireworks shall personally hand to the customer a warning sheet describing the sections of this article regarding the dates and locations within the city where fireworks may be discharged. The warning sheet shall be prepared by the police department and shall describe the sections of this article and shall include a map showing the various areas within the city where fireworks may be discharged. The business licensing section of the economic and community development department shall ensure that the sheet is distributed with all permit packages. The police department shall distribute to each permittee on or before June 15 of each year the warning sheet to be used by the fireworks stand operators. Each permittee operating a stand shall be responsible for reproducing the warning sheet and distributing it to each customer of the stand. It shall be unlawful for the permittee of any stand or any person working at the stand to sell fireworks to any person without personally distributing the warning sheet to each customer. The failure of any person purchasing fireworks to receive the warning sheet shall not excuse his failure to comply with the sections of this article relating to the discharge of safe and sane fireworks.

(15) No fireworks stand shall be permitted to operate north of an easterly or westerly prolongation of Ninth Street to the city limits.

(16) No fireworks stand shall be located on any vacant or unimproved parcel of land.

(17) The placement of any temporary portable signs or other advertising media within any public right-of-way shall be prohibited.

(18) 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 stand location in which the provider has any interest, option or lease, or in any other manner to restrict the location of such stand.

(19) Sales of safe and sane fireworks to persons under 18 years of age are prohibited.

(20) No person shall discharge safe and sane fireworks on the property of another without their consent.

(21) Nothing in this article shall prohibit the owner of any multi-family dwelling from prohibiting the discharge of safe and sane fireworks on their property as a condition of a rental agreement.

(22) Nothing in this article shall prohibit the governing board of any common interest development from adopting rules and regulations governing the discharge of safe and sane fireworks within the boundaries of a common interest development.

(23) The permit holder for each fireworks sales stand shall cause a sign to be posted on each side of the stand declaring that the sale and discharge of non-safe and sane fireworks is prohibited and that violation of the city's fireworks regulations will result in criminal citations and/or civil fines of $250.00 to $1,000.00 per violation.

(Ord. No. 06-01, § 1, 1-3-06; Ord. No. 13-02, § 2, 10-7-13)

Any person who discharges, sells, or operates a stand in violation of this article is subject to criminal citations and administrative fines and penalties as set forth in Division 2 of this article as described hereinbelow.

(Ord. No. 06-01, § 1, 1-3-06)