Chapter 93 — FIRE PREVENTION; FIREWORKS

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

APPLICANT. The qualified organization (as defined below) or the qualified organizations, if a joint application is filed, upon whose behalf an application for a permit (as defined below) is filed.

DANGEROUS FIREWORKS. Shall be defined as set forth in Cal. Health & Safety Code § 12505.

FIREWORKS. Shall be defined as set forth in Cal. Health & Safety Code § 12511.

FIREWORKS BANK ACCOUNT. An account at a financial institution used solely for moneys related to the sale of safe and sane fireworks pursuant to a permit granted pursuant to this chapter.

FIREWORKS STANDS. Temporary structures to be used exclusively for the sale of safe and sane fireworks operated by qualified organizations having a permit issued pursuant to this subchapter.

QUALIFIED ORGANIZATION. Any local nonprofit organization, corporation, association, or group, consisting of ten or more persons organized primarily to support veterans or youths, including through youth sports, which meets at least once quarterly within the city. The majority of the members of the organization must either reside, or be employed by or maintain a business, in the city. To meet this definition, proof the organization is organized primarily to support youths or veterans must be provided prior to being deemed a qualified organization. For a youth organization, such proof shall be in the form of a report consisting of at least one year of complete financial statements demonstrating at least 60% of all gross expenditures for the immediately preceding fiscal year of that organization were spent directly for the support of youths, including through youth sports. For a veteran organization, such proof shall be in the form of a report consisting of at least one year of complete financial statements demonstrating at least 60% of all gross expenditures for the preceding fiscal year of that organization were spent directly for charitable causes supportive of veterans.

PERMIT. A validly issued permit allowing a qualified organization to conduct the sale, to the members of the general public, of safe and sane fireworks.

SAFE AND SANE FIREWORKS. Shall be defined as set forth in Cal. Health & Safety Code §12529.

(‘83 Code, § 8.20.010) (Ord. 1066, passed - - 93; Am. Ord. 1256, passed 2-16-05; Am. Ord. 1324, passed 4-1-09; Am. Ord. 1327, passed 4-29-09; Am. Ord. 1328, passed 5-6-09; Am. Ord. 1372, passed 3-18-15)

No person shall sell or offer to sell any safe and sane fireworks within the city:

(A) Without first having obtained a valid permit issued pursuant to the terms of this subchapter; and

(B) Without complying with all state and local laws, rules and regulations and all the conditions of approval applicable to that permit.

(‘83 Code, § 8.20.020) (Ord. 1066, passed - - 93; Am. Ord. 1256, passed 2-16-05) Penalty, see § 10.99

(A) Applications for permits shall be accepted only from qualified organizations, and shall be in writing upon the form prescribed therefore by the Chief Executive Officer. A filing and processing fee as set by resolution of the City Council shall be paid at the time of filing the application. The application shall be submitted to the Business License Division on or before the first day of May of the calendar year for which a permit shall first be issued. The person named pursuant to division (B)(3) of this section, shall sign the application and certify, under penalty of perjury, it is accurate and complete.

• (B) The application shall contain the following information:

• (1) The exact location of the proposed stand, together with the written permission of the owner of the property if the property is not owned by the applicant;

(2) The name and location of the principal place of business of the applicant (or applicants for joint applications), the names and addresses of the members thereof (including any minors; provided, that to assist with protection of individual privacy, to the extent permitted by law, personal identifying information contained in the application, including, but not limited to, home addresses, home/cell phone numbers and the names of minors, will not be disclosed to the public), the name and place of business of the safe and sane fireworks vendor the applicant proposes to use and whether that vendor has, within the immediately preceding five years, been convicted of a violation of any laws or regulations related to safe and sane or dangerous fireworks;

(3) The name of the person and an alternate to be responsible for filing all financial reports required by this chapter. Each of those persons shall also be designated as the only individuals authorized to withdraw money from the applicant’s applicable fireworks bank account;

• (4) A statement of the purposes for which the applicant is organized;

(5) Acopy of the California Secretary of State certificate approving the organization and a copy of the last annual information return filed by the organization or othersimilar proof of the validity of the organizationto operate within California;

• (6) How and where the net proceeds from the sale of the fireworks are to be expended;

• (7) For joint applications:

• (a) A designation of the single qualified organization responsible for filing the reports required by § 93.12;

• (b) The written agreement between the joint applicants regarding the joint application;

• (c) A designation as to which of the joint applicants shall be the primary applicant and which shall be the secondary applicant; and

• (8) Such other information as may be required by the Chief Executive Officer.

• (C) No person shall file an application which knowingly contains false information.

• (‘83 Code, § 8.20.030) (Ord. 1066, passed - - 93; Am. Ord. 1187, passed 6-19-02; Am. Ord. 1213, passed 8-20-03; Am. Ord. 1256, passed 2-16-05)

Prior to the issuance of any firework stands permit, the applicant shall file with the City Clerk, a policy of liability insurance in coverage amounts as set by the Chief Executive Officer. The policy shall name the city as a co-insured. (‘83 Code, § 8.20.040) (Ord. 1256, passed 2-16-05)

Not more than 14 permits shall be issued during any calendar year. Not more than one permit shall be issued to any one qualified organization in any calendar year.

('83 Code, § 8.20.050) (Ord. 1066, passed - -93)

(A) All timely filed applications for a fireworks permit shall be reviewed by the Chief Executive Officer for the purpose of determining whether an applicant is qualified to hold a permit. An applicant qualifies for a fireworks permit if the following criteria are satisfied:

• (1) The application contains all the information required by the provisions of this subchapter;

• (2) The applicant is a qualified organization, as defined in this subchapter;

• (3) The applicant will conduct all operations in accordance with all applicable laws;

(4) The safe and sane fireworks vendor proposed to be used by the applicant has not, within the immediately preceding five years, been convicted of a violation of any laws or regulations related to safe and sane or dangerous fireworks; and

(5) At least 50% of the net proceeds from the sale of fireworks will be expended in the city on a program or programs consistent with the veteran, patriotic, religious, civic betterment or charitable purpose for which the applicant is organized; and

(B) The City Council, by resolution, shall establish the policy and procedure for the issuance of permits, to qualified applicants, for the sale of fireworks. Such policy and procedure shall be implemented by the Chief Executive Officer.

(C) In the absence of an appeal filed as prescribed in this subchapter, the determination of the Chief Executive Officer with reference to the qualification of the applicants and the issuance of the fireworks permits shall be final and conclusive.

(‘83 Code, § 8.20.060) (Ord. 1066, passed - - 93; Am. Ord. 1185, passed 3-27-02; Am. Ord. 1256, passed 2-16-05)

Any person aggrieved by the action of the Chief Executive Officer with reference to such application or permit may file an appeal therefrom in the time and manner set forth in § 30.04.

(‘83 Code, § 8.20.070) (Ord. 1256, passed 2-16-05)

Issuance of a permit under this subchapter shall not be deemed to waive any other requirement of law. ('83 Code, § 8.20.080)

No person shall sell, offer to sell, or have in his possession, any dangerous fireworks within the city. ('83 Code, § 8.20.090) Penalty, see § 10.99

(A) Operation by permit only. No person other than the licensed organization shall operate the stand for which the permit is issued.

('83 Code, § 8.20.110)

(B) Persons participating in stand. No person other than individuals who are members of the licensed organization shall participate in the operation of the stand. There shall be at least one person, over 21 years of age, acting as the supervisor, on duty at all times. No person under the age of 18 years shall participate in the operation of the stand.

('83 Code, § 8.20.120)

(C) Adult in charge. Each stand shall have an adult in charge thereof, at all times when the stand is open for the sale of fireworks.

('83 Code, § 8.20.130)

(D) Payment for participation in stand prohibited. No person shall be paid any compensation for selling or otherwise participating in the sale of fireworks at the stand.

('83 Code, § 8.20.140)

(E) Smoking or lighting prohibited. No person shall light or cause to be lighted or permit to be lighted any fireworks or other combustible material, nor shall any person smoke within such stand or within 25 feet thereof. ('83 Code, § 8.20.230)

(F) Time and dates sale allowed. Fireworks shall not be sold prior to 12 noon on June 28, and such sale shall cease at 12:00 a.m. on July 5 of each calendar year.

('83 Code, § 8.20.240)

(G) Removal of stock and litter. All unsold stock and accompanying litter shall be removed from the stand and from the city limits by 12 noon on July 6 of each calendar year.

('83 Code, § 8.20.250)

(H) Removal of stand. Each firework stand shall be removed from its temporary location no later than 12 noon on July 6 of each calendar year, and all accompanying litter shall be cleared from the location by that time and date. ('83 Code, § 8.20.260)

(I) Deposit required. To insure compliance with divisions (G) and (H) of this section and § 93.12, prior to the issuance of any permit, the applicant shall deposit a cashier’s check, or cash in the amount of $500 (the deposit), with the Chief Executive Officer or his or her designee. No earlier than August 31 of the calendar year for which the permit is applicable, the deposit shall be returned to the applicant; provided, that the Chief Executive Officer has reasonably determined the applicant has complied with all the terms of the permit and this code. Penalty, see § 10.99

(A) Construction requirements. Firework stands need not comply with the provisions of the Building Code of the city; provided, that all such stands shall be erected under the supervision of the Director of Community Services who shall require that the same be constructed in a manner which will reasonably insure the safety of the attendants and patrons thereof; provided, that the stand shall be constructed of metal.

(‘83 Code, § 8.20.150) (Ord. 845, passed - -82; Am. Ord. 1256, passed 2-16-05)

(B) Location near buildings or flammable liquids. No stand shall be located within 25 feet of any other building or within 100 feet of any gasoline service station, or other use which involves the use or storage of any inflammable liquid or material.

('83 Code, § 8.20.160)

(C) Location from each other. Firework stands shall be located not less than 500 feet apart. ('83 Code, § 8.20.170)

(D) Floor area. No stand shall have a floor area in excess of 250 square feet.

('83 Code, § 8.20.180)

(E) Exits. Each stand shall have exits at least 30 inches in width at both ends of the structure, and one 30-inch exit every 20 feet on the rear wall of the structure. No supplies or other materials shall be stored in front of exit doors. Exit doors shall open outward from the stand.

('83 Code, § 8.20.190)

(F) Fire extinguishers. Firework stands shall be provided with two fire extinguishers of a type and size approved by the Fire Chief.

('83 Code, § 8.20.200)

(G) Weeds and combustible material. All weeds and other combustible materials shall be cleared from the location of the stand, including a distance of at least 100 feet surrounding the stand. ('83 Code, § 8.20.210)

(H) "No Smoking" signs. "No smoking" signs shall be prominently displayed on the exterior of each firework stand. ('83 Code, § 8.20.220) Penalty, see § 10.99

Cross-reference:

Building Regulations, see Ch. 150

Statutory reference:

For the state fireworks law, see Cal. Health & Safety Code §§ 12500 et seq.

(A) No later than August 6 of the year for which the permit is applicable, the applicant shall file with the Business License Division a written report ("Sale End Report"), which identifies the revenues and expenses relating to the sale of fireworks conducted during that year and a description of how the applicant intends to spend the revenues remaining after deduction of expenses (the "net proceeds"). Proof the proposed expenditure of the net proceeds has been officially approved by the applicant shall be submitted with the sale end report and could be shown by official minutes of the applicant. The written report required by this division shall, at a minimum, include copies of invoices for purchase of the fireworks and receipts for all expenses.

(B) No later than October 31 of the year in which the sale end report was required to be filed, the applicant shall file, with the Business License Division, a written report showing proof the net proceeds have actually been expended or allocated and of how the net proceeds identified in the applicant's most recent sale end report were actually expended, with proof the expenditure(s) were officially approved by the applicant, which could be shown by official minutes of the applicant. The written report required by this division shall, at a minimum, include copies of checks for any contributions made from net proceeds by the applicant showing the checks have been deposited by the payee.

(C) If the applicant fails to comply with division (A) of this section, then the Chief Executive Officer shall retain $250 of the deposit; and unless the applicant can provide sufficient reasons, as reasonably determined by the Chief Executive Officer, why the applicant failed to comply with division (A) of this section, the applicant will not be able to apply for another permit during the 12-month period immediately following the applicable August 6 deadline.

(D) If the applicant fails to comply with division (B) of this section, then the Chief Executive Officer shall assess a fine of $250 on the applicant. The applicant will not be permitted to apply for another permit or use a permit whose term has not yet expired unless and until that fine is paid in full and will not be permitted to apply for another permit during the 12-month period immediately following the applicable October 31 deadline, unless the applicant can provide sufficient reasons, as reasonably determined by the Chief Executive Officer, why the applicant failed to comply with division (B) of this section. The fine may be collected through whatever legal and equitable means are available, including, but not limited to, rescinding a permit, or requesting equitable relief to prevent the applicant from using a permit, whose term may not yet have expired.

(E) The person named pursuant to § 93.03(B)(3), shall sign all reports required by this section and certify, under penalty of perjury, each is accurate and complete.

(Ord. 1256, passed 2-16-05; Am. Ord. 1328, passed 5-6-09)

Notwithstanding the administrative fine amounts authorized by § 15.07 of this code, violations of § 93.09 shall be subject to issuance of administrative citations and fine amounts as follows:

• (A) $1,000 for the first violation issued to any person or property address.

• (B) $2,000 for the second violation issued to any person or property address within five years of the first violation.

• (C) $5,000 for the third violation issued to any person or property address within five years of the second violation.

• (D) $5,000 for subsequent violations issued to any person or property address within one year of the third violation.

• (Ord. 1504, passed 8-2-23)

CHAPTER 94: HEALTH AND SAFETY

(A) There is hereby adopted by reference, except as hereinafter provided, the Los Angeles County Code, Title 11, Health and Safety as currently in effect and as amended through Los Angeles County Ordinance No. 97-0071, and portions of Title 8, Consumer Protection as contained in Los Angeles County Ordinance No. 97-0071. These ordinances and codes shall become the Health and Safety Ordinance of the City of Baldwin Park protecting and preserving the public health, safety and welfare by the enactment, inspection and enforcement of the health regulations therein contained and providing penalties for the violations of the Health Code.

(B) At least one copy of the Health Code shall be kept on file in the office of the City Clerk or Code Enforcement Supervisor and shall be maintained by the City Clerk or Code Enforcement Supervisor for use and examination by the public.

(C) In the event of any conflict or ambiguity between the provisions contained in the Health Code and any amendments thereto or additions thereto contained in this chapter, the amendments or additions thereto shall control. (D) In the event of any conflict or ambiguity between any provision contained in the Health Code and any other provision of the Baldwin Park Municipal Code, the provisions of the Baldwin Park Municipal Code shall have control. (Ord. 845, passed - -82; Am. Ord. 1171, passed 1-17-01)

Every person who owns or controls any water well or oil well, which has been abandoned, and every person owning or having possession of any premises on which any such abandoned well exists, shall cap or otherwise close the mouth of or entrance to the well in such a manner as to prevent persons from falling therein, and in such a manner that the capping or covering cannot be removed by accident or inadvertence. Capping of water wells shall be performed in accordance with standards and regulations set forth in the public health code of the city. ('83 Code, § 8.28.010) Penalty, see § 10.99

(A) The City of Baldwin Park hereby designates the fire hazard severity zones (FHSZ) as developed by the California Department of Forestry and Fire Protection pursuant to Cal. Gov’t Code § 51178.

(B) The FHSZ map, approved by the City of Baldwin Park is hereby incorporated by reference, and entitled “City of Baldwin Park Fire Hazard Severity Zones” dated March 24, 2025.

(Ord. 1518, passed 7-16-25)