Bell Gardens Municipal Code Ch. 16.40 Fireworks

[1]

Prior legislation: Ords. 268, 316, 634-U, 687 and 821 and prior code §§ 3102 – 3111.

The sale, use, and discharge of "safe and sane" fireworks is permitted within the city, and shall be governed by the procedures set forth in this chapter. Nothing in this chapter shall prohibit city-sponsored public displays of fireworks by a licensed pyrotechnic operator, under the supervision of the fire chief and authorized by the city council, in commemoration or celebration of significant public events or occasions.

(Ord. 967, 5/11/2026)

The provisions of California Health and Safety Code Sections 12500-12726 are hereby adopted by, except where the provisions of this chapter impose more stringent requirements, then the provisions of this chapter shall control.

(Ord. 967, 5/11/2026)

For the purposes of this chapter, the terms used herein shall have the same meanings set forth in California Health and Safety Code Sections 12500-12534, except as otherwise defined in this chapter.

(Ord. 967, 5/11/2026)

No fireworks shall be sold, offered for sale, or discharged within the city which are classified as dangerous fireworks, as that term is defined by the Health and Safety Code.

(Ord. 967, 5/11/2026)

"Safe and Sane" fireworks, as approved by the State Fire Marshal, may only be discharged within city boundaries between the hours of 3:00 p.m. and 10:00 p.m. on July Fourth. It shall be unlawful to discharge fireworks at any other time or date of the year. Nothing in this section shall be construed to prohibit displays conducted by licensed pyrotechnic operators with appropriate permits issued by the city.

(Ord. 967, 5/11/2026)

A. The discharge of "safe and sane" fireworks shall be conducted under the direct supervision of a responsible adult, who is at least 18 years of age.

B. No person under the age of 18 shall possess fireworks of any kind within city boundaries. Possession of any fireworks by any person under the age of 18 is a violation of this chapter.

C. The transfer or sale of fireworks by any person not licensed under this chapter is prohibited.

(Ord. 967, 5/11/2026)

A. No person shall possess or discharge fireworks classified as "dangerous fireworks," as that term is defined by the Health and Safety Code.

B. No person shall alter "safe and sane" fireworks or discharge them in a manner contrary to their intended use, as designated by the State Fire Marshal.

C. Any fireworks possessed in violation of this section shall be immediately confiscated by the Police Department and properly disposed of in accordance with applicable law. All costs of confiscation and disposal shall be borne by the violator and be subject to the penalties set forth in BGMC § 16.40.170.

(Ord. 967, 5/11/2026)

A. Any person who causes, allows, permits, aids, or abets any discharge of dangerous fireworks shall be in violation of this chapter.

B. Any person who stores fireworks, including those classified as safe and sane, shall be in violation of this chapter.

C. Any person who discharges, lights, explodes, detonates, or otherwise fires, ignites, or causes the explosion or detonation of any kind of fireworks outside of the times specified in this chapter within the city shall be in violation of this chapter.

D. Any parent, guardian, or other person having the legal care and custody of any minor that allows such child to violate the provisions mentioned herein shall be in violation of this chapter.

E. No person under the age of 18 shall discharge, light, explode, detonate, or otherwise ignite fireworks of any kind within the city.

F. No person shall discharge any fireworks upon any city property, park, or public right-of-way without a valid permit.

G. No person shall store, offer for sale, display for sale, or sell at retail any fireworks within the city without a valid permit.

H. The storage of explosives and blasting agent materials within the city is prohibited.

(Ord. 894 § 2, 2019; Ord. 967, 5/11/2026. Formerly 16.40.030)

Applications for seller's permits and award of such permits shall be governed by the provisions of this chapter and shall further be subject to other provisions of the city or codes adopted by reference.

(Ord. 967, 5/11/2026)

The following qualifications shall be met each year by each applicant for a seller's permit for fireworks:

A. Permits may be issued only to nonprofit organizations primarily focused on services for education, youth sports, religion, veteran, patriotic, welfare, civic betterment, or charitable purposes, which hold a valid tax-exempt certificate pursuant to the Revenue and Taxation Code of the State of California. Approval of applications shall adhere to the provisions of BGMC § 16.40.120.

B. Each applicant organization shall maintain its principal place of business and regular meeting place within the city, shall have been organized and established in the city for a minimum of one year prior to the date of the application, and shall have a bona fide membership of at least 10 members.

C. No employee organization of the city shall be eligible for a seller's permit.

D. Completed applications for fireworks seller's permits shall be submitted to the Community Development Department no later than June 15 of the calendar year in which the sales are to occur.

E. Each applicant shall submit a signed written agreement with a licensed fireworks distributor.

F. Organizations issued a seller's permit under this chapter shall obtain a temporary sales permit from the California Department of Tax and Fee Administration.

(Ord. 967, 5/11/2026)

A. A financial statement signed by the treasurer or financial officer of the applicant setting forth the total gross receipts from each stand from which fireworks were sold, all expenses incurred and paid in connection with the purchase of fireworks and the sale thereof, and to whom and for what purpose the net proceeds were disbursed, along with the most recent report filed by the applicant to the California Department of Tax and Fee Administration, shall be filed with the Community Development Department. The financial statement must be submitted no later than January 1 of the calendar year following the July 4th holiday during which the sales occurred.

B. Failure to submit such financial statements shall disqualify the applicant and organization from obtaining a future seller's permit, until such time that the financial statements are submitted to the community Development Department.

(Ord. 967, 5/11/2026)

A. No single organization shall receive more than one seller's permit for fireworks sales during any one calendar year. This limitation shall not apply to organizations that have separate charters from their parent organizations. The total number of seller's permits issued pursuant to this chapter shall not exceed three per calendar year.

B. Seller's permits shall be awarded annually through a lottery drawing conducted on the third Thursday of June. Applicants must be present at the time and place of the lottery drawing. Failure to attend the lottery drawing shall result in the denial of the seller's permit application.

1. The City shall conduct up to three separate and distinct lottery drawings per calendar year. Each accepted application shall be assigned by the Community Development Director to one of the following categories based on the nature of the organization, and each category shall have its own independent lottery drawing:

a. Category 1: Public and private school organizations, clubs, and affiliated sports organizations.

b. Category 2: Religious institutions and their affiliated clubs or organizations.

c. Category 3: All other non-profit organizations.

C. Any organization found to have violated the Bell Gardens Municipal Code or any other fireworks-related provisions shall be ineligible for a seller's permit in the following calendar year.

(Ord. 967, 5/11/2026)

Prior to the installation of any fireworks stand for which a permit has been requested, the Chief of Police and Director of Public Works shall have the authority to disapprove the location if, in his or her opinion, a traffic hazard will be created; the Community Development Director shall have the authority to disapprove the location if, in his or her opinion, a fire hazard will be created; and the Community Development Director shall have the authority to disapprove the location if it is in conflict with the zoning provisions of this Code.

A. Fireworks stands may be permitted on properties located within any commercial zone (M-U, C-S, C-3, C-4, and C-M) and along Gage Avenue, Garfield Avenue, Florence Avenue, and Eastern Avenue.

Religious organizations awarded a seller's permit may use their own property, and such property shall be exempt from zoning restrictions when located along Gage Avenue, Garfield Avenue, Florence Avenue, and Eastern Avenue.

(Ord. 967, 5/11/2026)

It shall be unlawful for any person or group to operate a fireworks stand without complying with all of the following:

A. No person other than the approved organization shall operate the fireworks stand for which the seller's permit is issued or share or otherwise participate in the profits of the operation of such stand.

B. No person other than the individuals who are adult members of the permitted organization, spouses, or adult children of such members, shall sell or otherwise participate in the sale of fireworks at such stands. If the permitted organization's members are physically incapable of conducting sales activities, such activities may be performed by individuals identified in the approved application as authorized by the Community Development Director.

C. No person shall receive compensation, monetary or otherwise, for participating in the sale of fireworks at such stands, except for monetary compensation paid to security services.

D. Fireworks may be sold at approved fireworks stands only.

E. No person shall be allowed in the interior of the fireworks stands, except those directly participating in the sales of fireworks or those conducting bona fide business within.

F. All persons engaged in the selling of fireworks shall be age 18 years or older.

G. Each fireworks stand shall have an adult designated as security in attendance and in charge thereof when the fireworks stand is not being used for the sale and dispensing of fireworks. No person shall be permitted within the fireworks stand from 10:00 p.m. to 10:00 a.m.

H. The sale of fireworks shall only be allowed between the hours of 10:00 a.m. and 10:00 p.m. on July 1st, July 2nd, and July 3rd, and 8:00 a.m. and 8:00 p.m. on July 4th.

I. All unsold stock and accompanying litter shall be removed from the location by 5:00 p.m. on July 5th.

J. No fireworks shall be sold to any person under the age of 18.

K. No unsold stock may be relocated to, stored, or otherwise kept at a place of habitation.

(Ord. 967, 5/11/2026)

It shall be unlawful for any person to sell or otherwise distribute fireworks without complying with the following provisions:

A. All fireworks stands shall be inspected by the Building Division and the Los Angeles County Fire Department prior to the commencement of any sales. All firework stands shall comply with adopted codes of the city and other applicable laws.

B. All fireworks stands shall be erected according to the provisions of all applicable city codes and laws, except for fire resistive structural requirements that may be waived by the Building Official.

C. If the Los Angeles County Fire Department or the Building Division determines that the construction of any fireworks stands or the conduct of the operations therein fails to conform to the provisions of this chapter, or that an immediate hazard to the public health and safety exists, then either the Los Angeles County Department or the Building Division may order the immediate closure of the fireworks stand.

D. The front of each fireworks stand shall be completely enclosed from the counter to the roof with hardware wire cloth, the openings of which shall not exceed one-fourth inch in size, except for openings to permit the delivery of merchandise to the prospective customer, which openings shall not be larger than 12 inches by 18 inches in size.

E. All merchandise shall be stored or displayed at a distance of not less than one foot from the front and side walls of the fireworks stands.

F. Approval shall be obtained from the Division of Building and Safety for each fireworks stand prior to its construction. Portable electrical supply will require special approval.

G. No fireworks stand shall be constructed which has a depth of more than 12 feet.

H. Each fireworks stand up to 30 feet in length shall have at least two exits, and each fireworks stand in excess of 30 feet in length shall have at least three exits spaced approximately equidistant apart; provided, however, in no case shall the distance between exits exceed 24 feet.

I. Exit doors shall swing in the direction of egress.

J. Exits shall be so arranged that there will be egress available in at least two directions from any place within the fireworks stands and exits shall be located at opposite ends of the fireworks stands.

K. All fireworks stands shall be equipped with two water pressure type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case of fire.

L. No fireworks stand shall be placed closer than 10 feet to a public way, unless permission is first obtained from the Director of Public Works.

M. No fireworks stand shall be placed closer than 20 feet to a side or rear property line, nor closer than 30 feet to any other building or structure. nor closer than 100 feet to a gasoline service station or other occupancy which stores or uses flammable liquids.

N. All weeds and combustible material shall be cleared from the property for which the fireworks stand will be located.

O. Fireworks stands shall not be erected prior to June 24th and shall be removed from the location by 12:00 noon on July 11th.

P. All accompanying litter shall be cleared from such location daily.

Q. "No smoking" signs shall be prominently displayed on the exterior of each fireworks stand along the front display area with intervals at a maximum of six feet apart, and no smoking shall be permitted within 10 feet of any fireworks stand.

R. Licenses to sell fireworks and temporary sales tax permits shall be displayed in a prominent place in the fireworks stand.

S. Trash receptacle containers in accordance with city standards shall be placed at each fireworks stand location.

[Ord. 967, 5/11/2026]

Violations of this chapter shall constitute a misdemeanor as determined by the Chief of Police. The city may prosecute any violation of this chapter as a misdemeanor in accordance with BGMC § 1.12.010.

(Ord. 894 § 2, 2019; Ord. 967, 5/11/2026. Formerly 16.40.040)

A. Each person who violates any provision of this code as it relates to the possession, use, storage, sale and/or display of "dangerous fireworks" and "safe and sane fireworks" shall be subject to the imposition and payment of an administrative fine or fines.

B. The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the city authorized hereunder; and the issuance of a citation to any person constitutes but one remedy available to the city to redress violations of this chapter by any person. By adopting this chapter, the city does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any violation of this code by any person, which the city may otherwise pursue.

C. Except as otherwise provided under this chapter, the procedures contesting the issuance of an administrative citation pursuant to this chapter shall be those procedures set forth in Chapter 1.16 BGMC. In the event of any conflict between the provisions of this chapter and the provisions set forth in Chapter 1.16 BGMC, the provisions of this chapter shall govern and control but only to the extent of the conflict and no further.

D. Whenever an enforcement officer determines that a violation of the code has occurred, the enforcement officer may issue an administrative citation on a city-approved form listing the code violation(s) and the amount of the administrative fine required to be paid by the responsible person(s) in accordance with the provisions of this chapter.

E. Each administrative citation shall contain the following provisions:

1. The name, mailing address, date of birth, California driver's license number, and home or business telephone number of the responsible person charged with any violation of this code;

2. The address or description of the location of the violation;

3. The date or dates on which the person violated this code;

4. The section or sections of this code that were violated;

5. A description of the violation(s);

6. The amount of the administrative fine for each violation, the procedure in place to pay the fines, and any late fee and interest charge(s), if not timely paid, and notice that if the city is required to take action to collect such fines, the responsible person may be charged costs and attorneys' fees;

7. Notice and procedure to request an administrative hearing to contest the citation (including the form to be used, how to obtain the form, and the period within which the request must be made in order for it to be considered timely);

8. The name, addresses and telephone numbers of any witnesses to the violation(s);

9. The name and signature of the enforcement officer who issued the citation and the name and signature of the citee, if he or she is physically present and will sign the citation at the time of issuance. The refusal of a citee to sign a citation shall not affect its validity or any related subsequent proceedings, nor shall signing a citation constitute an admission that a person is responsible for a violation of the code;

10. Any other information deemed necessary by the director for enforcement or collection purposes.

F. Administrative Fines.

1. Each person who violates any provision of this code as it relates to the possession, use, storage, sale and/or display of "dangerous fireworks" and "safe and sane fireworks" shall be subject to the imposition and payment of an administrative fine or fines as provided below:

2. In the case of a violation of any of the provisions listed above, the administrative fine(s) shall be due and payable within 30 calendar days from the issuance of the administrative fine citation, and the citee shall be required to abate the violation, and surrender all dangerous fireworks or the safe and sane fireworks to the enforcement officer, immediately. For penalties not paid in full within that time, a late charge in the amount set forth above is hereby imposed and must be paid to the city by the citee. Fines not paid within the time established by this chapter shall accrue interest at the legal rate. On the second and each subsequent time that a person is issued a citation for the same violation in any 12-month period, the fine is increased as indicated above and the citee shall be liable for the amount of the new fine until it is paid, in addition to being responsible for payment of previous fines.

3. All administrative fines and any late charges and interest due shall be paid to the city at such location or address as stated on the citation, or as otherwise designated by the city manager or his or her designee. Payment of the administrative fine shall not excuse or discharge a citee from the duty to immediately abate and correct a violation of the code, nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of the code. The issuance of the citation and/or payment of any fine shall not bar the city from employing any other enforcement action or remedy to obtain compliance with the provisions of the code so violated including the issuance of additional citations and/or criminal prosecution pursuant to Chapter 1.08 BGMC.

4. Upon confirmation of the citation or when the citation is deemed confirmed, all unpaid administrative fines, late fees and/or interest shall constitute a judgment which may be collected in any manner allowed by law for collection of judgments, including but not limited to recordation to create a lien on any real property owned by the responsible person. The city shall be entitled to recover its attorney's fees and costs incurred in collecting any administrative fines, late charges and/or interest.

5. Payment of the administrative fine shall not excuse or discharge a citee from the duty to immediately abate and correct a violation of the code nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of the code.

G. Right to an Administrative Hearing.

1. Any citee may contest the violation(s), or that he or she is a responsible person, by filing a request for an administrative hearing in accordance with the appeal procedures set forth under Chapter 1.16 BGMC.

2. No fees shall be charged for the filing of a request for a hearing.

3. Except as otherwise authorized pursuant to Chapter 1.16 BGMC, a citee shall deposit the full amount of the penalty listed on the citation on or before the request for a hearing is filed. Failure to deposit the full amount of all penalties within the required time period, or the tender of a nonnegotiable check, shall render a request for an administrative hearing incomplete and untimely. Penalties that are deposited with the city shall not accrue interest. Penalties deposited shall be returned to the person who deposited them if the citation is overturned.

4. If the enforcement officer submits an additional written report concerning the citation to the city for consideration at the hearing, the enforcement officer shall also serve a copy of such report by first-class mail on the person requesting an administrative hearing no less than seven calendar days prior to the date of the hearing. Failure to receive said report shall not invalidate the citation or any hearing, city action or proceeding pursuant to this chapter.

(Ord. 894 § 2, 2019; Ord. 967, 5/11/2026. Formerly 16.40.050.)