Brawley Municipal Code Art. III Public Displays of Fireworks

It shall be unlawful to cause, allow, permit, aid, abet, or suffer any discharge of "dangerous fireworks" (including a public display) or any use of special effects without having first obtained a permit from the fire chief as provided herein.

The fire chief may grant permits for those activities enumerated in section 12640 of the California Health and Safety Code, including supervised public displays of fireworks by a public agency, fair association, amusement park, or other organization, or for the use of fireworks by artisans in pursuit of their trade. Each such use or display shall be handled by a licensed pyrotechnic operator (as defined by section 12527 of the California Health and Safety Code), and shall be of such character and so located, discharged or fired as in the opinion of council, following the receipt of the recommendation by the fire chief, will not be hazardous or endanger any property or persons.

(Ord. No. 2015-02, § 2, 2-17-2015)

Every application for permit to conduct a public display of fireworks or for other use of fireworks as permitted by section 2.010 shall be accompanied by a nonrefundable fee to be determined.

(Ord. No. 2015-02, § 2, 2-17-2015)

Every applicant for a permit to conduct a public display of fireworks or for other use of fireworks as permitted by section 19H.6 shall agree to defend, indemnify and hold the city of Brawley, its officers and employees, harmless from any and all claims for damages or other costs arising out of the activity authorized by the permit.

(Ord. No. 2015-02, § 2, 2-17-2015)

Every recipient of a permit to conduct a public display of fireworks or for other use of fireworks as permitted by section 19H.6 shall maintain a corporate surety bond or policy of public liability and property damage insurance. The policy shall provide coverage for bodily injury (including death) and property damage with policy limits of not less than five million dollars combined single limits. Such policies shall contain a provision which includes the city, its officers, officials, agents, and employees as additional insureds and provides that said insurance provides primary coverage as to the city without contribution by other city policies or self-insured retentions. Such policies shall also contain an endorsement that the company issuing such policy or policies will not allow the same to be cancelled without serving, by first class mail, ten days' notice of cancellation upon the city clerk.

Following approval of the permit by the fire chief as provided in section 19H.6, no permit shall be issued until the permittee furnishes the city clerk a "certificate of insurance" for each insurance policy required by this section, in a form approved by the city attorney.

Notwithstanding any other provision of this chapter, the failure of the permittee to carry such policy or policies in force shall result in the automatic revocation of the permit as of the date of expiration of such insurance policy or policies. Should a permit be automatically revoked as a consequence of this provision, the payment of the full amount of the permit fee required by this chapter shall be made to the city before the revoked permit may be reinstated.

(Ord. No. 2015-02, § 2, 2-17-2015)