Chowchilla Municipal Code Ch. 8.24 Sale, Use and Possession of Safe and Sane Fireworks

The city council finds and determines that upon a finding that the public health, welfare, and safety requires it, the city council can by resolution prohibit the sale or setting off of safe and sane fireworks, or both.

(Ord. 410-99 § 2 (part), 1999)

No person, other than as permitted in this chapter, shall explode any rocket, firecracker, roman candle, torpedo, torpedo cane, black cartridge, or other combustible device or explosive substance or any kind of fireworks, by whatsoever name known, within the city; provided, that public displays of fireworks may be given with permission of the city council under a competent director who, in the opinion of the council, understands explosives.

(Ord. 410-99 § 2 (part), 1999)

Any person who discharges or explodes any rocket, firecracker, roman candle, torpedo, torpedo cane, black cartridge, or other combustible device or explosive substance or any kind of fireworks, by whatsoever name known, except for safe and sane fireworks as defined in the state fireworks law, without a permit duly issued by the city council, which permit shall designate the place, time of firing or discharging and the number of discharges authorized (copy of which permit shall be filed with the city clerk before such firing or discharging and the number of discharges authorized), is guilty of a misdemeanor.

(Ord. 410-99 § 2 (part), 1999)

A. "Safe and sane fireworks" shall have that same meaning ascribed in the State Fireworks Law (Division 11, Part 2 of the California Health and Safety Code), as that law is amended from time to time.

B. Safe and sane fireworks may not be sold within the city except between the dates and times established by the State Fireworks Law. Safe and sane fireworks may be discharged for the seven days prior to and including July 4th of each year.

C. Reserved.

(Ord. 410-99 § 2 (part), 1999)

(Ord. No. 468-14, § 1, 3-11-2014)

No fireworks shall be sold, offered for sale, discharged or used within the city except for safe and sane fireworks.

(Ord. 410-99 § 2 (part), 1999)

(Ord. No. 468-14, § 2, 3-11-2014)

A. It is unlawful for any person, business, firm, or corporation to sell fireworks within the city without having first complied with all requirements of the State Fireworks Law and applied and received a city permit therefor.

B. The city council, or its designee, upon written application as provided in this chapter and subject to the provisions of this chapter, may grant to any certified applicant a permit to sell fireworks; provided, that no more than four permits to sell fireworks shall be granted in a calendar year. When the total number of residential dwelling units located within the city exceed three thousand units, the city council may consider increasing the number of permits.

C. Reserved.

(Ord. 410-99 § 2 (part), 1999)

(Ord. No. 468-14, § 3, 3-11-2014)

A. Any person or entity desiring to sell fireworks within the city and to obtain a permit therefor, pursuant to this chapter shall file an application between the first business day and the last business day of June of each year. On delivery of the application to the city, the applicant shall pay a permit fee of fifty dollars or as the council may determine from time to time by resolution.

B. The application shall contain the following information:

1. Names, addresses, phone numbers, business address and federal tax identification number of the applicant (if the applicant is a corporation, association or partnership, the application shall set forth a described information for each and every owner, partner and manager);

2. Description of the business organization of the applicant (i.e., sole proprietorship, corporation, partnership, etc.) and in the case of a corporation, shall, upon request, include copies of the corporation's articles of incorporation and bylaws;

3. Description of the location of the intended fireworks sales;

4. A copy of the license issued in accordance with the state fireworks law authorizing the applicant to sell fireworks;

5. An assurance by the applicant that if the license is issued to the applicant, the applicant shall, at the time of receipt of such license, deliver to the city a one million dollar public liability and property damage insurance policy, and products liability insurance of one million dollars with riders attached to the policies designating the city as an additional insured thereunder;

6. Include a statement that the applicant agrees to comply strictly with the terms of any retail permit granted it and furnish additional information upon request of the city.

(Ord. 410-99 § 2 (part), 1999)

A. In granting the permits to sell fireworks, the city shall give priority to applications as follows: first, to all veterans' organizations as defined in Section 1800 of the California Military and Veterans Code with their principal place of business in the city of Chowchilla; second to nonprofit corporation with their principal place of business in the city of Chowchilla. If the number of applications exceeds the number of permits to be issued, then veterans' organizations shall have first priority for the available permits, and if there are any additional permits available, such additional permits shall be granted by a random drawing supervised by the city clerk during one of the city council's regular council meetings in the month of July.

B. In connection with the issuance of any permit pursuant to this chapter, the council may impose reasonable conditions to protect the health, safety and welfare of the inhabitants of the city. Such conditions may include, but are not limited to, a requirement that accurate, written books and records of account be kept showing income, expenses and use of all funds obtained through the sale of fireworks.

C. Applicants for such permit shall be notified of the granting or rejection as soon as practical after the city council meeting in the month of July.

D. Each organization will hold a permit for two consecutive years.

(Ord. 410-99 § 2 (part), 1999)

The following qualifications must be met by each applicant for a permit hereunder:

A. The organization must submit an organization application for safe and sane lottery drawing between June 1st and June 30th, except when the last day falls on a Saturday or Sunday the following business day shall be determined to be the last day.

B. The organizations applying for a permit pursuant to Section 8.24.070 of this chapter shall have been selected as prescribed by Section 8.24.080 of this chapter.

C. No permit shall be issued to any person except nonprofit associations or corporations organized primarily for veteran, patriotic, welfare, civic betterment or charitable purposes. An "organization" shall be defined for the purpose of this chapter to include any association and/or corporation and their affiliate or auxiliary organizations which were organized for the above-prescribed purposes.

D. Each organization must have its principal and predominant meeting place in the corporate limits of said city, must maintain a bona fide membership of at least twenty members, and must have been organized and established within the city's corporate limits for a minimum of one year continuously preceding the filing of the request for lottery drawing application.

E. No organization may receive more than one permit for fireworks sale during any one calendar year. One permit may be issued to two or more qualifying applicants as a joint venture.

F. If a primary organization has multiple auxiliary or affiliated organizations, the primary organization and one auxiliary may submit an application for the lottery drawing prescribed by Section 8.24.080 of this chapter. If one of these organizations is selected, the other will no longer be considered eligible for receipt of a permit that same year.

(Ord. 410-99 § 2 (part), 1999)

Any permit granted for the sale of fireworks shall be governed by the following conditions:

A. A permit shall be granted only to a qualified applicant as defined in Section 8.24.080 of this chapter;

B. The permit shall authorize the sale at only one location;

C. The sale shall be permitted only between nine a.m. and ten p.m.;

D. Any attempt to transfer a permit to any person shall void the permit;

E. Failure to comply with any of the provisions of this chapter shall preclude consideration of an application filed if permits have not been granted thereunder.

(Ord. 410-99 § 2 (part), 1999)

Fireworks sales authorized by the issuance of a permit pursuant to this chapter shall be conducted only in commercial districts.

(Ord. 410-99 § 2 (part), 1999)

A. Each application shall contain a description of the desired location and permission of the owner must be obtained by the applicant.

B. All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is prohibited. The temporary stand shall be subject to the following provisions:

1. No fireworks stand shall be located within twenty-five feet of any other building nor within one hundred feet of a location where gasoline or any other flammable liquids are stored or dispensed;

2. Fireworks stands need not comply with the provisions of the city building code; provided, however, that all the stands shall be erected under the supervision of the inspector who shall require that stands be constructed in a manner which will reasonably ensure the safety of attendants and patrons and all electrical facilities required to comply with the National Electric Code;

3. No fireworks stand shall be located closer than twenty feet to the right-of-way line of any public road or highway located within any corner cutoff, or at any location which does not otherwise meet the approval of the city fire chief;

4. No stand shall have a floor area in excess of seven hundred fifty square feet;

5. No sign shall be erected or maintained in connection with the fireworks stand which shall create a traffic hazard;

6. Storage of fireworks shall be at locations approved by the city fire chief. Fireworks stands used for storage shall be under twenty-four-hour supervision of an alert adult. No sleeping inside of a fireworks stand will be permitted at any time;

7. 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. Each stand must have an adult eighteen years of age or over in attendance and in charge thereof when the stand is being used for the sale or dispensing or storage of fireworks; and

8. No person other than the individuals who are members of the permittee organization, or the wives or husbands or adult children of such members, shall sell or otherwise participate in the sale of fireworks at such stand.

C. Any organization which is granted a permit, and which for any reason fails to exercise the permit by the operation of the stand in accordance with the conditions of the permit, shall automatically forfeit the right to a permit for the succeeding year including, but not limited to, the right to participate in a drawing pursuant to Section 8.24.080 of this chapter for said succeeding year.

(Ord. 410-99 § 2 (part), 1999)

(Ord. No. 468-14, § 4, 3-11-2014)

A. Each stand shall be provided with two fire extinguishers, approved for such use by the fire chief, in good working order and easily accessible for use in case of fire.

B. No smoking shall be allowed in any stand.

C. "No smoking" signs shall be prominently displayed on the fireworks stand.

D. All weeds and combustible materials shall be cleared from the location of the stand, including a distance of at least twenty feet surrounding the stand.

E. No person shall light or cause to be lighted any fireworks, firecracker, or other combustible article within any stand or within two hundred feet thereof.

F. All unsold stock and accompanying litter shall be removed from the location by five p.m. on the 6th day of July.

G. The fireworks stand shall be removed from the temporary location by twelve noon on the 11th day of July, and all accompanying litter shall be cleared from said location by the said time and date.

H. Prior to the issuance of a permit, each permittee shall file with the city a cash deposit, a certificate of deposit or a surety bond made payable to the city in the amount of one hundred dollars to assure compliance with the provisions of this chapter. Such deposit or certificate shall be made refundable upon compliance with the provisions and requirements of this chapter including but not limited to the removal of the stand and cleaning of the site.

I. In the event that the permittee does not comply or remove the stand or clean the site in the manner required by the city's fire chief, the City may do so, or cause the same to be done by another person, and the reasonable cost thereof shall be charged against the licensee and his surety and the deposit certificate or bond.

J. If in the judgment of the fire chief or building inspector, the construction of the stand or the conduct of the operations therein do not conform to the provisions of this chapter, such officers or either of them may order the stand immediately closed, and the permit to operate such stand shall then be suspended and/or revoked.

(Ord. 410-99 § 2 (part), 1999)

Organizations selling fireworks are required to obtain a temporary sales tax permit from the State Board of Equalization.

(Ord. 410-99 § 2 (part), 1999)

The state license and city permit to sell fireworks, and the temporary sales tax permit shall be displayed in a prominent place in the fireworks stand.

(Ord. 410-99 § 2 (part), 1999)

The following requirements must be met in addition to those set forth in previous sections. Upon verification of the application of the city clerk, the city council may authorize that a permit be issued. Such permit shall be issued or denied in the discretion of the city council and subject to such other reasonable conditions as the city council determines necessary to protect the public health, safety and welfare. The city council declares its intention to issue only a limited number of permits in order to prevent an unsightly or undue or unsafe concentration of fireworks stands. No permit shall be issued to other than adult persons.

(Ord. 410-99 § 2 (part), 1999)

Nothing in this chapter shall prohibit any discharge or display of fireworks at any public gathering, provided that a permit to do so has first been obtained from the city council. No such permit shall be granted by the city council for any such public display unless for a location where the falling of any lighted fireworks or objects would not endanger building structures, vehicles, forests, brush, or grass-covered land, or unless the discharge of fireworks is under the direct supervision of a capable, experienced person, or provision is made for a fire extinguishment appliance and is satisfactory to the city council. All persons or organizations obtaining a permit for a public pyrotechnic display shall comply with and be governed by the provisions set forth in Title 19, California Administrative Code, subchapter 6, article 6.

Additionally, applications shall be filed with the city administrator not less than thirty days before the public display and shall be accompanied by a detailed statement of the items of the proposed public display. If the permit is granted, no item shall be displayed except as is contained in the statement and the council may, in granting the permit, eliminate from the statement such items as it deems hazardous, and it shall be unlawful for the grantee of the permit to exhibit or display the eliminated items. The fee to the city for the permit for each display shall be in an amount established by resolution of the city council.

(Ord. 410-99 § 2 (part), 1999)

Before filing with the city, the applicant for a public pyrotechnics display shall obtain a license from the State Fire Marshal as required in Division 11 of the State Health and Safety Code. The surety requirements therein provided are considered to be the minimum and may be increased by the State Fire Marshal, fire chief, or city council.

(Ord. 410-99 § 2 (part), 1999)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereon, shall be punishable by a fine of not more than five hundred dollars, imprisonment for a term not exceeding six months or both such fine and imprisonment.

(Ord. 410-99 § 2 (part), 1999)