Coachella Municipal Code Ch. 8.32 Fireworks

The provisions of this chapter are intended to regulate the sale, discharge and storage of fireworks, in the prevention of fires which may result from the improper sale, use or storage of fireworks. This chapter is added to permit the sale, discharge and storage of "safe and sane" fireworks as defined by Section 12529 of the Health and Safety Code of the state of California within the territorial limits of the city during the period beginning at noon on the twenty-eighth day of June and ending at noon on the fifth of July of each calendar year and any other period permitted by law and authorized by the Coachella city council pursuant to the provisions of this chapter and not otherwise. The fees in this chapter are for regulatory purposes only.

(Ord. 892 § 10, 2003; prior code § 9-30)

A. Except as provided in this chapter, no person shall sell or offer to sell, at retail, any fireworks within the territorial limits of the city without a fireworks permit first being issued to a qualifying Coachella organization as defined in this chapter from the director of finance or designee.

B. No organization shall be granted more than one permit or operate more than one stand where fireworks are sold during any one calendar year.

C. An organization which has been granted a permit hereunder may enter into a participation agreement with one or more qualifying organization to jointly sell fireworks provided that such organizations shall assume jointly the responsibility for compliance with all city ordinances and regulations and that all participating organizations shall be listed as such on the permit.

D. The maximum number of permits that may be issued to organizations to sell fireworks within the territorial limits of the city in one calendar year shall not exceed one permit for every three thousand five hundred (3,500) residents of the city, or fraction thereof, based on the latest estimate of population of the city by the California Department of Finance or the U.S. Bureau of the Census.

E. If the number of applications for retail permits exceeds the number of permits available for issuance, the director of finance or designee shall issue the permits according to the following three priorities:

1. First, to a qualifying Coachella organization as defined in this chapter which is incorporated as a nonprofit corporation and which has obtained tax exempt status from the Internal Revenue Service and the franchise tax board;

2. Second, to a qualifying Coachella organization which was granted a permit hereunder during the preceding year and which complied with all of the requirements of this article and other applicable provisions of this code;

3. Third, to a qualifying Coachella organization selected by a random drawing as determined by the director of finance.

F. Permits for a qualifying Coachella organization that meets the qualifications set forth in 8.32.050(D) shall be limited to two permits. If more than two applications for retail permits are received, the finance director or designee shall select by random drawing two organizations.

G. Except as otherwise provided in this chapter, any violation of the provisions of this chapter by a permittee organization or its officers or members may be a basis for the denial of a fireworks permit in future years.

(Prior code § 9-31)

(Ord. No. 1019, § 1, 6-23-10)

An organization seeking to sell "safe and sane" fireworks shall submit an application for a fireworks permit hereunder. All applications for a permit to sell fireworks shall:

A. Be made in writing and accompanied by a fireworks permit fee as in the amount described in the comprehensive fee schedule resolution, a license issued by the state fire marshal, and a cleanup deposit fee in the amount described in the comprehensive fee schedule resolution. Such deposit shall be refundable upon compliance with the provisions and requirements of this chapter including the removal of the fireworks stand and the cleaning of the site. In the event the permittee fails to comply or to remove the stand or to clean the site in the manner required by the building official of the city, the building official may do so or cause the same to be done by other persons, and the cost over and above the amount of the cleaning deposit shall be charged against the permittee and the deposit shall be forfeited;

B. Set forth the proposed location of the fireworks stand, and be accompanied by a letter signed by the owner property, or agent, upon which the fireworks stand is proposed to be located confirming that the owner has given permission for the use of the property for such purpose. No fireworks stand shall be located in any zone other than C and M zones and must conform to other applicable laws and regulations;

C. Be accompanied by an assurance that if the fireworks permit is issued to the applicant organization, the applicant organization shall, prior to the receipt of the fireworks permit, submit to the director of finance or designee an insurance certificate and policy with a minimum of one million dollars ($1,000,000.00) public liability and one million dollars ($1,000,000.00) property damage coverage which shall also designate the city as an additional insured;

D. Include a statement that the officers and agents of the applicant organization shall agree to comply strictly with the terms of this chapter and the terms of a fireworks permit granted in this chapter and to furnish such additional information as requested by the director of finance or designee;

E. Applications by organizations shall be submitted between January 2 and January 31 of each year.

(Prior code § 9-32)

(Ord. No. 1019, § 2, 6-23-10)

Applicant organizations for a fireworks permit shall be notified by the director of finance or designee by March 31 each year of the issuance or denial of a fireworks permit.

(Prior code § 9-33)

(Ord. No. 1019, § 3, 6-23-10)

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

A. A fireworks permit shall be issued only to nonprofit organization organized primarily for civic betterment, youth activities, recreational activities, school activities, military or veterans affairs, or other like charitable purposes.

B. Each such organization must have its principal and permanent meeting place within the territorial limits of the city; must maintain a bona fide membership of at least twenty (20) members the majority of whom reside in the city; and must have been organized and established for a minimum of two years continuously preceding the filing of the application for a fireworks permit hereunder.

C. An organization meeting with these requirements shall be deemed to be a qualifying Coachella organization.

D. An organization that is affiliated with a school outside the territorial limits of the city but within the boundaries of the Coachella Valley Unified School District and organized primarily for civic betterment, youth activities, recreational activities, school activities, military or veterans affairs, or other like charitable purposes. Organization must have been organized and established for a minimum of two years continuously preceding the filing of the application for a fireworks permit hereunder.

(Prior code § 9-34)

(Ord. No. 1019, § 4, 6-23-10)

All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and sales from any other building or structure are prohibited. Temporary stands shall comply with the following provisions:

A. Fireworks stands shall be erected under the supervision of the building official, who shall require that stands be constructed in a manner that will reasonably assure the safety of attendants and patrons based upon the following criteria:

1. No stand shall have a floor area in excess of four hundred (400) square feet. Fireworks stands shall be constructed entirely out of metal and shall have metal flooring attached;

2. All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least twenty-five (25) feet surrounding the stand;

3. Each stand must have at least two exits, and each stand in excess of forty (40) feet in length must have at least three exits spaced approximate equal distance apart and in no case shall the distance between exits exceed twenty-four (24) feet;

4. Each stand shall be provided with two (2) two and one-half-gallon pressurized water type fire extinguishers by each required exit which bears evidence that they have been inspected by a state-licensed agency. Extinguishers shall be in good working order and easily accessible for use in case of fire;

5. Each fireworks stand shall have electrical outlets and electrical wiring in conduit and shall have power provided from on-site sources in such a manner as deemed safe by the fire department. Firework stands with power provided by generators shall be inspected and approved by the fire department prior to operation. Portable generators when used for temporary electrical service shall be located a minimum of twenty-five (25) feet from the fireworks booth when in operation. All electrical wiring must be three-wire, two conductors and a ground wire. Temporary wiring must be protected from damage and if susceptible to moisture be protected by waterproof components. All extension cords and wiring shall comply with the Uniform Electrical Code. An electrical permit and payment of the fee shall be required.

B. No fireworks stand shall be located within twenty-five (25) feet of any building, fifteen (15) feet of a curbline, or within one hundred (100) feet of any gasoline pump. The building official may authorize stands to be located within ten (10) feet of a curbline if it is determined that such placement will not be a hazard to operators or disrupt the normal flow of traffic. No trailer, vehicle, camper, or other object shall be parked within ten (10) feet of the stand.

C. A minimum of eight off-street parking spaces each of which shall be, at least, nine feet by nineteen (19) feet in dimension provided and the parking spaces shall not be located less than ten (10) feet from the stand.

D. A permit to operate shall be issued from the fire department following an inspection for compliance with this chapter and state fire marshal's requirements.

E. "No smoking" signs shall be prominently displayed on and in the stand, and no smoking shall be permitted within twenty-five (25) feet of the stand. In addition, the state license, the city fireworks permit, the temporary sales tax permit; and any Coachella fire department permit shall be displayed in a prominent place in the fireworks stand.

F. A maximum of only two signs advertising the stand, not to exceed sixty-four (64) square feet in area, shall be permitted for each stand.

G. No person or entity other than the permittee organization shall operate a fireworks stand for which the fireworks permit is issued and 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 fireworks stands. No such persons shall be paid any consideration for selling or otherwise participating in the sale of fireworks at such stands.

H. No person under eighteen (18) years of age shall be permitted in a fireworks stand. I. The consumption of alcoholic beverages or the use of narcotics within one hundred (100) feet of a fireworks stand is prohibited and unlawful.

J. Each stand must have an adult in attendance to sell and serve as watchman while fireworks are stored therein. Sleeping or remaining in the stand after close of business each day is forbidden.

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

L. The fireworks stand shall be removed from the temporary location by noon on the seventh day of July.

(Ord. 922 § 1, 2005: prior code § 9-35)

The sale of fireworks shall not begin before noon on the twenty-eighth day of June and shall not continue after noon on the fifth day of July.

(Ord. 892 § 11, 2003: prior code § 9-36)

Each organization operating a fireworks stand pursuant to a fireworks permit shall submit to the director of finance or designee a form showing the gross sales from fireworks by July 15. The director of finance or designee shall be entitled to inspect all financial records of the permittee organization during and up to one year after the sale of fireworks pursuant to a fireworks permit in this chapter. Each permittee organization shall allow such inspection within five days of a notice for inspection issued by the director of finance or designee. Failure to comply with these requirements shall result in a denial of a fireworks permit to such organization for three subsequent years.

(Prior code § 9-37)

(Ord. No. 1019, § 5, 6-23-10)

It is unlawful for any person to ignite, explode, project, or otherwise fire or use, or permit the ignition, explosion, or projection of any fireworks upon, over, or onto the property of another, or to ignite, explode, project, or otherwise fire or make use of any fireworks within twenty-five (25) feet of any residence, dwelling, or other structure.

(Prior code § 9-38)

Except as provided in this chapter, no manufacturer, importer, exporter or wholesaler of fireworks shall offer for sale or sell, at wholesale, any fireworks of any kind without having first applied for and received a wholesale permit therefor from the director of finance or designee. All applications for a wholesale permit to sell fireworks shall:

A. Be made in writing, accompanied by the fee charged as stated in the comprehensive fee schedule;

B. Be made only between the fifteenth day of February and the fifteenth day of March of each calendar year;

C. Be accompanied by or assurance that if the wholesale permit is issued to applicant, applicant shall, at the time of receipt of the wholesale permit deliver to the director of finance or designee of the city, a one million dollar ($1,000,000.00) public liability and one million dollar ($1,000,000.00) property damage insurance certificate with riders attached to the policies designating the city as an additional insured thereunder;

D. It shall contain such other information as may be required by the director of finance;

E. It shall contain a statement that fireworks will not be furnished, sold, distributed, or placed in the possession of any person or organization in the city, or for sale, use or distribution in the city, unless such person or organization holds a valid and unrevoked fireworks permit from the city to so possess, sell, use, or distribute the fireworks.

(Prior code § 9-39)

(Ord. No. 1019, § 6, 6-23-10)

Safe and sane fireworks may be stored within the city in compliance with the following provisions:

A. Buildings or parts of buildings used for the storage of safe and sane fireworks shall be classified as Group H, Division 1, occupancies, as provided in the Uniform Building Code, 1988 edition, and shall meet all requirements for such occupancies. However, under no condition shall any building or parts of buildings be used that are not provided with any automatic sprinkler system that is designed for this type of occupancy and has been inspected and tested by the Coachella fire district.

B. Stacks of merchandise shall be limited in size to three thousand two hundred (3,200) cubic feet and each stack shall be separated from other stacks by ten-foot side aisles. Height of stack shall be eight feet, length of stack, fifty (50) feet, and width of stack, eight feet.

(Prior code § 9-40)

A. Misdemeanor. Any person violating any provision of this chapter is guilty of a misdemeanor and upon conviction thereof is punishable pursuant to Section 1.08.010(C) of this code.

B. Seizure of Fireworks. In addition to the penalties in this chapter, the fire chief shall seize, take, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks offered or exposed for sale, or held in violation of this chapter.

C. Revocation of License. In addition to the penalties in this chapter, any permittee or organization violating the provisions of this chapter shall forfeit its fireworks permit upon the order of the director of finance and such forfeiture may be the basis to deny that organization a fireworks permit in future years.

(Prior code § 9-41)