Colton Municipal Code Ch. 6.32 Fireworks

Footnotes:

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Editor's note— Ord. No. O-05-15, § 1, March 17, 2015, amended Ch. 6.32 in its entirety to read as herein set out. Former Ch. 6.32, §§ 6.32.010—6.32.170, pertained to similar subject matter, and derived from Ord. 1493, O-5-88; Ord. O-10-92; Ord. O-19-94; Ord. 0-8-96 § 1 (part), 1996; Ord. 0-10-05 § 1, 2005; and Ord. 0-09-06 § 1, 2006.

A. "Safe and Sane" Fireworks, as defined by Section 12529 of the Health and Safety Code of the State of California, May be sold and Discharged within the City during the period beginning at 12:00 noon on the twenty-eighth day of June and ending at 12:00 midnight on the fifth day of July of each year, pursuant to the provisions of this chapter and not otherwise.

B. All fireworks that are not "Safe and Sane" Fireworks, as defined by Health and Safety Code Section 12529, are prohibited to be sold, used, Discharged or possessed in any location within the City and at all times.

C. Any property owner or Person in control of property who allows a Person to sell, use, Discharge or possess fireworks that are not "Safe and Sane" Fireworks on the property owned by such Person or under such Person's control Shall be in violation of this section, irrespective of such Person's intent, knowledge or negligence, said violation hereby being expressly declared a strict liability offense.

(Ord. No. O-05-15, § 1, 3-17-2015)

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Based in Colton" means primarily operating within the City limits of Colton and comprised of and for the benefit of the residents of the City.

"Church" means a State-certified tax-exempt religious organization.

"Civic Organization" means a State-certified nonprofit organization organized primarily for charitable purposes.

"Fire Chief" means to include his/her Authorized Representatives.

"New Organization" is a Church, Civic or Youth Organization that as of the date of adoption of Ordinance No. 0-12-22, has not been issued a license to sell fireworks by resolution of the City Council during the time period between noon on the twenty-eighth day of June in the year 2022 and midnight on the fifth day of July in the year 2022.

"Qualified Organization" means a Church, Civic or Youth Organization that, as of the date of adoption of Ordinance No. O-12-22, has been issued a license to sell fireworks by resolution of the City Council during the time period between noon on the twenty-eighth day of June in the year 2022 and midnight on the fifth day of July in the year 2022.

"State certified" means an organization recognized as exempt from Federal income tax under Section 501(c)(3) of the Internal Revenue Code.

"Wholesaler" means any person, other than an importer, exporter, or manufacturer selling only to wholesalers, who sells fireworks to a retailer or any other person for resale.

"Youth Organization" means a State certified private organization organized for the purpose of participating in organized sports or civic activities consisting of at least twenty individual members whose maximum age does not exceed eighteen years of age. In addition, seventy-five percent or more of the members Shall be residents of the City of Colton.

(Ord. No. O-05-15, § 1, 3-17-2015; Ord. No. O-02-21, § 1, 3-2-2021; Ord. No. O-12-22, § 1, 10-4-2022)

Except as provided herein, no Person Shall offer for sale or sell at retail any fireworks of any kind in the City without having first applied for and received a license therefor.

(Ord. No. O-05-15, § 1, 3-17-2015)

Applications for a license to sell fireworks Shall:

A. Be made annually by any Qualified Organization that wishes to offer for sale or sell at retail any fireworks of any kind;

B. Be made in writing accompanied by a nonrefundable permit fee of $428.00, and inspection fee of $285.00 (after hour inspections will require and additional fee of $29.00, and a signed manufacturers firework booth agreement with payment for $1,367.15 per booth. The fee will be used to defray the administrative costs of the fireworks program and enforcement of firework activities;

C. Be made between the third and tenth day of May each year, except when the last day falls on a Friday, Saturday or Sunday, the following business day Shall be determined to be the last day;

D. Set forth the proposed location of the fireworks stand applied for. The stands must be on private property located in a commercial or industrial zone and the written permission of the owner of record or lessee must accompany the application. However, firework stands will not be located within a quarter (¼) mile of the Very High Fire Hazard Zone at the intersection of South Cooley Drive and Barton Road or within one (1) mile of the Very High Fire Hazard Zone at the intersection of Maryknoll Drive and South La Cadena Drive or as determined by the Fire Chief or designee;

E. Be accompanied by an assurance that, if the license is issued to applicant, applicant shall, at the time of receipt of the license, deliver to the Fire Department of the City, three hundred thousand dollars public liability and fifty thousand dollars property damage insurance certificates designating the City as an additional insured thereunder, and a copy of the requisite license from the State Fire Marshal;

F. Make written application to the City's Fire Department, Fire Safety Division at least ten days prior to booth opening for a permit as required by Section 12643 of the Health and Safety Code, Regulations from the California Administrative Code, Title 19, Public Safety.

(Ord. No. O-05-15, § 1, 3-17-2015; Ord. No. O-02-21, § 2, 3-2-2021; Ord. No. O-12-22, § 2, 10-4-2022)

The Following qualifications must be met by each applicant for a license issued under this chapter:

A. No license shall be issued to any Person, firm or corporation except State-certified Churches, Civic and Youth Organizations.

B. After September 20, 2022, only Qualified Organizations shall be eligible to apply for a license.

1. A New Organization may not apply for a license after September 20, 2022;

2. A Qualified Organization that fails to apply for a license in any year after the year 2022, shall lose its Qualified Organization status and thereby shall be ineligible to apply for a license in any future year; and

3. A Qualified Organization that fails to report its total proceeds from firework sales as required by Section 6.32.040 shall lose its Qualified Organization status and thereby shall be ineligible to apply for a license in any future year.

C. Each Qualified Organization must have its principal and permanent meeting place in the corporate limits of the City; must maintain a bona fide membership of at least twenty members; and must have been organized and established in the City's corporate limits for a minimum of two years continuously preceding the filing of the application for the license.

D. A Qualified Organization applying for a license shall represent the undivided entirety or base group and shall not be permitted to separate into an aggregation of subgroups or clubs affiliated with the parent organization. The entire individual group, club or organization associated with an Institution or organization shall be considered as one single applicant. The intent and purpose for treating all organizations as a single entity is to ensure that the selection process is equitable and that no one organization with multiple subgroups will have an unfair advantage over other single purpose organizations.

E. Where such a Qualified Organization's principal purpose is the advancement of youth's interests such as sports organizations, only bona fide, currently registered youth members of such organization shall be counted as "members" for the purposes of subsection C of this section.

F. No less than ninety percent of the proceeds derived from the sale of fireworks in the City by the Qualified Organization shall be utilized for the direct advancement of charitable, religious, youth or civic purposes of such organization. Forty-five (45) days after July fifth of each year, a Qualified Organization that is granted a license hereunder and that does operate a Firework Booth, shall submit to the Fire Department an account of the total proceeds from the Qualified Organization's sales to facilitate a determination of compliance with the provisions of this Chapter.

G. No Qualified Organization may receive more than one license for fireworks sale during any one calendar year.

H. One license may be issued to two or more Qualified Organizations as a joint venture.

I. Bylaws of Qualified Organizations and verification of current 501(c)(3) Tax Exempt status must be provided with any application submitted under this chapter.

(Ord. No. O-05-15, § 1, 3-17-2015; Ord. No. O-02-21, § 3, 3-2-2021; Ord. No. O-12-22, § 3, 10-4-2022)

Forty-five (45) days after July fifth of each year, any fireworks wholesaler who has supplied one or more Qualified Organizations with fireworks in that year, shall submit to the Fire Department the following:

A. A separate accounting of the wholesaler's gross sales to each Qualified Organization, to which the wholesaler sold fireworks in that year.

Any fireworks wholesaler, who fails to comply with Subsection 6.32.055 shall be prohibited from setting or supplying any firework booths, in the city, the following year.

(Ord. No. O-12-22, § 4, 10-4-2022)

The maximum total number of licenses that the City may issue each year shall be equal to the total number of licenses issued to Qualified Organizations in the immediately preceding year, not to exceed 12 licenses per year. By way of example, if the City issues only twelve licenses to Qualified Organizations in a single year, then the following year, the City may only issue twelve licenses to Qualified Organizations.

For purposes of this Section, if, in a single year, a license is issued to two or more Qualified Organizations as a joint venture, pursuant to Section 6.32.050(H) of this Code, then, for purposes of determining the total number of licenses that may be issued in the following year, the total number of licenses issued in that single year shall be deemed to be equal to the total number of Qualified Organizations issued a license in that single year. By way of example, if in a single year nine Qualified Organizations are issued a license to sell fireworks as an individual entity and two Qualified Organizations are issued a license to sell fireworks as a joint venture, then, the following year, the City may issue a maximum of ten licenses.

(Ord. No. O-05-15, § 1, 3-17-2015; Ord. No. O-02-19, § 2, 5-7-2019; Ord. No. O-12-22, § 5, 10-4-2022)

All applications received Shall be reviewed for compliance with this chapter by a committee consisting of one representative from the Fire Department, one representative from the Community Services Department and one representative from the City Manager's Office.

All newly approved applications Shall be forwarded to the City Council for consideration and appointment by resolution.

(Ord. No. O-05-15, § 1, 3-17-2015)

Applicants for any such license Shall be notified by the Fire Department of the City by May 31 st of the acceptance or rejection of such application for license.

Qualified Organizations licensed for the selling of fireworks are required to obtain a Temporary Sales Tax Permit from the regional office of the State Board of Equalization.

(Ord. No. O-05-15, § 1, 3-17-2015; Ord. No. O-02-21, § 4, 3-2-2021; Ord. No. O-12-22, § 6, 10-4-2022)

License to sell fireworks and Temporary Sales Tax Permit Shall be displayed in a prominent place in the fireworks stand.

(Ord. No. O-05-15, § 1, 3-17-2015)

A. No Person other than the licensee organization Shall operate the stand for which the license is issued or share or otherwise participate in the profits of the operation of such stand.

EXCEPTION: Except as allowed by Section 6.32.050G.

B. No Person other than the individuals who are members of the licensee organization, or the wives or husbands or children sixteen years of age or older of such members, Shall sell fireworks at such stand.

EXCEPTION: Except as allowed by Section 6.32.050G.

C. No Person Shall be paid any consideration for selling or otherwise participating in the sale of fireworks at such stand.

D. Licensee Shall sell only at the stand described in its application. A licensee Shall not operate more than one stand.

(Ord. No. O-05-15, § 1, 3-17-2015)

All retail sales of "Safe and Sane" fireworks Shall be permitted only for within a temporary fireworks stand and sales from any other building or structure is prohibited. Temporary stands Shall be subject to the following provisions:

A. The temporary stand's site location Shall be approved the Fire Department.

B. Temporary fireworks stands Shall be constructed entirely out of metal or synthetic materials or demonstrated low flammability and Shall have metal flooring attached. Temporary fireworks stands need not comply with the provisions of the City Building Code; provided, however, that all stands Shall be erected under the supervision of the Building Official and Shall be constructed in a manner that will reasonably ensure the safety of attendants and patrons.

C. No fireworks stand Shall be located within twenty-five feet of any other building or within one hundred feet of any fuel dispensing operations.

D. No stand Shall have a floor area in excess of four hundred square feet.

E. Each stand in excess of twenty-four feet in length must have at least two exits; and each stand in excess of forty feet in length must have at least three exits spaced approximately equidistantly apart; provided, however, that in no case Shall the distance between exits exceed twenty-four feet.

F. Each stand Shall be provided with a minimum of two, two and one-half gallon pressurized water type portable fire extinguishers or two ABC dry chemical type portable fire extinguishers with a minimum rating of 2A10BC.

G. There Shall be no other structures or containers for the storage of surplus fireworks allowed at the site.

(Ord. No. O-05-15, § 1, 3-17-2015)

A. All weeds and combustible material Shall be cleared from the location of the stand including a distance of at least twenty-five feet surrounding the stand.

B. "No Smoking" signs Shall be prominently displayed on the fireworks stand.

C. Each stand must have an adult in attendance and in charge thereof while fireworks are stored therein. Sleeping or remaining in stand after close of business each day is forbidden.

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

E. All unsold stock and accompanying litter Shall be removed from the location by five p.m. on the sixth day of July.

F. The fireworks stand Shall be removed from the temporary location by noon on the fourteenth day of July and all accompanying litter Shall be cleared from the location by said time and date.

G. Portable generators when used for temporary electrical service Shall be located a minimum of twenty-five feet from the fireworks booth when in operation.

H. A clear space of twenty-five feet Shall be maintained around all portions of the fireworks booth using barrier tape, signs or other suitable means as approved by the Fire Chief.

I. The Fire Department issued permit Shall be prominently displayed in each fireworks stand.

J. All accumulated litter and trash Shall be removed from the booth daily.

(Ord. No. O-05-15, § 1, 3-17-2015; Ord. No. O-02-21, § 5, 3-2-2021; Ord. No. O-12-22, § 7, 10-4-2022)

It is unlawful for any Person to ignite, explode, project, or otherwise fire or use, any fireworks, or permit the ignition, explosion or projection thereof, upon or over or onto the property of another without his consent, or to ignite, explode, project or otherwise fire or make use of, any fireworks within ten feet of any residence, dwelling or other structure used as a place of habitation by human beings.

(Ord. No. O-05-15, § 1, 3-17-2015)

A. The use of "Safe and Sane" Fireworks, as defined by the Health and Safety Code, Section 12529, in the City Shall be limited to private property except as otherwise provided herein. No fireworks Shall be Discharged on public, semipublic or private open areas such as parking lots, vacant properties or in a public street or right-of-way, except in public parks and those areas approved by the Chief of the Fire Department.

B. It is unlawful for any Person to allow or permit a fire nuisance as defined by Section 12510 of the Health and Safety Code. No fireworks Shall be Discharged in any high fire hazard areas within the City as determined by the Fire Chief.

(Ord. No. O-05-15, § 1, 3-17-2015)

A. The provisions of this chapter are in addition to applicable State Law, including the California Administrative Code, Title 19, Article 5, Section 993, which requires a license from the State Fire Marshal. Each package of fireworks Shall be marked as "Safe and Sane" fireworks and Shall bear the State Fire Marshal's classification label.

B. All criminal and administrative penalties that apply to violations of this chapter Shall also apply to any violation of Chapter 15.16 of this Code.

(Ord. No. O-05-15, § 1, 3-17-2015)

A. Purpose: This Section authorizes the imposition of administrative fines on any person, who violates any provision of this Chapter to encourage and obtain compliance with the provisions of this Chapter for the benefit and protection of the entire community. This Section governs the imposition, enforcement, collection, and administrative review of all administrative fines related to: the possession, use, storage, sale, and/or display of dangerous fireworks, with the exception of a pyrotechnic licensee when operating pursuant to that license; and the use of safe and sane fireworks on or at dates, times and/or locations other than those permitted by this Chapter. Said administrative fines are imposed under authority of Government Code section 53069.4, Health and Safety Code section 12557, and the police power of the City.

1. Persons violating this Chapter shall be deemed guilty of a misdemeanor. The issuance of an administrative fine to any person pursuant to this Section constitutes but one remedy of the City to redress violations of this Code by any person. Nothing contained in this Section is intended to or shall be construed as limiting the authority of the City to employ any other remedy, civil or criminal, to redress any violation of this code by any person, which the City may otherwise pursue.

2. The imposition of fines related to dangerous fireworks under this Chapter shall be limited to persons who possess, sell, use and/or display, or the seizure of, twenty-five (25) pounds or less (gross weight) of such dangerous fireworks.

3. Fines collected pursuant to this Section related to dangerous fireworks shall not be subject to Health and Safety Code section 12706. However, fines collected pursuant to this Section related to dangerous fireworks shall be subject to Health and Safety Code section 12726, which section provides that sixty five (65) percent of all administrative fines or penalties collected by the City shall be forwarded to the Controller of the State of California for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund, as described in Health and Safety Code section 12728.

4. Because of the serious threat of fire or injury posed by the use of "dangerous fireworks" that can result from persistent or repeated failures to comply with the provisions of this Chapter and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety and welfare, this Section imposes strict civil liability upon the owners of residential real property for all violations of this code existing on their residential real property. Each contiguous use, display and/or possession shall constitute a separate violation and shall be subject to a separate administrative fine.

B. Issuance of Administrative Citations

1. Whenever a City Code Enforcement Officer determines that a violation of this Chapter has occurred, the Code 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.

2. Each administrative citation issued under authority of this Section shall contain all of the information listed in Section 8.12.030(B) of this Code.

C. Administrative Fines: Each person who violates any provision of this Chapter shall be subject to the imposition and payment of an administrative fine or fines as provided below:

D. Administrative Appeal: Any person issued an administrative fine under authority of this Section shall be entitled to an administrative appeal hearing in accordance with the procedures set forth in Chapter 8.12 of this Code.

(Ord. No. O-05-15, § 1, 3-17-2015; Ord. No. O-04-18, § 2, 3-6-2018; Ord. No. O-02-21, § 6, 3-2-2021; Ord. No. O-12-22, § 8, 10-4-2022)