Article III — Fireworks

4. For state law as to fireworks generally, see H. & S.C., § 12500 et seq.

(a)

No person shall sell or offer for sale or expose for sale at retail for use within the city, any squib, rocket, firecracker, Roman candle or fire balloon, or other explosive type fireworks, or any article for the making of a pyrotechnical display, within the incorporated area of the city; except, that such fireworks as are defined and classified as "safe and sane fireworks" by section 12504 of the Health and Safety Code of the state, may be sold and displayed as hereinafter provided.

(b)

Nothing herein contained shall prohibit any discharge or display of fireworks at any public gathering or patriotic celebration; provided, that a permit for such discharge or display has been obtained from the chief of the fire department, hereinafter referred to as the "fire chief." It shall be the duty of the person to whom the application for a permit is made to make an investigation as to whether such display as proposed will be of such a character and so located that it may be hazardous to property or dangerous to any person, and he shall exercise reasonable discretion in granting or denying the application, subject to such reasonable conditions, if any, as he may prescribe. The application for such permit must be made at least one week before the date on which said fireworks are to be used or displayed. The fire chief may for good cause, waive the time of filing the application.

(Ord. No. 261, § 1.)

It shall be unlawful for any person to sell fireworks within the incorporated areas of the city without having first applied for and received a city permit therefor. Such city permits shall authorize the sale of "safe and sane" fireworks only.

(Ord. No. 261, § 2.)

(a)

No permit shall be issued to any person except nonprofit organizations or corporations organized primarily for veterans, patriotic, welfare, educational, civic betterment or charitable purposes.

(b)

Each such organization or corporation shall have its principal and permanent meeting place in the city, and must have been organized and established in the city for a minimum of one year continuously, immediately preceding the filing of the application for a permit, and must have a bona fide membership of at least fifteen members.

(c)

No person shall possess more than one permit or license to sell fireworks, whether such permit or license is issued by the city or by any city within the county.

(Ord. No. 261, § 3.)

(a)

All applications for permits shall be in writing to the city clerk, on forms provided by the city, and shall be accompanied by a license issued by the state fire marshal and a permit fee in the amount of fifteen dollars.

(b)

The application shall be made in triplicate, and the applicant shall ascertain and state in the application the proposed location of the fireworks stand applied for. The original of the application shall be retained by the city, one copy thereof shall be sent to the fire chief, and one copy thereof shall be sent to the building inspection division of the city.

(c)

The application shall state the name, address and telephone number of one or more responsible adults who will be in charge of and responsible for the fireworks stand during the period fireworks are sold, displayed or stored.

(d)

All applications shall be made on or prior to the second Tuesday in April of each year.

(e)

Qualified applicants for a permit shall be notified by the city clerk of the tentative approval of the application for a permit by the first Monday in May of each calendar year.

(f)

Within two weeks of the notification of the tentative approval of the permit, the applicant shall furnish to the city evidence of a public liability and property damage insurance policy in an amount of not less than fifty thousand dollars for injury or death to one person, one hundred thousand dollars for all injuries or deaths resulting from one occurrence and twenty-five thousand dollars for property damage, with riders attached to the policy designating the city as an additional insured thereunder. The applicant shall also furnish evidence of insurance coverage under a products liability insurance policy covering all merchandise sold by the applicants. The products liability insurance policy shall be in an amount of not less than one hundred thousand dollars for injury or death to one person, three hundred thousand dollars for injuries or deaths resulting from one occurrence, one hundred thousand dollars for property damage resulting from any one occurrence and three hundred thousand dollars in the aggregate.

(g)

The city shall issue the permit to the applicant upon the presentation to the city clerk of the evidence of a public liability and property damage insurance policy and a products liability insurance policy as hereinabove specified.

(Ord. No. 261, § 4.)

(a)

No person other than the organization to which the permit is issued, shall operate the fireworks stand for which the permit is issued, or share or otherwise participate in the profits from the operation of such stand,

(b)

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

(c)

No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at any stand.

(d)

Each fireworks stand shall have an adult watchman in attendance and in charge thereof while the stand is being used for the sale, offering for sale, display, or storage of fireworks. No watchman shall be required while a fireworks stand is used solely for the storage of fireworks, if the stand has been approved for storage of fireworks by the fire chief.

(e)

All fireworks shall be retained at the approved location of the fireworks stand at all times, and in no event shall fireworks, other than those which have been sold, be removed from the approved location to any other place; except, that fireworks may be transported from the approved location to any other location which has been approved by the fire chief.

(Ord. No. 261, § 5.)

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 hereby prohibited. Temporary stands shall be subject to the following provisions:

(1)

Fireworks stands shall be located on any property in the city, subject to all ordinances applicable.

(2)

No fireworks stand shall be located within twenty-five feet of any other building or within fifty feet of any gasoline station.

(3)

Fireworks stands in excess of two shall not be located closer than six hundred feet apart.

(4)

Fireworks stands need not comply with the provisions of the Building Code of the city; provided, that all stands shall be erected under the supervision of the city building inspector, who shall require that stands be constructed in a manner which will reasonably insure safety of attendants and patrons.

(5)

Each stand in excess of twenty feet in length must have at least two approved exits; and each stand in excess of forty feet in length must have at least three approved exits spaced approximately equidistant apart; provided, that in no case shall the distance between exits exceed twenty feet.

(Ord. No. 261, § 6.)

(a)

Each fireworks stand shall be provided with two two and one half gallon "water type" fire extinguishers, approved by the fire chief, in good working order and easily accessible, for use in case of fire.

(b)

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

(c)

"NO SMOKING" signs shall be prominently displayed on each fireworks stand.

(Ord. No. 261, § 7.)

(a)

The sale of fireworks shall not begin before 12:00 Noon, on the 28th day of June, and shall not continue after 12:00 Midnight, on the 5th day of July. Discharge of fireworks shall only be legal during the periods fireworks may be sold as hereinabove specified.

(b)

Fireworks stands shall be removed from the temporary locations by 12:00 noon, on or before the 10th day of July, and all accompanying litter shall be cleared from the locations by such time and date,

(c)

It shall be the responsibility of the building inspector and the fire chief to determine that the construction and location standards and the fire safety standards required by this article are satisfied. The building inspector and fire chief are hereby empowered to take up and cancel any permit issued by the city pursuant to this article, or to recommend to the city council that no fireworks permit be issued to a particular organization in the future, in any case of violation of the provisions of this article.

(Ord. No. 261, § 8.)