Corcoran Municipal Code Ch. 8 Fireworks

The city of Corcoran has determined that in order to protect the health, safety, and welfare of its citizens, it is necessary to regulate the sale and discharge of safe and sane fireworks. (Ord. 597, 8-6-2007)

A. It shall be unlawful for any person to sell, offer for sale or display for sale any "safe and sane fireworks" as defined in section 12529 of the Health and Safety Code of the state (hereinafter "fireworks"), within the incorporated areas of the city, or any other area over which the city has jurisdiction, without first obtaining a permit therefor from the office of the city manager or his/her designee as provided herein.

B. Fireworks may be sold only from June 28 to July 4 of any year, unless July 4 falls on a Sunday, in which case the period for sale of fireworks ends on July 5. The hours of operation of any stand shall be limited to twelve o'clock (12:00) noon to eleven o'clock (11:00) P.M. on June 28 and nine o'clock (9:00) A.M. to eleven o'clock (11:00) P.M. daily during the other days identified above except the last day when sales must cease no later than twelve o'clock (12:00) midnight. The sale of any fireworks shall be made strictly in accordance with the provisions of this chapter and/or resolutions and/or regulations as enacted from time to time and state law. (Ord. 597, 8-6-2007)

It shall be unlawful for any person to fire, set off, discharge, explode or use or to cause or to permit to be fired, set off, discharged, exploded or used, any fireworks within the incorporated area of the city or any other area over which the city has jurisdiction, except from nine o'clock (9:00) A.M. on July 1 and ending at twelve o'clock (12:00) midnight on July 4 of any year, unless July 4 falls on a Sunday, in which case the period ends at twelve o'clock (12:00) midnight on July 5. (Ord. 597, 8-6-2007)

Applicants must be a nonprofit organization, association or corporation. Each applicant must have had its principal place of business and a permanent meeting place within the city for a period of at least one year prior to the date of application for a permit. Each applicant shall provide any and all documentation that the office of the city manager or his/her designee may request or require pursuant to resolutions that may be passed or modified from time to time in order to establish that all requirements of this section have been satisfied. (Ord. 597, 8-6-2007)

A. All applications for a fireworks permit shall comply with the provisions of section 12500 et seq., of the California Health and Safety Code and subchapter 6, article V, of title 19 California Administrative Code, any and all rules and regulations established by the state of California, the city or the city manager or his/her designees, and in addition shall be governed by the following:

1. An application for a fireworks permit shall be filed with the office of the city manager or his/her designee on or before June 1 of each year, along with payment of a nonrefundable permit fee established by resolution of the city council.

2. The city manager, or his/her designee, shall issue permits. Permits denied for failure to comply with any ordinance, resolution, or regulation required by the city may be appealed to the city council.

3. No fireworks permit will be granted to the applicant if the following items are not properly and completely prepared and presented to the office of the city manager, or his/her designee, on or before June 1 of the calendar year during which the fireworks will be sold:

a. State fire marshal's license;

b. Temporary seller's permit from the state board of equalization;

c. Property owner's permission form (original) signed and currently dated;

d. Storage of safe and sane fireworks form;

e. Address of property where stand will be located; and

f. Certificate of insurance as required by the city.

The office of the city manager, or his/her designee, may extend the June 1 filing date if the office of the city manager, or his/her designee, determines in his or her sole discretion, that an applicant has attempted in good faith and with due diligence to satisfy all of the requirements in subsections A1 and A3 of this section and that as a result of action or inaction on the part of other persons or entities, which are beyond the applicant's control, the applicant has been unable to satisfy the requirements of subsection A1 or A3 of this section within the required time periods.

4. No change of stand locations will be permitted without the prior approval of the office of the city manager, or his/her designee.

5. All fireworks stands must be removed on or before twelve o'clock (12:00) midnight July 5 of each respective year, unless July 4 falls on a Sunday, in which case the period for the stand removal ends at twelve o'clock (12:00) midnight on July 6, provided, however, that all unsold fireworks stock and accompanying litter shall be removed from the stand on or before five o'clock (5:00) P.M. on the last day.

6. No person shall sell, or offer for sale, any fireworks within a distance of one hundred feet (100') of any pump or dispensing device of any flammable liquids.

7. No fireworks stand shall be located within thirty feet (30') of any adjacent buildings, burnable materials, grass or brush covered lands, paper or like flammable materials.

8. No fireworks stand shall be located closer than ten feet (10') from any public roadway or back of curb, or in any location which does not otherwise meet the approval of the office of the city manager, or his/her designee.

9. No sale or display of fireworks will be allowed inside any permanent building.

10. Each fireworks stand shall have a minimum of two (2) exits which shall be located and provided on opposite sides. Each exit shall be at least thirty two inches (32") wide. Fireworks stands with only three (3) sides and open from the back will not require exits.

11. If stands are operated at night, only electric lights may be used.

12. "No smoking" signs shall be located on all sides of the stand. Each sign shall have the words "No Smoking" in red letters, not less than two inches (2") in height, with the minimum one and one-half (11/2) stroke on white background.

13. One approved two and one-half (21/2) gallon pressurized, water type fire extinguisher and/or one 5-pound multipurpose ABC fire extinguisher or garden hose fully charged with shutoff nozzle attached, shall be provided in the stand's sale area. There shall be no exceptions to this requirement. The fire extinguisher must be in operating condition, with an up to date inspection tag indicating that the fire extinguisher has been serviced within the past year.

14. Fireworks signs shall not create a traffic hazard and must be approved by the office of the city manager or his/her designee.

15. All permittees shall instruct all employees and persons who handle fireworks in any capacity, of the hazards of said fireworks and with these rules and safety precautions governing fireworks.

16. All persons selling fireworks shall be trained in emergency procedures, including use of the fire extinguishers.

17. Persons employed for the sale of fireworks shall be at least eighteen (18) years of age. Proof must be shown at any time when requested by any appropriate city official, including, without limitation, fire officials.

18. No person under sixteen (16) years of age shall purchase fireworks.

19. No sleeping inside the fireworks stand will be permitted at any time.

20. The stand and surrounding area shall be maintained in a clean, neat and orderly condition at all times and be free from any condition that would create a "fire nuisance" or potential "fire nuisance".

21. No person shall use or handle fireworks while under the influence of intoxicating liquids or narcotics. Alcohol and narcotics are prohibited within the fireworks stand.

22. Smoking shall be prohibited where fireworks are stored or handled.

23. No person, other than a member or employee of the organization, or a volunteer who is associated with the organization having a permit shall be permitted to sell or otherwise participate in the sale of fireworks.

24. No permit issued or authorized shall be transferable or assignable.

25. No person shall light, or cause to be lighted, any fireworks or other combustible article within any stand or within two hundred feet (200') thereof.

26. The applicant's state license and city fireworks permit and temporary sales permit issued by the state board of equalization shall be displayed in a prominent place in the fireworks stand.

27. The city will, by resolution, determine each year the number of fireworks stands allowed and the number of fireworks stands allowed per applicant. If no such resolution exists in any given year, the number of fireworks stands allowed and the number of fireworks stands allowed per applicant, shall rest solely in the discretion of the office of the city manager or his/her designee. (Ord. 597, 8-6-2007)

Prior to issuance of a permit, the eligible organization shall procure a certificate of insurance acceptable to the city. The certificate shall name the city, its officers, agents and employees as additional insureds in an amount of not less than one million dollars ($1,000,000.00) combined bodily injury and property damage for each occurrence. The certificate must specify the time, location and dates to be covered by the policy. (Ord. 597, 8-6-2007)

Any violation of these provisions or any other city ordinance, resolution, regulation, or the terms and conditions of the permit, or state law or administrative regulations, or safety rules of the city manager, or his/her designee, as adopted and modified from time to time, shall be grounds for immediate revocation of the permit. Any such violation shall be determined in the sole discretion of the city manager or his/her designee. The decision of the city manager or his/her designee, with regards to revocation may be appealed to the city council. (Ord. 597, 8-6-2007)

Each year the city council shall, by resolution, decide what areas, if any, of the city are declared to be primarily fallow, or grass or brush covered lands particularly susceptible to damage by fires. It shall be unlawful for any person to use or discharge any fireworks of any kind or nature in these designated areas. If the city council fails to pass such a resolution, then such designation shall be the responsibility of the city manager or his/her designee. (Ord. 597, 8-6-2007)