Corning Municipal Code Ch. 8.18 Fireworks

Footnotes:

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For the statutory provisions regarding the state regulation of the sale and use of fireworks, see California Health and Safety Code Sec. 12500 et seq. For the provisions regarding the issuance of permits by local agencies, see Health and Safety Code Sec. 12600 et seq.

Except as provided for in this chapter, the sale, offering for sale or the discharge within the city of fireworks of any kind, nature or description, including those devices defined as fireworks in the Health and Safety Code of the State of California, Section 12505, is prohibited.

(Ord. 544 (part), 1994).

A. Annually on July 1st, 2nd, 3rd and 4th and on July 5th if that day is a legal holiday, safe and sane fireworks may be discharged in any area within the city zoned single-family residential, two-family residential and multifamily residential (R-1-2-3-4), and residential agricultural (R-1-a) and within city parks, except as provided in this chapter (as set forth on the official city zoning map). Safe and sane fireworks shall not be discharged at any other time nor in any zone other than provided in this section. Regardless of the zone in which a fireworks stand is located, safe and sane fireworks shall not be discharged within one hundred yards of any such stand.

B. As used in this chapter, "safe and sane fireworks" includes only those fireworks that have been classified and registered as "safe and sane" by the State Fireworks Law and the State Fire Marshal.

(Ord. 544 (part), 1994).

Fireworks may be discharged at any celebration of a public or semipublic nature if a permit authorizing the discharge of fireworks is obtained in advance of the celebration from the fire chief. Any such permit may be issued subject to such conditions as may be necessary for the protection of the public peace and safety.

(Ord. 544 (part), 1994).

A. Upon the receipt on or before April 1st of each year of a written application therefor, the fire chief may issue a permit for the sale of safe and sane fireworks to any nonprofit association or corporation organized for veterans, patriotic, youth serving, civic betterment or charitable purpose which:

1. Has a bona fide sponsoring membership of at least fifteen adults and supports programs solely for the betterment of the community and its non profit organizations;

2. Has:

a. Its principal and permanent meeting place in the city limits,

b. Been organized and established in the city for a minimum of three years continuously preceding the filing of the application for the permit, and

c. A bona fide sponsoring membership of at least fifteen adults who meet regularly within the city;

3. Has obtained a fireworks retail license, issued by the California Fire Marshal.

B. The fire chief shall either grant or deny the permit before May 1st. If the application for the permit is denied, the applicant may appeal to the city council. After such investigation as it deems appropriate, the city council may issue or refuse to issue the permit. If it issues the permit, the city council may attach such conditions to the permit as are required for the protection of the public peace or safety. The decision of the city council upon the application shall be final.

(Ord. 544 (part), 1994).

Applications for a safe and sane fireworks sale permit shall be in writing and shall contain the following:

A. Name and address of the applicant;

B. The applicant's status as a nonprofit organization;

C. The date upon which the applicant was organized and established, and the number of adults who are members of the applicant;

D. The name and address of the officers, if any, of the applicant;

E. The location where the applicant proposed to sell fireworks;

F. The location of the applicant's principal and permanent meeting place;

G. The applicant's State Board of Equalization sales tax permit number;

H. Assurance that if the permit is issued to the applicant, the applicant shall, at the time of receipt of such permit, deliver to the city a copy of a twenty-five thousand dollar/fifty thousand dollar public liability and a five thousand dollar property damage insurance policy issued to the applicant with a rider attached to the policy, designating the city as an additional insured under the policy;

I. Assurance that if the permit is issued to the applicant, the applicant will use the net proceeds from the sale of fireworks for the promotion of youth activities, civic or charitable activities within the city or areas of close proximity which they serve.

(Ord. 544 (part), 1994).

A. The permit shall authorize the sale of safe and sane fireworks beginning at noon on June 28th and ending at noon upon July 5th. If July 5th is a legal holiday, the period of sale shall end at noon on July 6th of the year in which it is issued.

B. The permit shall authorize the sale of safe and sane fireworks only from the temporary stand erected at the location specified in the application. Each applicant shall be limited to one permit a year and each permit shall be limited to one stand.

(Ord. 544 (part), 1994).

All temporary stands for the retail sale of safe and sane fireworks shall be constructed, maintained, operated and removed in the manner and subject to the following conditions:

A. 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 which will reasonably insure the safety of attendants and patrons.

B. 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.

C. 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 stand.

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

E. No person shall be allowed in the interior of the stands except those directly engaged in the sale of fireworks.

F. There shall be at least one adult supervisor on duty on a twenty-four-hour basis during the time the permit authorizes the sale of fireworks, regardless of whether the fireworks stand is open for business or not, with the exception of those stands whose operators remove from the premises, to a safe and secure location, all fireworks during the hours the stand is closed. No person under fourteen years of age shall be allowed inside the booth at any time.

G. Signs stating "SALE OF FIREWORKS TO PERSON UNDER THE AGE OF 16 IS PROHIBITED" shall be prominently displayed both inside and outside the stand.

H. "NO SMOKING" signs shall be prominently displayed both inside and outside the stand. No smoking shall be permitted within the stand or within five feet of the stand. The discharge of fireworks within one hundred feet of any fireworks stand is prohibited.

I. All weeds and combustible material shall be cleared from the site on which the stand is erected. No rubbish shall be allowed to accumulate in or around any fireworks stand, nor shall a fire nuisance be permitted to exist.

J. No stand shall be erected before June 15th of any year. The stand shall be removed from the premises on which it is erected and the premises shall be cleared of all structures and debris not later than noon of July 12th following.

K. All stands shall be equipped with at least one fire extinguisher for each exit in the stand. The fire extinguisher shall be approved as to efficiency and safety by the chief of the fire department.

L. Each stand in excess of twenty feet in length shall have at least two exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed twenty feet.

M. No stand shall be constructed with a depth of more than twelve feet.

N. No stand shall be placed closer than twenty feet to any other building or one hundred feet to any gasoline pump or other fireworks stand.

(Ord. 544 (part), 1994).

If in the opinion of the fire chief or the building official the construction of a temporary fireworks stand or the operation and maintenance of the stand does not conform to the provisions of this chapter, either officer may order that the stand be immediately closed.

(Ord. 544 (part), 1994).

Notwithstanding the foregoing provisions of this chapter, safe and sane fireworks may be sold for the millennium celebration during the period beginning at 9:00 a.m. on December 26, 1999 and ending at noon on January 1, 2000, pursuant to permits applied for on or before November 1,1999 and issued on or before December 1, 1999. Permits issued for this time period will not disqualify the applicants from also being granted permits for the July 4th celebration in 1999 and 2000.

(Ord. 582 (part), 1999).

Notwithstanding the foregoing provisions of this chapter, safe and sane fireworks may be discharged in those areas specified in Section 8.18.020 of this Chapter from 9:00 am. on December 26, 1999 through midnight on January 1, 2000.

(Ord. 582 (part), 1999).