Cudahy Municipal Code Ch. 8.52 Fireworks

(1) For the purpose of this chapter, the most current adopted version of Section 12500 et seq. of the California Health and Safety Code (the “State Fireworks Law”) will define the terms used unless otherwise noted.

(2) With regard to the administrative fine procedure delineated in this chapter, the following definitions shall apply:

(a) “Citee” means any person served with an administrative citation charging him or her as a responsible person for violation.

(b) “Citation” means an administrative citation issued pursuant to this section to remedy a violation.

(c) “Code” means the Cudahy Municipal Code.

(d) “Issuance” or “issued” means any of the following:

(i) The preparation and service of an administrative fine citation to a citee in the same manner as a summons in a civil action in accordance with Article III (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the California Code of Civil Procedure; or

(ii) Mailing of an administrative fine citation to the citee by certified mail, with return receipt, to the address shown on the official records of the county assessor; or

(iii) By personally serving the responsible party by personal delivery of the administrative fine citation or by substituted service, which may be accomplished by leaving a copy at the recipient’s dwelling or usual place of abode, in the presence of a competent member of the household, and thereafter mailing by first class mail, postage prepaid, a copy to the recipient at the address where the copy was left.

(e) “Hearing officer” means the person appointed by the city manager to serve as the hearing officer for administrative hearings hereunder.

(f) “Person” means a natural person or a legal entity that is also an owner, tenant, lessee, and/or other person with any right to possession or control of the property where a violation of this code occurred.

(g) “Responsible person” means a person who causes a code violation to occur or allows a violation to exist or continue, by his or her action or failure to act, or whose agent, employee or independent contractor causes a violation to occur or allows a violation to exist or continue. There is a rebuttable presumption that the record owner of a residential parcel, as shown on the county’s latest equalized property taxes assessment rolls, and a lessee of a residential parcel has a notice of any violation existing on said property. For purposes of this chapter, there may be more than one responsible person for a violation. Any person, irrespective of age, found in violation of any provision of this chapter may be issued a citation in accordance with the provisions of this chapter. Every parent, guardian, or other person having the legal care, custody, or control of any person under the age of 18 years, who knows or reasonably should know that a minor is in violation of this chapter, may be issued a citation in accordance with the provisions of this chapter, in addition to any citation that may be issued to the offending minor.

(h) “Violation” or “violates” refers to any violation of any provision of this chapter as well as the failure to comply with any additional requirement imposed on any license and/or approval issued to a person pursuant to this chapter. (Ord. 641 § 3, 2014).

(1) “Safe and sane fireworks” shall only be discharged within the city boundaries between 3:00 p.m. and 10:00 p.m. on July 4th. It shall be unlawful to discharge fireworks at any other time or date of the year.

(2) The only exception to subsection (1) of this section shall be for displays presented by licensed pyrotechnicians with appropriate permits issued by the fire department as verified by the city manager. (Ord. 641 § 3, 2014).

The discharge of “safe and sane fireworks” shall be only in the presence of a responsible adult (minimum 18 years of age). Possession of fireworks by anyone under the age of 18 is a violation of this chapter. The transfer or sale of fireworks from unlicensed individuals is strictly prohibited. (Ord. 641 § 3, 2014).

No person shall discharge any “safe and sane fireworks” upon any city property or public right-of-way without the approval of the fire chief. (Ord. 641 § 3, 2014).

Except as hereinafter provided, it shall be unlawful for any person to store any fireworks or to offer for sale, display for sale, or sell at any retailer any fireworks within the city without a valid permit. (Ord. 641 § 3, 2014).

The following qualifications shall be met each year by each applicant for a sales permit for fireworks:

(1) Permits may be issued only to a nonprofit association, as defined by Section 21000 of the Corporations Code, including any association set forth in Section 21200 of such code, or a nonprofit corporation formed and conducted in accordance with Part 3 of Division 2 of Title 1 of the Corporations Code; provided, that such association or corporation has its principal and permanent meeting place situated within the city, has for more than two years continuously maintained a local unit, branch, lodge or club with a bona fide membership of at least 25 members within the city, has a valid and current certificate of tax exemption, as provided in Section 214 of the Revenue and Taxation Code, and is subject to charitable exemptions, as provided in Article 3 of Chapter 4 of Part 9 of Division 2 of the Revenue and Taxation Code.

(2) No city employee organization may be granted such permit.

(3) Unless otherwise authorized by the city manager or designee, completed applications for fireworks sales will be submitted to the community development department no later than April 1st of each year.

(4) A financial statement signed by the treasurer or financial officer of the applicant setting forth the total gross receipts from each stand from which fireworks were sold, all expenses incurred and paid in connection with the purchase of fireworks and the sale thereof, and to whom and for what purpose the net proceeds were disbursed, along with the most recent report filed by the applicant to the State Board of Equalization, shall be filed with the finance department by September 1st.

(5) The filing of such financial statement shall be a condition precedent to the granting of any subsequent permit to any such permittee.

(6) Organizations licensed to sell fireworks shall obtain a temporary sales permit for fireworks sales in the city from the State Board of Equalization. (Ord. 742 §§ 2, 3, 2024; Ord. 641 § 3, 2014).

(1) No one organization may receive more than one permit for fireworks sales during any one calendar year. This limitation shall not apply to groups which have separate charters from parent organizations.

(2) Previous applicants found in violation of this chapter or any fireworks-related code provisions will not be eligible for a fireworks sales permit the following year. (Ord. 742 § 4, 2024; Ord. 641 § 3, 2014).

(1) A minimum distance of 500 feet shall be required between fireworks stands. No more than two stands shall be permitted on any single parcel of property.

(2) Previous applicants found in violation of this chapter or any fireworks related code provisions shall not be eligible for a fireworks sales permit the following year.

(3) A fireworks stand may be located only in the commercial, industrial, and/or mixed-use zones in the city. Firework stands are prohibited in any residential zone.

(4) In the event the community development department receives two or more applications with the same location and/or conflicting distance requirements, priority shall be given to the applications received first. (Ord. 742 § 5, 2024; Ord. 641 § 3, 2014).

It shall be unlawful for any person or group to operate a fireworks stand without complying with all of the following:

(1) 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.

(2) No person other than the individuals who are adult 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 stands. In the event a permit is issued to an organization whose members are physically incapable of carrying on the sales activities, such activities may be performed by volunteers approved by the community development director or designee.

(3) Fireworks may be sold at approved stands only.

(4) No person shall be allowed in the interior of the stands, except those directly employed in the sales of fireworks or those conducting bona fide business within.

(5) All persons engaged in the selling of fireworks shall be age 18 years or older.

(6) Each stand shall have an adult watchperson in attendance and in charge thereof when the stand is not being used for the sale and dispensing of fireworks. No person shall be permitted within the stand from 10:00 p.m. to 10:00 a.m., except on July 4th when the stand may be occupied until 12:00 a.m. midnight.

(7) The sale of fireworks shall only be allowed between the hours of 12:00 p.m. noon and 10:00 p.m. on June 28th through July 4th. The hours of sale shall coincide with state law, Section 12599 of the Health and Safety Code, as amended from time to time.

(8) All unsold stock and accompanying litter shall be removed from the location by 5:00 p.m. on July 5th.

(9) No fireworks shall be sold to any person under the age of 18 years. (Ord. 742 § 5, 2024; Ord. 641 § 3, 2014).

It shall be unlawful for any person to sell or otherwise distribute fireworks without complying with all of the following provisions:

(1) All stands shall be inspected by the building department and found to meet the adopted codes of the city before any sales transactions may occur.

(2) All stands shall be erected according to the provisions of all applicable city codes and laws, except for fire resistive structural requirements which may be waived by the building official.

(3) If, in the judgment of the building official, the construction of the stands or the conduct of the operations therein do not conform to the provisions of this chapter or there exists an immediate hazard to the public health and safety, such officers, or either of them, may order the stands immediately closed.

(4) The front of the fireworks stands shall be completely enclosed from the counter to the roof with hardware wire cloth, the openings of which shall not exceed one-fourth inch in size, except for openings to permit the delivery of the merchandise to the prospective customer, which openings shall not be larger than 12 inches by 18 inches in size.

(5) All merchandise shall be stored or displayed at a distance of not less than one foot from the front and side walls of the stands.

(6) Approval shall be obtained from the building department for each stand prior to its construction. Portable electrical supplies shall require additional approvals.

(7) No stand shall be constructed which has a depth of more than 12 feet.

(8) Each stand up to 30 feet in length shall have at least two exits, and each stand in excess of 30 feet in length shall have at least three exits spaced approximately equal distance apart; provided, however, in no case shall the distance between exits exceed 24 feet.

(9) Exit doors shall swing in the direction of egress.

(10) Exits shall be so arranged that there will be egress available in at least two directions from any place within the stands, and exists shall be located at opposite ends of the stands.

(11) All stands shall be equipped with two water pressure type fire extinguishers in good working order and easily accessible for use in case of fire.

(12) No stand shall be placed closer than 10 feet to a public right-of-way, unless permission is first obtained from the community development department.

(13) No stand shall be placed closer than 20 feet to a side or rear property line, nor closer than 30 feet to any other building or structure, nor closer than 100 feet to a gasoline service station or other occupancy which stores or uses flammable liquids.

(14) All weeds and combustible material shall be cleared from the location of the stand for a distance of at least 20 feet surrounding the stand.

(15) Fireworks stands shall not be erected prior to June 24th and shall be removed from location by 12:00 p.m. noon on July 11th, and all accompanying litter shall be cleared from such location by such time and date.

(16) “No smoking” signs shall be prominently displayed on the exterior of each stand and no smoking shall be permitted within 10 feet of each stand.

(17) Approved rubbish containers in accordance with city standards shall be provided at each stand location. (Ord. 641 § 3, 2014).

(1) This chapter authorizes the imposition of administrative fines on any person who violates any provision of this chapter in order to encourage and obtain compliance with its provisions for the benefit and protection of the entire community. Administrative fines for violations of this chapter shall be imposed, enforced, and collected, and administrative review of administrative fines imposed for violations of this chapter shall be governed by the provisions of Chapter 1.40 CMC. Such administrative fines are imposed under the authority of the California Government Code Section 53069.4, Health and Safety Code Section 12557, and the city’s police power.

(2) The issuance of citations imposing administrative fines may be performed at the discretion of the city officials authorized hereunder, and the issuance of a citation to any person constitutes but one city remedy to redress violations of this chapter by any person.

(3) 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, 25 pounds or less (gross weight) of such dangerous fireworks.

(4) Fines collected pursuant to this chapter related to “dangerous fireworks” shall not be subject to Health and Safety Code Section 12706, which section provides that certain fines collected by a court of the state be deposited with and disbursed by the county treasurer. However, the city shall provide cost reimbursement to the State Fire Marshal pursuant to the regulations to be adopted by the State Fire Marshal addressing the State Fire Marshal’s cost for the transportation and disposal of “dangerous fireworks” seized by the city, which costs will be part of any administrative fine imposed. Unless and until said regulations have been adopted by the state of California, the city shall hold in trust $250.00 or 25 percent of any fine collected, whichever is greater, to cover the cost reimbursement to the State Fire Marshal for said cost of transportation and disposal of the “dangerous fireworks.”

(5) Because of the serious threat of fire or injury posed by the use of “dangerous fireworks,” this chapter imposes strict civil liability upon the owners of residential real property for all violations of this chapter existing on their residential real property. Each contiguous use, display, and/or possession shall constitute a separate violation and shall be subject to separate administrative fine. (Ord. 660 § 2, 2016; Ord. 641 § 3, 2014).

(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 violation and the amount of the administrative fine required to be paid by the responsible persons in accordance with the provisions of this chapter.

(2) Each administrative citation shall contain the following information:

(a) The name, mailing address, date of birth, California driver’s license number, and home and/or business telephone number of the responsible person charged with any violation of this chapter;

(b) The address or description of the location of the violation;

(c) The date or dates on which the person violated this chapter;

(d) The section or sections that were violated;

(e) A description of the violation(s);

(f) The amount of the administrative fine for each violation, the procedure in place to pay the fines, and any late fee and interest charge(s) if not timely paid, and notice that if the city is required to take action to collect such fines, the responsible person may be charged costs and attorneys’ fees;

(g) Notice of the procedure to request an administrative hearing to contest the citation (including the form to be used, how to obtain the form, and the period within which the request must be made in order for it to be considered timely);

(h) The names, addresses, and telephone numbers of any witnesses to the violation(s);

(i) The name and signature of the code enforcement officer who issued the citation and the name and signature of the citee, if he or she is physically present and will sign the citation at the time of its issuance. The refusal of a citee to sign a citation shall not affect its validity or any related subsequent proceedings, nor shall signing a citation constitute an admission that a person is responsible for a violation of this chapter; and

(j) Any other information deemed necessary by the community development director or designee. (Ord. 641 § 3, 2014).

Repealed by Ord. 660. (Ord. 641 § 3, 2014).

Repealed by Ord. 660. (Ord. 641 § 3, 2014).

Repealed by Ord. 660. (Ord. 641 § 3, 2014).

Repealed by Ord. 660. (Ord. 641 § 3, 2014).