Daly City Municipal Code Ch. 8.24 Fireworks Prohibited

The sale, use and/or discharge of fireworks in the city whether classified as "dangerous fireworks" and/or "safe and sane fireworks" pursuant to Health and Safety Code Sections 12500 et seq., present a serious hazard to the health, welfare and safety of the residents of the city and may encourage the use and/or discharge of fireworks in neighboring jurisdictions where their sale, use and/or discharge are prohibited.

(Ord. 1134 § 2 (part), 1991)

Any and all terms used in this article shall have the same meaning as defined in Health and Safety Code Sections 12500 et seq. and shall govern the construction of this article.

(Ord. 1134 § 2 (part), 1991)

Except as hereinafter provided, no person, firm, corporation or organization shall sell, possess, use, discharge and/or display within the city any fireworks, including, but not limited to, dangerous fireworks and safe and sane fireworks.

(Ord. 1134 § 2 (part), 1991)

Any and all fireworks, including, but not limited to, dangerous fireworks and safe and sane fireworks, which are possessed in the city shall be subject to confiscation by any law enforcement officer and/or fire department official, subject to the exceptions set forth herein.

(Ord. 1134 § 2 (part), 1991)

Nothing in this chapter shall be construed so as to prohibit and does not authorize confiscation of fireworks possessed for the following:

A. The use of torpedoes, flares or fuses by railroads or other transportation agencies for signal purposes or illumination;

B. The sale or use of blank cartridges for ceremonial purposes, athletic or sports events or military ceremonials;

C. The discharge or display of fireworks by permittees having a permit as hereinafter provided.

(Ord. 1134 § 2 (part), 1991)

No person or organization shall make a public display of fireworks, including, but not limited to, dangerous fireworks and safe and sane fireworks in the city unless a permit has been issued therefor. Issuance of the permit may be upon such reasonable terms and conditions as the city council may determine. Fees for issuance of a permit may be established by resolution of the city council.

(Ord. 1134 § 2 (part), 1991)

A person or organization who desires to make a public display of fireworks, including, but not limited to, dangerous fireworks and safe and sane fireworks, shall apply for a permit to the city council at least ninety days in advance to the proposed display.

(Ord. 1134 § 2 (part), 1991)

Upon receipt of an application for a permit to make a public display of fireworks, the fire chief shall make an investigation. The fire chief shall make a recommendation to the city council on the application. The decision of the city council is final. The display shall be handled or supervised by a competent and experienced pyrotechnic operator approved by the city council.

(Ord. 1134 § 2 (part), 1991)

An applicant for a permit to make a public display of fireworks shall obtain compensation insurance for employees as required by state law and shall obtain insurance protecting the public against loss or damage that may result to persons or property caused by the public display of fireworks or negligence on the part of the applicant or his agents or employees in an amount to be set by the city council.

(Ord. 1134 § 2 (part), 1991)

A permit issued under this chapter is not transferable. The city may suspend or revoke a permit without notice if in the opinion of the fire chief the continued existence of a permit is a hazard or a danger to persons or property.

(Ord. 1134 § 2 (part), 1991)

The public display of fireworks permitted in this chapter, except in strict accordance with the terms of the permit and the regulations adopted by the fire chief, is prohibited.

(Ord. 1134 § 2 (part), 1991)

Each public display of fireworks shall be of such a character and so located, discharged, or fired so as not to be hazardous or dangerous to persons or property.

(Ord. 1134 § 2 (part), 1991)