Delano Municipal Code Ch. 6.48 Fireworks

Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings:

"Nonprofit organization" means and includes any governmental entity, charitable organization, trust or person which solicits or obtains contributions solicited from the public for nonprofit purposes or holds any assets for non-profit purposes, which are exempt from taxation pursuant to California Revenue and Taxation Code Section 23701.

"Person" means any individual, partnership, corporation or association of any nature whatsoever.

(Ord. No. 2025-1358, § 1(Exh. A), 3-3-2025)

It is unlawful for any person to sell or offer for sale or expose for sale within the city any fireworks in violation of this chapter or without having a valid permit therefor in accordance with the provisions of this chapter.

(Ord. No. 2025-1358, § 1(Exh. A), 3-3-2025)

Only safe and sane fireworks, as defined in Section 12529 of the California Health and Safety Code, may be sold by a permit holder within the city beginning at twelve noon on July 1st and ending at 10:00 p.m. on July 4th, each year, pursuant to the provisions of this chapter. Each operator of an authorized fireworks stand within the city shall prominently post the time period during which the discharge of fireworks is permitted.

Those fireworks which are classified as "dangerous fireworks" under Section 12505 of the California Health and Safety Code are prohibited from being sold or discharged in the city.

(Ord. No. 2025-1358, § 1(Exh. A), 3-3-2025)

Only safe and sane fireworks, as defined in Section 12529 of the California Health and Safety Code, may be discharged within the city during the time periods that follow:

(Ord. No. 2025-1358, § 1(Exh. A), 3-3-2025)

A. A permit for the sale of safe and sane fireworks may not be issued except to the following applicants: A nonprofit organization or corporation organized and existing primarily for veteran, patriotic, religious, welfare, charitable or civic betterment purposes, organized and established in the city, within the city's sphere of influence or the Tulare County joint planning area as identified in the 2005 update of the city's general plan, at least one year prior to the filing of the application for permit under this chapter, having a bona fide membership of at least fifteen members, and having first obtained a permit or license from the State Fire Marshal under Part 2, Division 11 of the State Health and Safety Code, except those organizations exempted from the lottery selection as stated in subsection B of this section. In addition, only one application from a nonprofit organization will be accepted, multiple applications under one primary organization will not be accepted.

B. All applicants for fireworks permits, except those specifically exempted in this section, shall participate in a lottery by submitting a pre-application form on or before April 15th of each year. Drawing of the lottery will occur no later than April 18th and will include in order, which applicants will qualify to submit applications for the fireworks permits as well as to establish a list of those who will be put on a standby list in case a qualified applicant fails to submit an application by the deadline. The deadline for applications is May 1st for qualified applicants and May 8th for standby applications.

The applicable organizations who are exempt from the fireworks lottery are the Babe Ruth Baseball Association and the Delano Chamber of Commerce. Such applicant in these organizations are required to notify the city in writing on or before April 15th of each year if they will continue to apply.

C. The total number of fireworks stand permits issued by the city shall not exceed eight. This includes the two exempt organizations, along with the reserved fireworks stand permit for the non-profit as authorized in Section 6.48.050.

D. Applications for fireworks permits shall be submitted no later than May 1st of each year. No applications shall be accepted nor processed by the city after the May 1st date except as provided in subsection B of this section. Applications for the lottery referenced in subsections B and C of this section shall not be required to include the state sales tax number, nor items 3 through 8 required in the application form as specified in subsection E of this sections. Each applicant for the lottery shall pay a fee as set forth by resolution of the city council to cover initial processing costs.

E. Applications for fireworks permits shall be made on forms to be furnished by the city manager or his/her designee, shall be signed under penalty of perjury by the applicant, and shall require the following information and documents:

1. The name, address and telephone number of the nonprofit organization for which application is made;

2. The purpose of the nonprofit organization or corporation, its principal and permanent meeting place; the approximate date of its establishment in the city; the total number of its local membership; and the names and addresses of its officers;

3. The location of the proposed fireworks stand;

4. A plot plan, showing the location of the temporary fireworks stand, utilities, location of permanent and temporary structures, curb cuts and/or driveways and identifying the nearest available sanitary facility and fire hydrant;

5. A written authorization from the owner of the location or person in lawful possession thereof, if other than the applicant, for the locating of the fireworks stand upon his or her property;

6. Evidence, satisfactory to the city manager or his/her designee, of (a) general liability insurance providing coverage on an occurrence basis for bodily injury, including death of one or more persons, property damage and personal injury, with limits as required by the city; and (b) workers' compensation, with statutory limits and employers' liability insurance with limits as required by the city. All policies required of the applicant hereunder shall be primary insurance as to the city, its mayor, council, officers, agents, employees and volunteers and any insurance or self-insurance maintained by the city, its mayor, council, officers, agents, employees and volunteers shall be considered excess insurance, over and above the applicant's insurance and shall not contribute with it. The applicants shall save, hold harmless and indemnify the city, its officers, agents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise from or is in any way related to any work performed by the applicant, his agents or employees under the terms of any permit issued under this chapter;

7. Cash deposit in an amount as set forth by resolution of the city council shall be forfeited to the city in the event the permit holder fails to remove the stand, equipment and rubbish from the premises upon which the stand is located before twelve noon on July 15th of the year for which the permit is granted. The cash deposit shall be returned to the applicant upon full performance of the requirements of this chapter;

8. Approval from the engineering department of the city that operation of the fireworks stand at the proposed location will not present any substantial hazard to vehicular or pedestrian traffic.

F. Location of temporary stand may not be changed after an application is filed except as required by the city, or where there is evidence of change in property ownership or management and prior approval or consent has been revoked by the new owners or managers.

G. No one organization may receive more than one permit for fireworks sales during any one calendar year or submit more than one application for such permit in any one year.

H. All permits issued under this chapter shall remain in effect from twelve noon on June 28th to twelve midnight on July 4th, unless earlier suspended or revoked.

I. The applicant shall pay a fee as set forth by resolution of the city council to cover the cost of processing the application and for any necessary inspections of such fireworks stand.

J. Permits may be issued with conditions to ensure that the business will be operated in a safe and legal manner, will not disturb the peace and quiet of the neighborhood, and will not constitute an undue burden on city resources.

(Ord. No. 2025-1358, § 1(Exh. A), 3-3-2025)

The city shall reserve one fireworks permit to be awarded through a request for proposal (RFP) process to a non-profit organization that will contract with the city to provide a fireworks show for the residents of the city. All RFPs shall be submitted to the city clerk on or before April 1st of each year. All RFPs shall include a letter of intent, a copy of the State of California Statement of Information status, a copy of the estimated invoice for the firework show and a firework booth application. The city manager or designee will review and consider the RFPs that were submitted in a timely manner.

In the event that the city does not select a nonprofit organization for the reserved fireworks permit, this fireworks permit shall be awarded to the first nonprofit organization in the standby list selected by lottery, which is held following the pre-application process. It is upon the nonprofit organization applying for the firework show permit to submit a pre-application to be considered for the lottery, if not selected per Section 6.48.040.B.

(Ord. No. 2025-1358, § 1(Exh. A), 3-3-2025)

A. No permit holder shall shout, make any outcry, blow a horn, ring a bell or use any other sound device including any loudspeaker, radio or amplifying system where sound of sufficient volume is emitted or produced therefrom, capable of being plainly heard upon the streets, alleys, parks or other public places.

B. Any permit issued pursuant to this chapter shall be nontransferable, and shall be valid only as to the applicant and location provided on the application for such permit.

C. All retail sales of safe and sane fireworks shall be permitted only from a temporary fireworks stand and the sale from any other building or structure is prohibited.

D. No fireworks stand may be established on any property, unless the location of the fireworks stand complies with the following setback requirements:

1. Three feet from any property line;

2. Thirty feet from any other building or structure;

3. Ten feet from any driveway, alley or roadway;

4. Twenty-five feet from a watchman's accommodations or quarters;

5. Twenty-five feet from a generator;

6. One hundred feet from storage of flammable or combustible liquids, fuel dispenser(s), or repair garage(s)/facility(s);

7. Five hundred feet from any other fireworks stand.

E. Fireworks stands need not comply with the provisions of the building code of the city except that the building official shall have authority to require that stands be constructed in a manner which will reasonably ensure the safety of attendants and patrons. If applicable, electrical permits may be required.

F. Fireworks stands shall be located only in the following commercial, industrial, and public facilities zones: GC, NC, DC, CRC, I and CF, unless located upon property owned and occupied by a church and/or school, which church or school is a legal use of such property.

G. Each stand in excess of twenty-four feet in length must have at least two exits. Each stand in excess of forty feet in length must have at least three exits. No stand shall exceed three hundred square feet.

H. Each stand shall be provided with not less than two fire extinguishers, approved by the fire department and the underwriter in good working order and easily accessible for use in case of fire.

I. No person shall light, or cause or permit to be lighted, any fireworks or any other article or material within any such stand, or within fifty feet thereof.

J. No smoking shall be allowed in any stand. "No Smoking" signs shall be prominently displayed.

K. All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least twenty feet surrounding the stand.

L. There shall be at least one adult in attendance during the open or sale hours of the fireworks stand.

M. All permits must be posted in a conspicuous place.

N. Fireworks shall be sold only between the hours of 12:00 noon on July 1 to 10:00 p.m. on July 4th.

O. Permit holder shall strictly comply with all provisions of the State Fireworks Law (Sections 12500 et seq. of the Health and Safety Code).

P. The fireworks stand shall be removed from the temporary location by no later than 12:00 noon on July 15th, and all accompanying litter shall be cleared from such location on or before such time.

Q. No fireworks shall be placed in any fireworks stand until a permit for such stand has been issued by the city.

R. Any person who receives a notice to correct any violation of these regulations or any other condition of the permit, and who fails to correct such violation within the time prescribed in the notice, may be assessed a fee not exceeding the city's cost of reinspection.

S. Organizations licensed for the selling of fireworks are required to obtain a temporary sales tax permit from the regional office of the State Board of Equalization.

T. Each permit holder shall, on or before November 1st of the year the fireworks permit is issued, submit to the city clerk a financial statement by the treasurer or financial officer of the permittee setting forth the total gross receipts from the fireworks stand operated by the permittee; 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 or will be disbursed, along with the most recent report filed by the permittee to the State Board of Equalization showing taxes paid by permittee. Failure to comply with this requirement shall lead to a three consecutive year period of ineligibility to apply for a fireworks permit by the permit holder.

U. A violation committed by a fireworks permit holder shall lead to a three consecutive year period of ineligibility to apply for a fireworks permit by the permit holder.

V. No person shall sell or transfer any safe and sane fireworks to a person under sixteen years of age from any fireworks stand.

(Ord. No. 2025-1358, § 1(Exh. A), 3-3-2025)

Any permit issued pursuant to this chapter shall be immediately revoked by the city manager or his/her designee whenever he finds:

A. That misrepresentations were made on the application; or

B. That any of the terms or conditions of such permit have been violated, or that the business has been operated in violation of local, state or federal law.

(Ord. No. 2025-1358, § 1(Exh. A), 3-3-2025)

A. Should any applicant or permit holder be dissatisfied with the decision of the city manager or his/her designee not to grant a permit or to revoke a permit, then such applicant may, no later than ten days after notice of such decision is deposited in the United States mail, addressed to the applicant or permit holder at the address provided on the application, make written objection to the city council setting forth the grounds for dissatisfaction, whereupon the council shall hear such objections at a regular meeting no later than three weeks following the filing of the objection with the city clerk. The applicant or permit holder shall be given written notice no less than three days prior to the hearing. The council may, upon the hearing, sustain, suspend, or overrule the decision of the city manager or his/her designee, which decision shall be final and conclusive.

B. Pending the hearing before the council, the decision of the city manager or his/her designee shall remain in full force and effect and any reversal thereof by the city council shall be retroactive, but shall take effect as of the date of the council's decision.

(Ord. No. 2025-1358, § 1(Exh. A), 3-3-2025)