El Centro Municipal Code Art. V Fireworks

The purpose of this article is to regulate the sale, use and storage of fireworks in an attempt to prevent fires which may result from the improper sale, use or storage of fireworks. This article is added to permit the sale and storage of safe and sane fireworks as defined in California Health and Safety Code §§ 12529 and 12562 within the territorial limits of the city during the period beginning at noon on the twenty-eighth (28 th ) day of June and ending at midnight on the sixth (6 th ) day of July of each calendar year and to permit use of safe and sane fireworks until 11:00 p.m. during this time period.

(Ord. No. 14-05, § 1)

For the purpose of this article, the following words and phrases are defined as follows:

Application means a temporary use permit application with the city.

City means the City of El Centro.

City clerk means the City Clerk of the City of El Centro or his/her designee.

City council means the City Council of the City of El Centro.

City manager means the City Manager of the City of El Centro or his/her designee.

Code means the City of El Centro Municipal Code.

Dangerous fireworks or illegal fireworks shall have the same meaning as set forth in Health and Safety Code §§ 12505 and 12561 and the relevant sections of Title 19, Code of Regulations, subchapter 6 which are hereby incorporated by reference.

Fire chief means the fire chief of the city or his/her designee.

Fireworks sales permit means a permit issued in accordance with this article.

Fireworks stand means any building, counter, or other structure of a temporary nature, and in compliance with the Code, used in the sale, offering for sale, or display for sale of safe and sane fireworks.

Fireworks wholesaler means any person who sells fireworks to other persons for resale by such persons.

Host means the person physically present and in charge of private property during the possession or use of any illegal fireworks, including, but not limited to, an owner, tenant, landlord or property manager. Host also means a person who consents to or organizes, supervises, officiates, conducts, controls, or is otherwise in charge of illegal fireworks possession or use on the property whether or not that person is present during the activity that is the subject of this article, including but not limited to an owner, tenant, landlord or property manager.

Minor means any person under the age of eighteen (18) years.

Nonprofit organization shall mean any nonprofit association, charity or corporation organized primarily for veteran, patriotic, welfare, civic betterment, athletic, educational, youth development or charitable purposes pursuant to the Internal Review Code §§ 501(c)3, 4, 6, 7, 8, 9 10, 23, or 26 that serves, in whole or in part, the residents of the city.

Organization means a public agency or other corporation located within the city.

Permittee means a qualified applicant that has been awarded a fireworks sales permit by the city.

Police chief means the police chief of the city or his/her designee.

Priority applicant is a permitee that has obtained a fireworks permit for two (2) consecutive years, which remains a qualified applicant, and which has been in compliance with all the provisions of this ordinance and the applicable provisions of state law during the permit periods.

Public right-of-way means any city property, including that city property over which the city has granted an easement to another public agency.

Qualified applicant shall mean any group or organization which has met all of the following criteria for a continuous period of not less than one (1) full year preceding submittal of an application for a fireworks sales permit required by this article and which continues to meet the criteria for the duration of any permit to sell issued by the city pursuant to this article.

(1) The organization shall be a nonprofit organization pursuant to the Internal Revenue Code or California Revenue and Taxation Code or a group which is an integral part of a recognized national organization having such tax-exempt status or an organization affiliated with and officially recognized by an elementary, junior high and/or high school and/or school district that serves, in whole or in part, the residents of the city. Only one application per school will be allowed. If an organization is affiliated with a recognized educational institution as defined in this section, but maintains a separate tax exempt status with the Internal Revenue Service or the California Franchise Tax Board, said nonprofit organization shall be allowed a separate application.

(2) The organization shall be organized primarily for veteran, patriotic, welfare, civic betterment, athletic, educational, youth development or charitable purposes;

(3) The organization must have its principal and permanent meeting place within the city;

(4) The organization must be one which provides direct and regular community services and benefits to the residents of the city;

(5) The organization must have a minimum bona fide membership of at least twenty (20) members who either reside in the city, are employed in the city, or are owners or operators of a business or other establishment located in the city;

(6) The organization must not have been found by any court of competent jurisdiction or city administrative hearing officer to be in violation of any civil or criminal local, state or federal law relating to fireworks within twenty-four (24) calendar months prior to the organization's submittal of an application for a permit to sell;

(7) The organization must not have a permit to sell revoked within twenty-four (24) months prior to the organization's submittal of an application for a permit to sell.

Safe and sane fireworks means safe and sane fireworks as defined in Health and Safety Code §§ 12529 and 12562 and the relevant sections of Title 19, Code of Regulations, subchapter 6 which are hereby incorporated by reference.

Street means any city street or alley, including those granted to the city by easement.

(Ord. No. 14-05, § 1; Ord. No. 17-03, § 1, 3-21-17; Ord. No. 22-04, § 2(a), 6-7-22)

(a) Except as otherwise provided in this Article, no person shall possess, sell, use, display or explode any dangerous or illegal fireworks, including, but not limited to, any rocket, firecracker, roman candle, squib, torpedo, wire core sparkler, black cartridge, aerial shell, mortar or other combustible device or explosive substance or any kind of fireworks, by whatever name known, within the city.

(b) The fire chief and police chief may seize, take, remove or cause to be removed, at the expense of the owner or any vendor, any and all such illegal or dangerous fireworks offered or exposed for sale, stored or held in violation of this article, the state fireworks law or the California Fire Code.

(Ord. No. 14-05, § 1; Ord. No. 22-04, § 2(b), 6-7-22)

It shall be lawful to possess, sell or display safe and sane fireworks within the city during the time period beginning at noon on the twenty-eighth (28 th ) day of June and ending at midnight on the sixth (6 th ) day of July of the same year. Retail sale to the public of safe and sane fireworks is permitted between 8:00 a.m. and 10:00 p.m. and use is permitted until 11:00 p.m. during this time period.

(Ord. No. 14-05, § 1; 15-02, § 1, 3-3-15)

Except as provided in this article, no person shall sell or offer to sell, at retail, any fireworks within the territorial limits of the city without a fireworks sales permit first being issued to a qualified applicant as defined in this article.

(1) No qualified applicant shall be granted more than one (1) fireworks sales permit or operate more than one (1) fireworks stand during any one calendar year.

(2) A permittee hereunder may enter into a participation agreement with one or more qualified applicants to jointly sell fireworks provided the permittee and each qualified applicant shall assume jointly the responsibility for compliance with all city ordinances and regulations and that the permittee and each qualified applicant shall be listed as such on the fireworks sales permit.

(3) The maximum number of fireworks sales permits that shall be issued to qualified applicants is five (5).

(4) Fireworks stands shall be located in the CH, heavy commercial, CG, general commercial, MG, general manufacturing and ML, light manufacturing zones only.

(5) If the number of qualified applicants for fireworks sales permits exceeds the number of fireworks sales permits available for issuance, the fire chief shall conduct a random drawing to determine to whom the available fireworks sales permits shall be issued. Permittees shall have fourteen (14) calendar days to submit all information required by section 10-71 and to pay the established fireworks sales permit fee.

(6) If the number of qualified applicants for fireworks sales permits exceeds the number of fireworks sales permits available for issuance, a priority applicant shall have priority over other qualified applicants. If there are any remaining unassigned permits, the fire chief shall conduct a random drawing to determine to whom the available fireworks sales permits shall be issued. All successful permittees shall have fourteen (14) calendar days to submit all information required by section 10-71 and to pay the established fireworks sales permit fee.

(Ord. No. 14-05, § 1; Ord. No. 17-03, § 2, 3-21-17)

A qualified applicant seeking to sell safe and sane fireworks shall submit an application for a fireworks sales permit to the community development department.

(1) The application shall include, but not be limited to, the following documentation:

a. A detailed and specific description of the proposed location of the fireworks stand with a letter signed by the owner of the property, or the owner's agent, upon which the fireworks stand is proposed to be located, confirming the owner has given permission for the use of the property for such purposes.

b. A written statement by the qualified applicant stating that the qualified applicant shall, at the time of receipt of a fireworks sale permit, deliver to the city a certificate of endorsement evidencing a policy of public liability and property damage insurance naming the city as an additional insured thereunder, with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) aggregate. No policy will be acceptable which contains a provision allowing a deductible amount.

c. Proof that the qualified applicant has met the requirements set forth in section 10-66.

d. Documentation demonstrating current tax-exempt status.

e. The application shall be signed by an authorized officer or director of the qualified applicant.

f. A written statement describing the benefits the qualified applicant provides to the city.

g. The application shall include a statement that the officers and agents of the qualified applicant shall agree to comply strictly with the terms of this article and the terms of the fireworks sales permit granted in the article and to furnish such additional information as requested by the city.

(2) The application must be submitted between the fifteenth (15 th ) day of March and the thirtieth (30 th ) day of March of each year; except however, for the year 2017, the application must be submitted between the twenty-fourth (24 th ) day of April and the ninth (9 th ) day of May.

(Ord. No. 14-05, § 1; Ord. No. 17-03, § 3, 3-21-17)

(a) Each permittee must have at least one representative attend a fireworks stand operator safety seminar, approved by the fire chief, by the fifteenth (15 th ) day of June of the same year in which the fireworks sales permit is issued.

(b) Subsequent to selection for issuance of a fireworks sales permit, but prior to the issuance of the fireworks sales permit, and in addition to those other requirements set forth in this article on the application and the fireworks sales permit, each permittee shall provide or demonstrate compliance with all the following:

(1) A copy of the permittee's retail fireworks license issued by the office of the state fire marshal.

(2) A copy of the permittee's California State Board of Equalization temporary sales tax permit.

(3) Payment of a fireworks sales permit fee in an amount to be established by resolution of the city council. This fee is in addition to the fee paid for the submission of the application.

(4) Insurance coverage as required by subsection 10-70(1)(b).

(Ord. No. 14-05, § 1)

A fireworks sales permit shall be denied if the qualified applicant has failed to provide sufficient plans, information or data necessary to permit a determination respecting compliance with the requirements of this article. Any denial of an application or revocation of a fireworks sales permit may be appealed in writing to the city manager consistent with Health and Safety Code § 12647 within ten (10) days of the denial.

(Ord. No. 14-05, § 1)

(a) All retail sales of safe and sane fireworks shall be permitted from within a fireworks stand only. The retail sale of safe and sane fireworks from any other building or structure is prohibited.

(b) No fireworks stand may be erected before the twentieth (20 th ) day of June and only by a person or people affiliated with a permittee.

(c) Fireworks stands must be located on lots that have an all-weather surface and adequate off-street parking to meet the requirement of any existing use or uses as well as the fireworks stand.

(d) Fireworks stands are permitted only in the following zoning districts, as defined and delineated in the Code:

(1) CH, heavy commercial;

(2) CG, general commercial;

(3) MG, general manufacturing; and

(4) ML, light manufacturing.

(e) Each fireworks stand must post each of the following in a prominent place inside the fireworks stand:

(1) Fireworks sales permit;

(2) California State Board of Equalization temporary sales tax permit;

(3) California State Fire Marshal retail sales permit; and

(4) Proof of insurance.

(f) Fireworks stands are not permitted on city property and shall not be located closer than three hundred (300) feet apart, unless separated by a major arterial roadway.

(1) If two (2) or more qualified organizations have the same property owner's permission to use the property, preference shall be given to the organization that has used the property two (2) of the last three (3) years. If none of the organizations has used the property two (2) of the last three (3) years, preference shall be granted by a drawing conducted by the fire chief.

(2) If two (2) or more qualified organizations apply for permits on property within three hundred (300) feet of each other and not separated by a public street, preference shall be given to the organization that has been in the area two (2) of the last three (3) years. If none of the organizations has been in the area two (2) of the last three (3) years, preference shall be granted by a drawing conducted by the fire chief.

(g) Fireworks stands shall comply with current National Fire Protection Association Standard NFPA 1124 for the manufacture, transportation, storage and retail sales of fireworks and pyrotechnic articles.

(h) Fireworks stands shall not be located within twenty-five (25) feet of any other building or structure.

(i) No fireworks stand shall be located within one hundred (100) feet of a location where gasoline or any other flammable liquids are stored or dispensed.

(j) Accessory electrical wiring within a fireworks stand is prohibited.

(k) Each fireworks stand shall comply with fire prevention standards as adopted and enforced by the fire chief.

(l) All fireworks stands shall be inspected and approved by the fire chief prior to the sale of any safe and sane fireworks.

(m) All weeds or other vegetation and combustible material shall be cleared from the location of the fireworks stand to at least a twenty-five-foot radius surrounding the fireworks stand.

(n) No fireworks stand shall have a floor area in excess of five hundred (500) square feet or a length greater than fifty (50) feet.

(o) Each fireworks stand shall have at least two (2) exits. Each fireworks stand in excess of forty (40) feet in length shall have at least three (3) exits equally spaced. In no case shall the distance between exits required by this section exceed twenty (20) feet. Exit doors shall be no less than twenty-four (24) inches wide, six (6) feet in height and must open in the direction of exit travel.

(p) "NO SMOKING" signs shall be prominently displayed both externally and internally on all sides of the fireworks stand. Smoking is prohibited within fifty (50) feet of any fireworks stand.

(q) Each fireworks stand shall have two (2) currently certified two and one-half (2.5) gallon pressurized water type fire extinguishers in good working order that are easily accessible in case of fire.

(r) Each fireworks stand must have an individual over the age of eighteen (18) in attendance and in charge thereof when the fireworks stand is open to the public for sale or dispensing of safe and sane fireworks and when safe and sane fireworks are being delivered to, or taken from, the fireworks stand.

(s) No person may remain inside the fireworks stand after close of business.

(t) When the fireworks stand is not being used for the sale and/or display of safe and sane fireworks, all safe and sane fireworks shall be stored in a manner consistent with one of the following:

(1) Within a reinforced, heavy metal, fully-enclosed container, a walk-in-type drop box or equivalent, as approved by the fire chief.

(2) Returned daily to a fireworks wholesaler for storage at an approved and properly-zoned location.

(u) No fuel-powered generator or similar equipment shall be allowed within fifty (50) feet of a fireworks stand.

(v) Vehicles may not be parked within ten (10) feet of a fireworks stand. Permittees shall provide cones or blockage to indicate a "NO PARKING" area within ten (10) feet of the fireworks stand.

(w) A twenty-foot area surrounding the fireworks stand and any properly stored safe and sane fireworks must be kept clear of empty boxes, trash and debris.

(x) No person shall light, or cause or permit to be lighted, any safe and sane fireworks or any other article or material within any fireworks stand or within fifty (50) feet thereof.

(y) No person other than individuals who are bona-fide members of the permittee or the spouses, registered domestic partners or adult children of such members, shall sell or otherwise participate in the sale of safe and sane fireworks.

(z) No person under the age of eighteen (18) shall sell or participate in the sale of or handle any safe and sane fireworks.

(aa) Drinking or possession of alcoholic beverages in a fireworks stand or within one hundred (100) feet of a fireworks stand is prohibited, except within a permanent business establishment unaffiliated with the fireworks stand and which preexisted the fireworks stand.

(bb) No person shall be paid any consideration by the permittee or any fireworks wholesaler for selling or otherwise participating in the sale of safe and sane fireworks. Notwithstanding the foregoing, compensation may be paid for licensed security personnel and to any person permitting or leasing the location of the fireworks stand on its property as a payment for such permit or lease.

(cc) All safe and sane fireworks shall be retained at the fireworks stand. In no event shall unsold safe and sane fireworks be removed from the approved location to any other place without written approval of the fire chief.

(dd) All unsold stocks of safe and sane fireworks in the hands of the permittee after noon on the fifth (5 th ) day of July shall be returned to the fireworks wholesaler by midnight on the sixth (6 th ) day of July of the same calendar year.

(ee) Each fireworks stand shall be completely removed and the premises upon which it was located shall be cleared of all debris and restored to the condition it was prior to the establishment of the fireworks stand no later than the tenth (10 th ) day of July of each calendar year.

(ff) Fireworks stands shall be permitted to have no more than two (2) double-sided signs with a maximum area of sixty-four (64) square feet per side. All such signs shall be located on the same site as the fireworks stand they identify or advertise. Signs may not be placed in such a manner as to interrupt the normal flow of vehicle or pedestrian traffic or to cause any sight distance problems for such traffic. Placement of such signs shall be in accordance with Chapter 22.1 of the Code. The above described signs may be displayed from the twenty-third (23 rd ) day of June through the end of the sales day on the fourth (4 th ) day of July.

(Ord. No. 14-05, § 1; Ord. No. 17-03, § 4, 3-21-17)

It is unlawful to sell safe and sane fireworks to a minor.

(Ord. No. 14-05, § 1)

On or before the first (1 st ) day of November of any year during which a qualified applicant received a fireworks sales permit, that qualified applicant shall submit to the city clerk a copy of the most recent report filed by the qualified applicant with the State Board of Equalization. The filing of such statement shall be a condition precedent to the granting of any subsequent fireworks sales permits.

(Ord. No. 14-05, § 1)

(a) The fire chief may revoke the fireworks sales permit of any permittee that violates any of the provisions of this article. If the revocation occurs between the twenty-second (22 nd ) day of June and the fifth (5 th ) day of July, the fire chief shall inform the permittee that it may seek review of the decision by the city manager on the next business day. The decision of the city manager shall be final.

(b) Any permittee that has their fireworks sales permit revoked shall be barred from receiving a future fireworks sales permit under this article or under any subsequent ordinance establishing a fireworks sales permit for up to three (3) years from the date of the revocation.

(Ord. No. 14-05, § 1)

(a) It is unlawful for a minor to sell, purchase, possess, use or discharge safe and sane fireworks of any type; provided, however, that a minor under the direct supervision of their parent, guardian or other adult person having care, custody or control of the minor may possess and discharge safe and sane fireworks during the times and in the manner that such discharge is permitted by this article.

(b) It shall be unlawful for any person having the care, custody or control of a minor to permit the minor to discharge, explode, fire or set off any dangerous fireworks, at any time, or to permit the minor to discharge or set off any safe and sane fireworks unless the minor does so under the direction supervision of a person over eighteen (18) years of age and during the hours and on the days permitted by this article.

(Ord. No. 14-05, § 1)

(a) The fire chief or police chief may seize, take, remove or cause to be removed, at the expense of the permittee or fireworks wholesaler, all stock of safe and sane fireworks offered or exposed for sale, stored or held in violation of this article, the state fireworks law or the California Fire Code.

(b) Alternatively, a notice of violation may be issued by the fire chief or police chief requiring immediate correction of the violation(s) and/or cessation of sales. The permittee will then have the opportunity to be heard prior to any seizure.

(Ord. No. 14-05, § 1)

Each fireworks wholesaler supplying one or more permittees under this article shall annually submit a public education plan to the fire chief no later than 5:00 p.m. on the fifteenth (15 th ) day of June of each year. Said public education plan shall outline the public safety and education efforts for that year that have been initiated, supported and/or delivered by each fireworks wholesaler within the city.

(Ord. No. 14-05, § 1)

(a) Any organization desiring to hold a public display of fireworks within the city shall submit an application for a permit to do so to the fire chief at least two (2) calendar months prior to the date of the proposed event.

(1) Any permit granted for such display shall be lawful only for that event.

(2) No permit granted under this section shall be transferable.

(b) The fire chief shall adopt reasonable rules and regulations for granting such permits for supervised public displays of fireworks to organizations.

(c) Each such display must be handled and presented by a competent operator approved by the fire chief and licensed by the State of California.

(d) Such display must be located and discharged in a manner that in the sole opinion of the fire chief is not hazardous to persons or property.

(e) Such organization or operator shall furnish an indemnification in the form specified by the fire chief.

(f) In addition, the organization or operator shall proof of current commercial general liability coverage in an amount of five million dollars ($5,000,000.00) generally liability insurance (or such other amount as agreed upon by the fire chief and risk manager) to address the potential for damage to persons or property that may arise from the permitted display and the acts of the organization, its agents employees or contractors. The certificate of insurance shall be endorsed to name the city, its officers, agents and employees as additional insureds.

(g) Any permit issues shall be only for the event, date and time named and is non-renewable and non-transferable.

(Ord. No. 22-04, § 2(c), 6-7-22)

Editor's note— Ord. No. 22-04, § 2(c), adopted June 7, 2022, repealed the former § 10-80, and enacted a new § 10-80 as set out herein. The former § 10-80 pertained to violation unlawful—administrative citations and derived from Ord. No. 14-05, § 1.

(a) Except as provided in (3) below, no host shall allow any person to violate a provision of this article on the host's private property or on the public right of way or street adjacent or proximate to the host's private property.

(1) Where there is more than one (1) host, each host is liable jointly and severally.

(2) No host shall aid or abet another person's violation of a provision of this article. A host aids and abets another person's violation of a provision of this article if the host knows of the other person's unlawful purpose and then specifically intends to, and does in fact, supervise, control, aid, facilitate, promote, encourage, or instigate the other person's commission of that violation.

(3) The provisions this section shall not apply to:

(i) The possession, manufacture, storage, display, sale, purchase, use, or discharge of fireworks as permitted under this chapter, state or federal law; or

(ii) A host who initiates contact with law enforcement or fire officials to assist in removing any person from its property or terminating an activity in order to comply with this article, if the request for assistance is made before any other person contacts law enforcement or fire officials to complain about the violation of this article.

(Ord. No. 22-04, § 2(c), 6-7-22)

Editor's note— Ord. No. 22-04, § 2(c), adopted June 7, 2022, renumbered the former § 10-81 as § 10-84. The former § 10-81 pertained to conflict with the code and derived from Ord. No. 14-05, § 1.

(a) In addition to any administrative penalty under section 10-81 or any penalty under any other section of this City Code or state law, any host who violates this article is liable for the response costs relating to the violation.

(1) As used here, "response costs" include the following: the fully burdened cost of police, fire, code enforcement or other city personnel required to deal with the violation, the cost of seizure and disposal of the illegal fireworks, and attorney fees for any and all notices, meetings, or administrative or court proceedings to enforce this ordinance.

(2) Where there is more than one (1) host, each host is liable jointly and severally for response costs.

(b) The amount of response costs constitutes a debt owed to the city which may be collected in any manner legally available to the city.

(c) Notice of the response costs shall contain the following itemized information:

(1) The name of the host(s) who is liable for the response costs;

(2) The address of the private property where the incident occurred;

(3) The date and time of the response;

(4) The itemized cost of law enforcement, fire, or other emergency response personnel who responded as well as code enforcement or other city personnel and the associated legal costs.

(d) Notice shall be served on each host at the property address by first-class mail or by any means provided for service of a civil complaint.

(e) Payment for response costs shall be remitted to the city within thirty (30) calendar days of the date of the notice.

(f) The payment of any such costs shall be stayed upon the filing of a timely appeal under section 10-83.

(Ord. No. 22-04, § 2(c), 6-7-22)

Any host charged with response costs may, without a fee and within ten (10) calendar days of the date of the notice of response costs, appeal all or a portion of the response costs to the city manager. The city manager shall meet with the host within fifteen (15) calendar days of receiving the appeal. Within the next thirty (30) calendar days, the city manager shall determine whether or not to uphold the appeal. The decision of the city manager is final.

(a) Failure to timely file an appeal constitutes a failure to exhaust available administrative remedies, and bars any further review, administrative appeal or court review of the response costs.

(Ord. No. 22-04, § 2(c), 6-7-22)

(a) In addition to any other remedy allowed by law, any person who violates a provision of this article is subject to criminal sanctions, civil actions, and administrative penalties pursuant to the provisions of this City Code. All remedies prescribed under this article are cumulative and the election of one (1) or more remedies does not bar the city from the pursuit of any other remedy available to the city.

(b) All violations of this article are declared to be a public nuisance.

(c) Notwithstanding anything to the contrary , the amounts for an administrative penalty for a violation of section 10-81 of this article are:

(1) One thousand dollars ($1,000.00) for the first violation;

(2) Two thousand five hundred dollars ($2,500.00) for the second violation within one (1) year of the first violation; and

(3) Five thousand dollars ($5,000.00) for each additional violation within one (1) year of the first violation.

(Ord. No. 22-04, § 2(c), 6-7-22)

Violations of this article are hereby declared to be a public nuisance.

(Ord. No. 22-04, § 2(c), 6-7-22)