Exeter Municipal Code Ch. 8.36 Fireworks

Footnotes:

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Editor's note— Ord. No. 656, adopted Aug. 23, 2011, amended Ch. 8.36 in its entirety to read as herein set out. Former Ch. 8.36, §§8.36.010—8.36.090 was entitled "Sale, Use and Possession of Safe and Sane Fireworks", and derived from Ord. No. 444, §1, 1981; Ord. No. 454, §1, 1982; Ord. No. 562, §§1, 2, 1996; and Ord. No. 607, §1, 2003.

For the purposes of this article, definitions shall have the respective meaning ascribed to them in section 12500 et seq., of the Health and Safety Code of the state of California, and, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

"City." The city of Exeter.

"Dangerous fireworks." Any fireworks specified as such in the state fireworks law, section 12500 et seq., of the Health and Safety Code of the state and such other fireworks as may be determined to be dangerous by the state fire marshal.

"Eligible organization." An organization which has met all of the following criteria for a continuous period of not less than one full year preceding submittal of an application for the permit required by this article (and which continues to do so thereafter):

A. The organization must be a duly organized not for profit charitable, religious, civic, patriotic or community service organization;

B. The organization must be headquartered within and clearly affiliated or identified with the city of Exeter.

C. The organization must be one which provides direct and regular community services and benefits to the citizens of the city.

D. The organization must hold its regularly scheduled meetings within the city.

E. The Organization must maintain a bona fide membership of at least twenty members.

F. The organization must have a tax exempt identification number assigned to them.

G. One application per tax exempt ID number will be allowed.

H. One permit per tax exempt number will be allowed.

"Fireworks." Any combustible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, firecrackers, torpedoes, skyrockets, roman candles, daygo bombs, sparklers or other devices of like construction and any devices containing any explosive or flammable compound, or any tablet or other device containing an explosive substance; except that the term "fireworks" shall not include any auto flares, paper caps containing not in excess of an average of twenty-five one hundredths of a grain of explosive content per cap and toy pistols, toy canes, toy guns or other devices for use of such caps, the sale and use of which shall be permitted as all times.

"Pre-application." Application submitted prior to March 15th of each year which verifies eligibility of applicant as defined by Section 8.36.010 to participate in the public drawing.

"Safe and sane fireworks." Shall mean and include any fireworks not designated as dangerous fireworks, except that, in any case, only end fuses may be used. The California State Fire Marshal's seal of registration shall be applied to all classified fireworks and pyrotechnic devices by a licensed manufacturer, importer, exporter or wholesaler and shall indicate the classification assigned by the state fire marshal.

"Stand." Any building, counter, or other structure of a temporary nature used in the sale or offering for sale of fireworks pursuant to a permit duly issued.

(Ord. 656, 2011)

A. It shall be unlawful for any person to sell or offer for sale any dangerous fireworks in the city.

B. It shall be unlawful for any person to sell or offer for sale any "safe and sane" fireworks in the city without first obtaining a permit therefor.

(Ord. 656, 2011)

The city council shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by a jurisdiction, other organizations or for use of fireworks by artisans in pursuit of their trade. Every such use or display shall be handled by a licensed operator approved by the city council and shall be of such character and so located, discharged or fired so as, in the opinion of the fire chief after proper investigation, not to be hazardous to property or endanger any person. Said rules and regulations are as follows:

A. Applications. Applications for permits shall be made in writing at least ten days in advance of the date of the display. After such privilege shall be granted, sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.

B. Bond for Fireworks Display Required. The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the city's risk manager for the payment of all damages which may be caused either to a person or persons or to property by reason of the permitted display and arising from any acts of the permittee, his agents, employees or subcontractors.

C. Disposal of Unfired Fireworks. Any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining.

(Ord. 656, 2011)

The maximum number of permits to sell "safe and sane fireworks" which may be issued pursuant to this article during any one calendar year shall not exceed one permit for each one thousand five hundred residents of the city, or major fraction thereof, based on the most recent population figure as determined by the Federal Decennial Census and updated annually by the California State Department of Finance. If the number of preapplications received up to and including the last day for making applications pursuant to this article exceeds the number of permits to be issued for the city, the city administrator shall thereafter supervise a public drawing to determine an order of priority for each preapplication. All applicants will be assigned a number in the order in which the preapplication is received and applicants for permits will be notified of date and time of drawing. Preapplications can be obtained at city hall between January 15 and March 15 each year and must be returned to city hall no later than March 15 at the end of business day. The drawing will be held between March 16 and March 31 each year.

(Ord. 656, 2011)

Permits to sell "safe and sane" fireworks shall be issued by the city clerk. Application packets for a permit will be furnished to eligible organizations whose number has been drawn. Each organization must meet all the applicable requirements set forth in the application for permits section and the permit issuance section.

A. Any eligible organization desiring to sell safe and sane fireworks in the city of Exeter shall obtain and return an application during the period commencing on the first business day of April and ending on the last business day of April each year at city hall.

B. Such applications shall be signed by a bona fide officer of the eligible organization, wherein the officer, on behalf of the organization and its agents, shall agree to abide by state laws and administrative regulations and all the stipulations of this Code and the permit if permission to operate a fireworks stand shall be granted to the organization.

C. Completed applications shall be returned to the city hall no later than four thirty p.m. on the last business day of April each year. Any eligible organization making an application for such permit to sell "safe and sane" fireworks that fails to return the completed application prior to four thirty p.m. on the last regular business day in April shall not be issued a permit to sell "safe and sane" fireworks.

(Ord. 656, 2011)

A. All eligible organizations shall obtain and submit to the city clerk the following forms supplied by city hall. Forms will be supplied to those organizations whose drawn assigned number is sequentially within the total number of permits to be issued. All other applicants will be placed on a waiting list in the sequence of their drawn assigned number. If an applicant does not satisfy the requirements of this section within the time periods identified in this section, the next drawn assigned number on the waiting list will be notified and provided with the following paperwork:

1. The property owner's release form signed by the property owner authorizing permission to erect a fireworks stand on his property;

2. The fireworks storage form indicating where and how the fireworks will be stored when not in the approved stand;

3. The state fire marshal's license to sell safe and sane fireworks;

4. A copy of the temporary seller's permit issued by the state board of equalization;

5. The certificate of insurance required by Section 8.36.140 of this article.

6. A statement of organization eligibility; and

7. A site plan indicating location of stand, distance to nearest building, ingress, egress, parking, etc.

B. These forms must be returned to city hall between the first business day of April and the last business day of April.

C. No permit issued or authorized shall be transferable or assignable.

D. When all the application requirements have been completed and the fireworks stand location has been approved, the director of public works shall authorize the erection of a fireworks stand. Each qualified organization shall pay to city hall the current established permit fee. This fee will include a refundable cleanup deposit. Each permit shall be for only one stand per eligible organization and shall be forwarded to the director of public works for delivery as set forth in subsection E. of this section.

E. Permits will be effective only when issued by the director of public works after the final inspection of the stand shows compliance with all the requirements of this article.

(Ord. 656, 2011)

Safe and sane fireworks, as defined by section 12529 of the California Health and Safety Code, as amended ("fireworks"), may be discharged within the city limits of the city of Exeter ("city") during the period beginning at twelve o'clock noon on June 28 and ending at eleven fifty-nine o'clock p.m. on July 4 of any year.

(Ord. 656, 2011)

It shall be unlawful for any person to ignite, explode, project, or otherwise fire or use, or permit the ignition, explosion or projection of any fireworks upon, over, or onto the private property of another, or to ignite, explode, project, or otherwise fire or make use of any fireworks within fifteen feet of any residence, dwelling or any other structure, public property, fields or waterway.

(Ord. 656, 2011)

"Safe and sane fireworks" may be sold within the city limits of the city of Exeter during the period beginning twelve o'clock noon on June 28 and ending at ten o'clock p.m. on July 4. The hours of operation of any stand shall be limited to nine o'clock a.m. to ten o'clock p.m. daily during the days identified in this article, except that hours of operation of any stand on June 28 shall commence at twelve o'clock noon.

(Ord. 656, 2011)

A. The manufacture of fireworks is prohibited within the jurisdiction.

B. No person shall possess, sell, deliver, deal in, use, explode or fire, or cause to be used, exploded or fired, any form of fireworks designated as "dangerous fireworks" by section 12505 of the Health and Safety Code of the state of California.

C. The possession, sale, delivery, dealing in, use, exploding or firing of any form of fireworks designated as "safe and sane fireworks" by section 12529 of the Health and Safety Code of the state of California is expressly prohibited, except as limited by this article.

D. It shall be unlawful to store any fireworks in any residence, home, garage, or automobile within the city of Exeter. It shall also be unlawful to store fireworks in excess of fifty pounds total combined weight in any building or other place within the city of Exeter unless said storage location has been inspected and approved for such use by the director of public works.

E. No fireworks shall be stored within one hundred feet of any gasoline service station or any garage located within twenty-five feet of any other structure. Any facility for the storage of fireworks shall maintain a minimum setback from the street curbing of ten feet.

F. No person shall light, or cause, or permit to be lighted, any fireworks, or any other article or material, within any structure approved for fireworks storage or sale, or within fifty feet thereof.

G. No smoking shall be allowed in any structure used for the storage or sale of fireworks, nor within fifty feet of said structure. "No Smoking" signs shall be prominently displayed.

(Ord. 1650, §4, 4-6-2004; Ord. 656, 2011)

It shall be unlawful for any eligible organization to which a permit has been issued:

A. To operate in violation of California Code of Regulations title 19, chapter 6, regulating the storage, transportation, sale and use of fireworks.

B. To obtain or use more than one permit for one stand per year.

C. To fail to clear all flammable or burnable materials within thirty feet from any fireworks stand and to maintain such conditions during the period prescribed for the sale of fireworks.

D. To allow smoking within fifty feet of any such business location or stand or to fail to post "No Smoking" signs with such wording in red letters not less than four inches in height on a white background on all sides of any such stand.

E. To fail to have immediately available within the stand a fully charged fire extinguisher of a type designated in part "D" of the following section.

F. To sell fireworks earlier than twelve o'clock noon on June 28 or later than ten o'clock p.m. on July 4.

G. To fail to dismantle and remove any stand or structure of any nature where fireworks were sold as of five o'clock p.m. July 8.

H. To sell fireworks to persons under sixteen years of age.

I. No person other than a member (or their spouse) of the organization or a volunteer who is associated with the organization having a permit shall be permitted to sell or otherwise participate in the sale of fireworks. At least one individual participating in the sale of fireworks in a stand must have attended the scheduled annual safety meeting provided by the city of Exeter. A maximum of one member for every four linear feet of stand (i.e., if the stand is thirty-two feet long, thirty-two divided by four equals eight members allowed in the stand) is permitted within the stand at any one time, and all persons selling fireworks must be at least eighteen years old.

J. No sleeping inside the fireworks stand will be permitted at any time.

K. No person shall use or handle fireworks while under the influence of intoxicating liquids or narcotics. Alcohol and narcotics are prohibited within the fireworks stand.

L. All electrical/spark producing appliances (fans, coolers, air conditioners, etc.) are prohibited inside the fireworks stands and shall not block the means of egress.

(Ord. 656, 2011)

All retail sales of "safe and sane fireworks" shall be permitted only from within a temporary fireworks stand and sales from any other building or structure is prohibited. Temporary stands shall be subject to the following provisions:

A. No fireworks stand shall be located within twenty-five feet of any other building or within one hundred feet of a gasoline pump, or within two hundred fifty feet of another fireworks stand, when measured closest to closest point. Minimum setback from the street curbing shall be ten feet. Stands shall not cover or impede any public right-of-way.

B. No stand shall have a floor area in excess of four hundred square feet. The width and length of each stand shall be a maximum of ten feet by forty feet, respectively.

C. Each stand must have at least two exits located on separate walls. Fireworks stands with only three sides and open from the back will not require exits. Fireworks stands will have exits at least thirty inches in width at both ends of the structure. An isle with a minimum width of thirty inches shall lead to each exit. Exits shall remain unobstructed. No supplies or other materials shall be stored in front of exit doors. All exit doors shall remain unlocked and unlatched whenever the stand is occupied.

D. A clear and unobstructed perimeter of twenty-five feet around the booth shall be maintained and identified with flagging tape, cones, or other suitable means. Perimeter flagging tape, cones, etc. shall remain in place at all times during which fireworks are present in the booth. Vehicle movement and parking shall not be permitted within the perimeter area when fireworks are present in the booth.

E. Each stand shall keep easily accessible a minimum of two, two and one-half-gallon fire extinguishers approved for such use and each shall be in good working order and bear a current inspection sticker.

F. All stands must be constructed of solid wood or metal.

G. After hours, stands must be properly secured or a security guard must be provided to patrol the premises. Under no circumstances shall the night watchman sleep within the fireworks stand.

H. All unsold stock and accompanying litter shall be removed from the sales location by five o'clock p.m. July 5.

I. All stock of fireworks, when not temporarily held within a sales booth during sales hours, shall be stored in a lockable steel shipping container (commonly referred to as a sea train) situated on, or adjacent to, the site of the sales booth. A minimum clearance of twenty-five feet between the sales booth and the storage container shall be maintained at all times.

J. Fireworks stand may be brought to the site one week prior to June 28 and must be dismantled and removed by five o'clock p.m. July 8.

K. Temporary lighting may be installed in the fireworks stands. Approved temporary lights must have a guard protecting the bulb/fixture and all wiring and fixtures must be 3-wire and grounded.

L. Primary power to the temporary lighting may be by means of on-site commercial power in a fixed facility or by means of an on-site portable generator. Generators must be located at least twenty-five feet from the fireworks stand. Location of portable generators must be approved by the director of public works.

M. Fuel for portable generators is not allowed to be kept on the premises.

N. No switches, electrical receptacles (plug ins), or splices are permitted within the stand.

O. Extension cords to the stand are to be heavy duty, minimum of fifteen amp capacity, and protected from vehicular damage. Romex is not an acceptable extension cord.

P. Swamp coolers and/or electrical fans must be positioned outside of the stand with a minimum clearance of five feet from the doorway.

Q. All trash shall be removed from the premises and the fireworks stand each evening at the close of business.

R. 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.

S. No alcoholic beverages shall be allowed on the premises. No person who is under the influence of alcoholic beverages shall enter, or be allowed in, the sales booth.

(Ord. 656, 2011)

The adequacy and suitability of fireworks stand locations shall be preapproved by the director of public works. in no instance shall any fireworks stand be located on a street that is predominately residential in nature.

(Ord. 656, 2011)

Prior to the issuance of a permit, the eligible organization shall procure a certificate of insurance acceptable to the city. The certificate shall name the city of Exeter, its officers, agents, employees and volunteers as "additional insured". The certificate shall evidence coverage in an amount determined by the city's risk manager; providing, however, the amount shall not be less than one million dollars combined bodily injury and property damage for each occurrence, and the deductible, if any, shall not be greater than one thousand dollars. The certificate shall specify the time, location, and dates to be covered by the policy. The certificate shall be provided to city hall no later than four thirty p.m. on the last regular business day in April of the subject year or at such other time as the city administrator may allow.

(Ord. 656, 2011)

The provisions of this article shall be construed so as not to conflict with the state fireworks law.

(Ord. 656, 2011)

Any violation of this article or other city laws, or the terms and conditions of the permit, or state laws or administrative regulations, or safety rules of the fire department shall be grounds for the immediate revocation of the permit. All officers, agents, and employees of the eligible organization shall be responsible for compliance with all the provisions of this article.

(Ord. 656, 2011)

The final decision to issue permits shall rest with the city administrator. In cases such as civil unrest, severe drought conditions, or any other such situation deemed to be harmful or to have the possibility of creating an extreme hazard to persons and/or property the city administrator shall be the final authority in granting permits for fireworks sales. The right to refuse permits to applicants who have violated the regulations in this article in previous years shall also rest with the city administrator.

(Ord. 656, 2011)

The director of public works, with the assistance of the Exeter Police Department, shall have the authority to seize, take, remove, or cause to be removed at the expense of the owner, all stocks of fireworks offered or exposed for sale, stored, or held in violation of this article.

(Ord. 656, 2011)

Nothing in this article shall be construed as prohibiting the use of torpedoes, flares, or fuses by railroads or other transportation agencies for signal purposes of illumination; or the sale or use of blank cartridges for ceremonial purposes, athletic, or sports events or military ceremonials or demonstrations; or the sale, discharge or display of fireworks by permittees having a permit as herein provided; or the use and display of fireworks of whatever nature by any person engaged in the production of motion pictures, theatricals, or operas when such use and display is a necessary part of such production; or the transportation of fireworks through the city in regular course, and in original packages or containers from any point outside of the city to any other point outside the city.

(Ord. 656, 2011)

Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor, subject to a penalty of a fine not to exceed five hundred dollars or imprisonment in the county jail for a period not to exceed thirty days, or both; provided that a misdemeanor conviction for possession and/or discharge of dangerous fireworks shall be punishable by a fine of one thousand five hundred dollars. Notwithstanding the classification of a violation as a misdemeanor, at the time the action is commenced to enforce the provisions of this chapter, the city attorney may reduce the charged offense to an infraction. Any person convicted of an infraction under this chapter shall be punished pursuant to Section 1.12.030 of the Municipal Code.

(Ord. 656, 2011)