Fowler Municipal Code Ch. 6 Fireworks

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Code compliance department" means the department or employee within the City primarily responsible for enforcing City codes and ordinances.

"Dangerous fireworks" means any fireworks specified as such in the State Fireworks Law, Sections 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.

"Not-for-profit organization" means 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 chapter (and which continues to do so thereafter):

(1) The organization must be a duly organized not-for-profit charitable, religious, civic, patriotic or community service organization;

(2) The organization must be headquartered within and clearly affiliated or identified with Fowler;

(3) The organization must be one which provides direct and regular community services and benefits to the citizens of the City; and

(4) The organization must hold its regularly scheduled meetings within the City.

"Not-for-profit organization" also means an organization which has met the criteria set out in subsections (1), (2) and (3) of this definition for a continuous period of not less than five (5) full years preceding submittal of an application for the permit required by this chapter (and which continues to do so thereafter) and which demonstrates at the time of each application that the criteria set forth in subsection (4) of this definition is not met only because adequate and appropriate facilities for the organization's regular meetings are not available for such purposes within City limits.

"Safe and sane fireworks" means and include any fireworks not designated as "dangerous fireworks", except, that, in any case, only end fuses may be used.

"Stand" means 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. 2008-02 § 1 (part), 3-19-08)

(a) It is unlawful for any person to sell or offer for sale any dangerous fireworks in the City.

(b) It is unlawful for any person to sell or offer for sale any safe and sane fireworks in the City without first obtaining a permit therefor from the City as set forth in this chapter.

(Ord. 2008-02 § 1 (part), 3-19-08)

Fireworks stands will be allowed only on property in the City that is not currently zoned for any residential use. An exception may be allowed by the City Manager for property currently zoned for residential use but designated on an adopted general or specific plan for a future nonresidential use.

(Ord. 2008-02 § 1 (part), 3-19-08)

Permits to sell safe and sane fireworks shall be issued by the City Clerk upon application therefor only to not-for-profit organizations that have met all of the requirements set forth in this section.

(a) Any not-for-profit organization desiring to sell safe and sane fireworks in the City shall make an application therefor on an annual basis to the City Clerk. Applications will not be accepted before April 1st nor later than May 15th.

(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 that if a permit is granted they will:

(1) Comply with applicable State statutes and administrative regulations; and

(2) Comply with the requirements of this chapter, the Fowler Municipal Code, and the permit.

(c) All organizations shall obtain and submit to the City Clerk as part of the completed application the following:

(1) A property owners release form signed by the property owner authorizing permission to erect a fireworks stand on his or her property;

(2) A fireworks storage form indicating where 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 4-6.06 of this chapter;

(6) A statement of nonprofit organization eligibility; and

(7) A site plan.

Subsections (c)(1), (c)(2), and (c)(6) of this section, as well as the application form, shall be submitted on forms supplied by the City Clerk or otherwise approved by the City Clerk.

(d) If the application is accurate and complete, and the organization is eligible for the permit, the City Clerk shall authorize the issuance of a permit conditioned upon:

(1) Approval of the location of the fireworks stand by the Fire Department and Code Compliance Department. In approving the location, the Fire Department and Code Compliance Department will consider public safety, as well as ingress, egress, and adequate parking;

(2) Final inspection by the Fire Department and the Code Compliance Department to verify compliance with the requirements of this chapter.

(e) Each application for a permit should be accompanied by a permit fee in the amount of seventy-five dollars ($75.00) to cover the City's costs of processing the application and inspecting the fireworks stand.

(f) Each permit shall be for only one stand per eligible organization.

(g) Permits will only be effective when delivered by the Fire Department or Code Compliance Department after final inspection of the fireworks stand shows compliance with all requirements of this chapter.

(Ord. 2008-02 § 1 (part), 3-19-08)

It is unlawful for any organization to which a permit has been issued:

(a) To operate in violation of State of California statutes and administrative regulations governing 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 (30) feet from any fireworks stand and to maintain such condition during the period prescribed for the sale of fireworks;

(d) To allow smoking within twenty-five (25) 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 two (2) 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 certified fire extinguisher or other fire extinguishing device of a type approved by the Fire Department;

(f) To sell fireworks earlier than 12:00 p.m. on June 28th or later than 10:00 p.m. on July 4th;

(g) To fail to dismantle and remove any stand or structure of any nature where fireworks are sold or offered for sale by July 6th; and

(h) To obtain or use more than one stand per year.

The Fire Department and Code Compliance Department may impose additional conditions upon the issuance of a permit to protect the public health, safety, and welfare of the citizens of Fowler, and to ensure compliance with State statutes and regulations and this chapter.

(Ord. 2008-02 § 1 (part), 3-19-08)

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, and its officers, agents, and employees, as additional insureds in the amount of not less than one million dollars ($1,000,000.00) combined bodily injury and property damage for each occurrence. The certificate shall specify the time, location, and dates to be covered by the policy. The certificate shall be provided to the City Clerk concurrently with the application or at such other time as the City Clerk may allow, but in no event later than when the permit is delivered.

(Ord. 2008-02 § 1 (part), 3-19-08)

The provisions of this chapter shall be construed so as not to conflict with the State Fireworks Law.

(Ord. 2008-02 § 1 (part), 3-19-08)

Any violation of this chapter, other City laws, the terms and conditions of the permit, State laws or administrative regulations, or safety rules of the Fire Department and Code Compliance Department, shall be grounds for immediate revocation of the permit. All officers, agents, and employees of the permittees shall be responsible for compliance with all the provisions of this chapter.

(Ord. 2008-02 § 1 (part), 3-19-08)

It shall be a violation of the Municipal Code to possess or use any illegal or dangerous fireworks. Fines may be assessed for a violation of this section in the amount of $1,000.00 for each violation pursuant to section 1-8.08 of the Municipal Code, in addition to any other remedies available under the Municipal Code.

(Ord. No. 2016-02, § 1, 1-19-16)