Fresno County Municipal Code Ch. 8.36 Fireworks

Footnotes:

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State Law reference— For statutory provisions on the abatement of hazardous weeds, etc., by counties, see Health & Saf. Code § 14875 et seq.

It is unlawful for any person to offer or display for sale or sell any "safe and sane fireworks," as defined in Chapter 1, Division 11, Part 2 of the Health and Safety Code or as may hereafter be defined by said code, without first obtaining a permit therefor from the fire official having jurisdiction as provided in this chapter.

(Ord. R-83-004, § 1; Ord. 484-A-4, § 1, 1975; prior code, § 487)

Any person desiring to sell "safe and sane fireworks" may apply to the chief fire prevention officer of the fire protection district having jurisdiction over the proposed site for a permit to sell such fireworks. The application shall be accompanied by a fee equal to the actual cost of issuing such permit as may be deterred from time to time by resolution of the board of supervisors. The fire official having jurisdiction over the site shall make an investigation and determine whether such a display as proposed will, be of such character or so located that it may be hazardous to property or dangerous to any person. The fire officer shall in the exercise of reasonable discretion, grant or deny the permit subject to such conditions as he or she may prescribe. Such permit shall not be issued where it appears from the report of the investigating officer that any of the following conditions exist:

A. That the place of sale is so located that it will or might constitute a hazard to persons or property;

B. That the place of sale is so located as to create an unreasonable traffic hazard;

C. That the place of sale is located in close proximity to forest, fallow, or grass or brush-covered lands; and

D. That any other condition exists which would make it unlawful to sell at retail from the proposed place of sale.

If none of such conditions exist, the fire official shall issue the permit, and may attach thereto any reasonable conditions as, in his or her opinion, are required to assure none of the conditions above-described will be created by the permittee. As a condition attached to the issuance of a permit, the fire official may prohibit the sale of any particular article or articles of "safe and sane fireworks," the use of which, in the opinion of the fire official, constitutes a fire hazard. Any permit issued shall cover only the period from June 28th at twelve noon to July 6th at twelve noon of the calendar year in which issued.

Any person denied a permit under this chapter may appeal such decision to the board of supervisors of the county by filing a letter requesting a hearing with the clerk to the board of supervisors within ten days of such denial. The appeal shall contain a statement of reasons therefor. The board of supervisors may sustain, modify or reverse the decision of the fire official. The decision of the board of supervisors shall be final.

(Ord. 98-003, § 1; Ord. R-83-005, § 2; Ord. 484-A-5, § 1, 1979; prior code, § 488)

It is unlawful for any person to violate a condition which the fire official or the board of supervisors attaches to the issuance of a permit under this chapter.

(Ord. R-83-005, § 3; prior code, § 488.1)

The following areas of the county are declared to be primarily forest, fallow, or grass or brush-covered lands particularly susceptible to damage by fires, and it is unlawful for any person to use or discharge any fireworks of any kind or nature therein:

A. All that certain area lying within the easterly part of the county and particularly described as all that area lying easterly of the Friant-Kern Canal; except that with any necessary license or permit, public display of fireworks may be used or discharged on or from Boy Scout Island on Shaver Lake.

B. That certain area lying within the westerly part of the county and particularly described as that area lying westerly of the highway designated Interstate 5.

C. The unincorporated territory of Fresno County located between Highway 99 and Highway 41 from the centerline of the San Joaquin River southerly to the Fresno City limits, and those parcels of real property more particularly described by the following Fresno County Assessor's parcels numbers: 405-170-01, 405-170-06, 405-170-07, 405-170-24, 405-170-25, 405-170-26, 405-170-27, 405-170-28, 405-170-29, 405-170-30, 405-170-33, 405-170-34, 405-170-35, 405-170-36, 405-170-71, 405-170-72, 405-170-79, 405-170-80.

(Ord. No. 10-017, § 1, 9-14-2010; Ord. 01-004, § 1; Ord. 75-484-A-4, § 2; prior code, 489)

on December 26, 1999 and midnight on January 1, 2000.

Not withstanding the provisions of Section 8.36.020, the fire official having jurisdiction over the proposed site may issue permits to sell "safe and sane fireworks" for the period between nine a.m. on December 26, 1999, and midnight of January 1, 2000. All fireworks sold under permits issued under this section shall have been certified as safe and sane by the sate fire marshal as of June, 1999. Any permit issued hereunder shall cover only the period between nine a.m. on December 26, 1999, until midnight of January 1, 2000. All procedures and conditions for issuance and denial of a permit for the sale of fireworks set forth in section 8.36.020 shall apply to any permit issued under this subsection, with the exception of the time limitation for coverage of such permits set forth in Section 8.36.020.

(Ord. 99-011)