Goleta Municipal Code Ch. 12.12 Pyrotechnic Events

It is the purpose of the City Council to establish a process for permitting pyrotechnic events conducted anywhere within the City (1) to address potential traffic, noise and other environmental impacts to neighborhoods and adjacent areas, (2) to allow the City to require permit applications for pyrotechnic events, (3) to allow the City to regulate the time, place, frequency and manner of such pyrotechnics events to preserve and protect the health, safety and welfare of its citizens and all who attend such events, and (4) to ensure that pyrotechnic events are in conformity with any applicable land use regulations and permits for the properties from which they are conducted.

(Ord. 05-03 § 1)

As used in this chapter, the following terms shall have the meanings as designated:

“Pyrotechnic device”

means any combination of materials, including pyrotechnic compositions, which, by the agency of fire, produce an audible, visual mechanical or thermal effect.

“Pyrotechnic event”

means an event where pyrotechnic devices are used anywhere within the City.

“Permitted event”

means a pyrotechnic event that is allowed under the Municipal Code regulations.

“Pyrotechnic event permit”

means a permit issued by the City Manager under the provisions of the Municipal Code.

“Pyrotechnic operator”

means any licensed pyrotechnic operator, who by examination, experience and training has demonstrated the skill and ability in the use and discharge of fireworks as authorized by the license granted.

“Environmentally sensitive areas”

are defined as areas in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem, and which could be easily disturbed or degraded by human activities and developments.

(Ord. 05-03 § 1; Ord. 20-03 § 5)

A. Any pyrotechnic event organizer or permit applicant seeking to conduct, promote, manage, aid or solicit attendance at a pyrotechnic event located anywhere within the jurisdiction of the City, shall first obtain a pyrotechnic event permit from the City pursuant to this chapter. It shall be unlawful and a violation of this Code to conduct a pyrotechnic event without a valid approval issued by the City.

B. No permit issued under the provisions of this chapter shall be transferable or movable to another location or to another pyrotechnic event organizer.

C. Pyrotechnic event permits expire 90 days from date of issuance unless otherwise specified in the permit.

D. Pyrotechnic events shall only be permitted on the 4th of July and New Year’s Eve. No other pyrotechnic events, private or otherwise, are permitted under this chapter. In the event of adverse conditions, the pyrotechnic event shall be conducted on a date established by the city in consultation with the permittee.

(Ord. 05-03 § 1)

A. Applications for pyrotechnic events shall be completed in writing on the City’s form and filed a minimum of 45 days prior to permitted event. Exceptions to these time requirements shall be made by the City Manager or his or her designee, where it is determined that: (1) due to circumstances beyond the control of the pyrotechnic event organizer, the application was not timely submitted; (2) the purpose of the event would become moot if it were held at a later time; (3) that there are sufficient staff resources available to process the application in the shorter time frame; and (4) potential impacts to adjacent event areas can be properly addressed in a timely manner.

B. City Processing of Pyrotechnic Event Permit Application.

1. Pyrotechnic event permits shall be issued or denied within 15 business days after the application is received. Applications for a pyrotechnic event permit are approved by the City Manager.

2. The City is not required to take final action on an incomplete or untimely pyrotechnic event permit application.

3. It is the responsibility of the permit applicant to obtain all necessary approvals from the Fire Department once a pyrotechnic event permit has been issued by the City.

4. Final action on a completed pyrotechnic event permit application shall consist of one of the following:

a. Issuance of a pyrotechnic event permit in accordance with the terms of the application; or

b. Denial of the pyrotechnic event permit application by the City.

5. Issuance of a pyrotechnic event permit does not obligate city services. Issuance of a pyrotechnic event permit does not obligate or require the City to provide City services, equipment or personnel in support of a pyrotechnic event. All costs shall be borne by the permit applicant and/or reimbursed to the City if public services are necessary. Said costs and services shall be identified and agreed to in advance, in writing, prior to the issuance of a pyrotechnic event permit.

(Ord. 05-03 § 1)

An application for a pyrotechnic event permit is deemed completed when the applicant has provided all of the information required, including any additional information required by the City.

(Ord. 05-03 § 1)

The City may issue a pyrotechnic event permit when all of the following conditions listed below are met:

A. The pyrotechnic event will not substantially interrupt the safe and orderly movement of aerial navigation.

B. The pyrotechnic event will not substantially interrupt public transportation or other vehicular and pedestrian traffic in the area.

C. The pyrotechnic event will not require the diversion of police and fire resources from their normal duties, thereby preventing reasonable police and fire protection for the remainder of the City.

D. The pyrotechnic event will not be conducted at a time or place that causes a disturbance of the peace to adjacent neighborhoods, commercial or industrial areas.

E. The pyrotechnic event will not be in conflict with existing land uses or in conflict with any applicable zoning regulations or existing permit requirements for the subject property where the event is being conducted.

F. The pyrotechnic event will not adversely impact environmentally sensitive habitat areas or the environment in general.

(Ord. 05-03 § 1)

A. The City may deny a pyrotechnic event permit to an applicant who has not:

1. Adequately provided services for crowd and traffic control and safety; or

2. Adequately provided sufficient safety, health or sanitation equipment, services or facilities that are reasonably necessary to ensure that the pyrotechnic event will be conducted with due regard to public safety; or

3. Adequately provided sufficient off-site parking or shuttle service, or both, when required to minimize any substantial adverse impact on general parking and traffic circulation in the vicinity of the pyrotechnic event; or

4. Adequately provided for the cleanup of the area or route to the same condition of material preservation and cleanliness as existed prior to the pyrotechnic event; or

5. Met all the requirements for submitting an application for a pyrotechnic event permit including timely submittal of a permit application; or

6. Complied with any term of this policy or any condition of a pyrotechnic event permit previously issued to the applicant; or

7. Properly and adequately noticed adjacent neighborhoods or adjacent areas at least 10 days prior to the event. Said notice shall include the name, telephone number and other contact information for residents to call for any questions or concerns about the event. In addition, said notice shall include the time, place, description and duration of all pyrotechnic activities. Noticing shall be accomplished by a direct mailing to affected neighborhoods and a newspaper ad in a local newspaper of general circulation. All costs associated with the noticing of the event shall be the responsibility of the permit applicant. Proof of noticing shall be provided to the City;

8. Complied with all existing land use regulations and existing permit conditions, if any, for the property from which the event is being conducted;

9. Adequately mitigated any impacts resulting from the pyrotechnic event to any potentially impacted environmentally sensitive habitat area or any other environmental impacts.

B. The City shall deny a pyrotechnic event permit if:

1. It may create an imminent possibility of violent disorderly conduct likely to endanger public safety or result in significant property damage; or

2. It will violate public health or safety laws; or

3. The pyrotechnic event organizer has failed to conduct a previously authorized pyrotechnic event permit in accordance with law or the terms of a permit, or both; or

4. The applicant has not obtained the approval of any other public agency within whose jurisdiction the pyrotechnic event permit or portion thereof will occur; or

5. The applicant has failed to provide an adequate on-site first aid or emergency medical services plan for event attendees; or

6. The applicant has not obtained written approval from the property owner from which the pyrotechnic event would be conducted; or

7. The applicant has submitted false or fraudulent information in an attempt to obtain a permit; or

8. The pyrotechnic event permit will create a significant environmental impact to either on- or off-site resources that are not mitigated to less than a significant level.

(Ord. 05-03 § 1)

A. If an application for a permitted event is denied, the applicant will be notified in writing within five days.

B. The denial of a pyrotechnic event permit may be appealed to the City Council in the same manner as appeals from zoning matters as set forth in the Zoning Ordinance.

C. The decision of the City Council to grant or deny the appeal shall be final.

(Ord. 05-03 § 1)

A copy of the pyrotechnic event permit shall be kept on-site and presented upon demand of any City fire or law enforcement official during the event.

(Ord. 05-03 § 1)

A. Pyrotechnic event permit shall contain the following information and any permit conditions:

1. The location of the event, which may be identified by a map attached to the pyrotechnic event permit,

2. The date, assembly area, time for assembly, starting and ending time of the pyrotechnic event, traffic control measures, parking layouts, and other information related to the event,

3. Specific times for pyrotechnic events,

4. The contact information for the pyrotechnic operators, permit applicant, event sponsor, property owner, event security or traffic control personnel,

5. A brief description of the proposed event,

6. Provisions for adequate on-site first aid or a medical emergency services plan for event attendees,

7. Provisions for cleaning up the area in and around the pyrotechnic event, both during and upon completion of the event, and returning the area to the same condition of material preservation and cleanliness as existed prior to the event,

8. Permit conditions restricting the direction of where pyrotechnic devices are discharged to provide for mitigation of environmental or neighborhood impacts,

9. Such other information and conditions as are reasonably necessary for the conduct of the pyrotechnic event and enforcement of this policy, and

10. A description of the environmentally sensitive areas in and around the pyrotechnic event, the potential environmental impacts associated with the event, and suggested mitigation to reduce the level of impact.

B. All pyrotechnic events shall be coordinated as to time so that they occur simultaneously.

(Ord. 05-03 § 1)

A. The applicant for a pyrotechnic event must possess or obtain comprehensive general liability insurance and auto insurance, as required below, to protect the City against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the event. Such insurance shall name the City of Goleta, its officers, employees and agents, and, as required, any other public entity involved in the event as additional insureds. Insurance coverage must be maintained for the duration of the event, including setup and breakdown. Notice of cancellation shall be provided immediately to the City.

B. The comprehensive general liability insurance coverage shall be in a combined single limit of at least $1,000,000.00 or such amount as may be established by the City.

C. A copy of the insurance policy required by this section shall be filed with the City prior to issuance of the permit.

(Ord. 05-03 § 1)

A. Any pyrotechnic event permit issued pursuant to this chapter may be revoked if the City determines:

1. The event is being conducted in violation of any condition of the issued permit; or

2. The event poses a threat to health or safety; or

3. The applicant or event organizer or any person associated with the event has failed to obtain any other permit required pursuant to this policy; or

4. The pyrotechnic event permit was issued in error or contrary to law.

B. Notices of revocation shall be in writing and specifically set forth the reasons for the revocation.

C. If there is an emergency requiring immediate revocation of a pyrotechnic event permit, the City may notify the permit holder verbally of the revocation.

D. An appeal from a revocation shall be handled in the same manner as set forth in Section 12.12.080.

(Ord. 05-03 § 1)

The City Manager or other designated officers and employees are authorized to administer and enforce the provisions of this chapter.

(Ord. 05-03 § 1)

The issuance of a pyrotechnic event permit does not relieve any person from the obligation to obtain a business license or any other permit including, but not limited to, any permit or license required by the Goleta Municipal Code or permit or license required by State law. In addition, all permit applicants shall fully comply with Fire Department regulations and conditions.

(Ord. 05-03 § 1)

Whenever a pyrotechnic event is conducted without a permit, or a pyrotechnic event is conducted in violation of the terms of an issued permit, the applicant or event organizer shall be responsible for, and the City shall charge the applicant or event organizer for, all City costs incurred for personnel and equipment involved in any response, clean-up, investigation, or enforcement caused or necessitated by the adverse unlawful pyrotechnic event.

(Ord. 05-03 § 1)

The application fee for a pyrotechnic event permit shall be established by the City Council, and at the time of adoption of the ordinance codified in this chapter is the sum of $280.00.

(Ord. 05-03 § 1)