Grand Terrace Municipal Code Ch. 8.112 Fireworks

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Editor's note— Ord. No. 285, § 1, adopted October 27, 2015, amended Chapter 8.112 in its entirety to read as herein set out. Formerly, Chapter 8.112, §§ 8.112.010—8.112.150 pertained to similar subject matter, and derived from Ord. No. 178, §§ 1—14, adopted in 1998; Ord. No. 224, § 1, adopted in 2006, and Ord. No. 249, § 1, adopted April 27, 2010.

Safe and sane fireworks as defined by Section 12529 of the California Health and Safety Code may be sold within the City during the period of June 28 through July 4, 12:00 p.m., noon, to 9:00 p.m. by persons possessing an appropriate permit pursuant to Section 8.112.020. The selling of fireworks without a permit is prohibited. Safe and sane fireworks may be discharged solely on July 4, between the hours of 12:00 p.m., noon, to 10:00 p.m.

(Ord. No. 366, § 9, 5-13-2025; Ord. No. 285, § 1, 10-27-2015)

It shall be unlawful for any person to possess, store, manufacture, transport, give, hold for others, offer for sale, expose for sale, sell at retail or wholesale, or use, discharge or explode, within the City, any fireworks which are classified as dangerous fireworks, as that term is defined by Subsections 12505 and 12561 of the Health and Safety Code of the State, except as provided in Section 8.112.030.

(Ord. No. 285, § 1, 10-27-2015)

A. It shall be unlawful to cause, allow, permit, aid, abet, or suffer any discharge of "dangerous fireworks", including a public display or any use of special effects without having first obtained a permit therefore from the Fire Chief and Community Development Director.

B. Notwithstanding any other provisions of this Chapter, the Community Development Director may conditionally grant a permit for the supervised public display of fireworks in the City at an approved site to any organization who desires to conduct a public display of fireworks for the general public and citizens of the City. Such display of fireworks within the City shall be allowed only upon a permit being granted by the Community Development Director, which permit shall be issued subject to such rules, regulations and conditions as the director may impose, including but not limited to, the competency of the persons operating the display of fireworks, the location of such display, the type of fireworks to be used and the time for such fireworks display.

C. All applications for any such permit for public display of fireworks shall be made in writing in the form of a special event application and filing fee, and filed with the Community Development Director at least 60 days before the proposed date of such display. No permit granted pursuant to this Chapter shall be transferable, and any such permit shall only be valid for the time and place specified in such permit. Any permittee granted the right to conduct a public display of fireworks by the Community Development Director shall furnish public liability and property damage insurance in amounts and coverages, as specified in Subsection 8.112.060.C, except that the policy shall provide limits of bodily injury and property damage liability of not less than $5,000,000.00 combined single limits for each occurrence annually for payments of damages to persons or property which may result from or be caused by such public display of fireworks, or any negligence on the part of the licensee or his/her/its agents, servants, employees and/or subcontractors presenting such public display.

D. The Community Development Director shall not issue a permit for public display until and unless the permittee has applied and received a permit from the Fire Chief or designee. The Fire Chief shall have authority to adopt reasonable rules and regulations for the granting of permits for those activities contained in Section 12640 of the California Health and Safety Code, including supervised public displays of fireworks by a jurisdiction or other organization. Each such use or display shall be handled by a licensed pyrotechnic operator (as defined by Section 12527 of the California Health and Safety Code) in accordance with a City-issued permit, and shall be of such character and so located, discharged or fired as in the opinion of the Fire Chief or his designee, after proper investigation, will not be hazardous or endanger any person.

(Ord. No. 285, § 1, 10-27-2015)

The decision of the Fire Chief or Community Development Director in acting on an application for a permit to conduct a public display of fireworks in accordance with the provision of this Chapter shall be subject to an appeal by the applicant to the City Manager. Notice of such appeal shall be filed with the City Manager within ten days after the date of the decision regarding such fireworks permit. Upon failure to file such notice within the ten-day period, the action of the Fire Chief or Community Development Director shall be final and conclusive. The applicant may appeal the decision of the City Manager to the City Council by filing a notice of appeal with the City Clerk within ten days after the date of the City Manager's decision. Upon failure to file such a notice within the ten days, the action of the City Manager shall be final and conclusive.

(Ord. No. 285, § 1, 10-27-2015)

Except as provided in this Chapter, it is unlawful for any person to offer for sale or sell at retail any fireworks of any kind in the City without having first applied for and received a permit therefor, pursuant to Health and Safety Code Section 12640.

(Ord. No. 285, § 1, 10-27-2015)

All applications for a permit to sell fireworks shall:

A. Be made in writing via a land use application to the Community Development Department accompanied by a filing fee and inspection fee in the amounts set forth by resolution of the City Council and a deposit pursuant to Section 8.112.110. In addition, a fee set by resolution of the City Council shall be paid by the permittee to the City within 30 days following the close of sales by applicant as partial reimbursement for extra law enforcement. All fees required hereunder are not for the purpose of revenue but shall be used to defray the reasonable regulatory costs of processing and issuing the permits contemplated herein, investigations, inspections, audits, enforcement, and adjudication thereof.

B. Set forth the proposed location of the fireworks stand applied for. The stands must be on private property located in the commercial, industrial, or manufacturing zones and the written permission of the owner of record or lessee must accompany the application according to Zoning Code Section 18.73.211, Temporary uses allowed.

C. Be accompanied by an assurance that if the permit is issued to applicant, applicant shall, at the time of receipt of the permit, deliver to the City Clerk's Office a certificate evidencing an occurrence-based policy with the following minimum limits: $1,000,000.00 public liability and property damage, and general aggregate coverage of $2,000,000.00 and with a certificate of endorsement designating the City of Grand Terrace as an additional insured under this Chapter. No policy will be acceptable which contains a provision allowing a deductible amount. A copy of the requisite State retail sales permit from the Office of the California State Fire Marshal shall also be attached.

D. Be routed to the Fire Chief, Building and Safety Director, and the Sheriff's Department. The Community Development Department will evaluate the location of the fireworks stand and related issues.

(Ord. No. 330, § 34, 5-12-2020; Ord. No. 285, § 1, 10-27-2015)

The following qualifications must be met by each applicant for a license issued under this Chapter:

A. No permit shall be issued to any person, firm or corporation except nonprofit associations or corporations organized primarily for youth sports.

B. Each such organization must have its principal and permanent meeting place in the corporate limits of the City and must have been organized and established in the City's corporate limits for a minimum of one year continuously preceding the filing of the application for the permit, and must have a bona fide membership of at least 150 members.

C. No organization may receive more than one permit for fireworks sale. One permit may be issued to two or more qualifying applicants as a joint venture. The maximum number of permits which may be issued pursuant to this Chapter shall be one.

(Ord. No. 285, § 1, 10-27-2015)

A. The Fire Chief or his designee shall be authorized to suspend immediately and without notice or formal hearing the permit of any permittee which violates any rule, regulation or ordinance while operating or preparing to operate a fireworks stand during or immediately preceding any period of sale. If the Fire Chief or his designee establishes that a violation has occurred too late to suspend the permit during the period of sale, he shall have power to suspend the permittee from future permits, and to suspend the priority of the permittee for any such violation found to have occurred during or immediately preceding or immediately following the authorized period of sale.

B. The decision of the Fire Chief or his designee to suspend the permit of any permittee shall be subject to review by the City Manager, forthwith. In view of the limited sales period each year, for suspensions affecting the sale period, such hearing shall be held at the earliest possible time that the permittee, City Manager or his designee, and the representative of the Fire Chief can schedule a meeting for such review.

(Ord. No. 285, § 1, 10-27-2015)

A. It is unlawful for the permittee organization to permit any person other than the permittee organization to operate the stand for which the permit is issued or to otherwise participate in the profits of the operation of such stand.

B. It is unlawful for the permittee organization to permit any person other than the individuals who are members of the permittee organization, or the spouses or adult children of such members, to sell or otherwise participate in the sale of fireworks at such stand.

C. It is unlawful for the permittee organization to pay any consideration to any person for selling or otherwise participating in the sale of fireworks at such stand.

D. No person under the age of 18 years shall sell or participate in the sale of safe and sane fireworks within such stand.

E. Pursuant to California Health and Safety Code Section 12689(b), safe and sane fireworks shall not be sold to any person under the age of 16 years.

F. No person shall smoke within 25 feet of the fireworks stand. No person shall light, cause to be lighted or permit to be lighted any fireworks or combustible material within 50 feet of any safe and sane fireworks stand.

(Ord. No. 285, § 1, 10-27-2015)

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 hereby prohibited. Temporary stands shall be subject to the following provisions:

A. No fireworks stand shall be located within 25 feet of any other building nor within 100 feet of any gasoline pump.

B. Fireworks stands need not comply with the provisions of the building code of the City; provided, however, that all stands shall be erected under the supervision of the Building and Safety Director, who shall require that stands be constructed in a manner that will reasonably insure the safety of attendants and patrons. The applicant shall pay an inspection fee to recover the cost of inspection.

C. No stand shall have a floor area in excess of 300 square feet.

D. Each stand in excess of 24 feet in length must have at least two exits. Each stand in excess of 40 feet in length must have at least three exits spaced approximately equidistance apart; provided, however, that in no case shall the distance between exits exceed 24 feet.

E. Each stand shall be provided with two two-and-one-half gallon soda-and-acid or water pressure type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case of fire.

F. The permittee shall post on the fireworks stand a minimum of two maps depicting the City "No Fireworks Safety Zone". The maps shall measure a minimum of 24 inches by 36 inches. The permittee shall also post current notices and fines at the fireworks stand and copies of the rules and fines handed out with the sale of fireworks.

(Ord. No. 285, § 1, 10-27-2015)

The permittee shall deposit a fee as set forth by resolution of the City Council with the City at the time of the land use application for the purpose of placing a published advertisement in the local paper of general circulation advising Grand Terrace residents of the provisions regulating the discharging of safe and sane fireworks, including the prohibition of discharging fireworks within the No Fireworks Safety Zone. Any portion of said deposit in excess of the cost to the City for placing said advertisement shall be returned to permittee no later than July 14th.

(Ord. No. 330, § 35, 5-12-2020; Ord. No. 285, § 1, 10-27-2015)

A. All weeds and combustible material shall be cleared from the location of the stand including a distance of at least 20 feet surrounding the stand.

B. "No smoking" signs shall be prominently displayed on the fireworks stand.

C. Each stand must have an adult of at least 21 years of age in attendance and in charge thereof while fireworks are stored therein. Sleeping or remaining in the stand after close of business each day is forbidden.

D. The sale of fireworks shall not begin before 12:00 noon on the 28th day of June and shall not continue after 9:00 p.m. on the 4th day of July.

E. All unsold stock and accompanying litter shall be removed from the location by 5:00 p.m. on the 6th day of July.

F. The fireworks stand shall be removed from the temporary location by 12:00 noon on the 8th day of July, and all accompanying litter shall be cleared from the location by said time and date.

(Ord. No. 285, § 1, 10-27-2015)

Organizations licensed for the selling of fireworks are required to obtain a temporary sales tax permit from the San Bernardino office of the State Board of Equalization.

(Ord. No. 285, § 1, 10-27-2015)

The permit to sell fireworks and temporary sales tax permit shall be displayed in a prominent place in the fireworks stand.

(Ord. No. 285, § 1, 10-27-2015)

The use of fireworks in the City shall be limited to private property. No fireworks shall be discharged on public, semipublic or private open areas such as parking lots, vacant properties, in a public street right-of-way or public parks.

(Ord. No. 285, § 1, 10-27-2015)

It is unlawful for any person to ignite, explode, project, or otherwise fire or use, any fireworks, or permit the ignition, explosion or projection thereof, upon or over or onto the property of another without his consent, or to ignite, explode, project, or otherwise fire or make use of, any fireworks within ten feet of any resident dwelling or other structure used as a place of habitation by human beings. Fireworks shall not be discharged within 200 feet of any dry grass or brush-covered land.

(Ord. No. 285, § 1, 10-27-2015)

Fireworks shall be defined as set forth in California Health and Safety Code Section 12511.

(Ord. No. 285, § 1, 10-27-2015)

It shall be unlawful for any person to discharge fireworks of any type within the "Very High Fire Hazard Severity Zone" on the Local Responsibility Area Fire Hazard Severity Zone Map as identified by the State Fire Marshal.

(Ord. No. 367, § 2, 6-10-2025; Ord. No. 285, § 1, 10-27-2015)

The San Bernardino County Fire Department and San Bernardino County Sheriff's Department, acting together or separately, are authorized and directed to seize, take, remove or cause to be removed at the expense of the owner any fireworks offered or exposed for sale, stored or held or possessed in violation of the provisions of this Chapter and Section 7802 of the California Fire Code.

(Ord. No. 285, § 1, 10-27-2015)

A. Purpose.

1. This Chapter authorizes the imposition of administrative fines on any person who violates any provision of this Chapter in order to encourage and obtain compliance with the provisions of this Chapter for the benefit and protection of the entire community. This Section governs the imposition, enforcement, collection and administrative review of all administrative fines, related to: the possession, use, storage, sale and/or display of those fireworks classified as "dangerous fireworks" in California Health and Safety Code § 12500, et seq., with the exception of a pyrotechnic licensee when operating pursuant to that license; and the use of "safe and sane fireworks" as defined in California Health and Safety Code § 12500 et seq. on or at dates, times and/or locations other than those permitted by this Chapter. Said administrative fines are imposed under authority of Government Code § 53069.4, Health and Safety Code § 12557, and police power of the City.

2. The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the City authorized hereunder; and the issuance of a citation to any person constitutes but one remedy of the City to redress violations of this Code by any person. By adopting this Chapter, the City does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any violation of this Code by any person, which this City may otherwise pursue.

3. The imposition of fines related to "dangerous fireworks" under this Chapter shall be limited to persons who possess, sell, use and/or display, or the seizure of, less than 25 pounds (gross weight) of such "dangerous fireworks."

4. Fines collected pursuant to this Chapter related to "dangerous fireworks" shall not be subject to Health and Safety Code § 12706, which Section provides that certain fines collected by a court of the State be deposited with, and disbursed by, the County Treasurer. However, the City shall provide cost reimbursement to the State Fire Marshal pursuant to regulations to be adopted by the State Fire Marshal addressing the State Fire Marshal's cost for the transportation and disposal of "dangerous fireworks" seized by the City, which costs will be part of any administrative fine imposed. Unless and until said regulations have been adopted by the State, the City shall hold in trust $250.00 or 25 percent of any fine collected, whichever is greater, to cover the cost reimbursement to the State Fire Marshal for said cost of transportation and disposal of the "dangerous fireworks."

5. Because of the serious threat of fire or injury posed by the use of "dangerous fireworks" that can result from persistent or repeated failures to comply with the provisions of this Code and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety and welfare, this Chapter imposes strict civil liability upon the owners of residential real property for all violations of this Code existing on their residential real property. Each contiguous use, display and/or possession shall constitute a separate violation and shall be subject to a separate administrative fine.

6. At least 50 percent of the fines collected pursuant to this Chapter must be placed in a segregated fund entitled "Grand Terrace Illegal Fireworks Enforcement Fund". The sole and exclusive purpose of this fund is to pay for increased fire and police deployment, protection and investigation of and against illegal fireworks in the City for the 30-day period surrounding the Fourth of July (June 17 through July 16).

B. Issuance of Administrative Citations—Contents.

1. Whenever a Code Enforcement Officer (CEO) determines that a violation of the Code has occurred, the CEO may issue an administrative citation on a City-approved form listing the code violation(s) and the amount of the administrative fine required to be paid by the responsible person(s) in accordance with the provisions of this Chapter.

a. Code Enforcement Officer (CEO) means any employee or agent of the City designated by the City Manager to enforce any provision of this Chapter.

2. Each administrative citation shall contain the following information:

a. The name, mailing address, date of birth, California Drivers License number, and home or business telephone number of the responsible person charged with any violation of this Chapter;

b. The address or description of the location of the violation;

c. The date or dates on which the person violated this Chapter;

d. The Section or Sections of this Chapter that were violated;

e. A description of the violation(s);

f. The amount of the administrative fine for each violation, the procedure in place to pay the fines, and any late fee and interest charge(s), if not timely paid, and notice that if the City is required to take action to collect such fines, the responsible person may be charged costs and attorney's fees;

g. Notice of the procedure to request an administrative hearing to contest the citation (including the form to be used, how to obtain the form, and the period within which the request must be made in order for it to be considered timely);

h. The name and signature of the CEO who issued the citation and the name and signature of the city designee, if he or she is physically present and will sign the citation at the time of its issuance. The refusal of a city designee to sign a citation shall not affect its validity or any related subsequent proceedings, nor shall signing a citation constitute an admission that a person is responsible for a violation of the code; and

i. Any other information deemed necessary by the director for enforcement or collection purposes.

C. Administrative Fines.

1. Each person who violates any provision of this Chapter as it relates to the possession, use, storage, sale and/or display of "dangerous fireworks" shall be subject to the imposition and payment of an administrative fine or fines as set forth in the Fine Schedule adopted by resolution of the City Council. The schedule may establish different fine amounts for first, second, and subsequent violations:

a. A fine not exceeding $2,500.00 for a first violation.

b. A fine not exceeding $5,000.00 for a second violation of the same ordinance within one year.

c. A fine not exceeding $10,000.00 for third and subsequent violation.

2. Each person who uses "safe and sane fireworks" on or at dates, times and/or locations other than those permitted by this Chapter shall be guilty of a misdemeanor for the first violation. Second and subsequent violations will be treated as possession, use, storage, sale and/or display of "dangerous fireworks".

3. Any and all persons found guilty shall pay the fine within 30 days or be declared delinquent and the fine doubled. Failure to pay within 90 days shall result in a tripling of the fine, and filing of the amount with the county as a tax lien against the property.

(Ord. No. 369, § 29, 7-22-2025; Ord. No. 285, § 1, 10-27-2015)