Gustine Municipal Code Ch. 6 Fireworks

Footnotes:

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Editor's note— Ord. No. 470, § 2, adopted November 3, 2015, repealed former ch. 6, §§ 7-6-1—7-6-3, and enacted a new ch. 6. Former ch. 6 pertained to similar subject matter and derived from the the Code of 1966, §§ 4-2.01—4-2.05 and 4-2.15, and Ord. No. 413, adopted April 16, 2001.

State Law reference— Fireworks, Health and Safety Code § 12500 et seq.; local regulation of fireworks, Health and Safety Code § 12541.

(a) Dangerous fireworks means any fireworks classified as such as defined by sections 12505 and 12561 of the Health and Safety Code and title 19, division 1, subchapter 6 of the California Code of Regulations, pertaining to dangerous fireworks which are hereby incorporated by reference. Dangerous fireworks are commonly referred to as illegal fireworks.

(b) Fireworks means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment.

The term "fireworks" includes, but is not limited to, devices designated by the manufacturer as fireworks, the Health and Safety Code both as "dangerous fireworks" and as "safe and sane fireworks," and shall include firecrackers, torpedoes, skyrockets, Roman candles, bombs, sparklers, chasers, snakes and other fireworks containing any explosives or flammable substance. This definition does not include ammunition used for target shooting or hunting, nor does it include what is ordinarily known as cap pistol caps, party poppers or snap caps.

(c) Fireworks sales stand means any building, counter, or structure of a temporary nature used in the sale, offering for sale, or display for sale of safe and sane fireworks.

(d) Nonprofit organization means any nonprofit association, club, or corporation organized for veteran, welfare, religious, civic betterment, youth or charitable purposes as defined by section 501(c) of the Internal Revenue Code of the United States. The organization must have obtained nonprofit status and have been organized and established in the city for a minimum of one continuous year receding the filing of the application for a permit. The organization must have a bona fide membership of at least 20 members who reside in the city, which will be verified each year.

(e) Public fireworks display means an entertainment feature where the public or private group is admitted or permitted to view the display or discharge of dangerous fireworks.

(f) Safe and sane fireworks also known as "state approved fireworks" means any fireworks which do not come within the definition of "dangerous fireworks" or "exempt fireworks" as defined by section 12505 of the Health and Safety Code and title 19, division 1, subchapter 6 of the California Code of Regulations, pertaining to "safe and sane fireworks" which are hereby incorporated by reference. All safe and sane fireworks shall be labeled with the safe and sane fireworks seal authorized by the state fire marshal.

(Ord. No. 470, § 2, 11-3-2015)

(a) It shall be unlawful for any person to possess, store, offer for sale, expose for sale, at retail, or use or explode any fireworks within the city, except as provided in this chapter.

(b) Notwithstanding subsection (a), the use and discharge of safe and sane fireworks within the city is permitted for the period of June 28 through July 6 when the use and discharge will be allowed between the hours of 7:00 a.m. and 12:00 a.m.

(c) This chapter does not prohibit the use by railroad or other transportation agencies, for signal purposes or illumination, or torpedoes, flares or fuses; nor the sale or use of blank cartridges for theatrical or ceremonial purposes, athletic events, or military ceremonials or demonstrations.

(Ord. No. 470, § 2, 11-3-2015)

(a) Notwithstanding the prohibitions on dangerous and safe and sane fireworks set forth in this chapter, public fireworks displays are permitted upon issuance of a permit therefore under the provisions of the Health and Safety Code and this chapter.

(b) Applications for a public fireworks display shall be made not less than 60 days prior to the scheduled date of the display. The permit application shall include a diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged; the location of buildings, highways and other lines of communication; the lines behind which the audiences will be restrained; and the location of nearby overhead obstructions. At the time of permit application, the fire chief or his/ her designee shall be consulted regarding reasonable conditions or requirements for standby personnel and fire apparatus. Public fireworks display permits shall only be granted to licensed pyrotechnic operators.

(c) Before filing with the city, the applicant for a public fireworks display shall obtain a license from the state fire marshal as required in division 11 of the Health and Safety Code. The insurance and other surety requirements therein provided are considered to be the minimum and may be increased by the state fire marshal, fire chief, or city council.

(d) Public fireworks display permits shall be issued by the fire chief with the concurrence of the police chief. The fire chief and police chief may deny issuance of such permits, provided such a denial is reasonably based on public health and safety concerns, including, but not limited to, an application for another event to be held on the same date as that requested has been previously filed or approved, and the other event is so close in time and location to the event as to cause undue traffic congestion or to place the city in a position of being unable to meet the needs for fire, police or public works services for both events. Any decision regarding such permits may be appealed to the city manager. Appeal requests shall be filed in writing with the city clerk within ten days of the fire and police chiefs' decision. Any appeal shall be conducted within 30 days of receipt of an appeal request. The city manager shall not be required to adhere to formal rules of evidence during the appeal, and the city manager's decision shall be final.

(Ord. No. 470, § 2, 11-3-2015)

(a) It is unlawful for any person, business, firm, or corporation to offer safe and sane fireworks for sale or otherwise operate a fireworks sales stand within the city without having first complied with all the requirements of applicable state law and received a fireworks sales stand permit from the city.

(b) The fire chief upon written application as provided within this chapter and subject to the provisions of this chapter, may grant to any nonprofit organization a permit to operate a fireworks sales stand; provided that no more than two permits per 5,000 population shall be granted in a calendar year. When the total number of city residents exceeds 5,000, the city council may increase the number of permits by resolution.

(c) No permit shall be issued to any person except nonprofit organizations. No nonprofit organization may receive more than one permit during any one calendar year. However, one permit may be issued to two or more qualifying applicants as a joint venture. Permits are valid for a single calendar year.

(Ord. No. 470, § 2, 11-3-2015)

(a) Any person or entity desiring to obtain a fireworks sales stand permit shall file an application between the first business day of March and the last business day of May of each year. The city council may establish a fee for the permit and application from time to time by resolution.

(b) The application shall contain the following information:

(1) Names, addresses, phone numbers, business address and federal tax identification number of the applicant (if applicant is a corporation, association or partnership, the application shall set forth a described information for each and every owner, partner and manager);

(2) Description of the business organization of the applicant (i.e., sole proprietorship, corporation, partnership, etc.) and in case of a corporation, shall, upon request, include copies of the bylaws;

(3) Description of the location of the intended safe and sane fireworks sales;

(4) An assurance by the applicant that if the license is issued to the applicant, the applicant shall, at the time of receipt of such license, deliver to the city a $1,000,000.00 public liability insurance policy, and products liability insurance of $1,000,000.00 with riders attached to the policies designating the city as an additional insured there under;

(5) Each application for a safe and sane fireworks retail permit shall contain a description of the desired location and permission of the owner, if applicable.

(6) Any other information reasonably requested by the city to demonstrate that the applicant is an eligible nonprofit organization;

(7) Include a statement that the applicant agrees to comply strictly with the terms of any permit granted it and furnish additional information upon request of the city, including a copy of the license issued in accordance with Health and Safety Code authorizing the applicant to sell safe and sane fireworks immediately upon its issuance.

(Ord. No. 470, § 2, 11-3-2015)

(a) Upon expiration of the application period, the fire chief may issue fireworks sales stand permits to qualified applicants. The fire chief shall condition the permit on compliance with this chapter and may impose additional conditions as necessary to protect the general health and safety. The fire chief may deny any application if the applicant does meet the qualifications for a fireworks sales stand permit set forth in this chapter.

(b) In addition, in the event that the number of qualified applicants exceeds the number of available permits under section 7-6-4, the fire chief shall give priority to applications as follows: first, to all veterans' organizations as defined in section 1800 of the Military and Veterans Code with their principal place of business in the city; second to other nonprofit organizations. If the number of applications in any class exceeds the number of permits to be issued, permits shall be granted on a first come, first served basis within that applicant class. Complete applications shall be date and time stamped by the city upon receipt.

(c) Any decision regarding an application may be appealed to the city manager. Appeal requests shall be filed in writing with the city clerk within three days of the fire chief's decision. Any appeal shall be conducted within ten days of receipt of an appeal request. The city manager shall not be required to adhere to formal rules of evidence during the appeal, and the city manager's decision shall be final.

(Ord. No. 470, § 2, 11-3-2015)

Any permit for a fireworks sales stand shall be governed by the following conditions:

(1) The sale and/or display of safe and sane fireworks shall be permitted only during that period beginning at noon on June 28 and ending at noon on July 6 of the same year.

(2) Permittees shall obtain a temporary sales tax permit from the state board of equalization.

(3) Permittees shall only sell safe and sane fireworks at one location.

(4) Sales shall be permitted only between 9:00 a.m. and 10:00 p.m.

(5) Safe and sane fireworks shall not be sold to any person under the age of 18.

(6) All retail sales of safe and sane fireworks shall be permitted only from within a temporary stand, and the sale from any other building or structure is prohibited. The temporary stand shall be subject to the following provisions:

a. All the stands shall be erected under the supervision of the city building inspector who shall require that stands be constructed in compliance with all applicable building and similar codes.

b. No stand shall be located in a manner to impair any dear vision triangle from a public road or highway.

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

d. No sign shall be erected or maintained in connection with the stand which shall create a traffic hazard.

e. Storage of fireworks shall be at locations approved by the fire chief. Stands used for storage shall be under 24-hour supervision of an alert adult. No sleeping inside of a stand will be permitted at any time.

f. Each stand shall be provided with two fire extinguishers, approved for such use by the fire chief, in good working order and easily accessible for use in case of fire.

g. No smoking shall be allowed in any stand.

h. "No smoking" signs shall be prominently displayed on the fireworks booth.

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

j. All unsold stock and accompanying litter shall be removed from the location by five p.m. on the sixth day of July.

k. Each stand must have an adult 18 years of age or over in attendance and in charge thereof when the stand is being used for the sale or dispensing or storage of fireworks.

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

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

(7) No person other than the permittee nonprofit organization shall operate the stand for which the permit is issued or share or otherwise participate in the profits of the operation of such stand.

(8) No person other than the individuals who are members of the permittee organization, or the wives or husbands or adult children of such members, shall sell or otherwise participate in the sale of fireworks at such stand.

(9) Any attempt to transfer a permit shall void the permit.

(10) The permittee shall obtain and maintain the insurance set forth in section 7-6-5.

(Ord. No. 470, § 2, 11-3-2015)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereon, shall be punishable by a fine of not more than $1,000.00, imprisonment for a term not exceeding six months or both such fine and imprisonment.

(Ord. No. 470, § 2, 11-3-2015)

The police chief or designee shall 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 chapter. Such seizure shall be subject to cost reimbursement to the state fire marshall in accordance with section 7-6-10.

(Ord. No. 470, § 2, 11-3-2015)

(a) The city may enforce any violation of this chapter related to: possession, use, storage, sale and/or display of those fireworks classified as dangerous fireworks in California Health and Safety Code § 12505 et seq. or the possession, use, storage, sale and/or display of safe and sane fireworks on or at dates, times and/or locations other than those permitted by this chapter through the issuance of an administrative citation. Fines for such citations shall be as follows: $2,000.00 for the first violation, $4,000.00 for the second violation, and $8,000.00 for the third and subsequent violations in one year. Citations shall be issued and appealed as provided for in article 2 of title 2 of this Code, provided that the city manager and not the planning commission shall be the hearing officer in any appeal.

(b) The issuance of an administrative citation to any person constitutes, but one remedy of the city to redress violations of this chapter. By adopting this section, the city does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any violations of this section which the city may otherwise pursue.

(c) The imposition of administrative fine under this section shall be limited to persons who possess, use, sell and/or display, or the seizure of 25 pounds or less of dangerous fireworks; or persons who possess, use sell, and/or display safe and sane fireworks on or at the dates, times, and/or locations other than those permitted by this chapter.

(d) Administrative fine collected pursuant to this section shall not be subject to Health and Safety Code section 12706. The administrative fines collected shall be allocated in compliance with Health and Safety Code section 12557, which requires the city to provide cost reimbursement to the state fire marshal for reimbursement of costs, including, but not limited to transportation, and disposal. Regulations are to be adopted by the state fire marshal setting forth this allocation. Unless and until such regulations have been adopted by the state, the city shall hold in trust $250.00 from any fine collected to cover the reimbursement to the state fire marshal for the cost of transportation and disposal of the dangerous fireworks. Alternatively, the city council may adopt and amend a fee to cover such disposal and reimbursement costs by resolution.

(e) This section shall not apply to the storage and handling of safe and sane fireworks in accordance with California Building Code for Class 1.4G fireworks.

(Ord. No. 470, § 2 11-3-2015; Ord. No. 527, § 2, 5-20-2025)

(a) A minor and the parent(s) or guardian(s) having custody and control of said minor, are jointly and severally liable to the city for any administrative citation and/ or penalty issued for failure to appear to comply with the provisions of this chapter.

(b) Provided that the violation occurs at real property owned, leased or otherwise resided in by the violator, any administrative citation/fine issued for a violation of this chapter may become a special assessment or a lien against the property of any person who is issued a citation for a violation of the provisions of this chapter. This shall include the property of a minor who is issued a citation and/or the property of the parent(s) or guardian(s) having custody of the minor or private property owner that allows the illegal use of storage on their property. The procedures set forth in section 3-2-26 shall be followed for the imposition of a special assessment or lien.

(c) Without limiting any other applicable remedies, any nonprofit organization which is granted a fireworks sales stand permit, and which tor any reason fails to exercise the permit by the operation of the stand in accordance with the conditions of the permit, shall forfeit the right to a permit for the succeeding year. Any nonprofit organization may appeal any determination under this subsection in the same manner as a decision related to the issuance of a permit under section 7-6-6.

(Ord. No. 470, § 2, 11-3-2015)