Hawthorne Municipal Code Ch. 8.34 Fireworks

The following words and phrases, as used in this chapter, are defined as follows:

"Dangerous fireworks"

means dangerous fireworks as set forth in Health and Safety Code Section 12505 which is incorporated by reference.

"Nonprofit organization"

means any nonprofit association or corporation organized exclusively for veterans, social welfare, civic league, religious or charitable purposes, which has been issued a determination of exempt status by the Franchise Tax Board as required under Sections 23701d, 23701f, or 23701w of the Revenue and Taxation Code of the State of California or a group which is a local chapter of a recognized national organization having such a tax exempt status. Organizations not possessing the appropriate documentation of nonprofit status shall be required to seek written authorization from the city manager prior to a permit being issued and prior to March fifteenth of each year. A hearing date, to be scheduled by and with the city manager, shall determine whether organizations without proof of nonprofit status can proceed with operating the stand. The hearing date shall be coordinated between the applicant and the city manager during the months of March and April.

"Permanent meeting place"

includes but is not limited to a permanent structure, playing field or geographical area within the city.

"Person"

includes any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.

"Public display of fireworks"

means an entertainment feature where the public is admitted or permitted to view the display or discharge of fireworks, including but not limited to those above defined.

"Safe and sane fireworks"

means safe and sane fireworks as set forth in Health and Safety Code Section 12529 which is incorporated by reference.

(Ord. 1281 § 1, 1983; Ord. 1397 § 5, 1987; Ord. 1771 §§ 1, 2, 2003; Ord. 1815 § 1, 2005)

No person shall sell or cause or permit to be sold fireworks or conduct a public fireworks display of any kind except as hereinafter provided in this chapter.

(Ord. 1281 § 1, 1983; Ord. 1815 § 1, 2005)

The city council, upon written application as provided in this chapter and subject to the provisions of this chapter, may grant to any certified applicant a permit to sell fireworks; provided, that no more than eight permits to sell fireworks shall be granted in a calendar year. Of the eight permits to sell fireworks, the Hawthorne Veterans of Foreign War Post 2075 (including the Ladies Auxiliary Post 2075) shall be deemed a certified applicant each calendar year, American Legion Post 314 (including Ladies Auxiliary Post 314) shall be separately deemed a certified applicant each calendar year and the 9-11 Help America Foundation shall be separately deemed a certified applicant each calendar year provided that a request for application is filed in compliance with Section 8.34.050. Therefore, if the VFW, American Legion and the 9-11 Help America all file applications, the number of permits issued to sell fireworks shall be limited to five.

(Ord. 1281 § 1, 1983; Ord. 1734 § 1, 2002; Ord. 1815 § 1, 2005; Ord. 1966 § 1, 2010; Ord. 1967 § 1, 2010; Ord. 2026 § 1, 2012)

No person shall obtain an application for a permit to sell fireworks without having first filed a request for application. The city is not required to publicize or post notice of availability of applications for a permit to sell fireworks.

(Ord. 1281 § 1, 1983; Ord. 1815 § 1, 2005)

A request for application for a permit to sell fireworks shall be governed by all of the following:

A. The request must be filed in writing on or after the first day of March, but not later than five p.m. on the first day of April in each calendar year;

B. The request must be filed in the city manager's office on a form prescribed by the city manager;

C. The request shall be filed by or on behalf of a nonprofit organization; however, if the parent nonprofit organization prohibits any local chapter from selling fireworks, such request shall be denied to any group that derives its tax exempt status from the parent nonprofit organization;

D. The following information shall be included on the request form:

1. Name, address, e-mail and phone number of the requestor,

2. Whether such request is filed on behalf of any nonprofit organization other than the requestor; and, if so, whom,

3. Self-profit seeking organizations shall be prohibited from participating, unless special circumstances as observed and approved by the city manager,

4. Have attached a financial statement form, to be provided by either the city manager or the licensing and code enforcement director, that describes in detail the nonprofit's proposal as to how at least eighty percent of the profits derived from the sale of fireworks will be used to benefit the city, programs or activities conducted within the city, or at least twenty-five residents of the city. (For example, please specify the amount that will be spent on meal on wheels, scholarships, vaccination programs, clean-up programs for the needy, feeding the homeless, etc.) Submit official board minutes detailing the intent and authorization to sell fireworks. Minutes shall be attached to the application and shall be reviewed by the city manager;

E. A filing fee, as established by the city council by resolution, shall be paid at the time the request is filed;

F. Evidence of the nonprofit status (as defined in Section 8.34.010) of the requestor or the organization for whom the request is filed, shall be filed with the request;

G. Only one request shall be filed by or on behalf of any nonprofit or chartered nonprofit organization. The following shall be presumed to be affiliated organizations:

1. Organizations incorporated under the same charter or organizations and their auxiliaries if the auxiliary is incorporated under the same charter,

2. Organizations sharing the same officers and/or place of meetings and/or national parent organization,

3. Subdivisions and/or fractional divisions however named or delineated or organizations,

4. Suborganizations one of whose primary purposes is to provide financial and/or manpower support to a parent nonprofit organization.

H. Any attempt to transfer a request for application shall void any and all requests filed by or on behalf of both the transferor and transferee.

(Ord. 1281 § 1, 1983; Ord. 1711 § 1, 2001; Ord. 1734 § 2, 2002; Ord. 1815 § 1, 2005)

If an applicant for a permit to sell fireworks successfully obtains such a permit one year, the applicant will not be granted a permit the following year unless an insufficient number of applicants have applied and/or qualified for an award of permits in the following year. The foregoing procedure thus establishes a rotation system ensuring a fair and equitable process whereby full participation by all nonprofit organizations is accomplished.

(Ord. 1711 § 3, 2001; Ord. 1815 § 1, 2005)

A. A person timely filing a request for application for a permit to sell fireworks shall be deemed a certified applicant if no more than eight persons (including the Hawthorne Veterans of Foreign War Post 2075, American Legion Post 314 and 9-11 Help America) have filed a request for application for a permit on behalf of a nonprofit or chartered nonprofit organization in any given calendar year.

B. If more than eight persons have timely filed a request on behalf of a nonprofit or chartered nonprofit organization for application for a permit to sell fireworks for the same calendar year, a public drawing shall be held during the first or second regularly scheduled city council meeting in April, pursuant to the procedures set forth in Section 8.34.085, to determine which eight nonprofits or chartered organizations shall be deemed a certified applicant. The city manager shall certify the names of the certified applicants who, by drawing, are eligible to apply for a permit.

C. Of the eight permits to sell fireworks, the Hawthorne Veterans of Foreign War Post 2075 (including the Ladies Auxiliary Post 2075) shall be deemed a certified applicant each calendar year, American Legion Post 314 (including Ladies Auxiliary Post 314) shall be separately deemed a certified applicant each calendar year and the 9-11 Help America Foundation shall be separately deemed a certified applicant each calendar year, provided that request for application is timely filed in compliance with Section 8.34.050. Therefore, if the VFW, the American Legion and the 911 Help America all file separate applications, five other nonprofit or chartered nonprofit organizations shall be eligible to be deemed a certified applicant.

(Ord. 1678 §§ 1, 2, 2000; Ord. 1734 § 3, 2002; Ord. 1815 § 1, 2005; Ord. 1966 § 2, 2010; Ord. 1967 § 2, 2010; Ord. 2001 § 1, 2011; Ord. 2026 § 2, 2012)

The city manager shall issue an application for a permit to sell fireworks to each person filing a request therefor, only if the following requirements have been met:

A. The request was filed in compliance with Section 8.34.050;

B. The person being issued the application is a certified applicant pursuant to Section 8.34.060.

(Ord. 1281 § 1, 1983; Ord. 1815 § 1, 2005)

An application for a permit to sell fireworks shall be filed in compliance with all of the following:

A. Only a certified applicant shall file an application;

B. The application shall be filed in the city manager's office, on forms provided by the city manager, after the first council meeting in April, but not later than five p.m. on the third Monday of May in each calendar year;

C. The following information shall be either attached or included on the application:

1. The location of the sale as approved or authorized by the county of Los Angeles fire department as well as the location plot plan and location permission slip. The stand shall be on private property located in a commercial or industrial zone, and the written permission of the owner of record or lessee thereof shall accompany the application. All stands must conform to other applicable state, county and local laws,

2. The identity of the person who will provide any management service to the applicant for the sale and written or documentary evidence that such manager has complied with all business tax certificate requirements,

3. A license issued by the State Fire Marshal, a clean-up deposit set by city council resolution. Such deposit shall be refundable upon compliance with the provisions and requirements of this chapter, including but not limited to the removal of the stand and the cleaning of the site. In the event the permittee does not so comply or remove the stand or clean the site in the manner required by the building official of the city, the city may do so or cause the same to be done by other persons, and the cost over and above the amount of the cleaning deposit shall be charged against the permittee and the deposit shall be forfeited. Any other information deemed necessary by the city council for the consideration of the application;

D. Evidence of the following types of insurance in a form and with endorsements as approved by the city attorney may be filed with the application on or after the first day of March, but not later than five p.m. on the first day of June of the calendar year. The permittee shall also be required to defend, protect, indemnify, hold harmless and exempt the city, its officers, agents, servants, attorneys and employees, from any and all loss, costs, damages, expenses, penalty, charges or liability which may result from or arise out of the granting of the fireworks permit and requiring further that the permittee will pay any and all loss or damage that may be sustained by any person as a result of, or which may be caused by or arise out of, the granting of the fireworks permit. With respect to the penalties, damages or charges referenced herein, reasonable attorneys fees, consultants' fees and expert witness fees are included as those costs which shall be recovered by the city. Evidence of insurance shall include evidence that the policy or policies of insurance designates the city and the officers, agents and employees of the city as additional insured thereunder. The public and premises liability insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and which has one of the three highest or best rating from the Alfred M. Best Company. The public and premises liability insurance policies shall contain an endorsement obligating the insurance company to furnish the city with at least thirty days written notice in advance of the cancellation of the policy. Renewal or replacement policies or certificates shall be delivered to the city at least fifteen days before the expiration of the insurance when such policies are to renew or be replaced. The amount of insurance shall be five million dollars and includes the following:

1. Public liability insurance, combined single limit, bodily injury and property damage, each occurrence,

2. Premises/operation liability,

3. Contractual liability, and

4. Products liability, including completed operations liability;

E. All fees required pursuant to this code and city council resolution shall be paid at the time of filing the application; and

F. Evidence of compliance with any special conditions required by the Los Angeles County fire department because of the location of the sale shall be filed with the application.

(Ord. 1281 § 1, 1983; Ord. 1353 § 2, 1986; Ord. 1366 § 2, 1986; Ord. 1815 § 1, 2005)

A. Review of Fireworks Wholesaler Disclosure Statement. Two weeks prior to the drawing prescribed in this section, the fireworks company or wholesaler shall file a disclosure statement with the city on a form provided by the finance department, which shall include information such as the available locations, the amount of rent for the location, the prior history of profitability of the location, etc.

B. Priority as to the location of each fireworks booth shall be determined in a public drawing during the first or second regularly scheduled city council meeting in April as follows:

1. The drawing for determination of location shall be held simultaneously with the drawing held pursuant to Section 8.34.060(B).

2. At the public drawing, the city business license supervisor shall read the name of each eligible applicant aloud in plain view of all persons attending the city council meeting prior to placing the name of the eligible applicants into a tumbler.

3. The city business license supervisor shall pick the names of the eligible applicants from the tumbler one at a time and, as the name of each applicant is picked out of the tumbler, the name shall be read aloud and posted in writing in the plain view of all persons attending the city council meeting.

4. The process of picking the names of the applicants out of the tumbler shall continue until all names in the tumbler have been selected.

5. Once the selection has been concluded, the names of the eligible applicants remaining in the tumbler shall be read aloud in the plain view of all persons attending the city council meeting. If at the conclusion of the drawing, it is determined that the name of one or more names of the eligible applicants had not been placed in the tumbler, the initial drawing shall be null and void and a new drawing shall be conducted according to the procedure set forth in this subsection.

6. The minutes of the city council meeting shall contain the order in which all of the names were picked out of the tumbler.

7. If the city business license supervisor is unable or unwilling to perform the procedure set forth in this section, the procedure shall be conducted by another city employee designated by the city manager.

C. Location Determination. Immediately after the public drawing, the selected applicants shall meet with the business license supervisor outside the presence of the city council to determine the location of the fireworks booths for the selected applicants. The Hawthorne Veterans of Foreign War Post 2075 (including Ladies Auxiliary Post 2075), American Legion Post 314 (including Ladies Auxiliary Post 314) and the 9-11 Help America Foundation shall receive the first three preferential locations of their fireworks booth. Thereafter, in the order that the other applicants were selected, each selected applicant shall in turn advise the business license supervisor of its choice of location. Before the conclusion of the city council meeting the business license supervisor shall publicly advise the city council of each selected applicant's chosen location.

D. Change in Proposed Location. Any change in the proposed location for a fireworks stand set forth in an application for a permit must be approved by the city manager prior to the issuance of the permit.

(Ord. 1815 § 1, 2005; Ord. 1966 § 3, 2010; Ord. 1967 § 3, 2010; Ord. 2001 § 2, 2011; Ord. 2026 § 3, 2012)

Any permit granted for the sale of fireworks shall be governed by the following conditions:

A. A permit shall be granted only to a certified applicant as determined by the city manager;

B. The permit shall authorize the sale at only one location approved by the city manager;

C. The provisions relating to the establishing of temporary structures for the sale of the fireworks shall not be subject to the zoning and building sections of this code, and permits may be issued without compliance thereto; however, such structures shall be approved as to safety and location by the Hawthorne director of building and safety, the planning director and the Los Angeles County fire department;

D. The sale of safe and sane fireworks shall be permitted within the city during the period beginning at noon on June 28th and ending at nine p.m. on the fourth of July of each calendar year, pursuant to the provisions of this chapter. All stands shall be closed promptly at ten p.m. of each evening, except the evenings of July 4th each fireworks booth shall cease selling safe and sane fireworks at nine p.m.;

E. Any attempt to transfer a permit to any person without the consent or authorization of the city manager shall void the permit;

F. Failure to comply with any of the provisions of this chapter shall preclude consideration of an application filed if permits have not been granted thereunder; and shall be sufficient cause for the city manager to revoke any permit previously issued; and

G. A permit fee for each permit issued shall be established by resolution of the city council of the city of Hawthorne.

(Ord. 1281 § 1, 1983; Ord. 1366 § 2, 1986; Ord. 1815 § 1, 2005; Ord. 1916 §§ 1, 2, 2008)

In the event a certified applicant fails to comply with all the provisions of Section 8.34.080 within the time allotted, the applicant's application shall become void and the city manager, in his or her discretion, may do either of the following:

A. Cause another name to be drawn from the group of persons who, within the same year, have filed a request for application for a permit to sell fireworks and have not already been drawn pursuant to Section 8.34.060; or

B. Reduce the number of permits for the sale of fireworks to be issued.

(Ord. 1281 § 1, 1983; Ord. 1815 § 1, 2005)

In the event less applicants are certified for the same year, pursuant to Section 8.34.060, than there are permits available for that year, the city manager, in his/her discretion, may limit the number of permits granted for that year to the number of applicants certified for that year.

(Ord. 1281 § 1, 1983; Ord. 1815 § 1, 2005)

All sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and sales from and/or storage at any other building or structure is prohibited except as defined in this chapter. Any permitted fireworks stand shall be operated in accordance with the following terms, conditions, rules and regulations:

A. No person other than the permittee organization shall operate the fireworks stand for which the permit is issued, unless permitted by the city manager. At no time shall an organization be permitted to sublet a fireworks stand without first acquiring written consent from the city manager. A hearing date, to be scheduled by and with the city manager, shall determine if subletting will result in a benefit to the community. Permission from the city manager shall require that all subleased units be subject to the same requirements imposed by this chapter to any other qualifying organization. However, an organization with a permit may enter into a joint venture with one or more qualifying Hawthorne organizations provided that both organization assume responsibility for compliance with all city ordinances and regulations and all other participating organizations are listed as such on the permit.

B. No person other than the individuals who are officers or members or immediate relatives of members of the permittee organization shall participate in or operate the fireworks stand. No person under the age of eighteen years shall enter into or engage in the operation of the fireworks stand nor shall fireworks be sold to any person under the age of eighteen. Signage shall be required to be prominently displayed in stands stating that no person under eighteen years of age shall be permitted in the stand. The non-profit group's name(s) selling the fireworks shall be clearly posted at the applicable fireworks stands. Signage shall also be prominently displayed that safe and sane fireworks in the city of Hawthorne may only be lawfully used on July 4th, between the hours of 12:00 p.m. and 10:00 p.m. The signs shall also indicate that anyone violating this usage prohibition shall be issued an administrative citation by the city.

C. No person shall be paid any compensation for selling or otherwise participating in the sale of fireworks at any fireworks stand except the hiring of a night watchman or other security guard/service.

D. Fireworks shall be stored and kept in the permittee sales booth. Storage of safe and sane fireworks for the purpose of setting up sales booths shall be permitted beginning at twelve noon on June 27th of each year. During hours of operation, the permittee sales booth shall be staffed by no less than two qualified personnel as defined in subsection E of this section. The permittee organization shall provide an adult night watchman to serve during the hours of storage. Under no circumstances shall the night watchman or security guard sleep within the fireworks stand nor within twenty-five feet thereof. The exit door from the watchman's quarters shall not face the direction of the fireworks stand.

E. Qualified Personnel Defined. All fireworks personnel working within the fireworks stand or acting as night watchman shall attend a fire department orientation on the safe handling of fireworks.

F. No fireworks stand shall be located within twenty-five feet of any other building or structure or twenty-five feet from any trailer, camper, vehicle or other object or within one hundred feet of any gasoline service station pump island or property on which is stored any flammable liquid nor less than twenty feet from the curb line. The building official may authorize stands to be located within ten feet of a curb line only if it is determined that such placement will not be a hazard to operators or disrupt the normal flow of traffic.

G. A fireworks stand need not comply with the provisions of the city of Hawthorne's building code; provided, however, that all such stands shall be erected under the supervision and subject to the approval of the Hawthorne building department, which shall require that any fireworks stand shall be constructed in a manner which will reasonably insure the safety of the attendants and patrons thereof, e.g., stands shall be of wood or metal construction, built with a solid roof, rear wall and ends. The front shall be of solid wood or metal. The display shelf shall have a panel of unbreakable or wire mesh glass or one-fourth inch mesh screen wire between the public and the display of fireworks. An emergency contact telephone number shall be posted on exterior and interior surfaces of all exit doors.

H. Minimum Electrical Requirements.

1. Temporary power pole, electrical service with minimum of four circuits, portable generators, or battery (12 volt). One circuit for outside lighting, one circuit for indoor lighting and two circuits for receptacles. Extension cords for outdoor use must be UL approved and protected from physical damage by pedestrians, motor vehicles, animals, bicycles, etc. (No. 12 minimum required). Any portable power supply shall have a switch or disconnect which can deenergize the power source. Portable generators must be grounded in an approved manner and be kept at least twentyfive feet away from the firework stands. All connections or splices inside or outside the fireworks stand, must be made in weather tight boxes. All electrical wiring must be grounded. All flexible cords must be extra heavy duty. Wiring inside the stand must be in rigid conduit, EMT, or liquid tight flex with approved fittings. Electrical circuits must have circuit breakers or overcurrent protection. All circuits serving lighting fixtures or receptacles inside the stand must have the breaker switches or other approved means of disconnect right outside the stand. Lighting and receptacles shall not be mixed on one circuit. No more than two convenient receptacle duplex is allowed inside each firework stand. All receptacles must have GFCI protection. All lighting fixtures, inside or outside the stand, must be listed for outdoor use. Lamps within ten feet of walking surface shall be protected with lamp guards. When 12-volt electrical installation are provided in fireworks stands, all wiring shall run in approved raceways and enclosed fixtures shall be provided for lights. The battery shall be in an enclosure to protect it from any physical damage.

2. All wiring to be done in an approved manner. No romex and no extension cords permitted in the stand.

3. Receptacle outlets on a GFI circuit.

4. Light circuit to the stand will be fed from the temporary power pole by a three-wire, with ground, Number 14 Type SO cord or other approved equivalent. Receptacle circuit to be fed with three-wire Number 12, with ground, Type SO cord;

5. All work to be inspected and approved by Hawthorne building and safety department before any sale of fireworks will be permitted.

6. Failure to comply with the safety regulations of this section may result in immediate revocation of the permit to sell fireworks. Failure to comply after oral or written warning by either the fire department, building and safety department, police department or city official, may result in disqualification from participation in the fireworks permit drawing for the following eligible year.

7. In addition to any other penalties provided by law, any person who commits a violation of this section shall be subject to an administrative fine in an amount to be determined by city council resolution.

I. No fireworks stand shall have a floor area in excess of four hundred square feet.

J. Each fireworks stand shall have at least two usable and unencumbered exits. In no case shall the distance between any two exits exceed thirty-two feet. Each stand in excess of forty feet in length must have at least three exits spaced approximate equal distance apart and in no case shall the distance between exits exceed twenty-five feet.

K. Fireworks stands shall be provided with not less than two fire extinguishers (which must be mounted at each exit) of the type and size approved by the Los Angeles County fire department. The extinguisher must bear evidence that they have been inspected by a state licensed agency. Extinguishers shall be in good working order and easily accessible.

L. Fireworks stands shall be located not less than one thousand six hundred feet apart from one another. If certified applicants seek stand locations within one thousand six hundred feet of each other, priority for fireworks stand location shall be decided by the city manager based upon the order that an applicant is drawn at the public drawing pursuant to Sections 8.34.060 and 8.34.100. The city manager's decision regarding location of the fireworks stands shall be final and there shall be no appeal before the city council.

M. All weeds and combustible material and debris shall be cleared from the location of any fireworks stand for a distance of at least twenty-five feet surrounding such stand. All trash resulting from the operation of such stand must be removed on a daily basis.

N. "No Smoking" signs prohibiting smoking within twenty-five feet of the fireworks stand and of a size and character to be designated by the Los Angeles County fire department shall be prominently displayed on the exterior of each fireworks stand.

O. Each fireworks stand shall have a qualified adult person in attendance of at least twenty-one years of age in charge thereof, and at least one additional qualified person on duty, who shall be within fifty feet of the stand at all times when it contains any fireworks.

P. Any fireworks that remain unfired after the sale or display by authorized permittees is concluded shall be immediately disposed of as required by state regulation and all unsold fireworks shall be removed no later than five p.m. on the eleventh day of July of each calendar year. All accompanying litter shall also be removed from the area of the stand no later than five p.m. on the fifth day of July of each calendar year.

Q. Each fireworks stand shall be removed from its temporary location not later than twelve o'clock midnight on the eleventh day of July.

R. Such other regulations as the Los Angeles County fire department may establish for the purpose of protecting the public health, safety or welfare.

S. The consumption of alcoholic beverages or the use of narcotics within twenty-five feet of the stand shall be prohibited and will constitute immediate grounds to revoke the fireworks permit and close the fireworks stand.

T. A minimum of eight off-street parking spaces, each at least nine feet by nineteen feet in size, shall be provided, and they shall be located a minimum of twenty-five feet from each stand.

U. A maximum of two signs, not to exceed forty-eight square feet each in area, shall be permitted for each stand. Fireworks stands and associated signage (pursuant to city sign code) shall be placed at the temporary location no earlier than eight a.m., June 28th and shall be removed from the temporary location by twelve noon on July 5th.

(Ord. 1281 § 1, 1983; Ord. 1397 § 6, 1987; Ord. 1808 § 1, 2005; Ord. 1815 § 1, 2005; Ord. 1857 § 1, 2006; Ord. 1888 § 1, 2007; Ord. 1916 § 3, 2008)

State license, city retail permit to sell fireworks, temporary sales tax permit, and county of Los Angeles fire permit to operate shall be displayed in a prominent place in the fireworks stand.

(Ord. 1815 § 1, 2005)

Each organization operating a stand or participating as a member of a joint venture shall submit to the licensing and code enforcement department a financial summary of both expenses and total sales from fireworks by August 31st of each year. The financial summary shall have a summary of actual sales. Organizations failing to comply with the financial summary deadline of August 31st shall be subject to a penalty of three hundred dollars. If the organization fails to submit a financial summary by a second deadline of September 15th, an additional penalty of two hundred dollars, for a cumulative total of five hundred dollars, shall be assessed.

(Ord. 1815 § 1, 2005)

Safe and sane fireworks may be stored within the city, pursuant to the following provisions:

A. Buildings or parts of buildings used for the storage of safe and sane fireworks shall be classified as Group H. Division 1, occupancies, as provided in the Uniform Building Code, 1994 Edition, and shall meet all requirements for such occupancies. However, under no condition shall any building or parts of buildings be used that are not provided with an automatic sprinkler system that is designed for this type of occupancy and has been inspected and tested by the Los Angeles County fire department.

B. Stacks of merchandise shall be limited in size to three thousand two hundred cubic feet and each stack shall be separated from other stacks by ten-foot side aisles. Height of stack, eight feet, length of stack, ten feet; width of stack, eight feet.

(Ord. 1815 § 1, 2005)

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, public parks or vacant properties, or in a public street, alley or right-of-way.

(Ord. 1815 § 1, 2005)

The city council, by resolution, upon written application as provided in this chapter and subject to the provisions of this chapter, may grant one permit to conduct a public display of fireworks in a calendar year.

(Ord. 1281 § 1, 1983; Ord. 1815 § 1, 2005)

An application for a permit to conduct a public display of fireworks shall be filed in compliance with all the provisions relating to the application for a permit to sell fireworks as set forth in Sections 8.34.080(B), (C), (D), (E) and (F); provided, however, that reference to the sale of fireworks in said subsections shall be deemed to refer to the display of fireworks.

(Ord. 1281 § 1, 1983; Ord. 1815 § 1, 2005)

Any permit granted to conduct a public display of fireworks shall be governed by the conditions set forth in Sections 8.34.090(F) and (G) and all of the following:

A. The display shall be conducted by a duly licensed pyrotechnician who shall have obtained Los Angeles County fire department approval no later than the last day of June of the year in which the permit is granted;

B. The display shall be conducted on July 3rd, 4th or 5th, at the time, at the date, at the place and strictly in accordance with all regulations and conditions specified in the council resolution granting such permit; and

C. Admittance to the display shall be free to the public.

(Ord. 1281 § 1, 1983; Ord. 1815 § 1, 2005)

Any application for a permit for a public display of fireworks shall be filed in the same manner as provided in Section 8.34.140 and must include the information required by Sections 8.34.050(D), (F), and (G) and the proposed location for the public display.

(Ord. 1281 § 1, 1983; Ord. 1815 § 1, 2005)

The city council, by resolution, may extend or shorten the time requirements established by this chapter.

(Ord. 1281 § 1, 1983; Ord. 1815 § 1, 2005)

A. It is unlawful for any person to use, sell, ignite, explode, project or discharge any fireworks which are not safe and sane fireworks.

B. It is unlawful for any person to sell, offer for sale, use or discharge any wire core sparklers.

C. It is unlawful for any person to ignite, explode, project, or otherwise fire or make use of any safe and sane fireworks within ten feet of any residence, dwelling, or other structure.

D. It is unlawful to sell, give or deliver any fireworks that are not safe and sane fireworks to any person under eighteen years old.

E. In addition to any other penalties provided by law, any person who commits a violation of this section shall be subject to an administrative fine in an amount to be determined by city council resolution.

F. Safe and sane fireworks can only be used during the following times. All fireworks, including safe and sane shall be illegal outside of the following time periods:

(Ord. 1281 § 1, 1983; Ord. 1808 § 2, 2005; Ord. 1815 § 1, 2005; Ord. 1888 § 2, 2007)

Any duly authorized member of the Hawthorne police department or the Los Angeles County fire department shall seize, take, remove, or cause to be removed at the expense of the owner, all stocks of fireworks offered or exposed for sale, displayed, stored, or held in violation of this chapter, when in their judgment, such violation constitutes a hazard to life or property. Any person requesting a review of any seizure of fireworks shall be entitled to a hearing before the city manager or the director of licensing and code enforcement upon the filing of a written request therefor with the director of licensing and code enforcement. The hearing shall not be held later than twenty-one days after receipt of such a request for a hearing, unless an extension of time therefor is requested by the persons whose items were seizured.

(Ord. 1281 § 1, 1983; Ord. 1815 § 1, 2005)

A. Nothing in this chapter shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations.

B. Nothing in this chapter shall be construed to prohibit the assembling, compounding, use and display of fireworks of whatever nature by any person engaged in the production of motion pictures, theatricals, or operas or when such use and display is a necessary part of the production and such person possesses a valid permit to purchase, possess, transport or use such fireworks as required by state and local regulations.

(Ord. 1281 § 1, 1983; Ord. 1815 § 1, 2005)

It is unlawful for any person having the care, custody, or control of a minor under eighteen years of age to permit such minor to discharge, explode, fire or set off any fireworks, as herein defined, unless such minor does so under the direct supervision of a person over eighteen years of age.

(Ord. 1281 § 1, 1983; Ord. 1815 § 1, 2005)

Except as provided herein, no manufacturer, importer, exporter or wholesaler of fireworks shall offer for sale or sell at wholesale any fireworks of any kind without having first applied for and received a wholesale permit therefor, from the business licensing and code enforcement department. All applications for a wholesale permit to sell fireworks shall:

A. Be made in writing, accompanied by the fee charged as stated in the comprehensive fee schedule.

B. Be made only between the fifteenth day of February and the thirtieth day of June of each calendar year.

C. Be accompanied by an assurance that if the wholesale permit is issued to the applicant, the applicant shall, at the time of receipt of such wholesale permit, deliver to the business licensing and code enforcement department of the city, one-million-dollar public liability and property damage certificates with riders attached to the policies designating the city and its employees, official and agent as additional insured thereunder.

D. Contain such other information as may be required by the business licensing and code enforcement department.

E. It shall contain a statement that fireworks shall not be furnished, sold, distributed or placed in the possession of any person or organization in the city, or for sale, use or distribution in the city, unless such person or organization holds a valid and unrevoked permit from the city to so possess, sell, use or distribute such fireworks.

(Ord. 1815 § 1, 2005)

A. The city manager shall investigate and conduct hearings regarding violations of this chapter, and any organization found in violation of this chapter or proceeding without appropriate consent from the city manager shall be ineligible to obtain a permit for selling fireworks for three years immediately following the violation.

B. A fireworks permit may be revoked at any time by the business license department or the city manager if the organization does not comply with the permit requirements set forth in this chapter.

C. Any person violating any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail for a period not exceeding six months, or a fine not exceeding one thousand dollars, or by both such imprisonment and fine.

D. Any stand being operated in violation of any section of this chapter may be closed immediately by the Los Angeles County fire department, city of Hawthorne police department, code enforcement officers, and/or the director of the planning and building and safety department.

(Ord. 1815 § 1, 2005)