Huntington Beach Municipal Code Ch. 5.90 Fireworks

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

"City Clerk"

means the City Clerk or his or her designee.

"City Manager"

means the City Manager or his or her designee.

"Dangerous Fireworks"

means "Dangerous Fireworks" as defined in Health and Safety Code Sections 12505 and 12561 and the relevant Sections of Title 19, Code of Regulations, Division 1, Chapter 6 as may be amended.

"Fireworks Stand"

means any building, counter, or other structure of a temporary nature used in the sale, offering for sale or display for sale of Safe and Sane Fireworks.

"Fireworks Wholesaler"

means any person, other than an importer, exporter or manufacturer selling directly to wholesalers, who sells fireworks to a retailer or any other person for resale.

"Permit"

means a certificate issued by the City Manager that allows a Qualified Organization chosen by way of a lottery to sell Safe and Sane Fireworks for the dates and times listed on the Permit. Issuance of a Permit does not confer to Permittee ANY PROPERTY RIGHT and the City may at its sole discretion, without notice or opportunity for hearing, revoke the Permit.

"Permit Application"

means a form provided by the City used to determine eligibility to participate in the Safe and Sane Fireworks lottery.

"Permittee"

means a Qualified Organization that has received a Permit to sell Safe and Sane Fireworks.

"Public Display of Fireworks"

means any event where the public is admitted or allowed to view the display or discharge of Safe and Sane Fireworks including private, theatrical or civic performances.

"Qualified Organization"

means any nonprofit including but not limited to 501(c) (3) or other charity as defined by Federal or State law, or a group which is an integral part of or recognized by a nonprofit or charity and in existence for at least one year prior to submitting a Permit Application or an elementary, junior high and/or high school and/or school district and recognized affiliates that serves, in whole or in part, the residents of the City or public and/or private community college, college and/or university which is located within the boundaries of the City.

"Safe and Sane Fireworks"

means Safe and Sane Fireworks as defined in Health and Safety Code Sections 12529 and 12562 and Title 19, Code of Regulations, Division 1, Chapter 6 as may be amended.

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Unless specifically provided for in the Huntington Beach Charter or Municipal Code, the City Manager may adopt reasonable administrative regulations to further define processes and administration of this Chapter.

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Except as provided in this Chapter, no person shall possess, sell, use, display, or discharge any fireworks, including, but not limited to, any Dangerous Fireworks, altered Safe and Sane Fireworks, or other combustible device or explosive substance or any kind of fireworks by another name.

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It shall be unlawful to possess, sell, display or discharge within the City those fireworks that are defined and classified as Safe and Sane Fireworks except as provided in this Chapter.

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Notwithstanding any other provisions of this Chapter, the Fire Chief or his or her designee may at his or her sole discretion grant permits for public displays or theatrical performances of fireworks.

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It shall be unlawful to sell Safe and Sane Fireworks within the City without having first applied for and received a Permit.

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Each year, the City Manager may issue Permits for the sale of Safe and Sane Fireworks to Qualified Organizations by means of a lottery system. The number of Permits considered for the lottery shall be determined by City Council by Resolution. If a question arises as to whether a nonprofit, charity or group is a Qualified Organization as defined in this Chapter, the City Council Liaisons to the 4th of July Board will make the determination at their sole discretion.

Prior to the lottery, any Qualified Organization that wishes to participate in selling Safe and Sane Fireworks must complete a Permit Application and return it to the City Clerk prior to the dates and times described by Resolution. No Qualified Organization shall be permitted more than one location to sell Safe and Sane Fireworks. If more than one Permit Application is submitted, the City may disregard one, or all, of the Permit Applications at its sole discretion.

Each of the four Huntington Beach public high schools shall, upon submittal of an application, be awarded one Permit. Private Huntington Beach high schools may each enter one application and a lottery drawing will be held among the private high school Applicants for a fifth high school Permit. Each high school which receives a Permit will hold its own lottery between its student clubs and organizations and dedicate the stand to not more than two groups. If no private high school submits an application, then the four public high schools will be entered into a lottery for the fifth high school Permit.

In addition to information required in the Permit Application, the Qualified Organization shall provide the following:

A. A written and signed statement, that the Qualified Organization, prior to receipt of a Permit, will provide the City a certificate evidencing policies of insurance as required by the City pursuant to its administrative regulations.

B. Proof that the Qualified Organization meets the requirements of this Chapter.

C. The Permit Application shall be signed by an authorized officer or director of the Qualified Organization who shall attest to the veracity of all statements in the Permit Application.

D. At least one or more representatives of a Permittee shall attend a Fireworks Stand safety seminar approved by the City. The failure of a Permittee to attend the safety seminar may result in the revocation of its Permit to sell Safe and Sane Fireworks.

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A. No person shall knowingly sell fireworks to any person under the age of 18 years old.

B. It shall be illegal to sell fireworks except between noon and 10:00 p.m. on July 1st, 2nd and 3rd and between 10:00 a.m. and 9:00 p.m. on July 4th.

C. No person under the age of 18 years old shall sell or participate in the sale of Safe and Sane Fireworks.

D. No person shall be paid any consideration by the Permittee or any Fireworks Wholesaler of Safe and Sane Fireworks for selling or otherwise participating in the sale of Safe and Sane Fireworks. This shall not apply to licensed security personnel during sale or non-sale hours and to the party authorizing the location of the Fireworks Stand on its property. The Fire Chief or his or her designee may revoke the fireworks storage permit and/or local business permit of any Fireworks Wholesaler violating the terms of this section.

E. Safe and Sane Fireworks must remain at the location listed on the Permit unless written approval to relocate is obtained from the Fire Chief or designee.

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Permittees shall apply for and obtain all City permits including but not limited to temporary event, electrical, and fire permits.

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A. Retail sales of Safe and Sane Fireworks are only permitted in Fireworks Stands; retail sales from any other building or structure is prohibited. Fireworks Stands must comply with NFPA 1124 Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, current edition of the California Fire Code, the California Code of Regulations, Title 19, Division 1, Chapter 10.

B. The Fire Chief or his or her designee may create additional rules and regulations for the operation of Fireworks Stands. A copy of any such rules and regulations shall be posted in a prominent place in each Fireworks Stand. Failure to comply with the rules and regulations shall be grounds for the immediate revocation of any Permit granted under this Chapter.

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The Fire Chief or his or her designee may revoke, immediately and without notice or hearing, the Permit of any Permittee who violates Federal, State or City laws. Any Permittee whose Permit has been revoked shall be ineligible to participate in the lottery for two years from the date of revocation.

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A. It shall be unlawful for any person to ignite, discharge, project or otherwise use any Safe and Sane Fireworks, or allow the ignition, discharge or projection thereof on any beach, wetland, public park or any area on the ocean side of Pacific Coast Highway.

B. Subject to the exception noted above, it shall be unlawful for any person to ignite, discharge, project or otherwise use any Safe and Sane Fireworks, or allow the ignition, discharge or projection thereof, except on July 4th of each year between the hours of noon and 10:00 p.m.

C. It shall be unlawful for any person to ignite, discharge, project or otherwise use any Safe and Sane Fireworks, or allow the ignition, discharge or projection thereof, upon or over or onto the property of another without his or her consent or to ignite, discharge, project or otherwise use any Safe and Sane Fireworks within 10 feet of any residence, dwelling or other structure, or oil well.

D. It is unlawful for any person, firm or corporation to ignite, discharge, permit or otherwise use any fireworks, including Safe and Sane Fireworks, within the following areas of the City:

1. Any public property, including, but not limited to public streets, highways, sidewalks, alleys, parks or other publicly owned property, buildings or facilities; except for residential sidewalks, alleys and streets;

2. Any property within a commercial district of the City as defined by the Huntington Beach Zoning and Subdivision Code, except for any nonconforming residential use within such district used for residential purposes as of the effective date of the ordinance codified in this Chapter;

3. Any property within an industrial/manufacturing district of the City as defined by the Huntington Beach Zoning and Subdivision Code, except for any nonconforming residential use within such district used for residential purposes as of the effective date of the ordinance codified in this section.

E. Fireworks shall not be ignited, discharged, projected or otherwise used within 300 feet of a Fireworks Stand.

F. It is unlawful for any person to store, sell or discharge any type of fireworks in or within 100 feet of a location where gasoline or any other flammable liquid is stored or dispensed.

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The Fire Chief or his or her designee may seize, take, remove or cause to be removed, at the expense of the Permittee, Fireworks Wholesaler, or any person, whichever is applicable, all stock of fireworks offered or exposed for sale, stored or held in violation of this Chapter.

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Each Fireworks Wholesaler who is supplying a Permittee Safe and Sane Fireworks shall annually submit a public education plan to the Fire Department no later than 5:00 p.m. on June 1st of each year. The components of the public education plan shall be determined by the Fire Chief or his or her designee each year.

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A. This Chapter is not the exclusive regulation for fireworks within the City of Huntington Beach and does not supersede existing Federal, State or City statutes, regulations and ordinances.

B. If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed this Chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

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