Huron Municipal Code Ch. 5.34 Fireworks

A. Safe and sane fireworks, as defined by Section 12529 of the Health and Safety Code of the State of California, may be sold within the City from nine a.m. to nine p.m. daily beginning on the twenty-eighth day of June and ending on the fourth day of July.

B. Safe and sane fireworks, as defined by Section 12529 of the Health and Safety Code of the State of California, may be sold within the City from nine a.m. to ten p.m. on the fourth day of July.

C. Safe and sane fireworks, as defined by Section 12529 of the Health and Safety Code of the State of California, may be discharged within the City during the period beginning at nine a.m. on the twenty-eighth day of June and ending at eleven fifty-nine p.m. on the fourth day of July each year pursuant to the provisions of this Chapter and not otherwise.

(Ord. 329 § 1 (part), 1999)

Except as provided herein, no persons shall offer for sale, or sell at retail, any fireworks of any kind without having first applied for and received a permit.

(Ord. 329 § 1 (part), 1999)

All applications for a permit to sell fireworks shall:

A. Be made in writing accompanied by a permit fee of two hundred fifty dollars ($250.00);

B. Be made between the first business day and the last business day of June of each year;

C. Set forth the proposed location of the fireworks stand;

D. Be accompanied by an assurance that if the permit is issued to applicant, applicant shall, at the time of receipt of permit, deliver to the city clerk a five hundred thousand dollars ($500,000.00) combined single limits insurance certificate designating the City of Huron as an additional insured, and a copy of the required license from the state fire marshall;

E. Include a statement that the applicant agrees to comply strictly with the terms of any retail permit granted it and furnish any additional information upon request of the City.

(Ord. 329 § 1 (part), 1999)

The permit fee for selling fireworks within the City shall be two hundred fifty dollars ($250.00) per year per stand, which fee must be paid at the time the application for a stand is filed.

(Ord. 329 § 1 (part), 1999)

The following qualifications must be met by each applicant for a permit:

A. No organization, person, firm, or corporation may receive more than one permit for fireworks sales during any one calendar year. One permit may be issued to two or more qualifying applicants as a joint venture. The maximum number of permits which may be issued during any one calendar year shall not exceed three permits.

B. During the first week after July 4th, the city clerk shall draw the appropriate number of names of organizations, persons, firms, or corporations who are to be the permittees for the following year. The applicants will draw for three one-year slots

(Ord. 329 § 1 (part), 1999).

Applicants for a permit shall be notified by the city clerk by July 15th of the granting or rejection of such application for a permit.

(Ord. 329 § 1 (part), 1999)

Organizations selling fireworks are required to obtain a temporary sales tax permit from the State Board of Equalization.

(Ord. 329 § 1 (part), 1999)

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

(Ord. 329 § 1 (part), 1999)

A. No entity other than the permittee organization, person, firm, or corporation shall operate the stand for which the permit is issued.

B. No person other than the person or individuals who are members of the permittee organization, firm, or organization, or the wives or husbands or adult children (over eighteen (18) years of age) of such persons, shall sell or otherwise participate in the sale of fireworks at such stand.

(Ord. 329 § 1 (part), 1999)

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

A. No fireworks stand shall be located within twenty-five (25) feet of any building and not within one hundred (100) feet of any gasoline pump;

B. Fireworks stands need not comply with the provisions of the building code; provided, however, that all stands shall be erected under the supervision of the city building inspector, who shall require that stands be constructed in a manner that will reasonably insure the safety of attendants and customers;

C. No stand shall have a floor area in excess of four hundred (400) square feet. The width of each stand shall be a minimum of ten feet and the length shall be a maximum of forty (40) feet;

D. Each stand must have at least two exits;

E. Each stand shall be provided with a two and one-half gallon water pressure type fire extinguisher and a 2Al0BC rated dry chemical fire extinguisher in good working order and easily accessible for use in case of fire.

(Ord. 329 § 1 (part), 1999)

A. All weeds and combustible material shall be cleared from the location of the stand, including a distance of a least fifty (50) feet surrounding the stand;

B. "No Smoking" signs shall be prominently displayed on the front, back, and sides of the fireworks stand;

C. Each stand must have an adult in attendance and in charge while fireworks are stored therein. Sleeping or remaining in stand after close of business each day is forbidden;

D. The sale of fireworks shall not begin before twelve noon on the twenty-eighth of June and shall not continue after nine p.m. on the fourth day of July;

E. Hours of operation shall be limited to nine a.m. to nine p.m. daily;

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

G. The fireworks stand shall be removed from the temporary location by eight p.m. on the sixth day of July, and all accompanying litter shall be cleared from said location by said time and date;

H. Prior to the issuance of a permit, each applicant shall file with the city clerk a cash deposit, certificate of deposit, or a surety bond made payable to the City in the amount of one hundred dollars ($100.00) to assure compliance with the provisions of this chapter. Such deposit, certificate, or bond 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 city building inspector, the City may do so, or cause the same to be done by other persons, and the reasonable cost thereof shall be a charge against the permittee and his deposit of surety bond.

(Ord. 329 § 1 (part), (1999)

A. No person shall light or cause to be lighted any fireworks or other combustible material within any stand or within two hundred (200) feet thereof.

B. It is unlawful for any person to ignite, explode, project, or otherwise fire or use, or permit the ignition, explosion, or projection of any fireworks upon, over, or onto the property of another, or to ignite, explode, project, or otherwise fire or make use of any fireworks within ten feet of any residence, dwelling, or other structure.

(Ord. 329 § 1 (part), 1999)

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 B, Division 2 occupancies, as provided in the Uniform Building Code, 1979 Edition, and shall meet the 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;

B. Buildings or parts of buildings used for storage shall meet the zoning requirements of the City and a permit to store shall be issued by the City;

C. Signs with the wording "Fireworks—No Smoking," in letters a minimum of four inches high, shall be conspicuously located throughout the building;

D. Fire extinguishers, of the water pressure type, shall be located so there is not more than fifty (50) feet of travel to any fireworks storage;

E. Stacks of merchandise shall be limited in size to twelve thousand (12,000) cubic feet, and each stack shall be separated from other stacks by eight-foot-wide aisles.

(Ord. 329 § 1 (part), 1999)

If, in the judgment of the fire chief, the construction of the stand or the conduct of the operations therein do not conform to the provisions of this chapter, said officer may order the stand immediately closed.

(Ord. 329 § 1 (part), 1999)

Persons violating this chapter shall be deemed guilty of an infraction and, upon conviction, shall be punished accordingly, as set forth in Section 1.16.010 of this code.

(Ord. 329 § 1 (part), 1999)