Irwindale Municipal Code Ch. 8.16 Fireworks

Footnotes:

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Editor's note— Ord. No. 760, § 2, adopted May 14, 2025, in effect, repealed ch. 8.16, §§ 8.16.010—8.16.090. Former ch. 8.16 pertained to similar subject matter and derived from Ord. 145 § 1(part), adopted 1964; Ord. 330 § 24, adopted 1979; prior code §§ 6330—6334, 6336—6338.

* For statutory provisions on fireworks, see Health and Saf. Code §§ 12500-12725; for provisions on local regulation of fireworks, see Health and Saf. Code § 12541.

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

A. "Dangerous fireworks" is defined as set forth in Section 12505 of the California Health and Safety Code, and such other fireworks as may be determined to be dangerous by the State Fire Marshal.

B. "Discharge" means the act of lighting, exploding, igniting, setting-off, discharging, projecting, firing or using fireworks.

C. "Fireworks" is defined as set forth in Section 12511 of the Health and Safety Code.

D. "Fireworks stands" means temporary structures to be used exclusively for the sale of safe and sane fireworks operated by qualified organizations having a permit issued pursuant to this chapter.

E. "Organization" means any nonprofit organization, corporation, or association, organized primarily for veteran, patriotic, welfare, civic betterment, religious or charitable purposes, which has its principal and permanent meeting place, office, or place of worship within the city, and has been organized and established in the city for a minimum period of one year, continuously, preceding the filing of an application for permit under this chapter.

F. "Permit" means a validly issued permit allowing a qualified organization to conduct the sale, to the members of the general public, of safe and sane fireworks.

G. "Safe and sane fireworks" is defined as set forth in Section 12529 of the Health and Safety Code.

(Ord. No. 760, § 2, 5-14-25)

No person shall sell, offer to sell, use, discharge, or have in their possession, any dangerous fireworks within the city of Irwindale.

(Ord. No. 760, § 2, 5-14-25)

A. The city shall impose a two-thousand dollar administrative fine for each violation of Section 8.16.020 in accordance with the procedure set forth in Chapter 1.16. The imposition of an administrative fine shall be limited to persons who possess, sell, offer to sell, use or discharge dangerous fireworks in the amount of twenty-five pounds or less (gross weight including packaging).

Where applicable, cost reimbursement to the office of the State Fire Marshal and the collection of disposal costs shall be part of the administrative fine in accordance with regulations adopted by the State Fire Marshal. Administrative fines collected are not subject to the disbursement required by Health & Safety Code Section 12706.

B. A person is liable for a separate violation for each and every day or portion thereof during which he or she commits, continues, or permits a violation of Section 8.16.020.

C. Nothing in this chapter shall be intended to limit any of the penalties provided for under the Health & Safety Code or Penal Code with regard to the sale, use, possession, delivery, storage, and/or transportation of dangerous fireworks. The penalties set forth herein are intended to be nonexclusive and in addition to any other remedies at law or equity.

(Ord. No. 760, § 2, 5-14-25)

No person shall sell, or offer to sell, any safe and sane fireworks without first obtaining a permit therefore in the manner set forth in Sections 8.16.040 and 8.16.050.

(Ord. No. 760, § 2, 5-14-25)

The city clerk, or his/her designee, is hereby authorized to promulgate rules, regulations, procedures, and forms necessary to consider applications for permits to sell safe and sane fireworks. Such applications shall be accepted only from qualified organizations, as defined in Section 8.16.010, and shall be in writing upon the application form(s) prescribed therefor by the office of the city clerk. The application shall be submitted to the office of the city clerk before the first day of June of each calendar year (or the Thursday preceding when June 1 falls on a Friday, Saturday, Sunday, or holiday).

(Ord. No. 760, § 2, 5-14-25)

Each application shall be accompanied by a deposit of a cashier's check, or cash, in the amount of fifty dollars. The deposit may be refunded as set forth in subsection O of Section 8.16.080.

(Ord. No. 760, § 2, 5-14-25)

A. All applications for fireworks stands shall be referred to the city council for approval, conditional approval or denial. The city council shall deny any fireworks stand permit if it finds that the public interest or safety is, or would be, jeopardized by the issuance thereof. The decision of the council shall, in all cases, be final and conclusive.

B. The chief of police shall revoke any permit where he finds that the permittee has violated any condition of approval imposed upon such permit, or any provision of law.

(Ord. No. 760, § 2, 5-14-25)

All permitted firework stands shall be operated in accordance with the following terms and conditions:

A. No person other than the licensed organization shall operate the stand for which the permit is issued; and

B. No person other than individuals who are members of the licensed organization shall participate in the operation of the stand, nor shall any person under the age of eighteen years participate in the operation of such stand; and

C. No person shall be paid any compensation for selling or otherwise participating in the sale of fireworks at such stand; and

D. No stand shall be located within twenty-five feet of any other building or within one hundred feet of any gasoline service station, or other use which involves the use or storage of any inflammable liquid or material; and

E. Fireworks stands need not comply with the provisions of the building code of the city; provided, that all such stands shall be erected under the supervision of the building inspector who shall require that the same be constructed in a manner which will reasonably ensure the safety of the attendants and patrons thereof; and

F. No stand shall have a floor area in excess of two hundred fifty square feet; and

G. Each stand shall have at least two usable exits; each stand in excess of forty feet in length shall have at least three usable exits. In no case shall the distance between exits exceed twenty feet; and

H. Fireworks stands shall be provided with two fire extinguishers of a type and size approved by the fire chief; and

I. Fireworks stands shall be located not less than five hundred feet apart; and

J. All weeds and other combustible material shall be cleared from the location of the stand, including a distance of at least twenty-five feet surrounding the stand; and

K. "No smoking" signs shall be prominently displayed on the exterior of each fireworks stand; and

L. Fireworks shall not be sold prior to twelve noon on the twenty-eighth day of June and such sale shall cease at twelve noon on the sixth day of July each calendar year; and

M. All unsold stock and accompanying litter shall be removed from the stand and from the city limits by twelve noon on the sixth day of July of each calendar year; and

N. Each fireworks stand shall be removed from its temporary location no later than twelve noon on the twelfth day of July of each calendar year, and all accompanying litter shall be cleared from the said location by the said time and date;

O. To ensure compliance with subsections M and N of this section, prior to the issuance of any permit, the applicant shall deposit a cashier's check, or cash, with the office of the city clerk in the amount of fifty dollars, as set forth in Section 8.16.060. Upon the certification of the chief of police that compliance has been had with subsections M and N of this section, the deposit shall be returned to the applicant.

(Ord. No. 760, § 2, 5-14-25)

Prior to the issuance of any fireworks stand permit, the applicant shall file with the office of the city clerk a policy of liability insurance in minimum coverage amounts of fifty thousand dollars (PL) and one hundred thousand dollars (PD), or a certificate of insurance. The policy shall name the city as a co-assured.

(Ord. No. 760, § 2, 5-14-25)

No person shall light or cause to be lighted or permit to be lighted any fireworks or other combustible material, nor shall any person smoke or vape within such stand or other places of sale or within twenty-five feet thereof.

(Ord. No. 760, § 2, 5-14-25)

A. Discharge of safe and sane fireworks shall only be permitted in the city of Irwindale beginning at noon on the twenty-eighth day of June through noon on the 6th day of July on a property owner's private property and at least ten feet away from any dwelling or structure. Use or discharge of safe and sane fireworks outside of the permitted time period is prohibited within the city of Irwindale.

B. The city shall impose an administrative fine of one-thousand dollars ($1,000.00) for each violation of this section in accordance with the procedure set forth in Chapter 1.16.

C. A person is liable for a separate offense for each and every day or portion thereof during which he or she commits, continues, or permits a violation of Section 8.16.110(A).

(Ord. No. 760, § 2, 5-14-25)

No responsible person, including the property owner, tenant, or other person in control of property shall allow, host, or permit the sale, offer to sell, use, possession, or discharge of fireworks, dangerous fireworks, or safe and sane fireworks, on their property when the responsible person knows or should know that it is prohibited. The administrative fines as set forth in sections 8.16.030 and 8.16.110 shall be applicable and the responsible person shall be liable for a separate violation for each and every day or portion thereof during which he or she commits, continues, or permits a violation.

(Ord. No. 760, § 2, 5-14-25)