Isleton Municipal Code Ch. 6.24 Fireworks

For the purposes of this chapter, the following words are defined as follows:

A. 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.

B. Fireworks means blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, fire balloons (balloons of a type which have burning material of any kind attached thereto or which require fire underneath to propel them), firecrackers, torpedoes, skyrockets, rockets, Roman candles, Daygo bombs, sparklers, or other fireworks of like construction and any other fireworks containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, but does not include toy pistols, toy canes, toy guns, or other similar devices in which paper caps containing not more than 0.25 grain of explosive compound.

No person shall sell or offer for sale or expose for sale at retail for use within the city any fireworks, except that such fireworks as are defined and classified as "safe and sane" fireworks under the state fireworks law as contained in the California Health and Safety Code may be sold and displayed provided that a permit therefor is first obtained.

No permit to sell "safe and sane" fireworks shall be issued to any person except non-profit corporations or organizations organized primarily for veteran, patriotic, welfare, civic betterment or charitable purposes. Each such organization shall have its principal and permanent meeting place within the city limits, and shall have been organized and established for a minimum of one year continuously preceding the filing of the application for the permit, and shall have a bona fide membership of at least 20 members.

The maximum number of permits which may be issued pursuant to this chapter during any one calendar year shall not exceed one permit for each 2,000 residents of the city.

A. All applications for permits to sell fireworks shall be filed with the city clerk. Except as hereinafter provided, applications must be filed during the month of January of each year. Applications for the year 1965 must be filed within 30 days of the adoption of this chapter.

B. Applications shall set forth the proposed location of the fireworks stand being applied for, and shall furnish such other data or information as may be required relating to the issuance of such permit.

C. Applications shall be accompanied by an assurance that if the permit is issued, the applicant shall, at the time of the receipt of such permit, deliver to the city a policy of public liability insurance with $50,000.00 to $100,000.00 limits, a policy of property damage insurance with $25,000.00 limits, and a policy of products liability insurance with $300,000.00 limits, which said policies shall contain riders attached thereto designating the city as an additional insured thereunder. No policy will be acceptable which contains a provision allowing a deductible amount.

On or before March 15 of each calendar year the city clerk shall notify each applicant of the approval or disapproval of the applications for permits. All organizations whose permits have been approved shall have to and including June 15 of that year to secure a permit from the city clerk. No permit shall be issued by the city clerk until a fee of $25.00 has been paid, the applicant has delivered the insurance policies required under section 6.24.040 hereof and obtained a license from the state fire marshal.

All retail sales of "safe and sane" fireworks shall be permitted only from within a temporary fireworks stand, and the sale from any other buildings or structure is hereby prohibited. Temporary stands shall conform to the following:

1. No fireworks stand shall be located within 25 feet of any other building, nor within 50 feet of any gasoline station.

2. Fireworks stands shall not be located closer than 600 feet apart.

3. All weeds and combustible materials shall be cleared from the location of the stand for a distance of at least 20 feet.

4. No stand shall have a floor area in excess of 750 square feet.

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

6. Each stand shall have at least two exits. Exits shall not be less than 24 inches wide and six feet in height.

7. "No Smoking" signs shall be prominently displayed on the fireworks stands.

8. Each stand shall be provided with two 1½-gallon "soda and acid" or equivalent type fire extinguishers in good working and order and easily accessible for use in case of fire.

Fireworks stands shall be operated in accordance with the following provisions:

A. No person other than an organization who holds a permit therefor shall operate the stand, or share, or otherwise participate in the profits of the operation of such stand.

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

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

D. The sale of fireworks shall not begin before 12:00 noon on June 28, and shall not continue after 12:00 midnight of July 5 of each year.

E. All unsold stock of fireworks in the hands of the permittee after 12:00 midnight on the fifth day of July shall be returned to the distributor or wholesaler and removed from the city within one week.

F. Stands shall be dismantled and all litter shall be removed from the premises no later than July 12.

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not exceeding $500.00 or by imprisonment in the county jail, for not exceeding six months, or by both such fine and imprisonment.