King City Municipal Code Ch. 7.34 Fireworks

Note: Prior ordinance history: Ord. 535.

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

“City manager”

shall mean the city manager of the city of King City and/or his or her designee or designees.

“City of King City clerk” or “city clerk”

means the King City clerk and/or his or her designee or designees.

“Dangerous fireworks”

means dangerous fireworks as set forth in California State Fireworks Law (Sections 12505 and 12561 of the Health and Safety Code and the relevant sections of Title 19, Code of Regulations, Subchapter 6), as hereinafter may be amended from time to time, which are hereby incorporated by reference.

“Fire chief”

shall mean the fire chief of the city of King City and/or designee or designees.

“Nonprofit organization”

means: (1) any nonprofit association, charity, church, corporation, club, or society, organized primarily for veteran, patriotic, welfare, civic, benevolent, betterment, youth activities, or charitable purposes; or (2) a group which is an integral part of a recognized nonprofit national organization; or (3) an organization affiliated with and officially recognized by an elementary, junior high school, high school, school district, and/or college that serves, in whole or in part, the residents of King City, and has obtained a nonprofit status with either the California Franchise Tax Board or the Internal Revenue Service and which has a principal and permanent meeting place within the city limits of the city of King City.

“Person”

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

“Principal and permanent meeting place”

means and includes, but not is not limited to, a permanent structure, playing field, geographic area, or service population which resides in or is located within the city of King City.

“Residents of the city” or “city residents”

means and includes owners of businesses and/or property in the city as well as occupants of residential dwellings.

“Safe and sane fireworks” (a.k.a. “state-approved fireworks”)

means safe and sane fireworks as set forth in California State Fireworks Law (Sections 12529 and 12562 of the Health and Safety Code and the relevant sections of Title 19, Code of Regulations, Subchapter 6), as hereinafter may be amended from time to time, which are hereby incorporated by reference.

(Ord. 691 § 1, 2011)

(a) Subject to the provisions of this chapter, the State Fireworks Law, Sections 12500 through 12726 of the Health and Safety Code of the state, and any regulations promulgated thereunder, safe and sane fire-works, as defined herein, may be sold and/or discharged within the city limits of the city of King only during the period beginning at noon on the twenty-eighth day of June and ending at 8:00 p.m., on the fourth of July, each year. No fireworks classified as “dangerous fireworks” by Section 12505 of the Health and Safety Code of the state of California may be sold within the city. This section shall not apply to the discharge of fire-works which are authorized by a city-issued special event permit.

(b) Subject to the provisions of this chapter, the State Fireworks Law, Sections 12500 through 12726 of the Health and Safety Code of the state, and any regulations promulgated thereunder, safe and sane fire-works, as defined herein, may be discharged within the city limits of the city of King only during the period beginning at noon on the twenty-eighth day of June and ending at 10:00 p.m., on the fourth of July, each year. No fireworks classified as “dangerous fireworks” by Section 12505 of the Health and Safety Code of the state of California may be sold and/or discharged within the city. This section shall not apply to the discharge of fireworks which are authorized by a city-issued special event permit.

(c) The use or discharge of fireworks within fifty feet of any fireworks sales stand is prohibited.

(Ord. 691 § 1, 2011; Ord. 770 § 2, 2019)

(a) Except as provided in this chapter, it is unlawful to offer for sale or sell at retail "safe and sane fireworks" without having first applied for and been issued a permit therefor, in the manner set forth in this chapter.

(b) Permits for the sale of safe and sane fireworks shall be issued only to nonprofit organizations, and such fireworks shall be sold only at the outdoor sales stands, as more specifically set forth hereinafter.

(c) The city council shall meet in January and set the number and method of selection for each permit. Said setting and selection may be done by resolution or by minute order.

(d) No nonprofit organization may receive more than one permit for fireworks sale during any one calendar year; one permit may be issued to two qualifying applicants as a joint venture.

(e) Any applicant that has had a fireworks sales permit suspended or revoked within the prior three years shall be eligible for a fireworks sales permit only upon demonstrating to the fire chief's reasonable satisfaction that suitable arrangements have been made to preclude future violations.

(Ord. 691 § 1, 2011; Ord. 833, 1/28/2025)

(a) All applications for a permit to sell fireworks may be filed with the city and accompanied by an application fee by a deadline and in an amount set by resolution of the city council.

(b) Permit applications that are incomplete or filed late shall not be processed.

(c) All permit applications shall be made in writing on a form supplied by the city. A completed permit application package shall include:

(1) Proper identification and signature of the permit applicant;

(2) The proposed location of the fireworks sales stand;

(3) The dates and hours the applicant proposes to operate the stand;

(4) A detailed description of the fireworks proposed to be sold;

(5) The written consent of the owner of record and/or lessor in control of the property upon which the proposed sales stand will be located;

(6) The plan for staffing the stand during the proposed days and hours of operation;

(7) The fireworks distributor's business name, address, telephone number, and person that is the point of contact;

(d) After permit recipients have been selected through a process set forth by resolution of the city council, submittal of additional documentation required prior to issuance of a permit shall include:

(1) Proof of a temporary sales tax permit from the State Board of Equalization or proof of application;

(2) Proof of insurance to include one million dollars public liability, property damage, and product liability coverage with riders attached to the policies designating the city as an additional insured;

(3) Proof of a State Fire Marshal Retail Fireworks License; and

(4) Such other information and documentation that the fire chief in his or her reasonable discretion may require.

(e) Each applicant shall file with the city, at the time of filing the permit application, a nonrefundable application fee as may be established by resolution of the city council and a refundable cash deposit, certificate of deposit, or a surety bond made payable to the city in the amount as set by resolution of the city council 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 sales stand, cleaning of the site, and full passage of the city's final site inspection.

(f) The fire chief is authorized to promulgate administrative regulations and procedures necessary for the successful and effective implementation of this chapter including rules and procedures governing the submission of applications for permits to sell safe and sane fireworks, inspections of firework stands, operation of fireworks stands, and such regulations relating to the sale of safe and sane fireworks as may be necessary for the protection of life and property. Said administrative regulations and procedures shall be set forth in writing and are subject to prior approval by the city attorney.

(Ord. 691 § 1, 2011; Ord. 833, 1/28/2025)

(a) The application must be a nonprofit organization that conducts its activities primarily for the benefit of the city and its residents.

(b) The applicant must have been organized and established in the city's corporate limits for a minimum of one year continuously preceding the filing of application for the permit, and must have a bona fide membership of at least ten members who are residents of the city.

(Ord. 691 § 1, 2011; Ord. 700 § 1, 2012; Ord. 833, 1/28/2025)

(a) The city shall notify all applicants that have been granted permits consistent with the process set forth by resolution of the city council.

(b) All applicants that have been granted permits shall, prior to issuance of the permit, pay a permit fee in an amount set by resolution of the city council. The permit fee is intended to cover the cost of issuance of the permit and the first inspection of the fireworks stand. Any necessary subsequent inspections shall be subject to a reinspection fee in an amount as set by resolution of the city council. The refundable deposit, certificate of deposit or a surety bond made payable to the city and provided by the applicant pursuant to subsection (d) of Section 7.34.040, shall be held by the city to be available to cover the cost of removal of the fireworks sales stand, in accordance with subsection (m) of Section 7.34.090.

(c) Each applicant that has been granted a permit shall have no less than two members of its sales staff complete operator safety training as required by the fire department.

(Ord. 691 § 1, 2011; Ord. 833, 1/28/2025)

(a) The fire chief may suspend immediately and without notice or hearing the permit of any permittee that violates any rule, regulation or ordinance while operating or preparing to operate a fireworks sales stand during or immediately preceding any period of sale. If the fire chief reasonably believes that a violation has occurred during, immediately preceding, or immediately following the authorized period of sale, he or she shall have power to prohibit the permittee from acquiring a fireworks sales permit in the future.

(b) Any decision of the fire chief made pursuant to this chapter shall be subject to review by the city manager. When the decision being appealed affects the current sale period, such review shall be held at the earliest possible time that the permittee, city manager and fire chief can schedule a hearing for such review. For decisions that do not affect the current sales period the hearing shall be held within ten city business days after the request for hearing, which request must be made within ten calendar days after notice of the decision being appealed. The city manager may set aside the decision, modify it or revoke in his or her reasonable discretion. The decision of the city manager shall be final.

(Ord. 691 § 1, 2011)

(a) It is unlawful for a permittee to allow any person other than the permitted nonprofit organization to operate the sales stand for which the permit is issued, or to otherwise participate in the profits of the operation of the sales stand.

(b) It is unlawful for the permittee to allow any person other than individuals who are members of the permitted nonprofit organization, or the spouses or adult children of such members, to sell or otherwise participate in the sale of fireworks.

(c) It is unlawful for the permittee to pay any consideration to any person for selling or otherwise participating in the sale of fireworks.

(d) Each sale stand must have an adult in attendance and in charge thereof while fireworks are stored therein.

(e) No person may sleep in or remain in the stand after close of business.

(f) All unsold fireworks must be securely stored in a locked container, approved by the fire chief, during non-sale periods.

(g) Each sale stand must have on duty at all times during the sales period, at least one salesperson who attended the city of King City fire department operator safety seminar, required pursuant to subsection (c) of Section 7.34.060.

(h) The sale of fireworks shall conform to restrictions of Section 7.34.020.

(i) All unsold stock, sales stands and accompanying litter shall be removed from the sales location by 12:00 p.m. on July 6th of each year.

(j) Permittees shall require persons who appear to be under the age of thirty years to provide proof of age and shall make no sales of fireworks to persons younger than eighteen years of age.

(Ord. 691 § 1, 2011)

All retail sales of “safe and sane fireworks” shall be made only from within a temporary fireworks sales stand, and sales from any other building or structure is hereby prohibited. Fireworks sales stands are subject to the following requirements:

(a) Fireworks sales stands shall be put in place by the permittee no earlier than 8:00 a.m. on June 26th of each year.

(b) No fireworks sales stand shall be located within twenty-five feet of any other building or structure within five feet of any curb line, or within one hundred feet of any gasoline pump.

(c) No fireworks stand shall be located within one hundred feet of any building used as a school, day care, hospital, place of detention, public garage or place of assembly that can accommodate three hundred or more occupants.

(d) A minimum of twenty feet of separation shall be provided between the fireworks sales stand and any parked vehicle that is not under the immediate control of the permittee.

(e) No weeds or other combustible materials are permitted within twenty-five feet of the fireworks sales stand.

(f) All fireworks sales stands shall be pre-approved by the fire chief.

(g) Within all fireworks sales stands the electrical wiring shall be in conduits and breaker boxes shall consist of GFI breakers.

(h) All fireworks sales stands shall be built and maintained in accordance with the safety requirements of the city prior to opening for business.

(i) No generators shall be allowed within twenty-five feet of any fireworks sales stand.

(j) Smoking and the consumption of alcoholic beverages shall not be allowed within fifty feet of any fireworks sales stand and “No Smoking” signs shall be displayed on and in the fireworks sales stand.

(k) Permittees shall place no signs in the public right-of-way.

(l) Each fireworks sales stand shall be provided with two, two-and-one-half gallon pressurized water type fire extinguishers, or two 2A10BC dry chemical/powder type fire extinguishers, in good working order, and easily accessible for use in case of fire.

(m) The fireworks sales stand shall be removed from the temporary location by 12:00 p.m. on July 6th of each year and all accompanying litter shall be cleared from the location by said time and date. If the permittee does not remove the stand and/or clean the sales site as required by this chapter, the city may do so, or cause the same to be done, and the reasonable cost thereof shall be charged against the permittee, and his or her deposit, certificate or surety. In addition, any permittee found to be in violation of this section shall be subject to an administrative penalty imposed in accordance with Section 7.34.140.

(n) The permit to sell fireworks shall be displayed in a prominent place in the fireworks sales stand.

(o) In addition to any other administrative procedures set forth by the city, it shall be the responsibility of permittee under this chapter to display a poster measuring eighteen inches by thirty-two inches that shall be posted at the point of sale of the fireworks to notify purchasers of all applicable restrictions established by this code. The city shall provide the posters, which shall be returned to the city after use.

(Ord. 691 § 1, 2011)

(a) In addition to any other fee imposed pursuant to this chapter, each permittee permitted under this chapter shall pay an annual regulatory fee to the city in an amount established by resolution of the city council.

(b) The fee required by this section shall be payable within five days from the date that the fire chief notifies applicants that their permit has been approved pursuant to Section 7.34.060.

(c) No permittee may offer for sale or sell safe and sane fireworks, unless and until the permittee has paid to the city the fee imposed by this section.

(d) The annual regulatory fee established pursuant to this section is not intended to generate excess revenue for the city, but rather to attempt to offset costs.

(Ord. 691 § 1, 2011)

(a) Each permittee must obtain a temporary sales tax permit from the State Board of Equalization.

(b) The temporary sales tax permit shall be displayed in a prominent place in the fireworks sales stand.

(Ord. 691 § 1, 2011)

The discharge of fireworks in the city shall be limited to private property except as otherwise provided in this chapter. No fireworks shall be discharged on public, or semipublic properties, or in a public street or right-of-way except in those areas approved in writing by the fire chief.

(Ord. 691 § 1, 2011)

(a) It is unlawful for any person to ignite, explode, project, or otherwise fire or use any fireworks, or permit the ignition, explosion or projection thereof, upon or over onto the property of another without his or her consent, or to ignite, explode, project, or otherwise fire or make use of, any fireworks within ten feet of any residential dwelling or other structure used as a place of habitation by human beings.

(b) Except as provided in subsection (c) of this section, it is unlawful for individuals under eighteen years of age to sell, purchase, possess, use or discharge “safe and sane fireworks.”

(c) It is unlawful for any person having the care, custody or control of a minor under the age of eighteen years to permit such minor to discharge, explode, fire or set off any dangerous, illegal fireworks, at any time, or to permit such minor to discharge or set off any “safe and sane fireworks” unless such minor does so under the direct supervision of a person over eighteen years of age and during the hours and on the days permitted by this chapter.

(Ord. 691 § 1, 2011)

In addition to any other remedy available at law, any person or entity who possesses, uses, stores, sells, and/or displays dangerous fireworks or any person or entity who possesses, uses, sells, and/or displays safe and sane fireworks on or at dates, times, and/or locations other than those permitted by this chapter, or any permittee who violates any provision of this chapter is subject to an administrative penalty, in an amount as provided below:

(a) The amount of the administrative penalty shall be one thousand dollars per violation of the King City Municipal Code.

(b) Appeals of administrative penalties shall be made and heard in accordance with Sections 7.51.603, 7.51.604 and 7.51.609 of the King City Municipal Code.

(Ord. 691 § 1, 2011; Ord. 770 § 2, 2019)

All nonprofit organizations will be required to disclose detailed financial reports to the city, pursuant to procedures set forth in the fireworks sales application packet. Information required will be listed on forms provided by the city as part of the permit application packet. Any nonprofit organization that fails to comply with this section shall not be issued a fireworks sales permit.

(Ord. 691 § 1, 2011)

This chapter is not the exclusive regulation for fireworks within the city of King City. It shall supplement and be in addition to the other codes, statutes, regulations and ordinances heretofore and hereinafter enacted by the city of King City, the state of California or any other entity or agency having jurisdiction.

(Ord. 691 § 1, 2011)

The provisions of this chapter are supplementary to the provisions of the fire code of the city of King City. In case of direct conflict between the provisions of the fire code of the city, and the provisions of this chapter, the provisions of this chapter shall prevail. Except with respect to such direct conflict, the provisions of the fire code of the city of King City shall remain in full force and effect.

(Ord. 691 § 1, 2011)

If any part of this chapter is held invalid for any reason, such decision shall not affect the validity of the remaining portion of this chapter, and the city council hereby declares that it would have passed the remainder of the ordinance codified in this chapter, if such invalid portion thereof had been deleted.

(Ord. 691 § 1, 2011)