La Mirada Municipal Code Ch. 16.12 Fireworks

This chapter shall be known as the "Fireworks Ordinance of the City of La Mirada" and may be cited as such.

(Ord. 584 § 1 (part), 2003; Ord. 577 § 2 (part), 2003).

"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, sky rockets, Roman candles, Daygo bombs, sparklers, or other fireworks of like construction, and any 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 twenty-five hundredths grain of explosive compound per cap are used.

(Ord. 584 § 1 (part), 2003; Ord. 577 § 2 (part), 2003).

Every fireworks article or item which does not bear the “safe and sane” classification label of the state fire marshal or that is defined by the California Health and Safety Code, Title 19, Chapter 6 of the California Code of Regulations, or any successor provision thereto, as a "dangerous firework" shall be considered to be dangerous fireworks.

(Ord. 630, § 1, 2009; Ord. 584 § 1 (part), 2003; Ord. 577 §2 (part), 2003).

"Safe and Sane" fireworks shall include only those fireworks articles that have been classified and registered as "safe and sane" by the state fire marshal.

(Ord. 584 § 1 (part), 2003; Ord. 577 § 2 (part), 2003).

(a) Except as permitted by subsection (c), below, no “safe and sane” fireworks may be discharged within the city except between 3:00 p.m. and 10:00 p.m. on July 4, within residential zones. Thereafter, the discharge of “safe and sane” fireworks within the city is prohibited unless this prohibition is repealed by ordinance of the City Council. The City Council shall review the events of July 4, by July 31.

(b) Notwithstanding the provisions of subsection (a), it is unlawful for any person to discharge at any time on any day, any firework that has been physically altered from its original, manufactured state following its provision to a retail permittee, or sale to the public.

(c) Except as otherwise provided herein, it is unlawful for any person to discharge at any time any “safe and sane” fireworks in or upon any city-owned or City Redevelopment Agency-owned property, including, but not limited to sidewalks, streets, parking facilities and/or parks, or in or upon any property not zoned for residential uses. This prohibition shall not apply to any city-permitted, sponsored, or conducted fireworks show that is reviewed and approved by the city’s permit review board.

(Ord. 663 § 1, 2013; Ord. 644, § 1, 2011; Ord. 638, § 1, 2010; Ord. 632, § 1, 2009; Ord. 630, § 2, 2009; Ord. 625 § 1, 2008; Ord. 615 § 1, 2008; Ord. 607 § 1, 2007; Ord. 593 § 1, 2006; Ord. 588 § 1, 2004; Ord. 584 § 1 (part), 2003; Ord. 577 § 2 (part), 2003; Ord. 665 § 1, 2013).

Except as otherwise provided by law, this chapter, or as part of a fireworks show permitted by the city under this chapter, it is unlawful for any person to sell, possess, keep, store, use, or discharge or permit another to sell, possess, keep, store, use or discharge, any dangerous fireworks in the city. It is unlawful for any person to implicitly or expressly, directly or indirectly, permit, allow, or consent to the use or discharge of dangerous fireworks on property within the city that is owned, leased, rented, or otherwise lawfully possessed by such person.

(Ord. 706 § 1, 2019; Ord. 630, § 3, 2009; Ord. 584 § 1 (part), 2003; Ord. 577 § 2 (part), 2003).

No person, without having a valid fireworks permit issued pursuant to this chapter, shall do any of the following:

(a) Import, export, possess for the purpose of sale, offer for sale, or sell any fireworks for any use or purpose, including agricultural purposes or wild life control;

(b) Make a public display of fireworks in any place;

(c) Transport fireworks, except as provided for in the State Fireworks Law.

(Ord. 584 § 1 (part), 2003; Ord. 577 § 2 (part), 2003).

(a) Each retail stand permit shall be issued to a group or entity, or combination thereof, that meets the retail stand permit requirements provided, however, that no more than eight retail fireworks stand permits shall be issued in any calendar year. In the event more applications than available retail stands have been received by the deadline for submission thereof, each retail stand permit shall be issued to groups approved by the Master Permittee.

(b) The City Manager shall be authorized to establish rules and procedures to implement the intent and purpose of this chapter.

(Ord. 663 § 2, 2013; Ord. 644, § 2, 2011; Ord. 638, § 2, 2010; Ord. 632, § 2, 2009; Ord. 625 § 2, 2008; Ord. 615 § 2, 2008; Ord. 607 § 2, 2007; Ord. 593 § 2, 2006; Ord. 588 § 2, 2004; Ord. 584 § 1 (part), 2003; Ord. 577 § 2 (part), 2003; Ord. 665 §§ 2, 3, 2013).

For the purpose of this section there is hereby established the position of master permittee. The master permittee shall be the La Mirada Community Foundation.

The master permittee shall be the administrative head of the groups or entities or combination thereof that desire to participate in the retail sales of fireworks in the City of La Mirada and shall have the following duties:

(a) Establish requirements for retail and wholesale applicants.

(b) Establish the pairing of groups and entities or combination thereof in firework stands.

(c) Establish agreements between wholesalers and groups and entities or combination thereof for the retail sales of fireworks.

(d) Provide the city with timely updates on matters relating to the retail sales of fireworks within La Mirada. (Ord. 663 § 3, 2013).

A separate fireworks permit shall be issued to a retail applicant and wholesale applicant.

(a) Applicants for retail permits shall be approved by the master permittee.

(b) Applicants for wholesale permits must meet the following requirements:

(1) Be authorized by law to sell and/or distribute safe and sane fireworks to retail permittees in the city;

(2) Have a valid and current fire marshal's license number at the time of application and at all times when distributing or selling fireworks to retail permittees;

(3) Have and maintain commercial, general and automobile liability/umbrella insurance and workers' compensation insurance with such limits and subject to such terms and conditions as established by resolution of the city council;

(4) Execute an indemnity insuring to the benefit of the city and the La Mirada Community Foundation, and their elected and appointed officials, officers, employees and volunteers, in such form as established by policy of the city and in effect at the time application is made;

(5) Have a current city business license;

(6) Deal with the master permittee and each retail sub-permittee in a fair and equitable way and without providing financial benefits to any one or more sub-permittee that are not provided to all sub-permittees;

(7) Have local capacity and ability to stock at least double the amount of displayable merchandise in each retail stand in the city selling its fireworks, and to restock each such retail stand within two hours of being requested by a retail stand permittee, by telephone call to a telephone number manned by the wholesale permit applicant;

(8) Submit wholesale sales information by stand location to the city manager by August 31 of each year. Any additional information requested by the city manager shall be provided within five business days of such request; and

(9) The city reserves the right to evaluate the wholesaler and its ability to fulfill the city's requirements. The city council shall have the power in its discretion to grant or deny any application in each subsequent year based on the wholesale permittee's prior year's performance. (Ord. 663 § 4, 2013; Ord. 625 § 3, 2008; Ord. 615 § 3, 2008; Ord. 593 § 3, 2006; Ord. 588 § 3, 2004; Ord. 584 § 1 (part), 2003; Ord. 577 § 2 (part), 2003).

Any person desiring to obtain a wholesale fireworks permit and any corporation or association desiring to obtain a retail fireworks stand permit shall file an application by January 15 with the finance director, together with an application fee. The amount of the fee for a wholesale or retail fireworks permit shall be such amount as may be established by resolution of the city council. In the event a permit is not issued after application, the application fee shall be refunded.

(Ord. 584 § 1 (part), 2003; Ord. 577 § 2 (part), 2003).

(a) Retail Permit Applications. Each applicant desiring a retail fireworks permit shall file an application, signed under penalty of perjury, with the city's finance director. Each application shall provide the information set forth below. Note, however, that each applicant for an external retail permit must provide the required information with respect to both the applicant and any La Mirada-based corporation or association, which shall receive funds from the applicant from the proceeds of firework sales:

(1) Name, address and telephone number of the applicant;

(2) Facts sufficient and satisfactory to the city to establish the applicant's status as a La Mirada-based nonprofit, charitable, religious, or eleemosynary corporation, civic, recreational, cultural or educational or association;

(3) The purpose for which the applicant was organized and primarily exists;

(4) The names and addresses of any and all officers and members of the applicant;

(5) The date the applicant was organized and established;

(6) The location of the applicant's principal and permanent meeting place;

(7) The applicant's state board of equalization sales tax permit number;

(8) The manner, method and times the applicant proposes to sell "safe and sane" fireworks;

(9) A detailed description of how funds derived from the sale of fireworks will be used or donated and a pro forma or other form of financial document satisfactory to the city's finance director or designee showing the expenditure of the funds generated from the sale of fireworks during the prior year, or during the most recent year the applicant sold fireworks;

(10) A pro forma or other form of financial document acceptable to the city's finance director or designee establishing that funds contributed by an external retail applicant to a La Mirada-based corporation or association during the most recent two years of operation as a permittee under this chapter were used for direct advancement of veteran, charitable, patriotic, religious, or civic purposes that benefitted La Mirada residents;

(11) Such other information as the city manager may require to fully investigate the facts set forth in each application.

(12) Within five days of being granted a permit, the permittee shall provide the following:

(A) The name, address, and state fire marshal's license number of the wholesaler to supply the fireworks to the retail applicant;

(B) Evidence establishing that the applicant has obtained insurance required by this chapter.

(b) Wholesale Permit Applications. Each applicant desiring a wholesale fireworks permit shall file an application, signed under penalty of perjury, with the city's finance director. Each application shall provide the information set forth below:

(1) The name, address and telephone number of the applicant, including the name and address of all owners and managing officers;

(2) The applicant's valid and current state fire marshal's license number;

(3) Evidence establishing that the applicant has obtained insurance required by this chapter and has executed the required indemnity;

(4) Evidence that the applicant has obtained any and all other required permits or licenses necessary to distribute or sell fireworks to retail permittees for sale in the city.

(Ord. 584 § 1 (part), 2003; Ord. 577 § 2 (part), 2003).

The city council shall have the power in its discretion to grant or deny any application, subject to such reasonable conditions, if any, as it shall prescribe.

(Ord. 584 § 1 (part), 2003; Ord. 577 § 2 (part), 2003).

A fireworks permit issued pursuant to this chapter shall be valid only within the calendar year in which issued. Only one permit shall be issued to any applicant except for La Mirada High School organizations, and the permit shall be valid only for the premises or location for which issued. No permit shall be renewable or transferable or assignable either directly or indirectly.

(Ord. 584 § 1 (part), 2003; Ord. 577 § 2 (part), 2003).

Each application for a permit to sell safe and sane fireworks at retail stands shall be filed with the city clerk on or before January 15 of the calendar year for which the permit is sought.

(Ord. 584 § 1 (part), 2003; Ord. 577 § 2 (part), 2003).

A retail sales permit issued pursuant to this chapter authorizes only the retail sale of safe and sane fireworks by the permittee at the location or premises designated in the permit.

(Ord. 584 § 1 (part), 2003; Ord. 577 § 2 (part), 2003).

No retail permit shall be issued unless the proposed location of the fireworks stand complies with each of the following requirements:

(a) The proposed location is within a commercial zone or a planned unit development with and underlying commercial zoning designation.

(b) The proposed location is no less than one hundred feet from any structure and no less than three hundred feet from any other fireworks stand.

(c) The stand will be located upon asphalt, concrete, or another surface expressly approved in writing by the city manager or designee;

(d) The proposed location contains a number of parking spaces for use of operators and patrons of the fireworks stand, which under all of the circumstances, is deemed to be sufficient by the city manager or his or her designee;

(e) The proposed location provides for safe and sufficient ingress and egress by members of the public and would otherwise be situated so as to not present any apparent risk to the public health, safety or welfare;

(f) The proposed location has sufficient area so that in the opinion of the city manager or his or her designee, the proposed location will not adversely affect the normal business activity of the commercial center and is compatible with the existing commercial use;

(g) The stand, in the location proposed, would not violate any applicable local, state or federal rule, statute or regulation. (Ord. 663 § 6, 2013; Ord. 584 § 1 (part), 2003; Ord. 577 § 2 (part), 2003).

No “safe and sane” fireworks shall be sold, given away, or offered for sale except between 10:00 a.m. and 9:00 p.m., from July 1 through July 3, and between 9:00 a.m. and 8:30 p.m. on July 4. Thereafter, selling, giving away, offering for sale, or otherwise providing fireworks of any nature including, but not limited to, “safe and sane” fireworks, within the City of La Mirada, is prohibited unless this prohibition is repealed by ordinance of the City Council.

(Ord. 663 § 8, 2013; Ord. 644, § 3, 2011; Ord. 632 § 3, 2009; Ord. 625 § 4, 2008; Ord. 615 § 4, 2008; Ord. 607 § 3, 2007; Ord. 593 § 4, 2006; Ord. 588 § 4, 2004; Ord. 584 § 1 (part), 2003; Ord. 577 § 2 (part), 2003; Ord. 665 § 4, 2013).

Notwithstanding any other provision of this chapter, it is unlawful for any person or permittee to sell, give away, or otherwise provide any fireworks within the city, except those authorized for sale by resolution of the city council. For the purposes of this section, the resolution governing the sale refers to that resolution in effect on June 24 of each year authorizing the sale of specified types of fireworks.

(Ord. 584 § 1 (part), 2003; Ord. 577 § 2 (part), 2003).

All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and the same from any other building or structure is prohibited. To the extent not governed by state law or the fire code of the city, temporary stands shall be subject to the following provisions:

(a) All stands shall meet the structural stability requirements of the building ordinance of the city and all lighting circuits and other electrical equipment shall meet the requirements of the electrical ordinance of the city;

(b) No stand shall have a floor area in excess of seven hundred fifty square feet;

(c) Stands shall have exit doors at least thirty inches in width at both ends of the structure and one additional door for each twenty feet or fraction thereof or rear wall in excess of thirty-six feet. All doors shall open outward from the stand all doorways shall be kept free and clear from all supplies and materials at all times;

(d) Each stand shall be provided with two and one-half gallon soda-and-acid-type fire extinguishers, as may be expressly approved in writing by the Los Angeles County fire department, which shall be maintained in good working order and easily accessible for use in case of fire;

(e) There shall be at least one supervisor, twenty-one years of age or older, on duty at all times. No person under eighteen years of age shall be allowed inside the stand at any time;

(f) No person employed as a watchman shall be permitted to remain inside any stand when it is not open for business;

(g) "NO SMOKING" signs shall be prominently displayed, both inside and outside the stand. The signs shall be not less than six square feet in size with bold face letters not less than four inches high. No smoking shall be permitted within the stand, or within fifteen feet of the stand;

(h) No fireworks stand shall be erected before June 24 of any year. The premises on which the stand is erected shall be cleared of all structures and debris related to the operation of the fireworks stand, not later than noon of July 10th of any year;

(i) No fireworks shall be discharged in or within seventy-five feet of any fireworks stand;

(j) No person shall allow any rubbish to accumulate in or around any fireworks stand or permit a fire nuisance to exist;

(k) No fireworks shall remain unattended at any time regardless of whether the fireworks stand is open for business or not. If any fireworks are stored they shall only be stored at such places as are approved for storage of fireworks by the state fire marshal; and

(l) "NO FIREWORKS SOLD TO PERSONS UNDER 18 YEARS OF AGE" signs shall be prominently displayed, both inside and outside the stands. The signs shall be not less than six square feet in size with bold face letters not less than four inches high.

(Ord. 584 § 1 (part), 2003; Ord. 577 § 2 (part), 2003).

It is unlawful for any person or permittee to sell or offer for sale safe and sane fireworks to any person under eighteen years of age.

(Ord. 584 § 1 (part), 2003; Ord. 577 § 2 (part), 2003).

It shall be the duty of every person issued a fireworks permit to comply with all the provisions of the State Fireworks Law and the rules and regulations of the state fire marshal. The violation of the aforesaid State Fireworks Law or rules and regulations or any of the provisions of this chapter by any permittee, or by any of its agents, employees, or officers shall constitute cause, in and of itself, to deny any subsequent application for a permit.

(Ord. 584 § 1 (part), 2003; Ord. 577 § 2 (part), 2003).

It shall be the duty and responsibility of every person who receives a fireworks permit, either as a wholesaler or retailer, to comply with all the provisions of this chapter.

(Ord. 584 § 1 (part), 2003; Ord. 577 § 2 (part), 2003).

(a) It shall be unlawful for any person, firm, organization, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this chapter. Any person, firm, organization, partnership or corporation violating any provision of this chapter, or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, organization, partnership or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of this chapter is committed, continued, or permitted by such person, firm, organization, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter.

(b) Civil Remedies Available. The violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil process by means of a restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of nuisances.

(Ord. 625 § 5, 2008; Ord. 607 § 4, 2007; Ord. 593 § 5, 2006; Ord. 584 §§ 2, 3, 2003; Ord. 577 §§ 3, 4, 2003).

(a) This section authorizes and governs the imposition, enforcement, collection and administrative review of administrative fines and penalties for violations of Section 16.12.050 of this Chapter, pertaining to dangerous fireworks, as defined in this Chapter. Said administrative fines and penalties are imposed under the authority of California Government Code Section 53069.4, California Health and Safety Code Section 12557 and Chapter 1.08 of this Code.

(b) The authority of the City to cause the issuance of an administrative citation to any person pursuant to this Section, is in addition to the City’s authority to utilize any and all other civil or criminal remedies in connection with any violation of this Chapter.

(c) The imposition of administrative fines and penalties under this Section is limited to persons who possess, use, sell and/or display, and/or the seizure of, twenty-five (25) pounds or less of dangerous fireworks.

(d) Administrative fines and penalties collected pursuant to this Section shall not be subject to the provisions of California Health and Safety Code Section 12706, and shall be allocated in compliance with California Health and Safety Code Section 12557, which requires the City to reimburse the State Fire Marshal for costs associated with the disposal of seized fireworks. Unless and until regulations governing such reimbursement have been adopted by the State Fire Marshal and are effective in the State of California, the City shall hold in trust for up to one year following receipt of the fine amount, Two Hundred Fifty Dollars ($250.00) from each One Thousand Dollars ($1,000.00) in administrative fines and penalties collected pursuant to this Section, for purposes of reimbursing the State Fire Marshal for costs associated with the disposal of seized dangerous fireworks.

(Ord. 637 § 1, 2010)