Lemoore Municipal Code Ch. 9 Fireworks

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

ILLEGAL OR DANGEROUS FIREWORKS: Any fireworks specified as such in the state fireworks law, sections 12500 et seq., of the Health And Safety Code of the state, and such other fireworks as may be determined to be dangerous by the state fire marshal.

SAFE AND SANE FIREWORKS: Shall mean and include only unaltered fireworks specified as such in section 12529 of the Health And Safety Code of the state. (Ord. 2016-11, 9-20-2016)

A. Sale Of Safe And Sane Fireworks:

1. It shall be unlawful for any person to sell, offer for sale or display for sale any safe and sane fireworks within the Lemoore city limits without first obtaining a permit for such purpose from the city of Lemoore business license division as provided herein.

2. Safe and sane fireworks may be sold for a period of one week; from June 28 to July 4 of any year, unless July 4 falls on a Sunday, in which case the period for the sale of fireworks ends on July 5. The hours of operation of any stand shall be limited, allowing operation daily from nine o'clock (9:00) A.M. to eleven o'clock (11:00) P.M. during the week of sale identified above except for the last day, July 4, when sales must cease no later than twelve o'clock (12:00) midnight. The construction and placement of said fireworks stands shall commence no earlier than June 21 of any given year.

3. The sale of any safe and sane fireworks shall be made in strict accordance with the provisions of this section and state law, and not otherwise.

B. Discharge Of Safe And Sane Fireworks: It shall be unlawful for any person to fire, set off, discharge, explode or use, or to cause or to permit to be fired, set off, discharged, exploded or used, any safe and sane fireworks within the city limits except from nine o'clock (9:00) A.M. on July 1 and ending at twelve o'clock (12:00) midnight on July 5 of any year.

C. Applicants For Permit: Applicants for a permit under this section must be a state recognized nonprofit organization or be an integral part of a governmental or educational institution within the city limits of the city of Lemoore. Each applicant must have had its principal place of operation and a permanent meeting place within the city limits of the city of Lemoore for a period of at least one year prior to the date of application for a permit. Additionally, an applicant must provide a significant benefit to the citizens of the city of Lemoore. Each applicant shall provide any and all documentation that the Lemoore business license division, or designee, may request in order to establish that all requirements of this section have been satisfied. Such documentation which serves as proof of nonprofit status will include, but is not limited to, a signed affidavit, a current notice from the state of California declaring nonprofit status, and/or previous year's federal or state tax identification form for nonprofit organizations.

D. Permit Requirements And Procedures: All applications for a fireworks permit shall comply with the provisions of section 12500 et seq., of the California Health And Safety Code and any and all rules and regulations established by the state of California or the Lemoore fire department, and in addition shall be governed by the following:

1. An application for a fireworks permit shall be filed no sooner than beginning the first Monday of April and no later than June 1 with the city of Lemoore business license division, along with payment of a nonrefundable fire inspection fee and a nonrefundable business license fee established by resolution of the city council of the city of Lemoore. A limit of fifteen (15) permits will be issued per calendar year on a first come first approved basis. First time applicants will also pay a background check fee, as set by resolution. All applicants will submit a deposit, set by resolution, to be held by the city, until such time that all fireworks stand materials and equipment have been removed from the designated property, as required by this section. If the organization, at the required time set by this section, does not have the fireworks stand removed completely from public view, the deposit will be forfeited to the city and a record will be made of the violation. Two (2) consecutive years with the same violation will result in denial of any further applications for a period of five (5) years. Fireworks permits are not transferable.

2. No fireworks permit will be granted to the applicant if the following items are not properly and completely prepared and presented to the city of Lemoore business license division on or before June 1 of the calendar year during which the fireworks will be sold:

a. State fire marshal's license;

b. Temporary seller's permit from the state board of equalization;

c. Property owner's permission form (original) signed and currently dated;

d. A copy of workers' compensation (if you have employees operating the stand);

e. Address of property where stand will be located;

f. Certificate of insurance naming the city of Lemoore as the additional insured;

g. Affidavit of nonprofit organization plus the state of California "statement by domestic nonprofit organization" and a copy of current state of California tax return form 199.

3. The city of Lemoore reserves the right to further check the validity, by normal and necessary means, of the documents presented as evidence of nonprofit status.

4. The city of Lemoore business license division, or designee, may extend the June 1 filing date if the city, or designee, determines, at their discretion, that an applicant has attempted in good faith and with due diligence to satisfy all of the requirements in subsections D1 through D3 of this section and that as a result of action or inaction on the part of other persons or entities, which are beyond the applicant's control, the applicant has been unable to satisfy the requirements as stated in subsections D1 through D3 of this section within the required time periods.

5. No change of stand locations will be permitted after an application has been submitted, without the prior approval of the city of Lemoore, or designee.

E. Conditions:

1. All fireworks stands, any remaining inventory and all building materials and litter must be removed completely out of public view on or before eight o'clock (8:00) A.M. on July 7 of each year.

2. No person shall sell, or offer for sale, any fireworks within a distance of one hundred feet (100') of any pump or dispensing device of any flammable liquids.

3. No fireworks stand shall be located within thirty feet (30') of any adjacent buildings, burnable materials, grass, paper or like flammable materials.

4. No fireworks stand shall be located closer than ten feet (10') from any public roadway or back of curb, or in any location which does not otherwise meet the approval of the city of Lemoore, or designee.

5. No sale or display of fireworks will be allowed inside any permanent building.

6. Each fireworks stand shall have a minimum of two (2) exits, which shall be located and provided on opposite sides. Each exit shall be at least thirty two inches (32") wide. Fireworks stands with only three (3) sides and open from the back will not require exits.

7. If stands are operated at night, only electric lights may be used.

8. "No Smoking" signs shall be located on all sides of the stand. Each sign shall have the words "No Smoking" in red letters, not less than two inches (2") in height, with the minimum one and one-half inch (11/2") stroke on white background.

9. One approved two and one-half (21/2) gallon pressurized, water type fire extinguisher and/or one 5-pound multipurpose ABC fire extinguisher or garden hose fully charged with shutoff nozzle attached shall be provided in the stand's sale area. There shall be no exceptions to this requirement. The fire extinguisher must be in operating condition, with an up to date inspection tag indicating that the fire extinguisher has been serviced within the past year.

10. Fireworks signs shall not create a traffic hazard and must be approved by the Lemoore fire department, or designee.

11. All permittees shall instruct all employees and persons who handle fireworks in any capacity of the hazards of said fireworks and with these rules and safety precautions governing fireworks.

12. All persons selling fireworks shall be trained in emergency procedures, including use of the fire extinguishers.

13. Persons employed for the sale of fireworks shall be at least eighteen (18) years of age. Proof must be shown at any time when requested by fire officials.

14. No person under sixteen (16) years of age shall purchase fireworks.

15. No sleeping inside the fireworks stand will be permitted at any time.

16. The stand and surrounding area shall be maintained in a clean, neat and orderly condition at all times and be free from any condition that would create a "fire nuisance" or a "visual nuisance".

17. No person shall use or handle fireworks while under the influence of intoxicating liquids or narcotics. Alcohol and narcotics are prohibited within the fireworks stands.

18. Smoking shall be prohibited where fireworks are stored or handled.

19. No person, other than a member of the organization or a volunteer who is associated with the organization, having a permit shall be permitted to sell or otherwise participate in the sale of fireworks.

20. No permit issued or authorized shall be transferable or assignable.

21. No person shall light, or cause to be lighted, any fireworks or other combustible article within any stand or within two hundred feet (200') thereof.

22. The applicant's state license and county fireworks permit and temporary sales permit issued by the state board of equalization and the city ordinance related to allowed uses and penalties for violations shall be displayed in a prominent place in the fireworks stand.

23. All permittees must obtain final written approval from the fire marshal of the city of Lemoore, and shall be subject to any conditions imposed by the fire marshal.

F. Insurance: Prior to issuance of a permit, the eligible organization shall procure a certificate of insurance acceptable to the city of Lemoore. The certificate shall name the city, its officers, agents and employees as additional insureds in an amount of not less than two million dollars ($2,000,000.00) combined bodily injury and property damage for each occurrence. The certificate must specify the time, location and dates to be covered by the policy.

G. Revocation: Any violation of these provisions or any other city ordinance, or the terms and conditions of the permit, or state law or administrative regulations, or safety rules of the Lemoore fire department, or designee, shall be grounds for immediate revocation of the permit. Any such violation shall be determined by the sole discretion of the city of Lemoore, or designee. The decision of the city of Lemoore, or designee, with regards to revocation may be appealed to the city council of the city of Lemoore. (Ord. 2016-11, 9-20-2016)

It shall be unlawful for any person to possess, sell, use, or discharge illegal or dangerous fireworks in the city. (Ord. 2016-11, 9-20-2016)

Whenever the city disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of this code do not apply or that the true intent and meaning of this code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the city to the Lemoore city council within thirty (30) days from the date of the decision appealed. The appeal shall be in writing and shall be filed with the city manager and shall be heard at the next regular meeting of the city council. The determination of the city council upon such appeal shall be conclusive and final. (Ord. 2016-11, 9-20-2016)

The provisions of this chapter shall be construed so as not to conflict with the state fireworks law. (Ord. 2016-11, 9-20-2016)

A. Any person who violates any of the provisions of this chapter shall be guilty and punishable as set forth in title 1, chapter 4 of this code.

B. In addition, for violations of this code pertaining to the unlawful sale of dangerous or safe and sane fireworks, or for the possession, use or discharge of dangerous fireworks, all violators and responsible persons may be assessed an administrative fine of one thousand dollars ($1,000.00) for each violation.

1. Responsible person(s) for purposes of this section include:

a. The person(s) who rents, leases, or otherwise has possession of the residence or other private property;

b. The person(s) in immediate control of the residence or other private property; and

c. The person(s) who organizes, supervises, sponsors, conducts, allows, controls, or controls access to the illegal discharge or illegal possession of dangerous or illegal fireworks.

2. There is no requirement that the city provide advance notice to the responsible person(s) prior to issuing an administrative citation. Responsible person(s) shall be deemed to know the law as is the common standard for code violations. Further, fireworks violations create an immediate danger to the public health, safety and welfare for which immediate correction is required. Additionally, fireworks violations are noncontinuing violations for which it is not possible or practical to provide prior notice and an opportunity to correct.

3. Upon identification of a violation of this subsection, city code enforcement officers and any law enforcement or fire agency designated by the police chief, may impose an administrative fine of one thousand dollars ($1,000.00).

4. Administrative fines shall be subject to the administrative appeal and hearing procedures set forth in title 1, chapter 10 of this code. (Ord. 2016-11, 9-20-2016)