Live Oak, Sutter County Municipal Code Ch. 9.48 Safe and Sane Fireworks

To allow for the sale and use of fireworks as permitted in the State Fireworks Law (Sections 12500, et seq. of the Health and Safety Code) within the City of Live Oak.

(Ord. 574 § 2, 2020)

"Dangerous fireworks"

includes all of the following:

A.

Any fireworks which contain any of the following:

Arsenic sulfide, arsenates, or arsenites.

Boron.

Chlorates, except:

a.

In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included.

b.

In caps and party poppers.

c.

In those small items (such as ground spinners) wherein the total powder content does not exceed four grams of which not greater than 15% (or 600 milligrams) is potassium, sodium, or barium chlorate.

Gallates or Gallic acid.

Magnesium (magnesium-aluminum alloys, called magnalium, are permitted).

Mercury salts.

Phosphorous (red or white except that red phosphorus is permissible in caps and party poppers).

Picrates or picric acid.

Thiocyanates.

Titanium, except in particle size greater than 100-mesh.

Zirconium.

B.

Firecrackers.

C.

Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge.

D.

Roman candles, including all devices which discharge balls of fire into the air.

E.

Chasers, including all devices which dart or travel about the surface of the ground during discharge.

F.

Sparklers more than 10 inches in length or one-fourth of one inch in diameter.

G.

All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, auto-foolers, cigarette loads, exploding golf balls, and trick matches.

H.

Fireworks known as devil-on-the-walk, or any other firework which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this part.

I.

Torpedoes of all kinds which explode on impact.

J.

Fireworks kits.

K.

Such other fireworks examined and tested by the State Fire Marshal and determined by him, with the advice of the State Board of Fire Services, to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks.

"Exempt fireworks"

means any special item containing pyrotechnic compositions which the State Fire Marshal, with the advice of the State Fire Advisory Board, has investigated and determined to be limited to industrial, commercial, agricultural use, or religious ceremonies when authorized by a permit granted "Fireworks" means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment.

"Fireworks"

includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits.

"Safe and sane fireworks"

means any firework which does not fall within the definition of "dangerous fireworks" or "exempt fireworks"

(Ord. 574 § 2, 2020)

Except as otherwise provided in this chapter, no person shall possess, sell, use, display or explode within the City any kind of fireworks as defined in Section 12511 of the Health and Safety Code, including, but not limited to, any rocket, firecracker, roman candle, squib, torpedo, torpedo cane, fire balloon, wire core sparkler, wooden core sparkler, black cartridge or other combustible device or explosive substance.

Exception: It shall not be unlawful to sell within the City those fireworks as are defined and classified as "safe and sane fireworks" in the State Fireworks Law (Sections 12500, et seq. of the Health and Safety Code) during that time period beginning at 12:00 noon on June 28 and ending at 12:00 noon on July 6 of that same year.

(Ord. 574 § 2, 2020)

It shall be unlawful for any person to sell "safe and sane fireworks" within the City without having first applied for and receiving a City permit.

A. Prerequisite for Permit Issuance:

1. No permit to sell fireworks shall be issued to any person, except nonprofit organizations or corporations organized primarily for veteran, patriotic, welfare, civic betterment or charitable purposes.

2. Each such organization shall have its principal and permanent meeting place with Live Oak City Limits and shall have been organized and established in an area which is presently with the limits for a minimum of one year continuously preceding the filing of the application for the permit.

3. No organization shall submit more than one application for permit to sell fireworks with the City of Live Oak. Submittal of more than one application shall be grounds for denial of all applications.

The number of available permits which includes any permits issued pursuant to this chapter will be limited to one per 2,000 population based on the latest survey available to the City of Live Oak. If necessary, a lottery system will be used to fill permit vacancies. Only one permit to sell fireworks pursuant to this chapter shall be issued to an eligible applicant.

B. Permit Application:

1. All applications for permits to sell fireworks shall be in writing to the City of Live Oak. Applications may be filed beginning March 1 of each year until all available permits have been filled. Applications shall set forth the proposed location of the fireworks stand being applied for, and other information as may be required by City.

2. Any person, firm, corporation, or organization applying for a permit to sell fireworks shall furnish to the City a policy of public liability and property damage insurance. This policy shall have no deductible, with a limit of bodily injury of not less than $1,000,000.00 and a limit of property damage not less than $1,000,000.00. The City of Live Oak and its agents and employees shall be named as coinsureds on the policy.

3. Applicants for such permits shall be notified of approval or disapproval of such applications for such permit. All organizations whose permits have been approved shall have up to and including July 1st of that year to pick up such permit.

4. Every application for a permit shall be accompanied by the established permit fee for the sales of fireworks. The permit fee will be refunded if the application is not approved.

(Ord. 574 § 2, 2020)

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

A. No fireworks stand shall be located within 50 feet of any other building or within 100 feet of any gasoline pump or distribution point or within 100 feet of any other fireworks booth, unless separated by a roadway four lanes wide or greater.

B. 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 Fire Inspector, who shall require that stands be constructed in a manner which will reasonable insure the safety of attendants and patrons; and provided further that any electrical installation shall comply with all applicable codes.

C. Each stand shall be provided with two, two and one-half gallon "water type" (minimum rating 2A) fire extinguishers in good working order and easily accessible for use in case of fire.

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

E. Each stand shall have at least two exits. Each stand in excess of 40 feet in length shall have at least three exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed 24 feet. Exit doors shall be not less than 24 inches wide and six feet and two inches in height and shall swing in the direction of exit travel.

(Ord. 574 § 2, 2020)

A. No person shall sell fireworks to any person under the age of 18.

B. Sale of fireworks shall begin no earlier than 12:00 noon on June 28th and shall not continue after 12:00 noon on July 6th of the same year.

C. No person other than the permittee organization shall operate the stand for which the permit is issued or share or otherwise participate in the profits of the operation of such stand.

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

E. No person under the age of 18 shall sell or participate in the sale of fireworks.

F. Each stand shall have an adult watchperson in attendance while the stand is being used for the sale, display or storage of fireworks. In lieu of a night watchperson, a class IV magazine or equivalent, as approved by the Fire Marshal, may be used to store fireworks.

G. All fireworks shall be retained at the approved location. In no event shall unsold fireworks be removed from the approved location to any other place without the written approval of the Fire Marshal.

H. Stands may not be located on public or residential property.

(Ord. 574 § 2, 2020)

All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least 25 feet surrounding the stand.

"NO SMOKING" signs shall be prominently displayed on and in the fireworks stand.

No fuel-powered generator or similar equipment shall be allowed within 50 feet of a fireworks stand.

(Ord. 574 § 2, 2020)