Madera Municipal Code Ch. 13B Fireworks

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DANGEROUS FIREWORKS. Any fireworks specified as such in the State Fireworks Law, Cal. Health & Safety Code §§ 12500 et seq., and such other fireworks as may be determined to be dangerous by the State Fire Marshal.

FIREWORKS. 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. The term 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.

FIREWORKS STAND. Any building, counter or other structure of a temporary nature used in the sale or offering for sale of fireworks.

SAFE AND SANE FIREWORKS. Any fireworks not designated as "dangerous fireworks", except that, in any case, only end fuses shall be used.

(Ord. 887 C.S., passed 6-1-11)

It shall be unlawful for any person to sell, offer for sale, have in his/her possession, fire, set off, discharge or use any fireworks unless such fireworks are classified as "safe and sane" by the State Fire Marshal, and then only in accordance with the State Fireworks Law, Cal. Health & Safety Code §§ 12500 et seq., California Code of Regulations, Title 19, §§ 975 et seq., and the provisions of this chapter.

(Ord. 887 C.S., passed 6-1-11)

No person or organization shall offer for sale or sell any fireworks of any kind in the City of Madera without a valid permit issued in accordance with the provisions of this chapter, except as permitted by state law.

(Ord. 887 C.S., passed 6-1-11)

(A) A fireworks permit shall be issued only to such applicants who meet the following criteria:

(1) Applicant must be a duly organized not-for-profit charitable, religious, civic, patriotic, or community service organization.

(2) The organization must be one that provides direct and regular community services and benefits to the citizens of the City of Madera.

(B) An organization may be eligible if it has met the criteria in subsections (A)(1) and (2) of this section for a continuous period of not less than one year preceding its application for a permit.

(C) An organization may submit only one application per year. In any calendar year in which there are fewer applicants than available permits, first priority shall be given to those organizations that meet all of the qualifications of this section. Any remaining permits shall be issued to applicants regardless of whether or not the remaining applicants qualify under subsections (A)(1) and (2) of this section.

(Ord. 887 C.S., passed 6-1-11)

(A) An application for a permit to sell safe and sane fireworks may be obtained from the city's Finance Department beginning May 1 of the same calendar year in which the permit will be issued and must be completed and returned to the Finance Department on or before 5:00 p.m., on the second Friday in June, of the same calendar year. Each application must be accompanied by a filing fee in the amount established in the Master Fee Schedule Resolution. The application must include the following information:

(1) Name and address of the applicant organization.

(2) Evidence from the State of California of the applicant's status as a nonprofit organization.

(3) The purpose for which the applicant organization was created.

(4) The names and addresses of the officers, if any, of the applicant.

(5) The date the applicant organization was founded/recognized.

(6) A description of the location of the intended fireworks sales.

(7) A complete site plan of the proposed location of the temporary fireworks booth and storage. A separate site plan must be provided for storage if it is not located on the same property.

(8) A written statement signed by the property owner authorizing the applicant to use the property to erect a fireworks stand and to conduct sales activities therefrom. Such statement must also contain the Assessor's Parcel Number of the property.

(9) Evidence of possession of a valid State Fire Marshal's license to sell safe and sane fireworks.

(10) A copy of a temporary seller's permit issued to applicant by the State Board of Equalization.

(11) A copy of a temporary business license permit issued by the Finance Department of the City of Madera.

(12) An assurance by the applicant that if a permit is issued to the applicant, the applicant shall, at the time of receipt of such permit, deliver to the city a certificate of insurance evidencing a one million dollar public liability and property damage insurance policy, and products liability insurance of one million dollars, designating the city and its officers, agents and employees as additional insureds. The certificate shall specify the time, location, and dates to be covered by the policy.

(13) In addition, a declaration shall be submitted by the applicant stating, under penalty of perjury, that:

(a) The applicant provides direct and regular community services and benefits within the City of Madera to the citizens of the city. Such services and benefits shall be specifically enumerated in this declaration.

(14) Such other information as the Director of Finance for the City of Madera deems appropriate.

(B) All applications must be signed by a duly appointed bona fide officer, or other authorized individual, of the organization seeking the permit.

(C) In any calendar year in which there are fewer applicants than available permits, first priority shall be given to those organizations that meet all of the qualifications outlined in Section 3-13B.04. Any remaining permits shall be given on a first come first served basis to applicants regardless of whether or not the remaining applicants qualify under subsections (A)(1) and (2) of Section 3-13B.04. In the event such applicants apply for a permit, the applicants would not be required to furnish the information required under Sections 3-13B.05(A)(2) and (13)(a).

(Ord. 887 C.S., passed 6-1-11)

Only one fireworks stand may be operated per permit at the location identified on the permit, and only one permit per 2,000 residents of the City of Madera shall be approved based on the city's population as of March 1 of the same calendar year in which permits are issued.

(Ord. 887 C.S., passed 6-1-11)

In the event the number of accepted applications that have complied with all of the application requirements of Section 3-13B.05 exceeds the number of permits available for that calendar year, all of such applications shall be randomly assigned a number and the Community Development Director will, on or before third Friday in June, select such numbers randomly by lot to establish a priority list. First priority shall be given to those organizations that qualify under all of the provisions of Section 3-13B.04. An attempt to notify all applicants of their assigned number and the number of available permits will be made as soon as practicable after the establishment of the priority list. Permits will then be issued in the order established by the priority list. In the event a permit is denied to or revoked from an applicant on the priority list, the opportunity to secure such permit shall be provided to the next applicant on the priority list without a permit, provided such applicant is ready, willing and able to successfully fulfill all of the conditions of the permit.

(Ord. 887 C.S., passed 6-1-11)

The final decision to issue or revoke permits shall rest with the Community Development Director. In cases such as civil unrest, severe drought conditions, or any other such situation deemed to be harmful to or having the possibility of creating an extreme hazard to persons and/or property, the Community Development Director shall be the final authority in granting and/or revoking permits for fireworks sales. The right to refuse permits to applicants who have violated any of the provisions of this chapter in previous years shall also rest with the Community Development Director.

(Ord. 887 C.S., passed 6-1-11)

(A) A permit issued under this chapter shall be valid only during the period from 12 noon on June 28 through 12 noon on July 5 of the same calendar year for which the permit is issued. The permit shall be nontransferable and only valid as to the original applicant.

(B) Permits will only be valid and of full force and effect when delivered to the applicant by the Fire Department after the final inspection of the fireworks stand demonstrates full compliance with all of the provisions of this chapter.

(Ord. 887 C.S., passed 6-1-11)

Sale of fireworks is permitted in buildings classified as an approved temporary sales building. Storage of fireworks is permitted in buildings classified as explosives warehouses, approved temporary storage buildings or approved containers. Storage of fireworks is prohibited in all other buildings, including all dwellings, attached garages, educational facilities, assembly occupancies, institutional or social care facilities. Sales and storage of fireworks will be permitted subject to the following requirements.

(A) Site plan. The applicant shall provide a scaled drawing of the site. The site plan shall include locations of the temporary sales building or container and all adjacent property lines, buildings, structures, streets, sidewalks or other public right of way. The site plan shall indicate the address of the site, quantity (in pounds) of fireworks to be stored, distance in feet to any adjacent streets or property lines, distance in feet to the nearest buildings, and distance in feet to the nearest location where flammable liquids are stored or used. The site plan shall show that no parking is allowed within 25 feet of the fireworks storage building or container, and show how the no parking area will be secured against traffic.

(B) Sales and storage sites shall be at least 30 feet from inhabited buildings.

(C) Sales and storage sites shall be at least 100 feet from locations where flammable liquids are used, stored or dispensed.

(D) Sales and storage sites shall be at least 25 feet from property lines.

(E) "No Smoking" signs shall be posted on all sides of any storage building or container at a storage site. Smoking is prohibited within 25 feet of any storage building or container at a storage site.

(F) A permit shall not be issued for a fireworks sales or storage site if, during a field inspection of the site, it is determined not to be in compliance with any of the distance requirements as set forth in this section.

(G) A minimum of one 2-A rated water type fire extinguisher and one 2A 10BC dry chemical type fire extinguisher with a valid and current State Fire Marshal service tag attached, must be located at each sales or storage site.

(H) The use of enclosed trucks or trailers for the storage of fireworks may be permitted upon inspection and approval by the Fire Department. "Dangerous" placards in compliance with Department of Transportation specifications must be placed on all four sides of any truck or trailer used for storing fireworks.

(I) Sleeping inside or within 50 feet of any fireworks booth or fireworks storage container, building or site is prohibited, including sleeping in trailers, campers or other vehicles.

(J) The address of any storage site located outside of the city limits must be provided with written approval of the fire authority having jurisdiction at the storage site, prior to issuance of a retail sales permit within the city.

(Ord. 887 C.S., passed 6-1-11)

(A) Fireworks stands may only be operated on the dates and at the hours specified in this section.

June 28 12:00 Noon - 11:00 PM

June 29 7:00 AM - 11:00 PM

June 30 7:00 AM - 11:00 PM

July 1 7:00 AM - 11:00 PM

July 2 7:00 AM - 11:00 PM

July 3 7:00 AM - 11:00 PM

July 4 7:00 AM - 10:00 PM

July 5 7:00 AM - 12:00 Noon

(B) All fireworks stands shall be dismantled no later than 5:00 p.m., on July 11 of each year.

(Ord. 887 C.S., passed 6-1-11)

(A) It shall be unlawful to sell fireworks to any person under 16 years of age.

(B) It shall be unlawful for any organization that has obtained a permit to sell fireworks, to allow another organization, or any person who is not affiliated with or volunteering for the permitted organization, to sell fireworks or otherwise participate in the operation of a fireworks stand.

(C) No person under 18 years of age shall be permitted in a fireworks stand at any time.

(D) Each organization which receives a permit to sell fireworks shall have at least two of its members attend an operator safety seminar conducted by the fireworks manufacturer or distributor through whom the organization purchases fireworks.

(Ord. 887 C.S., passed 6-1-11)

The Fire Chief or the designee thereof, shall seize, take, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks offered for sale, stored, or held in violation of any provision of this chapter.

(Ord. 887 C.S., passed 6-1-11)

Any violation of this chapter or other city laws, or the terms and conditions of a permit issued pursuant to this chapter, or state laws or administrative regulations, or safety rules of the Fire Department shall be grounds for the immediate revocation of the permit. All officers, agents and employees of the eligible organization shall be responsible for compliance with all the provisions of this chapter.

(Ord. 887 C.S., passed 6-1-11)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor.

(Ord. 887 C.S., passed 6-1-11)