Maywood Municipal Code Art. 2 Fireworks

Footnotes:

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Editor's note— Sections 4-2.201 through 4-2.210, codified from Ordinance No. 359, as amended by Ordinance No. 404, repealed by Section 1, Ordinance No. 77-153, effective August 11, 1977. Section 4-2.201, as added by said Ordinance No. 77-153, repealed by implication by Ordinance No. 78-167, effective June 8, 1978.

For the purposes of this article, "dangerous fireworks" and "safe and sane fireworks," shall, respectively, have the same meanings given to them in Part 2 of Division 11 of the Health and Safety Code of the State of California (Sections 12500 through 12801).

(§ 1, Ord. 78-167, eff. June 8, 1978, as amended by § 1, Ord. 93-402, eff. June 8, 1993, and § 1, Ord. 99-460, eff. November 25, 1999)

(a) Required. It is unlawful for any person, whether acting as a principal, agent, or otherwise, to do any of the following within the City without first securing a written permit so to do from the Council:

(1) Manufacture, possess, or sell any dangerous fireworks;

(2) Sell any safe and sane fireworks as a retailer;

(3) Discharge any dangerous fireworks at any place; or

(4) Make a public display of fireworks.

(b) Eligibility for permits. Permits authorizing the sale of safe and sane fireworks in the City may be issued to nonprofit associations or corporations organized primarily for veteran, youth, patriotic, welfare, civic betterment or charitable purposes. Each such organization shall have a bona fide membership of at least ten (10) members. Each such organization shall have its principal and permanent meeting place in the City or in a surrounding City.

(c) The Chief Administrative Officer or designee may require reasonable evidence from any applicant in order to confirm its eligibility under the criteria set forth in subsection (b) hereof.

(§ 1, Ord. 78-167, eff. June 8, 1978, as amended by § 1, Ord. 93-402, eff. June 8, 1993, § 1, Ord. 99-460, eff. November 25, 1999, and § 1 (A), Ord. 06-520, eff. March 28, 2006)

(a) Applications for permits to sell fireworks:

(1) Shall clearly identify the name and address of the applicant, shall state information establishing it is eligible for a permit pursuant to Section 4-2.202(b) and shall set forth such other information as the Chief Administrative Officer may request for his investigation;

(2) Shall be in writing, addressed to the Council, and be filed with the Chief Administrative Officer, accompanied by an application fee in such amount as is duly established by the City Council. Whether or not the permit is granted, such fee shall be retained by the City to cover its costs of investigation;

(3) Shall be made between the first day of April and the last day of April of each year unless the City Council determines the applicant had good cause for failing to timely file;

(4) Shall set forth the proposed location of the fireworks stand applied for;

(5) Shall be accompanied by an assurance that, if the permit is issued to the applicant, the applicant will, at the time of receipt of such permit, obtain insurance and provide the Chief Administrative Officer with a certificate issued to the applicant showing insurance coverage in effect during the time covered by the permit in an amount not less than One Million and No/100ths ($1,000,000.00) Dollars, naming the City, and its officers and employees as an additional insured, and prohibiting cancellation without not less than ten (10) days advance notice to the City. The form of certificate shall be subject to approval by the City Attorney;

(6) Shall be accompanied by an assurance that, if the permit is issued to the applicant, the applicant will, prior to issuance of such permit, furnish a copy of its' retail fireworks license issued by the State Fire Marshall; and

(7) Shall be accompanied by a signed statement, signed by the property owner, affirming that the applicant has the owner's permission to establish the stand, and that the total rent for the stand for the year does not exceed One Thousand and No/100ths ($1,000.00) Dollars.

(b) The number of approved applicants shall be limited to ten (10). If the City receives and approves more than ten (10) applications, the City Clerk shall randomly select ten (10) permits from the pool of City Council approved applicants on the next business day following the City Council's decision at a time and place designated by the City Clerk during City business hours. Applicants for such permits shall be notified by the City Clerk of the granting or rejection of their applications not later than the second Wednesday of June of each calendar year.

(c) In order to provide the greatest community benefit for the citizens of Maywood, and to prohibit an undue proliferation of fireworks stands, the Council may consider, but shall not be limited to, the following criteria in considering whether to grant or deny permits:

(1) The amount of prior community activity of the applicant;

(2) The length of community service to the applicant;

(3) Whether the applicant has previously had a stand(s) in the City and if so, how often and how many;

(4) The applicant's record for safety and compliance with legal requirements in previous years in Maywood and other cities;

(5) The manner in which funds have been used by the applicant for prior community services;

(6) The size of the annual budget of the applicant used in community services; and

(7) The number of applicants given the limit of ten (10) permits permissible.

(§ 1, Ord. 78-167, eff. June 8, 1978, as amended by § 1, Ord. 93-402, eff. June 8, 1993, § 1, Ord. 99-460, eff. November 25, 1999, and § 1 (B), Ord. 06-520, eff. March 28, 2006)

It shall be the duty of the Fire Chief and of the Chief Administrative Officer to each make an investigation and submit a report of his respective findings and recommendations for or against the issuance of the permit, together with his reasons therefor, to the Council.

(§ 1, Ord. 78-167, eff. June 8, 1978, as amended by § 1, Ord. 93-402, eff. June 8, 1993, and § 1, Ord. 99-460, eff. November 25, 1999)

(a) The City Council shall, after noticed public hearing, determine the appropriate fees for processing applications for fireworks stands and for issuance of permits for the operation of fireworks stands in the City of Maywood. Application fees shall be in a set amount. Permit fees may be based upon a percentage of gross sales, if the City Council finds, in fee setting hearings, that the costs of regulating fireworks stands is dependent upon gross sales.

(b) Permit fees shall be tendered to the City no later than August 1st of the permit year.

(c) Organizations selling fireworks shall be required to obtain a temporary sales tax permit from the State Board of Equalization.

(d) State licenses and City permits to sell fireworks, and the temporary sales tax permit, shall be displayed in a prominent place in the fireworks stand.

(§ 1, Ord. 93-402, eff. June 8, 1993, as amended by § 1, Ord. 99-40, eff. November 25, 1999, and § 1 (C), Ord. 06-520, eff. March 28, 2006)

Upon the receipt of the report and recommendations of the Fire Chief or his authorized representative, the Council shall consider such application, the findings, recommendations, and reasons of the Fire Chief or his authorized representative, as the case may be, and any further testimony or evidence which may be submitted to the Council by the applicant or any interested person. After such consideration, the Council may grant or deny the application, subject to such reasonable conditions, if any, as the Council shall prescribe.

(§ 1, Ord. 78-167, eff. June 8, 1978, as renumbered by § 1, Ord. 93-402, eff. June 8, 1993)

In the event any application is granted for the retail sale of safe and sane fireworks, such permit shall contain as one of the conditions thereof that such safe and sane fireworks may not be sold or offered for sale except during the period between midnight of the 8th day immediately preceding the 4th day of July of any year and midnight of the 4th day of July of the same year, unless the 4th day of July falls on a Sunday, in which event the period shall extend until midnight of the 5th day of July of the same year.

(§ 1, Ord. 78-167, eff. June 8, 1978, as renumbered by § 1, Ord. 93-402, eff. June 8, 1993)

No person shall be granted a permit for more than one (1) location. Organizations with multiple branches or subsidiaries or affiliates shall be treated as one (1) organization for purposes of this section.

(§ 1, Ord. 78-167, eff. June 8, 1978, as renumbered by § 1, Ord. 93-402, eff. June 8, 1993, § 1 (D), Ord. 06-520, eff. March 28, 2006)

It shall be unlawful for any person to fire, ignite, or discharge any safe and sane fireworks except during the period between midnight of the 8th day immediately preceding the 4th day of July of any year and midnight of the 4th day of July of the same year, unless the 4th day of July falls on a Sunday, in which event the period shall extend until midnight of the 5th day of July of the same year.

(§ 1, Ord. 78-167, eff. June 8, 1978, as renumbered by § 1, Ord. 93-402, eff. June 8, 1993)

It shall be unlawful for any person to ignite, explode, project, or otherwise fire or use, or permit the ignition, explosion, or projection of, any fireworks upon, over, or onto the property of another, or to ignite, explode, project or otherwise fire or make use of any fireworks within ten (10′) feet of any residence, dwelling or other structure.

(§ 1, Ord. 93-402, eff. June 8, 1993)

(a) Fireworks stands may be located only in the commercial or manufacturing zones of the City. All locations shall be approved by the Fire Department.

(b) All dry grass, weeds, and combustible materials shall be cleared from the location of the stand, including a distance of at least twenty (20′) feet surrounding the stand.

(c) "No Smoking" signs in letters of not less than four (4″) inches in height shall be prominently displayed on both the inside and outside of the fireworks stand. There shall be no smoking permitted within ten (10′) feet of the fireworks stand. Unless otherwise specifically approved by the Building and Planning Department, the fireworks stand shall be set back not less than ten (10′) feet from the sidewalk and not less than fifteen (15′) feet from the curb.

(d) Each stand shall have at all times, an adult in attendance and in charge thereof when the stand is being used for the sale, dispensing, or storage of fireworks. Storage shall be as directed by the Fire Chief. Sleeping or remaining in the stand after the close of business each day shall be prohibited.

(e) All unsold stock and accompanying litter shall be removed from the location by 12:00 noon on July 6th.

(f) The fireworks stand shall be removed from the temporary location by July 18, and all accompanying litter shall be cleared from such location by such time and date.

(Ord. § 1, Ord. 93-402, eff. June 8, 1993, as amended by § 1, Ord. 99-460, eff. November 25, 1999)

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

(a) No fireworks stand shall be located within twenty-five (25′) feet of any other building nor within 100 feet of any gasoline storage facility or tank or gasoline pump. No fireworks stand shall be located within 100 feet of any other fireworks stand. Stands shall be located so as to prevent vehicle parking within ten (10′) feet of the perimeter of the stand.

(b) Fireworks stands need not comply with the provisions of the Building Code of the City; provided, however, all stands shall be erected under the supervision of the Building Official who shall require that stands be constructed in a manner which will reasonably insure the safety of attendants and patrons.

(c) No stand shall have a floor area in excess of 260 square feet.

(d) Each stand in excess of twenty-four (24′) feet in length shall have at least two (2) exits.

(e) Each stand shall be provided with a two and one-half (2 ½) gallon water pressure type fire extinguisher by each required exit, maintained in good working order and easily accessible for use in case of fire. However, the Fire Chief may accept alternate means of fire protection provided such devices are in good working order and easily accessible for use in case of fire.

(f) Stands shall have exits at least thirty (30″) inches in width, and all exit doors shall open outward from the stand.

(g) Stands shall be of wood or metal construction, built with a solid roof, rear wall, and ends. The front shall be of solid wood or metal, three (3′) feet, six (6″) inches in height from the ground level to the display shelf. The display shelf shall have a panel of unbreakable or wire mesh glass, or one-quarter (¼″) inch mesh screen wires a minimum of eighteen (18″) inches in height between the public and the display of fireworks.

(h) Temporary building permits, electrical permits, and fire permits shall be required, and shall be done by a licensed contractor.

(Ord. § 1, Ord. 93-402, eff. June 8, 1993, as amended by § 1, Ord. 99-460, eff. November 25, 1999)

(a) No person other than the permittee organization shall operate the stand for which the permit is issued or share or participate in the profits of such stand.

(b) No person, other than the individuals who are the members of the permittee organization, or the wives or husbands or adult children of such members, shall sell or otherwise participate in the sale of fireworks at such stand. No person under eighteen (18) years of age may occupy the interior of the stand, and no person, other than the members actually engaged in selling the fireworks, shall occupy the interior of the stand.

(c) No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at any such stand.

(d) No sale shall be made to any person under sixteen (16) years of age.

(e) All counters, aisles, cases and storage places shall be kept clear of all papers and combustible trash, which shall be removed daily or more often as required.

(f) Fireworks shall be stored in stands only and shall not be stored in any other location during the legal sale period. No supplies or other materials shall be stored in front of exit doors. Storage shall be as directed by the Fire Chief.

(g) It shall be unlawful for anyone to light or cause to be lighted, any fireworks or other combustible materials within any such stand or within fifteen (15′) feet of the stand.

(Ord. § 1, Ord. 93-402, eff. June 8, 1993, as amended by § 1, Ord. 99-460, eff. November 25, 1999)

(a) The prohibitions and regulations imposed by the provisions of this article shall be in addition to the prohibitions and regulations relating to fireworks as set forth in Part 2 of Division 11 of the Health and Safety Code of the State.

(b) 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, dangerous fireworks in the amount of twenty-five (25) pounds or less. Any person(s) found in possession of dangerous fireworks may have the items confiscated by any law enforcement officer or fire department employee. Such confiscation shall be immediately reported to the City and will be transported to the nearest fire department within a reasonable amount of time for proper disposal.

(c) Violation of 4-2.214(b) is subject to an administrative citation in the amount of One Thousand and no/100ths ($1,000.00) Dollars for the first violation and each additional violation within the same year pursuant to procedures set forth Section 6-4.30 of the Maywood Municipal Code. Such administrative remedy may be exercised in place of, or in addition to, any administrative, criminal, civil, or equitable remedy allowed by law. Administrative fines collected pursuant this section related to dangerous fireworks shall not be subject to 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 the costs associated with the disposal of seized dangerous fireworks.

(Ord. No. 20-04-U, § 1, 6-10-2020)

Editor's note— Ord. No. 20-04-U, § 1, adopted June 10, 2020, repealed the former § 4-2.214, and enacted a new § 4-2.214 as set out herein. The former § 4-2.214 pertained to provisions in addition to Health and Safety Code regulations and derived from Ord. 78-167, § 1, effective June 8, 1978; and Ord. 93-402, § 1, effective June 8, 1993.

It shall be unlawful for any person to violate any of the written terms or conditions of any permit issued pursuant to the provisions of this article.

(§ 1, Ord. 78-167, eff. June 8, 1978, as renumbered by § 1, Ord. 93-402, eff. June 8, 1993)

(a) Not later than August 1st following the sale of fireworks, the applicant shall submit a completed post-sale receipts and expenditures report to the Chief Administrative Officer, which report shall state the net proceeds of the sale. Any applicant who does not file such report in a timely manner shall not be eligible to apply for a fireworks permit the following calendar year.

(b) Any applicant who failed to timely file a post-sale receipts and expenditures report may appeal the denial of eligibility for a fireworks permit for the following year by filing a written request asking the City Council to reinstate eligibility. Reinstatement requests shall be filed with the City Clerk within thirty (30) days after the date the report was due.

(c) After a hearing on the request, the City Council may reinstate the eligibility of an applicant only if it finds that the applicant's failure to timely file was because of the applicant's unavoidable mistake or excusable neglect, and the applicant pays a reinstatement fee in the sum of Five Hundred and No/100ths ($500.00) Dollars within ten (10) calendar days of the granting of the reinstatement.

(§ 1 (F), Ord. 06-520, eff. March 28, 2006)

(a) The parent of any child and the guardian of any ward shall not authorize or knowingly permit any child or ward to violate any of the provisions of this chapter or of the California Health and Safety Code dealing with fireworks.

(b) Violation of this section by a parent or guardian shall constitute an infraction and shall be punishable in accordance with the provisions of the Municipal Code.

(§ 1 (A), Ord. 06-526, eff. May 30, 2006)

* Section 4-2.216, as added by Ordinance No. 06-526, effective May 30, 2006, renumbered to Section 4-2.217 by codifier because Section 4-2.216 is in use.