McFarland Municipal Code Ch. 8.08 Fireworks

Footnotes:

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Editor's note— Ord. No. 0005-2021, § 5, adopted June 10, 2021, added §§ 8.08.010 and 8.08.020 and renumbered the former §§ 8.08.010—8.08.130 as §§ 8.08.030—8.08.150.

The term "dangerous fireworks," as used in this chapter, shall be the same as set forth in the Health and Safety Code, Section 12505.

(Ord. No. 0005-2021, § 5, 6-10-21)

It is unlawful for any person or entity in the city to sell, offer for sale, give away, discharge or have in his or her or its possession or custody any dangerous fireworks, as defined in Section 8.08.010.

(Ord. No. 0005-2021, § 5, 6-10-21)

Safe and sane fireworks, as defined by Section 12529 of the Health and Safety Code of the state may be sold and discharged within the city during the period beginning at twelve noon on the first day of July and ending on noon on the fifth day of July each year, pursuant to the provisions of this chapter and not otherwise.

(Ord. 226 §1(part), 1989: Ord. 139 §1, 1975)

(Ord. No. 0005-2021, § 5, 6-10-21)

Except as provided in this chapter, no person shall offer for sale or sell at retail any fireworks of any kind in the city without having first applied for and received a license therefor.

(Ord. 139 §2, 1975)

(Ord. No. 0005-2021, § 5, 6-10-21)

All applications for a license to sell fireworks shall:

A. Be made in writing on the appropriate license application form provided by the city;

B. Be made concurrently with application for permit to sell safe and sane fireworks issued by the fire department as required by the Uniform Fire Code of the city;

C. Be made between the first day of April and the fifteenth day of May, except when the fifteenth falls on a Saturday or Sunday the next business day shall be determined to be the fifteenth;

D. Set forth the proposed size and location of the fireworks stand applied for. The application shall clearly show that all applicable requirements of Section 8.08.070 are complied with. The stand must be located on private property in any commercial, industrial or manufacturing zone and the written permission of the owner of record or the lessee must accompany the application;

E. Be accompanied by a three hundred thousand/five hundred thousand dollar public liability and a five hundred thousand dollar property damage insurance policy and products' liability insurance in the amount of five hundred thousand dollars designating the city and county, their officers and employees as additional insureds thereunder;

F. Include a statement that the applicant agrees to comply strictly with the terms of any permit granted to it and furnish any additional information upon request of the city clerk.

(Ord. 226 §1(part), 1989: Ord. 139 §3, 1975)

(Ord. No. 0005-2021, § 5, 6-10-21)

The following qualifications must be met by each applicant for a license:

A. No license shall be issued to any person, firm or corporation except nonprofit associations or corporations organized primarily for civic betterment or youth activities.

B. Each organization must have its principal and permanent meeting place in the corporate limits of the city, must maintain a bona fide membership of at least fifteen members, and must have been organized and established within the city's corporate limits for a minimum of one year preceding the filing of the application.

C. No organization may receive more than one license for fireworks sale during any one calendar year. One license may be issued to two or more qualifying applicants as a joint venture. The maximum number of licenses which may be issued pursuant to this chapter shall not exceed one license for each three thousand residents of the city, or fraction thereof, based on the latest official roster, state census estimate.

(Ord. 139 §4, 1975)

(Ord. No. 0005-2021, § 5, 6-10-21)

If the number of applications exceed the number of licenses to be issued, the licensees during the preceding year shall have first priority for the available licenses, provided that each licensee retains the same participating organizations which operated under the license during the preceding year. Each participating organization shall be deemed to be a co-licensee and joint venturer with the licensee claiming first priority and shall have the same duties and liabilities under the license. If there are any additional licenses available, such additional licenses shall be granted by a drawing supervised by the city clerk. When no organization applying for the available license has the first priority, all licenses shall be granted by drawing as specified above. Applicants for such licenses shall be notified by the city clerk's office by mail within seven working days after the close of the application period of the granting or rejection of such application for a license.

(Ord. 139 §5, 1975)

(Ord. No. 0005-2021, § 5, 6-10-21)

A. No person other than the licensee organization shall operate the stand for which the license is issued, or share or otherwise participate in the profile of the operation of such stand.

B. No person other than the individuals who are members of the 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.

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

(Ord. 139 §6, 1975)

(Ord. No. 0005-2021, § 5, 6-10-21)

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

A. No fireworks stands shall be located within thirty feet of any other building nor within one hundred feet of any gasoline pump or gasoline storage or repair garage.

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 city manager, or whoever he may direct to act on his behalf, who shall require that stands be constructed in a manner that will reasonably insure the safety of attendants and patrons.

C. No stand shall have a floor area in excess of three hundred square feet.

D. Each stand shall have at least two exits, and each stand in excess of forty feet in length must have at least three exits spaced approximately equidistant apart; provided, however, that in no event shall the distance between exits exceed twenty-four feet.

E. Each stand shall be provided with two 2A rated fire extinguishers, underwriter approved, properly serviced and tagged and easily accessible for use in case of fire.

(Ord. 226 §1(part), 1989: Ord. 139 §7, 1975; Ord. No. 002-2010, § 1, 2-11-10)

(Ord. No. 0005-2021, § 5, 6-10-21)

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

B. "No Smoking" signs shall be prominently displayed on the fireworks stand.

C. Each stand shall have an adult in attendance and in charge thereof while the fireworks are stored therein. No person under age eighteen shall be permitted in the stand. Sleeping or remaining in the stand after the close of business each day is forbidden.

D. The sale of fireworks shall not begin before twelve noon on the first day of July and shall not continue after twelve noon on the fifth of July.

E. All unsold fireworks and accompanying litter shall be removed from the location by five p.m. on the fifth day of July.

F. The fireworks stand shall be removed from the temporary location by twelve noon on the fifteenth day of July and all accompanying litter shall be cleared from the location by said time and date.

G. Prior to the issuance of a license, each applicant shall file with the city clerk a cash deposit or surety bond made payable to the city in the amount of fifty dollars to assure compliance with the provisions of this chapter, including but not limited to the removal of the stand and the cleaning of the site. In the event the licensee does not so comply or remove the stand, or clean the site in the manner required by the city manager, the city may do so, or cause the same to be done by other persons, and the reasonable cost thereof shall be a charge against the licensee and his surety and the deposit certificate or bond.

(Ord. 226 §1(part), 1989: Ord. 139 §8, 1975; Ord. No. 002-2010, § 1, 2-11-10)

(Ord. No. 0005-2021, § 5, 6-10-21)

The license tax for the selling of fireworks within the city shall be twenty-five dollars per year per stand, which fee must be paid at the time application for the stand is filed with the city clerk's office.

(Ord. 139 §9, 1975)

(Ord. No. 0005-2021, § 5, 6-10-21)

Organizations licensed for the selling of fireworks are required to obtain a temporary sales tax permit from the Regional Office of the State Board of Equalization.

(Ord. 139 §10, 1975)

(Ord. No. 0005-2021, § 5, 6-10-21)

Licenses to sell fireworks and temporary sales tax permits shall be displayed in a prominent place in the fireworks stand.

(Ord. 139 §11, 1975)

(Ord. No. 0005-2021, § 5, 6-10-21)

It shall be unlawful for any person to ignite, explode, project or otherwise fire or use any fireworks, or permit the ignition, explosion or projection thereof, upon or over or onto the property of another without his consent, or to ignite, explode, project or otherwise fire or use any fireworks within ten feet of any residential, dwelling or other structure used as a place of habitation by human beings.

(Ord. 139 §12, 1975)

(Ord. No. 0005-2021, § 5, 6-10-21)

A. The chief of police or his or her designee, upon determining a violation of Section 8.08.020, may issue an administrative citation, in accordance with Chapter 1.14 to the responsible party.

1. The city council may establish an administrative fine for violation of Section 8.08.020 by separate resolution.

B. Additionally, persons violating this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars or by imprisonment in the city or county jail for a period not to exceed thirty days, or by both such fine and imprisonment. Further, the license shall be revoked.

(Ord. 139 §13, 1975)

(Ord. No. 0005-2021, § 5, 6-10-21)