Mendota Municipal Code Ch. 8.12 Fireworks

"Safe and sane fireworks" as defined in Section 12529 of the Health and Safety Code of the state of California may be sold and discharged within the city during the period beginning at twelve noon on June 28th through twelve noon on July 6th, each year, pursuant to the provisions of this chapter and not otherwise. Safe and sane fireworks may only be discharged beginning at 12:01 a.m. on July 4th until 12:01 a.m. July 5th each year.

(Ord. 94-19 § 6 (part), 1994: prior code § 7.08.001)

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

(Ord. 94-19 § 6 (part), 1994: prior code § 7.08.002)

All applications for a permit to sell fireworks shall:

A. Be made in writing on the appropriate permit application forms to be provided by the city;

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

C. Set forth the proposed location of the fireworks stand applied for. The stand must be on private property located in industrial, manufacturing, commercial, or non-profit organizations in residential zones with an existing conditional use permit, and the written permission of the owner of record or lessee must accompany the application. The approval of the State Fire Marshall must accompany the application;

D. Be accompanied by an assurance that if the permit is issued to the applicant, the applicant shall, at the time of the receipt of said permit, deliver to the city manager's office of the city one hundred thousand dollars/three hundred thousand dollars ($100,000.00/$300,000.00) public liability and fifty thousand dollars ($50,000.00) property damage insurance certificate designating the city as the additional insured thereunder;

E. Include a statement that the applicant agrees to comply strictly with the terms of any permit granted to it and furnish additional information upon request of the city manager. (Amended during 1995 codification; Ord. 94-19 § 6 (part), 1994: prior code § 7.08.003)

(Ord. No. 13-01, § 1, 2-26-2013)

The city council shall select the organizations or groups to receive permits for the sale of fireworks based on past practices of the city in issuing fireworks sales permit to such organizations. The council shall endeavor to issue permits to those organizations which previously held city sales permits except where the permittee failed to comply with any of the provisions of this chapter.

(Ord. 94-19 § 6 (part), 1994: prior code § 7.08.004)

The following qualifications must be met by each applicant for a permit issued under this chapter:

A. No permit 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 maintain a bona fide membership of at least twenty-five (25) members, and must have been organized and established for a minimum of one year continuously preceding the filing of the application for the license;

C. No organization may receive more than one permit for sale during any one calendar year.

(Ord. 94-19 § 6 (part), 1994: prior code § 7.08.005)

The maximum number of permits which may be issued during any one calendar year shall not exceed two permits for each five thousand (5,000) residents, or fraction thereof, based on the latest official census or census estimate of the state or federal government.

(Ord. 94-19 § 6 (part), 1994: prior code § 7.08.006)

A. All weeds and combustible material shall be cleared from the location of the stand including a distance of at least twenty (20) feet surrounding the stand.

B. "No Smoking" signs shall be placed on prominent display on the fireworks stand.

C. Each stand must have an adult in attendance and in charge thereof while fireworks are stored therein. Sleeping or remaining in stand after close of the business day is forbidden.

D. Sale of fireworks shall not begin before twelve noon on the twenty-eighty day of June and shall not continue after twelve noon on the sixth day of July.

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

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

G. Prior to the issuance of a permit, each applicant shall file with the city treasurer a cash deposit, a certificate of deposit or a surety bond made payable to the city in the amount of fifty dollars ($50.00) to assure compliance with the provisions of this chapter. Such deposit or certificate shall be made refundable upon compliance with the provisions and requirements of this chapter, including, but not limited to, the removal of the stand and cleaning of the site. In the event that the permittee does not comply or remove the stand or clean the site, in the manner required by the city building inspector, the city may do so, or cause the same to be done by another person, and the reasonable cost thereof shall be charged against the permittee and his surety and the deposit, certificate or bond.

(Ord. 94-19 § 6 (part), 1994: prior code § 7.08.009)

Organizations permitted 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. 94-19 § 6 (part), 1994: prior code § 7.08.010)

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

(Ord. 94-19 § 6 (part), 1994: prior code § 7.08.011)

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

A. No fireworks stand shall be located within twenty (20) feet of any other building nor within one hundred (100) feet of any gasoline pump;

B. Fireworks stands need not comply with the provisions of the building code of said city; provided, however, that all stands shall be erected so as to meet the approval of the city building inspector, who shall require that the stands be constructed in a manner that will insure the safety of attendants and patrons;

C. No stand shall have a floor area in excess of three hundred (300) square feet;

D. Each stand in excess of twenty-four (24) feet in length must 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 case shall the distance between exits exceed twenty-four feet;

E. Each permittee shall provide for the fire protection of their stand.

(Ord. 94-19 § 6 (part), 1994: prior code § 7.08.008)

(Ord. No. 13-01, § 2, 2-26-2013)

A. No person other than the permitted 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.

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

(Ord. 94-19 § 6 (part), 1994: prior code § 7.08.007)

Fireworks to be sold at a temporary fireworks stand pursuant to this chapter must be stored in an off-site location whenever the stand is not in operation, nor supervised by personnel present at the location. The facility storing the fireworks must not be located within twenty (20) feet of another building or structure.

(Ord. No. 13-01, § 3, 2-26-2013)

A. It shall be unlawful for any person to possess or use illegal or dangerous fireworks in the city as defined by the State Fireworks Law, Section 12500 et seq. of the California Health and Safety Code, and such other fireworks as may be determined to be dangerous by the state fire marshal.

B. Upon identification of possession or use of illegal or dangerous fireworks, city code enforcement officers and any law enforcement or fire agency designated by the city's police chief may issue an administrative citation of one thousand dollars ($1,000.00) per occurrence to all responsible person(s).

C. For the purposes of this section, responsible person(s) includes:

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

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

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

D. There is no requirement that the city provide advance notice to the responsible person(s) prior to issuing an administrative citation under this section. Responsible person(s) shall be deemed to know the law as is the common standard for Municipal 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.

(Ord. No. 20-13, § 2, 7-14-2020)