Montebello Municipal Code Ch. 8.20 Fireworks

The following words and phrases, as used in this chapter, shall be defined as follows:

"Dangerous fireworks" shall be defined as set forth in Section 12505 of the Health and Safety Code of the state of California.

"Fireworks" shall be defined as set forth in Section 12511 of the Health and Safety Code of the state of California.

"Fireworks stands" means temporary structures to be used exclusively for the sale of safe and sane fireworks, operated by qualified organizations having a permit issued pursuant to this chapter.

"Organization" means any nonprofit organization, corporation, or association, organized primarily for veteran, patriotic, welfare, civic betterment, religious or charitable purposes, which has its principal and permanent meeting place, office, or place of worship within the city, and shall have been organized and established in the city for a minimum period of one year continuously, preceding the filing of an application for permit under this chapter.

"Permit" means a validly issued permit allowing a qualified organization to conduct the sale, to the members of the general public, of safe and sane fireworks.

"Safe and sane fireworks" shall be defined as set forth in Section 12529 of the Health and Safety Code of the state of California.

(Ord. 2292 § 1 (part), 2006)

No person shall sell or offer to sell any safe and sane fireworks, without first obtaining a permit from the city, in the manner hereinafter set forth in this chapter. It is unlawful for any person to store any fireworks or to offer for sale, display for sale, or sell at retail any fireworks within the city without a valid permit.

(Ord. 2292 § 1 (part), 2006)

Applications for permits shall be accepted only from qualified organizations, as defined in Section 8.20.010 of this chapter, and shall be in writing, upon the form prescribed by the license collector of the city. The application shall be submitted to the license collector between May 1st—15th of any calendar year. The application shall contain the following information:

A. The exact location of the stand, as proposed, together with the written permission of the owner of the property, if the property is not owned by the applicant;

B. The name and location of the principal place of business of the organization and the principals thereof; and

C. Such other information as may be required by the license collector.

(Ord. 2292 § 1 (part), 2006)

Applicants issued a citation for violations of this chapter or any fireworks-related code provision in the previous five years shall not be eligible to apply or receive a fireworks sales permit. Unless a citation is contested it is presumed to be valid for purposes of this section and triggers the five-year ban from eligibility. If a citation is contested and found to be valid, the finding triggers the five-year ban from eligibility.

(Ord. 2292 § 1 (part), 2006)

Each application shall be accompanied by a fee, in the form of a cashier's check or cash, in the amount established by separate resolution of the city council which amount may be adjusted by further resolution of the city council. Not more than twenty permits for fireworks stands shall be issued at any one time, nor shall more than one such permits be issued to any one organization.

(Ord. 2292 § 1 (part), 2006)

Prior to the issuance of any fireworks stand permit, the applicant shall file with the license collector evidence of the following type of insurance:

The amount of the insurance shall be one million dollars which amount may be adjusted by resolution of the city council.

1. Public liability insurance, combined single limit, bodily injury property damage, each occurrence;

2. Premises/operation liability;

3. Contractual liability; and

4. Products liability, including completed operations liability.

Such policy or policies shall name the city of Montebello, its officers and employees as additional insured.

(Ord. 2292 § 1 (part), 2006)

All applications for fireworks stands and public fireworks displays shall be subject to an on-site inspection to determine compliance with the Montebello Municipal Code as prescribed herein. All applications shall be referred to the city manager for approval, conditional approval or denial. The city manager shall deny any fireworks stand permit if it is found that the public safety is, or would be, jeopardized by the issuance thereof.

(Ord. 2292 § 1 (part), 2006)

Any application filed after the first day of May of any calendar year shall be processed for inspection by the city to determine compliance with the Montebello Municipal Code. After the initial inspection, the application shall be referred to the city council for approval, conditional approval or denial, unless approved by the city manager.

(Ord. 2292 § 1 (part), 2006)

A. Any person aggrieved by any decision, determination or action taken by the city manager in connection with a permit, shall have the right to immediate appeal, within ten consecutive calendar days after the service of a written notice of the city's action. Such appeal shall be in writing, briefly stating therein the basis for such appeal, and shall be filed with the city clerk. Upon receipt of an appeal, the city clerk shall notify the city manager, and shall immediately set the matter on the city council agenda for its next regularly scheduled meeting. The city clerk shall give the party appealing, and any other party requesting same, at least five consecutive calendar days' written notice of the time and place of such meeting.

B. The applicant or appellant shall have the burden of proof to show that the action of the city manager was unreasonable, arbitrary, and capricious or in excess of his or her authority. At the time of hearing, the applicant shall have the right to present any relevant written or oral evidence.

C. The city council shall consider such evidence together with appropriate staff reports and other information deemed by it to be relevant, and shall determine whether the decision appealed from was justified. The determination of the city council shall be final and conclusive.

(Ord. 2292 § 1 (part), 2006)

It is unlawful for any person or group to operate a fireworks stand without complying with all of the following:

A. 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 the stand.

B. Fireworks may only be sold at approved stands.

C. No person other than the individuals who are adult members of the permittee organization shall participate in the operation of the stand. If the permittee organization members are physically incapable of carrying on sales activities, such activities may be performed by volunteers approved by the fire chief.

D. All persons engaged in the selling of fireworks shall be eighteen years or older.

E. No fireworks shall be sold to any person under the age of eighteen years.

F. No person shall be paid any compensation for selling or otherwise participating in the sale of fireworks at such stands, except the hiring of a night watchman.

G. No person shall be allowed in the interior of the stands, except those directly employed in the sales of fireworks or those conducting bona fide business within.

H. All stands shall be erected according to the provisions of all applicable city codes and laws, except that all such stands shall be erected under the supervision of the building inspector, who shall require that the stand be constructed out of metal or synthetic materials of demonstrated low flammability in a manner which will reasonably insure the safety of the attendants and patrons thereof and shall be approved by the fire marshall. All stands will be inspected by the fire department and/or the building department and shall be approved before any sales transactions may occur.

I. No stand shall have a floor area in excess of two hundred fifty square feet.

J. Each stand shall have at least two usable exits. Each stand in excess of forty square feet in length shall have at least three usable exits. In no case shall the distance between the exits exceed twenty feet.

K. Fireworks stands shall be provided with two fire extinguishers of a type and size approved by the fire chief.

L. All weeds and combustible materials shall be cleared from the location of the stand, including a distance of at least twenty-five feet surrounding the stand.

M. "NO SMOKING" signs shall be prominently displayed on the exterior of each fireworks stand.

N. Each stand shall have an adult in charge thereof, at all times when the stand is open for the sale of fireworks.

O. Fireworks shall not be sold prior to ten a.m. on the first day of July, and such sales shall cease at eight p.m. on the fourth day of July each calendar year. The starting date may be changed only at the discretion of the fire chief who shall be permitted to authorize sales commencing not earlier than ten a.m. on June 28th.

P. Unless the fire chief permits sales on June 28th pursuant to this section, the sale of fireworks shall only be allowed between the hours of ten a.m. and ten p.m. on July 1st, 2nd, and 3rd, and ten a.m. and eight p.m. on July 4th.

Q. All unsold stock and accompanying litter shall be removed from the stand and from the city limits by twelve noon on the fifth day of July of each calendar year.

R. Each fireworks stand shall be removed from its temporary location not later than twelve noon on the eleventh day of July of each calendar year, and all accompanying litter shall be cleared from the location by the time and date.

S. To ensure compliance with subsections Q and R of this section, prior to the issuance of any permit, the applicant shall deposit a cashier's check, or cash, with the license collector in an amount established by resolution of the city council, which amount may be further adjusted by resolution of the city council. Such deposit shall be refunded upon such compliance.

T. Each fireworks stand shall provide temporary sanitary facilities or obtain permission to use either private or public facilities during the days and hours that fireworks sales are permitted. Proof of sanitation facilities shall be documented in written form.

U. The use of portable signs is prohibited either on-site or off-site.

(Ord. 2292 § 1 (part), 2006)

Prior to the installation of any stand for which a permit has been requested, the chief of police and/or the fire marshall shall have the authority to disapprove the location if, in his/her opinion, a traffic or fire hazard will be created. Further, the city planner shall have the authority to disapprove if the location is in conflict with any zoning provision of the city's code.

The following location restrictions shall also apply:

A. No stand shall be located within twenty-five feet of any building or within one hundred feet of any gasoline service station, or other use which involves the use or storage of any flammable liquid or material.

B. Fireworks stands shall be located not less than five hundred feet apart. This distance requirement may be waived if the stands are located on opposite sides of major arterial highways.

(Ord. 2292 § 1 (part), 2006)

No person shall light or cause to be lighted, or permit to be lighted, any fireworks or other combustible material, nor shall any person smoke within such stand or other places of sale or within twenty-five feet thereof.

(Ord. 2292 § 1 (part), 2006)

No person shall sell, offer to sell, or have in his or her possession, any dangerous fireworks within the city.

(Ord. 2292 § 1 (part), 2006)

"Fireworks" as the word is defined in the State Fireworks Law shall only be discharged within the city boundaries between twelve noon and ten p.m. on July 4th. The provisions of this section shall not prevent the use of "safe and sane fireworks," as defined in such law during the hours specified by this section.

(Ord. 2292 § 1 (part), 2006)

No person shall discharge any firework permitted in this chapter within ten feet of any building, structure or place of habitation.

(Ord. 2292 § 1 (part), 2006)

The discharge of "safe and sane" fireworks shall be conducted in the presence of a responsible adult (minimum age eighteen). Possession of any fireworks by anyone under the age of eighteen shall be a violation of this code. The transfer or sale of fireworks from unlicensed or nonauthorized vendors is strictly prohibited.

(Ord. 2292 § 1 (part), 2006)

A. Anyone found in possession or to be discharging fireworks deemed dangerous as defined in Section 12505 of the California Health and Safety Code shall be in violation of this code.

B. Anyone found in possession or discharging altered "safe and sane" fireworks, as defined in Section 12529 of the California Health and Safety Code, in a manner contrary to their intended use within the city shall be in violation of this code.

C. Any fireworks in violation of subsection A or B of this section shall be confiscated and properly disposed of by the fire department. The fire department is authorized to recover costs associated with the disposal of the confiscated contraband by any legal means.

(Ord. 2292 § 1 (part), 2006)

In addition to other penalties that may be imposed by the city pursuant to Chapter 1.12 of this code, violations of this chapter shall also be subject to administrative fines pursuant to Chapter 1.14 of this code.

(Ord. 2292 § 1 (part), 2006)