Napa County Municipal Code Ch. 8.28 Fireworks

"Fireworks" means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen in the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful for pyrotechnic devices or for entertainment. The term 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, fireworks kits, and like items.

"Person" means any person or persons, firm, company, corporation, partnership, organization, or association, however denominated.

(Ord. 1163 § 4 (part), 1999)

No person shall manufacture, store, or sell fireworks in the unincorporated area of the county of Napa.

(Ord. 1163 § 4 (part), 1999)

No person shall discharge or otherwise display fireworks except in accordance with a permit issued pursuant to this chapter.

(Ord. 1163 § 4 (part), 1999)

Except as otherwise provided in this code, no fireworks shall be discharged or displayed except when the discharge or display is open to the public. For this purpose, "open to the public" means that the public may be present at the site of the discharge or display, either with or without a charge to be present, and not merely that the public may see or hear the discharge or display from off site.

(Ord. 1163 § 4 (part), 1999)

Fireworks shall only be discharged or displayed during the following hours and on the following days:

A. Fireworks shall only be discharged or displayed after dusk, but not later than eleven p.m., except that New Year's Day fireworks may be discharged until not later than one a.m. of the following day.

B. Fireworks shall only be discharged or displayed on, or during the six hours immediately preceding the beginning of, the following days:

1. New Year's Day.

2. July 4.

3. Any day appointed by the President of the United States for a one-time celebration of a holiday, fast or thanksgiving.

4. Any day on which an event which is of benefit to a significant segment of the community occurs, provided the discharge or display occurs in connection with the event and the public may be present at the event, either with or without an admission charge.

(Ord. 1163 § 4 (part), 1999)

(Ord. No. 1399, § 10, 3-24-2015)

Any person who wants to discharge or display fireworks shall submit a completed application to the county fire chief no later than sixty calendar days prior to the discharge or display on a form prescribed by the chief. No application submitted after sixty calendar days prior to the discharge or display shall be processed or approved.

(Ord. 1163 § 4 (part), 1999)

A. An application to discharge or display fireworks shall include the following information:

1. The name, address, telephone number, and FAX number, if any, of the applicant.

2. The name and address of the sponsoring organization, if different from the applicant, and the name of the event, if any.

3. The name, address, and telephone number of the pyrotechnician who will present the discharge, together with a copy of a current pyrotechnics license issued by the state of California.

4. The site of the discharge, including a street address and site plan.

5. The date, time and duration of the discharge.

6. The type of discharge, including number and size.

7. Proof of insurance, including general liability and workers compensation insurance.

8. The names and addresses of owners of property within three hundred feet of the boundaries of the site of the discharge as determined by the latest equalized assessment roll, together with mailing labels for use in notifying such persons of the discharge and a sufficient number of envelopes with first class postage to send such notices.

9. Such other information as the fire chief may require.

B. An application to discharge or display fireworks shall be accompanied by the fee required to process the application and monitor the discharge. No application submitted without the fee shall be accepted or processed.

(Ord. 1163 § 4 (part), 1999)

Any person who proposes to discharge or display fireworks pursuant to this chapter shall possess current policies of insurance as follows:

A. General liability insurance in an amount not less than one million dollars which insures the general public against damage to property and injury and/or death to persons as a result of the discharge or display and which names the county and the California Department of Forestry, and each and all of their officers, agents, and employees, as additional insureds.

B. Workers compensation insurance as required by state law.

(Ord. 1163 § 4 (part), 1999)

No person shall discharge or display fireworks who does not possess a current pyrotechnic license issued by the state of California.

(Ord. 1163 § 4 (part), 1999)

A. The fire chief shall, within fifteen calendar days after receiving a completed timely application, approve or disapprove the application.

B. If the fire chief approves the application, the fire chief shall, no later than forty days prior to the proposed discharge, give written notice by mail of the date, time and site of the proposed discharge to the applicant and to owners of property within three hundred feet of the boundaries of the site of the discharge, together with the date, time, and place of the hearing at which the board of supervisors will hear and consider objections to the discharge, if any.

C. If the fire chief disapproves the application, the fire chief shall, no later than forty days prior to the proposed discharge, give written notice by mail to the applicant.

D. The fire chief may also give notice of the fireworks by whatever means he determines to be appropriate to local law enforcement and fire safety agencies.

(Ord. 1163 § 4 (part), 1999)

A. Any interested person may object to the decision of the fire chief to approve or disapprove an application to discharge or display fireworks. For this purpose, "interested person" means the applicant and owners of property within three hundred feet of the boundary of the site where the discharge will occur.

B. Objections shall be filed in writing with the fire chief no less than thirty days prior to the discharge. If no timely objection is filed, the decision of the fire chief shall be final.

C. On receipt of a timely objection, the fire chief shall schedule a hearing on the objection before the board of supervisors and give notice as follows:

1. If the applicant objects, the fire chief shall give notice as provided in Section 8.28.100(B).

2. If any other interested person objects, the fire chief shall give the applicant and the objector notice of the hearing by mail.

D. Decisions by the board of supervisors on objections heard by the board shall be final.

(Ord. 1163 § 4 (part), 1999)