Needles Municipal Code Art. 9 III Fireworks (CA)

9-23 Definitions 9-24 Sale, Use, Discharge, Etc., Prohibited Generally 9-25 Exception -- Safe And Sane Fireworks 9-26 Safe And Sane Fireworks -- Permits Required 9-27 Safe And Sane Fireworks -- Application 9-28 Safe And Sane Fireworks -- Denial Of Application 9-29 Safe And Sane Fireworks -- Prerequisite For Issuance Of Permit 9-30 Safe And Sane Fireworks -- Operation Of Fireworks Stand 9-31 Safe And Sane Fireworks -- Temporary Fireworks Stand 9-32 Safe And Sane Fireworks -- General Requirements For Permittees 9-33 Safe And Sane Fireworks -- Revocation Of Permit; Appeal 9-34 Safe And Sane Fireworks -- Limitation On Places And Hours Of Discharge 9-35 Safe And Sane Fireworks -- Supervision Of Minors 9-36 Safe And Sane Fireworks -- Wholesale Storage 9-37 Seizure Of Fireworks 9-38 Administrative Fines And Penalties 9-39 Additional Remedies 9-40 Exceptions To Prohibitions

Ordinance 616-AC

9-23 Definitions

The following words and phrases, as used in this Article, are defined as follows:

“Dangerous Fireworks” shall meaning defined in Health and Safety Code Sections 12505 and 12561 and the relevant sections of Title 19, Code of Regulations, subchapter 6, which are hereby incorporated by reference.
“Fireworks” means blank cartridges, toy pistols, toy cannons, toy guns or toy canes in which explosives are used; balloons propelled by combustion; firecrackers; torpedoes; sons o’ guns; sky rockets; roman candles; pinwheels; daygo bombs; or other similar pyrotechnics or devices which consist of or contain any combustible or explosive composition, substance or combination of substances used, prepared, assembled, or combined for the purpose of providing or producing a visible or audible effect by combustion, explosion, deflagration or detonation.
“Fireworks Stand” means any building, counter, or other structure of a temporary nature used in the sale, offering for sale, or display for sale of “Safe and Sane Fireworks”.
“Fireworks Wholesaler” means any person, other than an importer, exporter or manufacturer, who purchases Fireworks from a manufacturer, importer or exporter for resale to a retailer or any other person for resale – or – any person who sells Fireworks to other wholesalers or retailers for resale.
“Public Display of Fireworks” shall mean an entertainment feature where the public is admitted or permitted to view the display or discharge of Fireworks, including but not limited to, those defined above.
“Qualified Applicants” shall mean any group or organization which has met all of the following criteria for a continuous period of not less than one full year preceding submittal of an application for a permit to sell required by this Article and which continues to meet the criteria for the duration of any permit to sell issued by the City of Needles pursuant to this Article: 1. The organization shall be a nonprofit organization pursuant to the Internal Revenue Code or California Revenue and Taxation Code; or a group which is an integral part of a recognized national organization having such tax-exempt status; or an organization affiliated with and officially recognized by an elementary, junior high and/or high school and/or school district that serves, in whole or in part, the residents of Needles; or public and/or private community college, college and/or university which is located within the boundaries of the City of Needles. Only one application per school will be allowed. If an organization is affiliated with a recognized educational institution as defined in this Section, but maintains a separate tax-exempt status with the Internal Revenue Service or the California Franchise Tax Board, said nonprofit organization shall be allowed a separate application; 2. The organization shall be organized primarily for veterans, patriotic, welfare, civic betterment, athletic, education, youth development or charitable purposes; 3. The organization must have its principal and permanent meeting place within the City; 4. The organization must be on which provides direct and regular community services and benefits to the residents of the City; 5. Has a minimum bona fide membership of at least ten (10) members who either reside in the City, are employed in the City, or are owners or operators of a business or other establishment located in the City; 6. Has not been found by any court of competent jurisdiction or City administrative hearing officer to be in violation of any civil or criminal local, state or federal law relating to Fireworks within twenty-four calendar months prior to the organization’s submittal of an application for a permit to sell; 7. Has not had a permit to sell revoked within twenty-four months prior to the organization’s submittal of an application for a permit to sell.
“Safe and Sane Fireworks” (a.k.a. “state-approved Fireworks”) shall mean “Safe and Sane Fireworks” as set forth in Health and Safety Code sections 12529 and 12562 and the relevant sections of Title 19, Code of Regulations, subchapter 6, which are hereby incorporated by reference.

9-24 Sale, Use, Discharge, Etc., Prohibited Generally

Except as otherwise specifically provided in this Article, no person shall sell, offer for sale, give away, possess, use or discharge any Fireworks in the City.

9-25 Exception -- Safe And Sane Fireworks

It shall not be unlawful to possess, use, or discharge, within the City, those Fireworks that are defined and classified as “Safe and Sane Fireworks” (a.k.a. “state-approved Fireworks”) in the California State Fireworks Law (sections 12500, et seq., of the Health and Safety Code and the relevant sections of Title 19, Code of Regulations, subchapter 6). It shall not be unlawful to sell or display within the City, those Fireworks that are defined and classified as “safe and Sane Fireworks” during the time period beginning at 12 noon six (6) days before and ending at 12 noon two (2) days after the following holidays each year: New Year’s Eve (December 31), Memorial Day, Independence Day (July 4) and Labor Day (“Enumerated Holidays”). *All Fireworks possessed, sold, used, displayed, or discharged within the City must bear the official “Safe and Sane” registered seal and be listed on the annual California Department of Forestry & Fire Protection state approved list of Safe and Sane Fireworks.

*As set forth in California Health & Safety Code section 12599, Safe and Sane Fireworks may only be sold in the City in connection with the Independence Day holiday (July 4). The sale of Safe and Sane Fireworks in the City in connection with an Enumerated Holiday other than Independence Day may only be authorized if consistent with California law which may be amended from time to time.

9-26 Safe And Sane Fireworks -- Permits Required

It shall be unlawful for any person to sell “Safe and Sane Fireworks” within the City without having first applied for and received a permit, therefore.

9-27 Safe And Sane Fireworks -- Application

No nonprofit organization shall submit more than one (1) application for a permit to sell “Safe and Sane Fireworks” within the City. If more than one (1) application is submitted on behalf of any nonprofit organization, including an affiliated organization, all such requests shall be voidable at the discretion of the City Manager. If a question arises as to whether organizations and/or groups are affiliated, the City Council shall have ultimate authority to decide said question. Any attempt to transfer an application shall void any and all applications filed by or on behalf of both the transferor/nonprofit organization and the transferee/nonprofit organization.
1. All applications for permits to sell “Safe and Sane Fireworks” shall be in writing to the City Clerk on forms supplied by the City. Applications may be filed beginning March 1 of each year up to and including March 31 of the same year, at which time the filing period for that year will be closed. For the year 2019, applications may be filed beginning June 1, 2019, up to and including June 10, 2019.
Applications shall be accompanied by an assurance that, if the permit is issued to the applicant, the applicant shall, at the time of receipt of such permit, deliver to the City a certificate evidencing an occurrence-based policy of insurance naming the “City of Needles” as an additional insured thereunder,

with the following minimum limits: $1,000,000 public liability and property damage; and general aggregate coverage of “2,000,000. No policy will be acceptable which contains a provision allowing a deductible amount. 3. Applicants for such permits shall be notified by April 7th of each calendar year by the City Manager of the approval or disapproval of such applications for such permit. Drawing for such permits will occur on or before April 15th of each year. All organizations whose applications have been selected shall have up to and including May 15th of that year to submit all information required by section 9-33 of this Article. For the year 2019, the above dates shall be June 12, June 17, and June 21, respectively. 4. Every application for a permit shall be accompanied by a $50.00 non-refundable application fee. This application fee shall be in addition to any fee or tax imposed by this Article. 5. The application shall be made in duplicate. The original of the application shall be retained by the City Clerk and one copy shall be transmitted to the City Manager. 6. If the deadline for submitting any type of application, payment of any administrative fine, filing of a notice of appeal, etc. called for within this Article falls on a day City Hall is closed, the deadline shall automatically be extended to the close of business of the next day City Hall is open.

9-28 Safe And Sane Fireworks -- Denial Of Application

The City Manager shall issue a permit to a Qualified Applicant to sell “Safe and Sane Fireworks” unless: 1. The City Manager finds, in writing, that the applicant has failed to provide sufficient plans, information or other data necessary to permit a determination respecting compliance with the requirements of this Article; 2. The City Manager finds, in writing, that the applicant is not in compliance with any of the requirements of this Article; 3. The City Manager finds, in writing, that the applicant falls within the provisions of subdivision (c) of section 9-37 of this Article; or 4. The City Manager determines that the number of Qualified Applicants exceeds the number of permissible permits under subdivision (a) of section 9-33. The City Manager must advise, in writing, all Qualified Applicants of this determination no later than April 7th as well as advise them of the procedures that the City of Needles must follow, the alternatives available (i.e. joint venture), the category in which the group has been tentatively placed and the date of the drawing before the City Council. For the year 2019, the above date shall be June 12.
1. Any denial of a permit pursuant to this section may be appealed pursuant to the procedures set forth in Chapter 2A of the Needles Municipal Code.

9-29 Safe And Sane Fireworks -- Prerequisite For Issuance Of Permit

Permits issued pursuant to this section are valid only during the calendar year issued. 1. On a form provided by the City, set forth the proposed location of the Fireworks stand; the name, address and telephone number of one or more responsible adults who will be in charge of and responsible for the Fireworks stand during the period Fireworks are sold, displayed or stored at such location; and written permission from the owner of record and/or lessor and/or management company of the property upon which said Fireworks stand is proposed to be located;
1. A copy of the requisite retail sales permit issued by the Office of the California State Fire Marshal;
2. Evidence of a temporary sales tax permit from the California State Board of Equalization;
3. Payment of the permit/license fee at the amount established by Ordinance 616-AC;

Throughout the term of a permit issued pursuant to this Article, each permittee shall pay for and maintain in full force and effect policies of insurance in a form and amount and with coverage types required by the City. The policies of insurance shall name the City, its officers, officials, agents, and employees as additional insureds.
1. The continued validity of any City permit issued pursuant to this Article shall be subject to the requirement that at least one or more representatives of each nonprofit organization, including the responsible adults listed in subdivision (c) of this section, shall attend a “Safe and Sane Fireworks” stand operator safety seminar conducted by the fire department and the licensed Fireworks wholesaler that is supplying the “Safe and Sane Fireworks” to the nonprofit organization. The failure of a nonprofit organization to have a responsible individual(s) attend the safety seminar shall result in the revocation of its permit to sell “Safe and Sane Fireworks.”

9-30 Safe And Sane Fireworks -- Operation Of Fireworks Stand

No person shall knowingly sell Fireworks to any person under the age of eighteen (18). Proof that the Fireworks stand operator/organization demanded, was show, and acted in reliance upon bona fide evidence of age and identity in any sale of Safe and Sane Fireworks allowed by this Article shall be a defense for any proceedings for suspension or revocation of its “Safe and Sane Fireworks” permit or any criminal proceedings for violations of this Article. For purposes of this section, bona fide evidence of age and identity of purchaser is a document issued by a federal, state, county or municipal government which contains a photograph of the purchaser including, but not limited to, a valid California Driver’s License or Identification Card issued to a member of the Armed Forces.
1. The sale of “Safe and Sane Fireworks” shall begin no earlier than 12 noon and shall not continue after 12 noon during the time period beginning six (6) days before and ending two (2) days after the Enumerated Holidays.
2. No person other than the individuals who are members of the permittee and/or joint venture nonprofit organization(s) or the spouses, parents or adult children of such members shall sell or otherwise participate in the sale of “Safe and Sane Fireworks” at such stand.
3. No person under the age of eighteen (18) shall sell or participate in the sale of “Safe and Sane Fireworks” within such stand.
4. No person shall be paid any consideration by the permittee nonprofit organization(s) or any wholesaler/distributor of “Safe and Sane Fireworks” for selling or otherwise participating in the sale of “Safe and Sane Fireworks” at such stand; provided, however, that compensation may be paid for licensed security personnel during sale or non-sale hours and to the party authorizing the location of the stand on its property. The City Manager may revoke the Fireworks storage permit and/or local business license of any Fireworks wholesaler/distributor violating the terms of this section as set forth in section 9-37.

9-31 Safe And Sane Fireworks -- Temporary Fireworks Stand

All retail sales of “Safe and Sane Fireworks” shall be permitted from within a temporary Fireworks stand, and the retail sales from any other building or structure is hereby prohibited. Temporary stands shall be subject to NFPA 1124 Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, 2017 Edition.

9-32 Safe And Sane Fireworks -- General Requirements For Permittees

All unsold stock of Fireworks in the hands of the permittee after 10:00 pm two (2) days after the Enumerated Holidays shall be returned to the wholesaler/distributor and removed from the City within ten (10) days. On closing of the “Safe and Sane Fireworks” stand, all litter shall be removed from the premises.
1. Each “Safe and Sane Fireworks” stand must post its City permit to sell “Safe and Sane Fireworks,” its temporary sales tax permit from the California State Board of Equalization, its State Fire Marshal Retail Sales Permit and proof of their required insurance in a prominent place inside the “Safe and Sane Fireworks” stand.

9-33 Safe And Sane Fireworks -- Revocation Of Permit; Appeal

The Fire Chief or the Fire Chief’s designee, may revoke, immediately and without notice or hearing, the permit of any permittee who violates any of the following provisions of this Article. If the revocation occurs, the Fire Chief shall inform the permittee that the permittee may seek review of the Fire Chief’s decision by the City Manager, or the City Manager’s designee, on the next business day. At the earlies opportunity on the next business day after the revocation, the Fire Chief shall provide the City Manager with written notice that a Fireworks permit has been revoked, including the name of the permittee and a brief statement of the grounds for revocation. The City Manager, or the City Manager’s designee, shall meet with the permittee and the Fire Chief on that day, upon the permittee’s request, to review the Fire Chief’s decision. The decision of the City Manager shall be final. If the revocation occurs before or after the specified period, the appeal procedures of subdivision (b) shall apply.
The Fire Chief, or the Fire Chief’s designee, may revoke the permit of any permittee who violates any provision of this Article. Such revocation shall not take effect for five (5) days, during which time the permittee may seek review of the Fire Chief’s decision by submitting a written request for review to the City Manager. The Fire Chief shall provide the City Manager with written notice that a Fireworks permit has been revoked, including the name of the permittee and a brief statement of the grounds for revocation. The City Manager, or the City Manager’s designee, shall meet with the Fire Chief to review the Fire Chief’s decision. The decision of the City Manager shall be final.
Any permittee whose permit has been revoked, pursuant to subdivision (a) or (b) hereof shall be barred from receiving a permit under this Article for up to three (3) years from the date of revocation.

9-34 Safe And Sane Fireworks -- Limitation On Places And Hours Of Discharge

It shall be unlawful to discharge an “Safe and Sane Fireworks” except during the hours of 9:00 am to 11:00 pm. For purposes of the New Year’s Eve holiday, this period shall be extended to 1:00 a.m. on January 1.
1. It shall be unlawful for any person to ignite, discharge, project or otherwise fire or use, any “Safe and Sane Fireworks”, or permit the ignition, discharge, or projection thereof, upon or over or onto, the property or another without his/her consent or to ignite, discharge, project or otherwise fire or make use of any “Safe and Sane Fireworks” within ten (10) feet of any residence, dwelling or other structure used as a place of habitation by human beings. However, the City, after recommendation from the City Manager and the Fire Chief, may designate, from time to time, a safe zone or area in the City at which “Safe and Sane Fireworks” may be ignited, discharged, projected or otherwise fired or used.

9-35 Safe And Sane Fireworks -- Supervision Of Minors

It shall be unlawful for any person having the care, custody, or control of a minor (under 18-years-old) to permit such minor to discharge, explode, fire, or set off any “Dangerous Fireworks,” at any time, or to permit such minor to discharge or set off any “Safe and Sane Fireworks” unless such minor does so under the direct

supervision of a person over 18-years-of-age and during the hours and on the days permitted by this Article.

9-36 Safe And Sane Fireworks -- Wholesale Storage

Wholesale storage of “Safe and Sane Fireworks” by Fireworks wholesalers licensed by the Office of the California State Fire Marshal shall be subject to NFPA 1124 Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, 2017 Edition and can be stored year-round in the City by a Fireworks wholesaler licensed by the Office of the California State Fire Marshal so long as said Fireworks wholesaler has not been found to be in violation of the terms of this Article.

9-37 Seizure Of Fireworks

The Fire Chief, or the Fire Chief’s designee, may seize, take, remove or cause to be removed, at the expense of the permittee or licensed Fireworks wholesaler, whichever is applicable, all stock of Fireworks offered or exposed for sale, stored, or held in violation of this Article when such violation creates an imminent threat to public health or safety.

9-38 Administrative Fines And Penalties

Any violation of this Article by any person responsible for committing, causing, or maintaining such violation shall constitute an infraction violation and the violator shall be subject to the provisions set forth in Chapter 2A of the Needles Municipal Code, including, but not limited to, the imposition of any and all criminal penalties set forth therein.
1. At least 50% of the fines collected pursuant to this Article must be placed in a segregated fund entitled “Needles Illegal Fireworks Enforcement Fund.” The sole and exclusive purpose of this fund is to pay for increased fire and police deployment, protection and investigation of and against illegal Fireworks in the City.
2. Each person who violates any provision of this code as it relates to the possession, use, storage, sale and/or display of “Dangerous Fireworks” shall be subject to the imposition and payment of an administrative fine or fines as provided below:
Number of Offense in 1 Amount of Administrative Late Charge Total Amount of Penalty plus year period Penalty Late Charge

First $1,000 $150 $1,150

Second $2,000 $250 $2,250

Third $3,000 $500 $3,500
1. Each person who uses “Safe and Sane Fireworks” at times and/or locations other than those permitted by this ordinance shall be subject to the imposition and payment of an administrative fine or fines as provided below:
Number of Offense in 1 Amount of Administrative Late Charge Total Amount of Penalty year period Penalty plus Late Charge

First $250 $50 $300

Second $500 $100 $600

Third $750 $200 $950
In the case of a violation of any of the provisions listed above, the administrative fine(s) shall be due and payable within 30 calendar days from the issuance of the administrative fine citation, and the citee shall be required to abate the violation, and surrender all “Dangerous Fireworks” to the Fire Chief, immediately. For penalties not paid in full within that time, a late charge in the amount set forth above is hereby imposed and must be paid to the City by the citee. Fines not paid within the time established by this ordinance shall accrue interest at the prevailing established rate. On the second and each subsequent time that a person is issued a citation for the same violation in any 12-month period, the fine is increased as indicated above and the citee shall be liable for the amount of the new fine until it is paid, in addition to being responsible for payment of the previous fines.
1. All administrative fines and any late charges and interest due shall be paid to the City at such a location or address as stated on the citation, or as may otherwise be designated by the City Manager. Payment of any fine or fines shall not excuse the citee from complying with the provisions of the code so violated. The issuance of the citation and/or payment of any fine shall not bar the City from employing any other enforcement action or remedy to obtain compliance with the provisions of the code so violated including the issuance of additional citations and/or criminal prosecution.

9-39 Additional Remedies

Any violation of this Article by the holder of Fireworks permits issued pursuant to this Article shall constitute grounds for modification, suspension and/or revocation of said permits.
Any organization whose Fireworks permits are revoked shall not be eligible for issuance of Fireworks permits the following year.
Nothing in this Article shall preclude the City from pursuing other remedies provided by the City of Needles Municipal Code or other laws, including, but not limited to, issuance of work orders and injunctive relief.

9-40 Exceptions To Prohibitions

This Article does not prohibit Public Displays of Fireworks by the City or county, or by fair associations, amusement parks or organizations or groups of individuals upon compliance with the provisions of this Article and such rules and regulations governing Public Displays of Fireworks as from time to time adopted by the California State Fire Marshal.

This Article does not prohibit any resident manufacturer, wholesaler, dealer or jobber from selling at wholesale such Fireworks as are not prohibited in this Article, or the sale of Fireworks for direct shipment out of the city or state; or the use of torpedoes, flares or fuses by railroad or other transportation agencies for signal purposes or illumination; or the sale of blank cartridges for theatrical or ceremonial purposes, athletic or sports events or military ceremonials or demonstrations.

CHAPTER 9.33 SOCIAL HOST ACCOUNTABILITY