5.36 — FIREWORKS

It is the intent of this chapter to provide a procedure for the granting of permits for the possession, sale and discharge of safe and sane fireworks as classified by the State Fire Marshal, and not to permit the possession, sale or use of any fireworks classified as dangerous fireworks by the State Fireworks Law, or otherwise prohibited by this Code.

(Prior code § 5-11.1; Ord. 1500 § 1, 2000; Ord. 1527U § 1, 2002; Ord. 1526 § 1, 2002; Ord. 07-1597 § 1; Ord. 10-1630 § 1; Ord. 21-1722 § 2)

• A. The City Council may, in its discretion, grant a wholesale permit for the possession and wholesale distribution of safe and sane fireworks within the City to any person licensed by the State Fire Marshal as a manufacturer, importer, exporter, or wholesaler of safe and sane fireworks. Any such permit shall be upon the terms and conditions provided in this chapter, and shall contain the provisions set forth in this chapter.

• B. Such wholesale permit shall, unless revoked by the City Council, be automatically reissued from year to year; provided, however, that the permittee shall annually, on or before March 31st of each year, file an application therefor in the same form as an application for the original permit, and shall pay the application fee required by Section 5.36.100.

• (Prior code § 5-11.2; Ord. 1500 § 1, 2000; Ord. 1527U § 1, 2002; Ord. 1526 § 1, 2002; Ord. 21-1722 § 2)

Any application for a wholesale permit to engage in the possession and wholesale distribution of safe and sane fireworks in the City shall conform to the following requirements:

• A. It shall be in writing, verified and accompanied by a nonrefundable application fee and a refundable fireworks stand removal deposit in amounts to be established by resolution of the City Council;

• B. It shall be filed with the City Clerk on or before March 31st of the year in which such permit is to be effective;

• C. It shall be accompanied by a statement that, upon issuance of a permit, the applicant will deliver to the City a products liability, public liability and property damage insurance policy or bond in the amount of not less than two million dollars ($2,000,000.00). Such policy shall be with a corporate insurance company and in such form as shall be approved by the City Attorney, and shall name the City, its officers and employees as additional insureds;

• D. It shall contain such other information as may be required by the Director of Finance;

• E. It shall set forth the name, principal place of business and telephone number of the applicant, its State fireworks license number or numbers, the names and addresses of its principal partners, owners or officers, and the name, residence address and capacity of the person signing the application;

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City of Norwalk, CA

NORWALK CODE

§ 5.36.030

§ 5.36.060

• F. It shall contain a statement that fireworks will not be furnished, sold, distributed or placed in the possession of any person or organization in the City, or for sale, use or distribution in the City, unless such person or organization holds a valid and unrevoked permit from the City to so possess, sell, use or distribute such fireworks.

(Prior code § 5-11.3; Ord. 1500 § 1, 2000; Ord. 1509 § 1, 2000; Ord. 1527U § 1, 2002; Ord. 1526 § 1, 2002; Ord. 13-1640 § 1; Ord. 21-1722 § 2)

• A. Each fireworks wholesaler or distributor providing safe and sane fireworks to organizations or persons licensed under this chapter shall pay an annual regulatory fee to the City in an amount established by resolution of the City Council.

• B. The fee required by this section shall be payable within five days from the date that the Finance Director notifies applicants that their permit has been approved.

• C. No fireworks wholesaler or distributor may supply, offer for sale or sell fireworks, unless and until the fee imposed by this section has been paid to the City and a permit has been issued by the City.

• (Ord. 1527U § 1, 2002; Ord. 1526 § 1, 2002; Ord. 21-1722 § 2)

Every shipment or load of fireworks distributed to any retail permittee shall be accurately inventoried, and a copy of the inventory furnished to the retail permittee at the time of such distribution. No person shall furnish to any retail permittee any false or inaccurate inventory. A copy of each such inventory shall be filed with the City not later than July 31st of such year. (Prior code § 5-11.4; Ord. 1500 § 1, 2000; Ord. 1527U § 1, 2002; Ord. 1526 § 1, 2002; Ord. 21-1722 § 2)

The wholesale permittee shall furnish to the Community Development Director plans and specifications for temporary fireworks stands for the retail sale of fireworks distributed by him or her, and no sale, distribution or storage of fireworks shall be made except to and from or at a temporary fireworks stand. Such temporary stands shall be subject to the following requirements in each case:

• A. No fireworks stand shall be located within 100 feet of any dwelling or within 25 feet of any other building, or within 200 feet of any gasoline station or other place wherein substantial quantities of any inflammable liquid, gas or other substance are stored or kept;

• B. Fireworks stands shall not be subject to provisions of the Building Code of the City; provided, however, that all such stands shall be constructed in a manner which will reasonably insure the safety of attendants and patrons, and shall be approved as to their safety and compliance with this chapter by the Building and Fire Departments of the City;

• C. No stand shall have a floor area in excess of 500 square feet,

• D. Each stand in excess of 20 feet in width or length must have at least two exits, and each stand in excess of 40 feet in width or length must have at least three exits, spaced approximately equidistant; provided, however, that in no case shall the distance between

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City of Norwalk, CA

BUSINESS LICENSES AND REGULATIONS

§ 5.36.060

§ 5.36.090

exits exceed 24 feet;

• E. Each stand shall be provided with two, two and one-half gallon acid-and-soda fire extinguishers in good working order and easily accessible for use in case of fire;

• F. No stand shall be located within 600 feet of any other fireworks stand;

• G. All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least 20 feet surrounding the stand;

• H. NO SMOKING signs shall be prominently displayed at not less than two places on each fireworks stand;

• I. The stand shall not be delivered to the location earlier than five days prior to the date the sale of fireworks can commence pursuant to Section 5.36.070; delivery of the fireworks stand prior to this time will subject the holder of the wholesale permit to a penalty to be established from time to time by resolution of the City Council;

• J. The retail permittee shall remove from each fireworks stand and from the City all unsold fireworks not later than 12:00 noon on July 6th of each year;

• K. Every fireworks stand shall be removed from the City by twelve noon on July 11th of each year. Failure to remove the fireworks stand by this time will subject the holders of the wholesale permit to a penalty to be established from time to time by resolution of the City Council;

• L. A sign not less than six square feet nor more than 32 square feet in size listing the name of the retail permittee shall be prominently displayed on the stand.

• (Prior code § 5-11.5; Ord. 1500 § 1, 2000; Ord. 1527U § 1, 2002; Ord. 1526 § 1, 2002; Ord. 13-1640 § 1; Ord. 21-1722 § 2)

No fireworks shall be distributed within the City to any retail permittee or other person prior to June 29th and after July 4th.

Fireworks may be sold only on July 1st, 2nd, 3rd and 4th between the hours of 10:00 a.m. and 10:00 p.m.

(Prior code § 5-11.6; Ord. 1500 § 1, 2000; Ord. 1527U § 1, 2002; Ord. 1526 § 1, 2002; Ord. 07-1597 § 2, 3; Ord. 13-1640 § 1; Ord. 21-1722 § 2)

Every permit issued shall expire on December 31st of the year for which such permit is issued. (Prior code § 5-11.7; Ord. 1500 § 1, 2000; Ord. 1527U § 1, 2002; Ord. 1526 § 1, 2002; Ord. 21-1722 § 2)

Holders of permits for the retail sale and distribution of fireworks shall be permitted to purchase from only one wholesaler, licensed by the City, during each calendar year, and shall file written notice of the wholesaler selected with the Director prior to May 28th of the permit year; provided, however, that in the event the permit of a wholesaler is revoked, the retail permittees

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City of Norwalk, CA § 5.36.090

NORWALK CODE

§ 5.36.100

previously purchasing from such wholesale permittee in such year may make further purchases from a different wholesale permittee. Retail permittees may sell any leftover supply of permitted fireworks purchased by such retail permittee in the prior year from the same or any other thenlicensed wholesale permittee.

(Prior code § 5-11.8; Ord. 1500 § 1, 2000; Ord. 1509 § 2, 2000; Ord. 1527U § 1, 2002; Ord. 1526 § 1, 2002; Ord. 21-1722 § 2)

As a part of the application process, the City will organize an orientation meeting with representatives from interested applicant organizations no later than March 20th of the year for which a permit is issued. A retail permit may be issued for a fireworks stand to applicants whose representative attended the orientation meeting and in accordance with the following:

• A. Application for a retail permit shall be made by filing with the City Clerk a written application therefor in the form required in this section, not later than May 1st of the year for which a permit is sought;

• B. Every application for a permit shall be accompanied by an application fee established by resolution of the City Council, which shall not be refundable;

• C. Every application for a permit shall be upon a form furnished by the Director and shall contain such information as shall be required by this section or by the Director;

• D. Every application shall set forth:

  1. The name of the applicant and the name of each of the principal officers of the applicant, with the residence and business address and telephone number of each,

  2. The date of organization of the applicant,

  3. The length of its continual existence,

  4. Its nature, purposes and activities,

  5. Its intended use for any funds realized from the sale by such organization,

  6. A roster listing each member of the applicant organization,

  7. A statement whether or not the personnel who will be inside the stand at any time, whether as salesman or otherwise, will be adult members of the applicant organization or their immediate family members,

  8. The proposed location of the fireworks stand applied for, and whether or not the applicant has permission to locate a fireworks stand at such location,

  9. The name and address of the owner of the proposed location,

  10. A statement that the person signing the application has read and is familiar with the terms of this chapter regarding the nature of the permit granted, the location of fireworks stands, and the permitted times of storage and sale of fireworks at such locations,

  11. A statement that the applicant agrees to comply strictly with the terms of any retail

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City of Norwalk, CA

BUSINESS LICENSES AND REGULATIONS

§ 5.36.100

§ 5.36.130

permit granted to it, and to account to the City for transactions engaged in pursuant to the permit and for the use and distribution of the funds realized from the holding of such permit;

• E. Every application shall include a notice of determination from the Internal Revenue Service or the California Franchise Tax Board or other official documentation showing that the organization is qualified and in good standing as one of the nonprofit organizations eligible to receive a retail permit pursuant to Section 5.36.140(A);

• F. Organizations affiliated with a qualified organization shall also provide a copy of the authorization letter from the qualified organization as required by Section 5.36.140(A);

G. No application will be accepted unless all of the required information is provided. (Prior code § 5-11.9; amended during 1999 codification; Ord. 1500 § 1, 2000; Ord. 1509 § 3, 2000; Ord. 1527U § 1, 2002; Ord. 1526 § 1, 2002; Ord. 13-1640 § 1; Ord. 21-1722 § 2)

On or before October 1st of each calendar year, each organization selling fireworks during the same calendar year shall submit to the City Finance Office on a form specified by the City an accounting of all proceeds from the sale of fireworks including a copy of the sales and use tax return. Any organization which has received a permit for a fireworks stand and wishes in a subsequent year to apply for another permit shall submit along with their application, on a form specified by the City, an accounting of expenditures of funds showing that all of the net revenue earned from the sale of fireworks under the prior permit were spent for its intended use specified by the organization pursuant to Section 5.36.100(D)(5) of the Norwalk Municipal Code. The City will not send reminder notices of this requirement, and failure to submit the financial expenditure report on the City form by the final date for application will result in the automatic disqualification of the application from subsequent drawings until the financial expenditure report is submitted.

(Ord. 1527U § 1, 2002; Ord. 1526 § 1, 2002; Ord. 21-1722 § 2)

• A. Minimum Age for Sales People. Every fireworks stand shall be staffed entirely by members of the retail permittee organization or members of their immediate families, and no person below the age of 18 years shall at any time be, or be permitted, inside of any stand or assist or be permitted to assist in the handling or sale of fireworks. An adult over the age of 21 years must be on the premises and in charge of such stand at all times while fireworks are stored or for sale upon such premises.

• B. No Sales to Persons Under Eighteen. No sale shall be made of any fireworks whatsoever to any person under the age of 18 years unless accompanied by a responsible person 21 years of age or over. Violation of this prohibition shall be grounds for immediate revocation of any permit issued by this chapter, in addition to all other penalties for violation of this chapter.

(Prior code § 5-11.10; Ord. 1500 § 1, 2000; Ord. 1527U § 1, 2002; Ord. 1526 § 1, 2002; Ord. 21-1722 § 2)

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City of Norwalk, CA § 5.36.130

NORWALK CODE

§ 5.36.160

The permit must be prominently displayed in original or copy form upon the fireworks stand in such a manner that persons approaching the stand may see the same. (Prior code § 5-11.11; Ord. 1500 § 1, 2000; Ord. 1527U § 1, 2002; Ord. 1526 § 1, 2002; Ord. 21-1722 § 2)

• A. No person or organization shall receive or hold a retail permit except an organization which shall have been organized and established in the City for a minimum of five years continuously preceding the filing of the application for the permit and shall have a bona fide membership of at least 20 members, at least 50% of whom shall reside within the City, or maintain places of business or be employed in the City. No organization shall be eligible for a retail permit unless such organization is a nonprofit organization or corporation organized primarily for veterans, patriotic, social welfare, civic betterment, charitable or educational purposes and qualified under Sections 501(a), 501(c)(3), (4), (5), (6) (if the organization is a chamber of commerce), (7), (8), (10), (19) or (23) of the Internal Revenue Code, corresponding provision of theCalifornia Revenue and Taxation Code or is a public school. A PTA, booster club, or similar organizations (groups) affiliated with a qualified organization shall be eligible to receive a permit if the qualified organization provides a written statement that the group is affiliated with the qualified organization and is authorized by the qualified organization to obtain a retail permit.

• B. Every retail permittee shall furnish proof of commercial general liability insurance in an amount of not less than one million dollars ($1,000,000.00) to include products and complete operations. Such policy shall name the City, its officers and employees as additional insureds, and shall be in a form approved the City Attorney.

• C. No organization shall be eligible for a retail permit unless the organization's regular meeting location is within the City of Norwalk, or at Santa Fe High School, Santa Fe Springs or John Niemes Elementary School, Artesia, and the organization is composed of Norwalk students attending either school.

• D. No organization shall be eligible for a retail permit if it has received a permit in another City. For purposes of this requirement, a local branch, unit or affiliate of a larger organization shall be considered a separate organization.

(Prior code § 5-11.12; amended during 1999 codification; Ord. 1500 § 1, 2000; Ord. 1527U § 1, 2002; Ord. 1526 § 1, 2002; Ord. 21-1722 § 2)

No person or organization other than the holder of a retail permit shall operate a fireworks stand, or share or otherwise participate in the profits of the operation of such stand, unless expressly so authorized by such permit, and any agreement in violation of this provision shall be void and shall render any permit granted by this chapter void. Profits of any fireworks stand operation wherein a sharing or agreement to share in violation of this provision is made, shall be forfeited and be paid to the City as a penalty, upon demand therefor by the City.

(Prior code § 5-11.13; Ord. 1500 § 1, 2000; Ord. 1527U § 1, 2002; Ord. 1526 § 1, 2002; Ord. 21-1722 § 2)

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City of Norwalk, CA

BUSINESS LICENSES AND REGULATIONS

§ 5.36.160

§ 5.36.180

No person shall be paid any wages or other consideration for selling or for otherwise participating in the retail sale of fireworks at any fireworks stand. A guard shall be present at each fireworks stand at all times while any fireworks are stored upon the premises and such fireworks are not being actively sold. Every retail permittee shall comply with the fireworks stand requirements, as set forth in Section 5.36.060. The retail permittee shall distribute to each fireworks purchaser a copy of a brochure approved by the City explaining the use of safe and sane fireworks.

(Prior code § 5-11.14; Ord. 1500 § 1, 2000; Ord. 1527U § 1, 2002; Ord. 1526 § 1, 2002; Ord. 21-1722 § 2)

All litter shall be cleared from the premises wherein any fireworks stand is located by the retail permittee not later than noon on July 11th of each year. Any organization procuring a retail permit shall post a cash deposit, as established by resolution of the City Council, with the City to guarantee full compliance with this provision. The cash deposit shall be returned to the permittee on or after July 11th, upon a finding by the Community Development Department that all litter has been cleaned from the premises. In the event that litter has not been cleaned by that date, the Community Development Department shall clean up or cause to be cleaned up the premises, and shall charge the cost thereof to the cash deposit, and the balance unexpended shall be returned to the permittee.

(Prior code § 5-11.15; Ord. 1500 § 1, 2000; Ord. 1527U § 1, 2002; Ord. 1526 § 1, 2002; Ord. 13-1640 § 1; Ord. 21-1722 § 2)

• A. City Council to Grant Permits. Permits for retail sale or wholesale distribution in the City shall be granted only by the City Council. No permit shall be granted for retail sale excepting by vote of three-fifths of the entire City Council.

• B. Revocation in Case of Violation. Any permit issued shall be revocable at any time for violation of any condition of such permit or of this chapter, or of other ordinance or law of the City or State.

• C. Permit Qualifications. Organizations which fail to meet all City permit requirements, including timely submittal of financial statements and compliance with Federal, State and local laws and ordinances, shall not be eligible for a permit in the following year.

• D. Maximum Number of Permits. In the event the number of applications for retail fireworks permits exceeds 20, a random drawing shall be conducted, by the City Clerk, to determine which organizations will be issued a permit. In the event that any organization does not receive a permit as a result of this process, that organization shall automatically receive a permit in the following year, upon meeting all application and eligibility requirements, and the number of remaining permits awarded shall be reduced so that no more than 20 permits are issued.

• E. Limit on Number of Annual Permits. No organization shall receive more than one permit in a calendar year.

(Prior code § 5-11.16; Ord. 1500 § 1, 2000; Ord. 1527U § 1, 2002; Ord. 1526 § 1, 2002; Ord.

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City of Norwalk, CA

NORWALK CODE

§ 5.36.180

§ 5.36.190

13-1640 § 1; Ord. 21-1722 § 2)

• A. Time of Possession. No person, other than a permittee under this chapter, or person engaged in the activities allowed by any permit issued by the City for sale and distribution of fireworks, shall have in his or her possession any fireworks at any time other than between 10:00 a.m. on July 1st and 10:00 p.m. on July 4th of any year.

• B. Minors. No minor under the age of 18 years shall possess, fire, set off, discharge or use any fireworks of any nature or description regulated by this chapter, unless under the supervision of a person over the age of 21 years, physically present at such time and place.

• C. Adults to Supervise Minors. No person shall give, transfer, sell or distribute to, or permit the possession of any fireworks whatsoever by any minor under the age of 18 years, except for the purpose of then discharging, firing or using such fireworks under the immediate supervision of a person over the age of 21 years present at such time and place.

• D. Any fireworks in the possession of a minor under the age of 18 years at any time when that person is not under the direct supervision of a person over the age of 21 years then and there physically present may be confiscated by any law Enforcement Officer, Fire Department employee or any adult person. Such confiscation shall be immediately reported to the City and the fireworks confiscated shall be delivered to the Fire Department within one hour thereafter.

• E. No person shall possess, fire, set off, discharge or use any fireworks on any property owned or controlled by the City unless the City shall have issued a permit allowing such activity.

• F. No person may discharge fireworks on any day other than July 1st, 2nd, 3rd and 4th between the hours of 10:00 a.m. and 10:00 p.m. unless the City shall have issued a permit allowing such activity.

• G. Except as otherwise provided by law, or as part of a fireworks show permitted by the City under Section 5.36.190(E) of the Norwalk Municipal Code, it is unlawful for any person to sell, possess, keep, store, use, or discharge or permit another to sell, possess, keep, store, use or discharge, any dangerous fireworks not to exceed 25 pounds in the City. Any person(s) found in possession of dangerous fireworks may have the items confiscated by any law Enforcement Officer or Fire Department employee. Such confiscation shall be immediately reported to the City and will be transported to the nearest Fire Department within a reasonable amount of time for proper disposal.

• H. It is unlawful and a public nuisance for any responsible party having control of any premises to knowingly host, permit, or allow the use, discharge, possession, storage, or selling of dangerous fireworks whenever the responsible party having control of the premises either knows or reasonably should have known that the use, discharge, possession, storage or sale of dangerous fireworks occurred at the premises.

There is a rebuttable presumption that the record owner of a residential parcel, as shown on the County's latest equalized property taxes assessment rolls, and a lessee of a residential parcel has a notice of any violation existing on said premises. For purposes of this chapter, there may be more than one responsible party for a violation.

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City of Norwalk, CA

BUSINESS LICENSES AND REGULATIONS

§ 5.36.190

§ 5.36.200

• I. For the purposes of this chapter, the following definitions shall apply:

"Dangerous fireworks" shall be defined as every fireworks article or item which does not display or bear the "safe and sane" classification label of the California State Fire Marshal or that is defined by Section12505 of the California Health and Safety Code, or any successor provision thereto, as a "dangerous firework."

"Premises" means any residence or other private property, place, or premises, including, but not limited to, a home, yard or field, whether or not occupied as a dwelling and whether owned, leased, rented, or used with or without compensation; any commercial or business premises.

"Responsible party" includes, but is not limited to:

• a.

  • The person(s) who owns, rents, leases, or otherwise has possession of the premises;

• b.

  • The person(s) in immediate control of the premises; and

• c. The person(s) who organizes, supervises, sponsors, conducts, allows, controls, or controls access to the illegal discharge or illegal storage of fireworks.

If the premises is rented or leased, the landlord or lessor is not covered by this chapter unless they fall within the category of persons described under subsection (I)(3)(a), (b) or (c). A landlord or lessor can only be held responsible under subsection (I)(3)(c), if they have knowledge that fireworks (including a public display) are being discharged or illegally stored on the premises without obtaining a permit therefor from the City.

(Prior code § 5-11.17; Ord. 1500 § 1, 2000; Ord. 1527U § 1, 2002; Ord. 1526 § 1, 2002; Ord. 07-1597 §§ 4, 5, 6; Ord. 10-1630 § 1; Ord. 11-1634 § 1; Ord. 13-1640 § 1; Ord. 18-1702 § 1; Ord. 21-1722 § 2)

• A. This section authorizes and governs the imposition, enforcement, collection, and administrative review of administrative fines and penalties pursuant to Chapter 1.13 of the Norwalk Municipal Code for any violation of Section 5.36.190(G) and (H).

• B. The imposition of administrative fines and penalties under this section is limited to persons who possess, use, discharge, sell and/or display, and/or the seizure of, 25 pounds or less of dangerous fireworks as defined in Section 5.36.190(H) of the Norwalk Municipal Code.

• C. Administrative fines and penalties collected pursuant this section related to dangerous fireworks shall not be subject to California Health and Safety Code Section 12706, and shall be allocated in compliance with California Health and Safety Code Section 12557, which requires the City to reimburse the State Fire Marshal for the costs associated with the disposal of seized dangerous fireworks. Unless and until regulations governing such reimbursement have been adopted by the State Fire Marshal and are effective in the State of California, the City shall hold in trust for up to one year following receipt of the fine amount, $250 from each $1,000 in administrative fines and penalties collected pursuant to this section, for the sole purpose of reimbursing the State Fire Marshal the costs associated with the disposal of seized dangerous fireworks.

• D. The authority of the City to cause the issuance of an administrative citation to any person pursuant to this section, is in addition to the City's authority to utilize any and all other civil

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City of Norwalk, CA

NORWALK CODE

§ 5.36.200

§ 5.36.200

or criminal remedies in connection with any violation of this chapter. (Ord. 11-1634 § 2; Ord. 18-1702 § 1; Ord. 21-1722 § 2)

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City of Norwalk, CA

BUSINESS LICENSES AND REGULATIONS

§ 5.40.010

§ 5.40.040