5.34 - FIREWORKS

A.

Safe and sane fireworks as defined by Section 12529 of the Health and Safety Code of the state of California may be sold within the city beginning at twelve noon the twenty-eighth day of June, and thereafter from nine a.m. to ten p.m., ending on the fourth day of July.

B.

Safe and sane fireworks as defined by Section 12529 of the Health and Safety Code of the state of California may be sold within the city from nine a.m. to ten p.m. on the fourth day of July.

C.

Safe and sane fireworks as defined by Section 12529 of the Health and Safety Code of the State of California may be discharged within the city during the period beginning at nine a.m. on the twenty-eighth day of June and ending at eleven fifty-nine p.m. on the fourth day of July each year pursuant to the provisions of this chapter and not otherwise.

(Ord. No. 378, § I, 3-23-2016)

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, Sections 12500 et seq., of the Health and Safety Code of the state, and such other fireworks as may be determined to be dangerous by the State Fire Marshal.

(Ord. No. 378, § I, 3-23-2016)

A.

Permits—Notwithstanding any other provisions of this code, the fire chief of the Orange Cove Fire Protection District may grant permits for public displays of fireworks if the fire chief determines that all requirements of the law are or will be complied with by the applicant and that granting any such permit will not be detrimental to the public peace, health or safety; otherwise said application shall be denied. Applications for such permits shall be filed with the fire chief not less than ten days before the proposed public display and shall be accompanied by a detailed statement of the items of the proposed display. If the permit is granted, no items shall be displayed except as are contained in the statement and the fire chief may in granting the permit eliminate from the statement such items as he deems hazardous or impose conditions upon such permit as the fire chief shall deem reasonably necessary to protect the public peace, health and safety; and it shall be unlawful for the grantee of the permit to exhibit or display the eliminated items or to conduct such display in violation of any conditions so imposed. The public display shall be under the supervision of the fire chief and such persons as he shall designate and authorize. The city council shall, by resolution, pursuant to the fire chief's recommendation, establish a fee to be charged for the permit. A separate permit will be required for each display. The display shall be at the place and time designated in the permit. Such permit shall include the right to possess and transport said fireworks for the purpose of conducting such public display.

B.

Times Permitted—Except on the 4 th of July, it is unlawful for any holder of a public display permit to discharge any fireworks in the City of Orange Cove from the hours of ten p.m. to eight a.m. unless permitted by the fire chief as an exception to this time limit.

C.

Times Permitted—Appeal from denial of permit—If the fire chief denies the application, then the applicant may take an appeal from such action by filing a written notice of appeal with the city administrator or his or her designee. Such written notice shall be filed with the city clerk within ten days of the date of the action of the fire chief and shall set forth the reasons for appeal from the action of the fire chief. Upon receipt of a notice of appeal, a hearing shall be set before the city manager or his or her designee, not less than ten days nor more than thirty days from the date of the filing of the appeal. Upon such hearing the city manager or designee may deny the application or grant the application upon such conditions, as the city manager or designee shall deem proper.

(Ord. No. 378, § I, 3-23-2016)

Except as provided herein, no persons shall offer for sale or sell at retail any fireworks of any kind without having first applied for and received a permit.

(Ord. No. 378, § I, 3-23-2016)

All applications for a permit to sell fireworks shall:

A.

Be made in writing accompanied by a permit fee of three hundred dollars;

B.

Be made between the first business day and the last business day of June of each year;

C.

Set forth the proposed location of the fireworks stand;

D.

Be accompanied by an assurance that if the permit is issued to applicant, applicant shall, at the time of receipt of permit, deliver to the city clerk a five hundred thousand dollars combined single limits insurance certificate designating the city as an additional insured, and a copy of the required license from the State Fire Marshal;

E.

Include a statement that the applicant agrees to comply strictly with the terms of any retail permit granted it and furnish any additional information upon request of the city.

(Ord. No. 378, § I, 3-23-2016)

The permit fee for selling fireworks within the city shall be three hundred dollars which fee must be paid at the time each application for a stand is filed. The city council may, by resolution, increase or decrease the permit fee in its discretion.

(Ord. No. 378, § I, 3-23-2016)

The following qualifications must be met by each applicant for a permit:

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 in the city, and, are nonprofit associations or corporations with their principal place of business in the city.

B.

Each such organization must have its principal and permanent meeting place in the corporate limits of the city; must maintain a bona fide membership of at least twenty members; and must have been organized

and established in the city's corporate limits for a minimum of one year continuously preceding the filing of the application for the permit.

C.

No organization may receive more than one permit for fireworks sales during any one calendar year. One permit may be issued to two or more qualifying applicants as a joint venture. The maximum number of 8 permits may be issued during any one calendar year. One additional permit may be added for every three thousand five hundred residents above the 2010 Census estimate or actual population.

D.

During the first week after July 4th, the city clerk shall draw the appropriate number of names of organizations who are to be the permittees for the following year. Each organization will hold a permit for two consecutive years. Beginning in 2002 (for the fireworks year of July 2003), and every even year thereafter, there will be four slots available for two-year periods, and there will be four slots available in the odd years, until the city's population exceeds twenty thousand. Each participating organization in a joint venture shall be deemed to be a committee.

(Ord. No. 378, § I, 3-23-2016)

Applicants for a permit shall be notified by the city clerk by July 15th of the granting or rejection of such application for a permit.

(Ord. No. 378, § I, 3-23-2016)

Organizations selling fireworks are required to obtain a temporary sales tax permit from the State Board of Equalization.

(Ord. No. 378, § I, 3-23-2016)

State license and city permit to sell fireworks, and temporary sales tax permit shall be displayed in a prominent place in the fireworks stand.

(Ord. No. 378, § I, 3-23-2016)

A.

No entity other than the permittee organization shall operate the stand for which the permit is issued.

B.

All persons engaged in the selling of fireworks shall be over the age of eighteen years. At least one person twenty-one years of age or older must be in attendance and in charge during the hours of booth operation. No person under the age of eighteen shall sell, or handle for sale, any classification of fireworks.

C.

No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at such stand.

(Ord. No. 378, § I, 3-23-2016)

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

A.

No fireworks stand shall be located within twenty-five feet of any building and not within one hundred feet of any gasoline pump.

B.

Fireworks stands need not comply with the provisions of the building code; provided, however, that all stands shall be erected under the supervision of the city building inspector, who shall require that stands be constructed in a manner that will reasonably ensure the safety of attendants and customers.

C.

No stand shall have a floor area in excess of four hundred square feet. The width of each stand shall be a minimum of ten feet and the length shall be a maximum of forty feet.

D.

Each stand must have at least two exits.

E.

Each stand shall be provided with a two and one-half gallon water pressure type fire extinguisher and a 2Al0BC rated dry chemical fire extinguisher in good working order and easily accessible for use in case of fire.

F.

Each applicant shall file with the city clerk written permission from the record owner of the property where the applicant's stand is to be located. There shall be one stand per location, as determined by the city fire chief or city building official.

(Ord. No. 378, § I, 3-23-2016)

A.

All weeds and combustible material shall be cleared from the location of the stand, including a distance of a least fifty feet surrounding the stand.

B.

"No Smoking" signs shall be prominently displayed on the front, back and sides of the fireworks stand.

C.

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

D.

The sale of fireworks shall not begin before twelve noon on the twenty-eighth of June and shall not continue after ten p.m. on the fourth day of July.

E.

Hours of operation shall be limited to nine a.m. to nine p.m. daily.

F.

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

G.

The fireworks stand shall be removed from the temporary location by eight p.m. on the sixth day of July, and all accompanying litter shall be cleared from said location by said time and date.

H.

Prior to the issuance of a permit, each applicant shall file with the city clerk a cash deposit, certificate of deposit or a surety bond made payable to the city in the amount of one hundred dollars to assure compliance with the provisions of this chapter. Such deposit, certificate or bond shall be refundable upon compliance with the provisions and requirements of this chapter, including but not limited to the removal of the stand and the cleaning of the site. In the event the permittee does not so 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 other persons, and the reasonable cost thereof shall be a charge against the permittee and his deposit of surety bond.

(Ord. No. 378, § I, 3-23-2016)

A.

No person shall light or cause to be lighted any fireworks or other combustible material within any stand or within two hundred feet thereof.

B.

It is unlawful for any person to ignite, explode, project or otherwise fire or use, or permit the ignition, explosion or projection of any fireworks upon, over or onto the property of another, or to ignite, explode, project or otherwise fire or make use of any fireworks within ten feet of any residence, dwelling or other structure.

(Ord. No. 378, § I, 3-23-2016)

Safe and sane fireworks may be stored within the city, pursuant to the following provisions:

A.

Buildings or parts of buildings used for the storage of safe and sane fireworks shall be classified as Group B, occupancies, as provided in the California Building Code, 2007 Edition, as amended from time to time, and shall meet the requirements for such occupancies. However, under no condition shall any building or parts of buildings be used that are not provided with an automatic sprinkler system.

B.

Buildings or parts of buildings used for storage shall meet the zoning requirements of the city and a permit to store shall be issued by the city.

C.

Signs with the wording "Fireworks—No Smoking," in letters a minimum of four inches high, shall be conspicuously located throughout the building.

D.

Fire extinguishers, of the water pressure type, shall be located so there is not more than fifty feet of travel to any fireworks storage.

E.

Stacks of merchandise shall be limited in size to twelve thousand cubic feet, and each stack shall be separated from other stacks by eight-foot-wide aisles.

(Ord. No. 378, § I, 3-23-2016)

If, in the judgment of the city fire chief or city building inspector, the construction of the stand or the conduct of the operations therein do not conform to the provisions of this chapter, such officers, or either of them, may order the stand immediately closed.

(Ord. No. 378, § I, 3-23-2016)

In addition to any other persons authorized by law, the fire chief, all chief officers, fire captains, and acting captains shall have the duty of enforcing the provisions of this chapter. In connection with such enforcement, they are authorized to enter, free of charge, at any reasonable time, any place of business, or to approach any person apparently conducting or employed in the operation of a business, to verify compliance with the provisions of this chapter and with the California Fire Code and any other Orange Cove Municipal Code provisions related to fireworks enforcement. Such persons are hereby authorized to issue citations to persons violating any of the provisions of this chapter to appear in the Court of the Tulare County Judicial District or Administrative Citation Hearing Officer at a time fixed in the citation, not less than five days from the date of issuance of the citation unless a shorter period of time is requested by the person(s) to whom the citation is given, and such citation shall be deemed to be a complaint charging violations of this chapter.

(Ord. No. 378, § I, 3-23-2016)

Persons violating this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished accordingly, as set forth in Section 1.24.010 of this code.

(Ord. No. 378, § I, 3-23-2016)