8.03 — FIREWORKS

As used in this chapter:

"Agricultural and wildlife fireworks" means fireworks designed and intended by the manufacturer to be used to prevent damages to crops or unwanted occupancy of areas by animals or birds through the employment of sound or light, or both.

"Emergency signaling device" means a pyrotechnic device designed and intended by the manufacturer to be used as such and which provides a reasonable degree of safety to the user and does not create a fire hazard when used according to the label of instructions.

"Exempt fireworks" means any special item containing pyrotechnic compositions which the State Fire Marshall, with the advice of the State Fire Advisory Board, has investigated and determined to be limited to industrial, commercial, agricultural use or religious ceremonies when authorized by a permit granted by the Planning Commission in the same manner as set forth in this chapter for public fireworks displays.

"Fireworks" means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical or thermal effects which are used as pyrotechnic devices or for entertainment. The term "fireworks" includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rockets, Dayglo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs and fireworks.

"Model rocket" means any toy or educational device which weighs not more than 500 grams, including the engine and any payload that is propelled by model rocket engines. (Ord. 2011-04 § 1)

No person shall manufacture, possess, sell, discharge or make any display of fireworks in the incorporated area of the City without complying with the provisions of the State Fireworks Law, Sections12500—12726, inclusive, of the Health and Safety Code of the State, and of this chapter.

(Ord. 2011-04 § 1)

No person shall sell or offer for sale or expose for sale at retail for use within the City, any squib, rocket, firecrackers, Roman candle or fire balloon or other explosive type fireworks, or any article for the making of a pyrotechnical display within the City, except that such fireworks as are defined and classified as "safe and sane fireworks" in Section 12.500 of the Health and Safety Code may be sold and displayed. (Ord. 2011-04 § 1)

It is unlawful for any person, firm or corporation to sell fireworks, except those defined herein, with the City without having first applied and received a City permit therefor. Permission may be given by the City Council for the use of fireworks on special occasions,. This permission may be given upon the recommendation of the City Manager, and given upon terms and conditions contained in such recommendation.

(Ord. 2011-04 § 1)

The City may issue one permit or more, at the discretion of the City Manager, for the sale of safe and sane fireworks per year. No permit shall be issued to any person, firm, or corporation, except nonprofit organizations or corporations organized primarily for veteran, patriotic, welfare, civic betterment or charitable purposes.

• A. Applicant shall furnish such other data or information as may be required relating to the issuance of such fireworks permit.

• B. Applicants for such permit shall be notified on March 15 of each calendar year except for the first year after the effectiveness hereof, by the license division of the approval or disapproval of permit. The organization whose permit has been approved shall have up to and including May 15 of the year to pick up the permit.

• (Ord. 2011-04 § 1)

The City may require the applicant to provide a surety bond and/or public liability insurance of sufficient amount to cover possible losses caused by activities done pursuant to the permit. (Ord. 2011-04 § 1)

• A. No person other than the licensee organization shall operate the stand(s) for which the license is issued or share or otherwise participate in the benefits of the operation of such stand.

• B. No person other than the individuals who are members of the licensee organization, or the wives or husbands or adult children of such members, shall sell or otherwise participate in the sale of fireworks at such stand.

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

• (Ord. 2011-04 § 1)

All retail sales of "safe and sane fireworks" shall be permitted only from within a temporary fireworks stand, and the sale 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 25 feet of any other building nor within 50 feet of any gasoline station.

• B. Fireworks stands need not comply with the provisions of the City building code; provided, however, that all the stands shall be erected under the supervision of the inspector who shall require that stands be constructed in a manner which will reasonably insure the safety of attendants and patrons.

• C. No stand shall have a floor area in excess of 750 square feet.

• D. Each stand must have at least two exits; and each stand in excess of 40 feet in length must have at least three exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed 20 feet. Exit doors shall be no less than 24 inches wide and six feet in height and shall swing in direction of exit travel.

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

• (Ord. 2011-04 § 1)

• A. Stands in excess of two shall not be located closer than 600 feet apart.

• B. 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.

• C. No smoking signs shall be prominently displayed on the fireworks stand.

• D. Each stand must have an adult watchperson in attendance and in charge thereof while the stand is being used for the sale, dispensing, or storage of fireworks.

• E. The sale of fireworks shall not begin before 12:00 p.m. on June 28 and shall not continue after 12:00 a.m. on July 4.

• F. All unsold stock of fireworks in the hands of the retailer after 12:00 a.m. on the fifth day of July, shall be returned to the distributor or wholesaler and removed from the City, within one week. On closing of stands all litter shall be removed from premises.

• G. No wholesale storage of fireworks shall be allowed.

• H. Signs shall be required at any point of sale stating the use of fireworks in the City of Plymouth is strictly forbidden except as authorized by this Code.

• I. A written communication shall be provided with each sale outlining the site(s) and time(s) for displaying fireworks within the City limits as designated by the City Council.

• (Ord. 2011-04 § 1)

Each violation of this chapter is a misdemeanor. (Ord. 2011-04 § 1)

Notwithstanding the foregoing, the City may enjoin any violation or threatened violation of this chapter or pursue any other remedy which it may have in law or equity. (Ord. 2011-04 § 1)