Rialto Municipal Code Ch. 5.20 Fireworks

Footnotes:

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For statutory provisions regarding the state fireworks law, see Health & Saf. Code § 12500 et seq.

A. "Safe and sane fireworks" means those fireworks defined in Section 12529 of the Health and Safety Code as "safe and sane fireworks," specifically excluding all fireworks defined therein as "dangerous" and/or "exempt."

B. "Dangerous fireworks" means those fireworks defined in Section 12505 of the Health and Safety Code as "dangerous fireworks" including, but not limited to, firecrackers, skyrockets and rockets, roman candles, chasers, sparklers more than ten inches in length or one-fourth of one inch in diameter, torpedoes of all kinds which explode on impact, any fireworks which explode through means of friction, and fireworks kits.

C. "Exempt fireworks" means those fireworks defined in Section 12508 of the Health and Safety Code as any special item containing pyrotechnic compositions which the State Fire Marshal, 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 authority having jurisdiction.

(Ord. 1316 (part), 2001)

Safe and sane fireworks shall not be sold or discharged within the City of Rialto at any time other than during the period beginning at twelve noon on June 28th and ending at twelve midnight July 6th each year.

(Ord. 1316 (part), 2001: Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

Except as provided in this chapter, no person shall offer for sale or sell at retail any fireworks of any kind in the city without having first applied for and received a license therefor.

(Ord. 983 (part), 1986)

All applications for a license for fireworks shall:

A. Be made between the first day and last day of March each year, except when the last day falls on a Saturday or Sunday, the following business day is determined the last day;

B. Set forth the proposed location of the fireworks stand applied for. The stands must be on private property located in a C-1 or heavier industrial or manufacturing zone, and the written permission of the owner of record or principal lessee must accompany the application;

C. Be accompanied by an assurance that if the license is issued to applicant, applicant shall, at the time of receipt of the license, deliver to the city licensing officer one hundred thousand dollars/three hundred thousand dollars public liability and fifty thousand dollars property damage insurance certificates designating the city as an additional insured thereunder, and a copy of the requisite permit from the State Fire Marshal which must be obtained prior to applying for a city license;

D. Include a statement that the applicant agrees to comply strictly with the terms of any retail permit granted to it and furnish any additional information upon request of the city administrator or committee designated by the city council;

E. Submit to the city a current organization budget and audited statement showing proposed distribution of the funds realized from holding of such permit and license within thirty days of the close of the fireworks operation.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

The city administrator is vested with the authority to administer this chapter, which includes, but is not limited to, the following:

A. Determine whether an application for a license hereunder is timely;

B. Determine whether an application for a license hereunder is complete;

C. Determine whether an application for a license hereunder complies with the provisions of this chapter;

D. Determine whether an applicant for a license hereunder meets the qualifications of Section 5.20.050 hereof;

E. Determine whether to issue a license hereunder to an applicant;

F. Determine whether a license issued to a particular applicant shall be conditioned in order to assure compliance with the provisions of this chapter;

G. Determine whether a license issued to a particular licensee shall be revoked for non-compliance with the provisions of this chapter subject to reasonable notice and an opportunity to be heard to the licensee;

H. Extend the time to file an application for a license hereunder to any applicant or to several applicants, which decision shall be in the sole discretion of the city administrator;

I. Investigate the applicants in order to assure compliance with the provisions hereof;

J. Notify the applicants that will receive licenses hereunder and the applicants that will not receive licenses hereunder;

K. Promulgate written regulations, orders or notices deemed necessary or desirable to implement the provisions of this chapter.

(Ord. No. 1447, § 1, 4-14-09)

Editor's note— Ord. No. 1447, § 1, adopted April 14, 2009, repealed the former § 5.20.040, and enacted a new § 5.20.040 as set out herein. The former § 5.20.040 pertained to license—granting or rejection notice and derived from Ord. No. 983, 1986 and Ord. No. 1234, 1995.

The following qualifications must be met by each applicant for a license issued hereunder:

A. No license is issued to any person, firm or corporation except nonprofit associations or corporations organized primarily for civic betterment or youth activities.

B. Each such organization must have its principal and permanent meeting place in the city limits and must have been organized and established in the city limits for a minimum of one year continuously preceding the filing of the application for the license, and must have a bona fide membership of at least twenty members.

C. No organization may receive more than one license for fireworks sale during any one calendar year. One license may be issued to two or more qualifying applicants as a joint venture. The maximum number of licenses which may be issued pursuant to ordinance during any one calendar year shall not exceed one license for each three thousand residents of the city, or fraction thereof, based on the latest State Department of Finance census estimate. The city council has set the number of licenses to be issued at eighteen. This may be changed from time to time by council resolution.

D. If the number of applications exceeds the number of licenses to be issued, the licensees during the preceding year have the first priority for the available licenses, provided each license retains the same participating organizations which operated under the license during the preceding year. Each participating organization is a co-licensee and joint venturer with the licensee claiming the first priority and has the same duties and liabilities under the license. If there are any additional licenses available, such additional licenses are granted by a drawing supervised by the city administrator.

(Ord. 1257, 1997; Ord. 983 (part), 1986)

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

A. No fireworks stand shall be located within twenty-five feet of any other building nor within one hundred feet of any gasoline pump or propane tank.

B. Firework stands need not comply with the provisions of the city building code; provided, however, that all stands are erected and constructed in such a manner which will reasonably insure the safety of attendants and patrons.

C. No stand shall have a floor area in excess of three hundred feet.

D. Each stand in excess of twenty-four feet in length must have at least two exits, and each stand in excess of forty 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 twenty-four feet.

E. Each stand shall be provided with 2½ gallon soda-and-acid type or water-pressure type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case of fire.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

General requirements for licenses are as follows:

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

B. "No smoking" signs shall be prominently displayed on the fireworks stand.

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

D. The sale of fireworks shall not begin before twelve noon on June 28th nor continue after twelve midnight on July 4th.

E. All unsold stock and accompanying litter shall be removed from the location by twelve noon on July 6th.

F. The fireworks stand shall be removed from the temporary location by twelve noon on July 18th, and all accompanying litter cleared from the location by that time and date.

G. Each license holder shall comply with all requirements of this chapter, including but not limited to the removal of the stand, cleaning of the site, and filing of a financial statement. In the event the licensee does not so comply, in a manner satisfactory to the city licensing officer, the city council may refuse to issue a permit to sell fireworks to that organization the following year.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

The license fee for selling fireworks is set by city council resolution, to be paid to the city licensing officer by the close of business on June 28th.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

Organizations licensed for the selling of fireworks are required to obtain a temporary sales tax permit from the San Bernardino office of the State Board of Equalization.

(Ord. 983 (part), 1986)

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

(Ord. 983 (part), 1986)

A. No person other than the licensee organization shall operate the stand for which the license is issued or share or otherwise participate in the profits 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 of 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 fireworks at such stand.

(Ord. 983 (part), 1986)

A. It is unlawful for any person to possess dangerous or exempt fireworks.

B. It is unlawful for any person to ignite, explode, project or permit the ignition, explosion or projection thereof of any dangerous or exempt fireworks.

C. It is unlawful for any person to ignite, explode, or project any safe and sane fireworks within ten feet of a residence, dwelling or other structure used as a place of habitation by human beings.

D. The restrictions set forth in this section are not applicable to those individuals and/or businesses manufacturing and selling fireworks pursuant to a manufacturers or wholesalers license issued by the State Fire Marshal as set forth in Health and Safety Code Sections 12580 et seq.

E. The restrictions set forth in this section are not applicable to those individuals and businesses who are conducting a fireworks display pursuant to a public display license issued by the State Fire Marshal as set forth in Health and Safety Code Sections 12580 et seq.

F. The restrictions set forth in this section are applicable to any property owner or person in control of property who allows a person to possess, ignite, explode, project fireworks on the property owned by such person or under such person's control, irrespective of such person's intent, knowledge or negligence, said violation hereby being expressly declared a strict liability offense.

(Ord. 1316 (part), 2001: Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

(Ord. No. 1559, § 2, 4-14-15)

Penalties for the violation of the provisions of this chapter shall be as follows:

A. The discharge of safe and sane fireworks outside of the time restrictions as set forth in Section 5.20.010 shall be punished as an infraction.

B. The sale of safe and sane fireworks outside of the time restrictions as set forth in Section 5.20.010 shall be punished as an infraction.

C. The ignition, explosion or projection of safe and sane fireworks within ten feet of a residence in violation of Section 5.20.120 shall be punished as an infraction.

D. The ignition or possession of any dangerous or exempt fireworks in violation of Section 5.20.120 shall be punished as a misdemeanor.

E. The sale of any fireworks or the operation of a temporary fireworks stand in violation of Sections 5.20.020 to 5.20.110, inclusive, shall be punished as a misdemeanor.

F. Any property owner or person in control of property who allows a person to possess, ignite, explode, project fireworks in violation of Section 5.20.120 on the property owned by such person or under such person's control, irrespective of such person's intent, knowledge or negligence, shall be punished as a misdemeanor. A property owner or person in control of property shall not be in violation of this section if he or she seeks immediate assistance from the Rialto Police Department or other law enforcement agency to report any such violation of Section 5.20.120.

(Ord. 1316 (part), 2001

(Ord. No. 1559, § 3, 4-14-15)