Chapter 16.94 — FIREWORKS

Sections:

• 16.94.010 Definitions. 16.94.020 Sale Time Limit. 16.94.030 License Required. 16.94.040 License Application. 16.94.050 License Requirements for Issuance.

• 16.94.060 Inspections.

• 16.94.070 Operation of Stand. 16.94.080 Temporary Fireworks Stands. 16.94.090 Temporary Signs. 16.94.100 Display of License and Sales Tax Permit.

16.94.110 Sale or Deliver to Minors.

16.94.120 State Law. 16.94.130 Violation. 16.94.140 Enforcement.

Q U A L I F I E D N O N - P R O F I T ORGANIZATIONS means association, group or organization possessing a certificate issued by the Federal Government or the State of California which serves the local interest of this community. (Ord. 606, 1999)

Subject to the provisions of the State Fireworks Law, Sections 12,500 through 12,726 of the Health and Safety Code of the state, and any regulations promulgated thereunder, safe and sane fireworks, as defined in Section 12529 of the Health and Safety Code of the State of California, may be sold within the city limits of the City of Ripon during the period beginning at 12 noon on the 28th day of June and ending at 12 midnight on the 4th of July, each year.

No fireworks classified as “dangerous fireworks” by Section 12505 of the Health and Safety Code of the State of California may be sold within the City of Ripon. (Ord. 606, 1999)

DISTRIBUTORS means any commercial wholesale business, licensed by the State of California and The City of Ripon, which supplies “safe and sane” fireworks for resale.

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 useful as pyrotechnic devices or for entertainment, including fireworks classified by the Health and Safety Code both as “dangerous fireworks” and as “safe and sane fireworks” and shall include firecrackers, torpedoes, skyrockets, roman candles, bombs, sparklers, chasers, snakes or other fireworks containing any explosive or flammable substance. This definition does not include ammunition used for target shooting or hunting, nor does it include what is ordinarily known as cap pistol caps, party poppers or snap caps.

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 therefore. (Ord. 606, 1999)

All applications for license to sell fireworks shall:

A. Be submitted to the building department in writing on the appropriate license application form to be provided by the city and accompanied by a license fee of $250.00. The fee shall be adjusted annually as of January 1st of each year hereafter to reflect any increase or decrease as shown in the San Francisco Bay Area Cost of Living Index published and in effect on July 1st of each year hereafter or as adjusted from time-to-time by resolution of the City Council. The fee is not for the purpose of revenue but will be used to defray the cost of inspection and supervision;

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B. After July 5, 1995, be made between the first day of April and the last day of May, except when the last day falls on a Saturday or Sunday, in which case the following business day shall be determined to be the last day;

C. Set forth the proposed location of the fireworks stand. The fireworks stand must be located on private property or an off-street parking facility with at least twenty-five (25) spaces, in commercial, professional office, or industrial zones, and the written permission of the owner of record of the property must accompany the application;

D. Be accompanied by an assurance that if the license is issued to the applicant, the applicant shall, at the time of the receipt of the license, deliver to the city administrator’s office appropriate insurance certificates in the amount of $500,000/$1,000,000 public liability and $250,000 property damage insurance designating the City of Ripon and the Ripon Consolidated Fire District as the additional insured thereunder;

E. Include a statement that the applicant agrees to comply strictly with the terms of any permit granted to it and to furnish any additional information, including such other licenses and permits as are necessary under State law, upon the request of the city administrator. (Ord. 606, 1999; Ord 758 §2 (part), 2007)

The following qualifications shall be met by any person selling fireworks within the city and, by each applicant for a license issued under this chapter:

A. No license shall be issued to any person, firm or corporation except non-profit associations or corporations organized primarily for civic betterment or youth activities, or to schools within the Ripon Unified School District (as approved by the District Superintendent), including Ripon Christian School (as approved by the School Superintendent), provided that all fireworks shall only be sold within the city limits of the City of Ripon.

B. Each organization must have as its principle and permanent meeting place in the corporate limits of the city, must maintain a bona fide membership of at least twenty-five (25) members and must have been organized and established within the city=s corporate limits for a minimum of one (1) year continuously preceding the filing of the application for the license.

C. No organization may receive more than one (1) license for fireworks sale during any one (1) calendar year. One (1) license may be issued to two (2) or more qualifying applicants as a joint venture.

D. Any attempt to transfer any fireworks license insured pursuant to this chapter shall be void on behalf of both the transferor and the transferee, and the permit itself shall be void.

E. Prior to the issuance of a license, 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 $250.00 to assure compliance with the provision of this chapter. Such deposit or certificate 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 licensee does not so comply or remove the stand or clean the site in the manner required by the city, 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 licensee and its surety and the deposit, certificate or bond.

F. Prior to the issuance of a license to sell fireworks, the distributor serving the licensee shall verify that they possess a valid City business license. (Ord. 606, 1999)

A. Prior to the final issuance of a license to sell, the applicant shall have had the proposed fireworks stand inspected by appropriate representatives of the Ripon Consolidated Fire District, and shall have received certification by the

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said Fire District that the proposed fireworks stand complies with the applicable provisions of the Uniform Fire Code, the State Fireworks Law and all regulations promulgated pursuant thereto. The City shall reimburse the Fire District for its reasonable expenses in connection with said inspections, in an amount which shall not exceed $70.00 per application.

B. Have a post-inspection with the City Building Department to verify clean-up of site. (Ord. 606, 1999)

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

B. No persons 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 fireworks at such stand.

D. Prior to issuance of fireworks license, responsible person from licensee organization must certify in writing that training for all booth operators was received. Such training must include safe handling and storage of fireworks, and a review of the City’s fireworks regulations in this Chapter and Chapter 9.28 of the Ripon Municipal Code.

E. Fireworks shall be stored and kept in the licensee’s sales booth. During hours of operation, the sales booth shall be staffed by no less than two (2) qualified personnel. The licensee shall be responsible for appropriate security and safe keeping of fireworks stored overnight in temporary fireworks stands or other approved ‘on-site’ locked storage facility. (Ord. 606, 1999)

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 hereby prohibited. Temporary stands shall be subject to the following requirements:

A. No fireworks stand shall be located within twenty-five (25) feet of any other building nor twenty-five (25) feet from any trailer or vehicle nor within one hundred (100) feet from any gasoline service station pump island or property on which is stored any flammable liquid, nor less than twenty-five (25) feet from the curb line.

B. Fireworks stands need not comply with provisions of the Building Code of the city; provided, however, that all stands shall be constructed and erected so as to meet the approval of the city Building Inspector, who shall require that the stands be constructed in a manner that will reasonably ensure the safety of attendants and patrons.

C. No fireworks stands shall have a floor area in excess of three hundred (300) square feet, and each such stand shall have a least two useable and unencumbered exits.

D. Fireworks stands shall be provided with not less than two (2) fire extinguishers of the type and size approved by the Fire Chief of the Ripon Consolidated Fire District.

E. All weeds and combustible materials and debris shall be cleared from the location of any fireworks stand for a distance of at least twenty-five (25) feet surrounding such stand. All trash resulting from the operation of the fireworks stand must be removed on a daily basis.

F. “No Smoking” signs prohibiting smoking in or within twenty-five (25) feet of the fireworks stand shall be prominently displayed on the exterior of each such fireworks stand.

G. All unsold fireworks and accompanying litter at any fireworks stand shall be removed from the stand and from the city by 12 o’clock midnight

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on the 7th day of July each calendar year.

H. Each fireworks stand shall be removed from its temporary location not later than 12 o’clock midnight on the 7th day of July, and all accompanying litter or debris shall be cleared and removed from said location by said time and date.

I. Each seller of fireworks within the City shall provide to purchasers of fireworks a safety sheet as supplied by the fireworks manufacturer and approved by the Ripon Consolidated Fire District. The safety sheet shall include guidelines and instructions for the proper handling and discharge of fireworks.

J. All fireworks stands shall be subject to such other reasonable regulations as the city may establish for the purpose of protecting the public health, safety or welfare. (Ord. 606, 1999)

Temporary signs shall be allowed provided they comply with the following:

A. One wall sign advertising the distributor on the fireworks stand for each street frontage.

1. Sign shall be flush mounted and not protrude from the building.

2. Sign area shall not exceed forty-eight (48) square feet in size.

B. One freestanding sign advertising the distributor and/or the availability of fireworks at the fireworks stand for each street frontage.

1. Sign(s) may be double faced.

2. Sign area(s) shall not exceed thirty-two (32)

square feet in size.

3. Sign(s) shall not be located on, or project into, the right-of-way of any public street, including sidewalks.

4. Sign(s) shall not be designed or constructed which would interfere with the sight distance of

motorists approaching adjacent sidewalks, pedestrian ways or intersecting streets. (Ord. 606, 1999)

A license to sell fireworks and a temporary sales tax permit shall be displayed in a prominent place in the fireworks stand. (Ord. 606, 1999)

It shall be unlawful for any person within the City of Ripon to sell or transfer any safe or sane fireworks to a person who is under eighteen (18) years of age. (Ord. 606, 1999)

The provisions of this Chapter are in addition to applicable state and federal law, including, but not limited to, the state fireworks law (California Health and Safety Code Section 12,500 through 12,726), the State Fireworks Regulations (Title 19, California Code Regulations, Chapter 6), and any and all other state or federal laws or regulations pertaining to the sale or use of fireworks. (Ord. 606, 1999)

Any violation of any of the provisions of this chapter is declared an infraction, and may be prosecuted by the City Attorney, or through the provisions of Chapter 1.12 of the Ripon Municipal Code. (Ord. 606, 1999)

The provisions of this chapter shall be enforced by the officers and employees of The City of Ripon and the Ripon Consolidated Fire District, and violations shall be prosecuted as provided in Section 16.94.130. (Ord. 606, 1999)

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16.96.010

CHAPTER 16.96

6. Acreage of the proposed tract to the nearest tenth of an acre;

MAJOR SUBDIVISIONS

Sections:

• 16.96.010 Purpose. 16.96.020 Requirements for Application. 16.96.030 Review Procedures. 16.96.040 Findings. 16.96.050 Expiration Date. 16.96.060 Written Statement. 16.96.070 Vested Rights. 16.96.080 Subdivision in Flood Hazard Zones-Required Findings

It is the purpose of this Chapter to provide a method for reviewing major subdivision applications. (Ord. 606, 1999)

A. A major subdivision application may be initiated by the property owner(s) or the property owner=s authorized agent. Applications shall be filed with the Planning Department. The application must include a tentative map or, at the option of the applicant, a vesting tentative map and other maps or documents required by the City.

B. Required information on the tentative subdivision map site plan diagram (twenty [20] copies) at 18" x 24" folded to approximately 8 2" x 11" and an 8 2@ x 11" reduction shall include the following information:

1. A key or location map that shows the general area, including adjacent property, subdivisions and roads;

2. The tract name or number, date, north point, scale and sufficient description to define location and boundaries of the proposed tract;

3. Name and address of recorded owner or owners;

   4. Name and address of the subdivider;

4. Name and business address of the person

who prepared the map;

7. Sufficient elevations or contours to determine the general slope of the land and the high and low point of the site, which includes verification that any portion of the project used for habitable structures, is not in the 100 year flood plain;

8. The locations names, widths, and grades of all roads, street, highways, and ways in the proposed subdivision or to be offered for dedication;

9. The locations, names and existing widths of all adjoining and contiguous highways, streets, and ways; 10. The widths, locations and purpose of all existing easements; 11. Lot layout, dimensions of each lot and lot numbers;

10. The widths, locations and purpose of all existing easements;

11. City limit lines occurring within the general vicinity of the subdivision;

12. Bearings and distances to quarter section bounds within the general vicinity of the subdivision;

13. Boundaries of any units within the subdivision if the subdivision is to be recorded in stages;

14. Names and owners of land immediately adjacent to the subdivision;

15. The Outline of any existing buildings to remain in place and their location in relation to existing or proposed street and lot lines;

16. Location of all trees proposed to remain in place, standing within the boundaries of proposed public right-of-way;

17. Location of all areas subject to inundation or storm water overflow and the location, width and direction of flow of all watercourses.

C. Additional information and documents required as follows:

1. Vicinity map (8 1/2" x 11")

2. Legal description

3. Executed Development Agreement (at

discretion of the Director)

4. Preliminary title report, dated within ten

• (10) days of filing the application.

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D. A fee, as specified by resolution of the City Council is required with the application.

E. Before application, the applicant should request a preapplication conference with the Planning Department. (Ord. 606, 1999; Ord. 758 §2 (part), 2007)

Major subdivision applications shall be reviewed using the public hearing review procedure specified in Section 16.08.030 with the following modifications:

A. Planning Commission. At the conclusion of the public hearing, the Planning Commission shall recommend approval/denial of the application by the City Council.

B. City Council. The City Council shall hold a public hearing to review the Planning recommendation and take final action.

C. Action With No EIR. If an Environmental Impact Report is not required, the final action on the application must be rendered within fifty (50) calendar days after it accepted as complete.

D. Action With EIR. If an Environmental Impact Report is required, the final action on the application must be rendered within forty-five (45) calendar days after certification of the environmental impact report.

E. Notice of Hearing. Notification of any public hearing must include publication in the newspaper of general circulation in the City at least ten (10) days before the hearing.

F. Notice of Phased Final Maps. If the applicant intends to file phased maps, the applicant must inform the Planning Department of such intention at the time of filing the application. (Ord. 606, 1999; Ord. 758 §2 (part), 2007)

Before approving an application for a major subdivision, the planning commission shall find that all of the following are true:

A. Plan Consistency. The proposed subdivision

is consistent the goals, policies, standards, and maps of the General Plan and any other applicable plan or agreement adopted by the City;

B. Design and Improvements. The design and improvement of the proposed subdivision is consistent with the General Plan and any applicable specific plan, special purpose plan, or any agreement;

C. Type of Development. The site is physically suitable to the type of development proposed, which includes verification that any portion of the project used for habitable structures, is not in the 100 year flood plain;

D. Density of Development. The site is physically suitable for the proposed density of development;

E. Fish and Wildlife. Neither the design of the subdivision nor the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

F. Public Health. The design of the subdivision or type of improvement is not likely to cause significant public health problems; G. Access. The design of the subdivision or type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision;

H. Dedications. Any land or improvements to be dedicated to the City is consistent with the General Plan, and applicable specific plan and special purpose plan, and any other applicable plan or agreement adopted by the City;

I. Energy. The design of the subdivision provides, to the extent feasible, for future passive of natural heating or cooling opportunities in the subdivision. (Ord. 606, 1999; Ord. 758 §2 (part), 2007)

A tentative subdivision map, that has been approved, shall expire either thirty-six (36) months

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after the date of its approval, unless a final map has been filed with the County Recorder, or on the expiration date of an associated development agreement. Upon application of the subdivider, filed before the expiration of the approved tentative map, the time at which the map expires may be extended by the City Council for a period or periods as provided in the State Subdivision Map Act. (Ord. 606, 1999)

A written statement shall be presented by the subdivider with the tentative map when it is presented. The statement must contain information on improvements, public utilities, drainage, sewerage, water supply, street lighting and justification for any exceptions to the provisions of this Title. A copy of any restrictive covenants must be attached to the statement. (Ord. 606, 1999; Ord. 758 §2 (part), 2007)

An approved major subdivision application that includes a vesting tentative map shall confer rights as set forth in this section.

A. Vested Rights. The approval of the major subdivision application shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Section 66498.1 of the Government Code.

B. Exceptions. Notwithstanding Subsection (a), a permit, approval, extension, or entitlement may be conditioned or denied if either of the following is determined:

1. Failure to do so would place the residents of the subdivision, the immediate community, or both in a condition dangerous to the their health, safety, or both; or

2. Conditions of denial is required in order to comply with state or federal law.

C. Time Periods. The vested rights referred to in Subsection (a) shall expire if a final map is not approved before the expiration of the approved major subdivision application. If the final map is approved, vested rights shall continue as follows:

1. Vested rights shall remain in effect for an initial time period of one (1) year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this one (1) year initial time period shall begin for each phase when the final map for that phase is recorded. All of said final maps must be recorded within the time period set forth in Section 16.96.050, or the vested rights expire for those parcels for which final maps are not timely recorded.

2. This one (1) year initial time period set forth in Subsection C (1) shall be automatically extended by any time used for processing a complete application for a grading permit, if one is required, or for any required design or architectural review, if such processing exceeds thirty (30) days from the date a complete application is filed.

3. If the subdivider submits a complete application for a building permit during the periods of time specified in Subsections 16.96.070.C.1 and 16.96.070.C.2 above or during any approved time extensions of the initial one (1) year time limit period specified in Subsection 16.96.070.C.1 above, the vested rights referred in this section shall continue until expiration of that building permit, or extension of that building permit.

D. Development Agreement. Vesting tentative maps will not be allowed to be submitted with a development agreement.

E. Subsequent Conditioning. Consistent with Subsection 16.96.070.A, an approved or conditionally approved vesting tentative map shall not limit the Planning Commission or City Council from imposing reasonable conditions on subsequent approvals or permits necessary for the development. (Ord. 606, 1999; Ord. 758 §2 (part), 2007)

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Subdivisons located in Flood Hazard Zones defined in Chapter 8.01 shall not be approved until the applicable findings required in Chapter 16.10 have been made.

(Ord. 853 §4, 2016)

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16.100.010