Rocklin Municipal Code Ch. 8.24 Fireworks

Except as otherwise provided in this chapter, no person shall possess, sell, use, display or explode any rocket, firecracker, roman candle, squib, torpedo, torpedo cane, fire balloon, wire core sparkler, wooden core sparkler, black cartridge or other combustible device or explosive substance or any kind of fireworks, by whatsoever name known, within the city.

(Ord. 673 § 1 (part), 1993).

A. Public displays of fireworks may be given with permission of the fire chief or the chief's designee where such display will take place under the supervision and direction of a state of California licensed operator. The applicant shall apply for such permission at least ten days in advance of the date of the display for which the permit is sought. The application shall be in the form prescribed by the fire chief and shall set forth the name and address of the applicant, the date and nature of the event and such other information as the fire chief may reasonably require.

B. The fire chief shall grant the permit as applied for, or with conditions, unless the fire chief finds that to do so would be contrary to the public health, safety and welfare. The decision of the fire chief shall be in writing and communicated to the applicant either by mail, personal delivery, or electronically by fax or email, within twenty days of receipt of a complete application.

C. Every application for permission to conduct a public display of fireworks shall be accompanied by a nonrefundable fee in the amount established by resolution of the city council.

D. Every applicant shall agree to hold the city, its officers and employees, harmless from any and all claims for damages or other costs arising out of the activity authorized by the permit.

(Ord. 673 § 1 (part), 1993).

(Ord. No. 1001, § 1, 1-14-2014)

A. Any person, firm or corporation applying for a public display permit shall furnish to the fire chief proof of coverage by a policy of public liability and property damage insurance. The pol-icy shall provide limits of bodily injury and property damage liability of not less than five million dollars combined single limits for each occurrence annually as payment for damages to persons or property which may result from or be caused by such public display of fireworks, or any negligence on the part of the licensee or its agents, servants, employees or subcontractors presenting such public display.

B. No permit shall be issued until the permittee furnishes the fire chief with a certificate of insurance for each policy required, executed by the company issuing such policy, and approved as to form by the city attorney. Such policies shall contain a provision which includes the city as an additional insured and declaring said insurance to be primary and that no other insurance carried by an insured party shall be called upon for contribution. Notwithstanding any other provision of this chapter, the failure of the permittee to carry such policy or policies in force and to properly renew said insurance during the time covered by such permit shall automatically revoke the permit as of the date of expiration of such insurance policy or policies. An additional payment of the full amount of the permit fee required by Section 8.24.020.C shall be made to the city before any such revoked permit may be reinstated.

(Ord. 673 § 1 (part), 1993).

(Ord. No. 1001, § 2, 1-14-2014)

Editor's note— Section 2 of Ord. No. 1001, adopted Jan. 14, 2014, changed the title of § 8.24.030 from "Certain public displays—Exceptions—Liability insurance" to "Liability insurance."

A. It shall not be unlawful to possess, sell, use, display, or discharge within the city those fireworks as are defined and classified as "safe and sane fireworks" in the State Fireworks Law (Sections 12500, et seq. of the Health and Safety Code) when all of the provisions of this chapter are observed.

B. Notwithstanding subsection A of this section, it shall be unlawful to possess, sell, use, display, or discharge any fireworks, including but not limited to safe and sane fireworks, in any public park or any open space area or parcel owned by the city or as to which the city owns an open space easement.

(Ord. 887 § 2, 2004: Ord. 673 § 1 (part), 1993).

A. It shall be unlawful for any person to sell "safe and sane fireworks" within the city without having first applied for and received a city permit therefor.

B. A maximum of twenty permits shall be issued each calendar year for sale of safe and sane fireworks.

(Ord. 673 § 1 (part), 1993).

(Ord. No. 1001, § 3, 1-14-2014)

Editor's note— Section 3 of Ord. No. 1001, adopted Jan. 14, 2014, changed the title of § 8.24.050 from "Safe and sane fireworks—Exception—Permits required" to "Permit to sell safe and sane fireworks required."

The issuance of permits shall be determined by the fire chief as follows:

A. To be eligible for a permit, a preliminary application for a permit must be filed with the fire chief between February 1 to February 28 of each calendar year. A maximum of twenty permits shall be issued. The twenty nonprofit organizations which were granted permits in 2013 will be given a "grandfather provision" and will be given the opportunity to obtain a permit as long as they meet the requirements of Section 8.24.060. If the number of qualified applications from the "grandfather provision" is less than twenty, the fire chief shall conduct a random lottery drawing for the remaining permits no later than March 5. The "grandfather provision" status of the twenty nonprofit organizations will remain in effect as long as there is no lapse in continuous years of participation. If a lapse in continuous years of participation by a "grandfathered" nonprofit organization occurs, the permit will be issued through the random lottery drawing. If an original "grandfathered" nonprofit organization decides to participate again in subsequent years, they shall obtain a permit through the random lottery process.

B. After the authorized number of permits has been drawn, one applicant shall be drawn as the first alternate and one applicant shall be drawn as the second alternate. The alternates shall be offered a permit if one of the original permittees cannot meet the requirements of this section or if a permittee voluntarily surrenders the permit.

(Ord. No. 1001, § 4, 1-14-2014)

A. No permit to sell fireworks shall be issued to any person, except nonprofit organizations or corporations organized primarily for veteran, patriotic, welfare, civic betterment or charitable purposes.

B. No permit authorizing the sale of safe and sane fireworks shall be issued to any person or group unless the organization satisfies the following criteria:

1. It must have its physical address or principal or permanent meeting place within the city. The "principal or permanent meeting place" may include, but is not limited to, a permanent structure, playing field, or geographical area located within the city;

2. It has been organized and established in the city for a continuous period of at least one year immediately preceding the application for a permit;

3. It has a bona fide membership of at least twenty members who, solely or in combination, are Rocklin residents, owners of Rocklin businesses, or employees of Rocklin-based businesses or other Rocklin-based organizations or enterprises;

4. It must provide documentation of the qualifying members to the satisfaction of the fire chief; and

5. It must provide direct and regular community service and benefits to the city.

C. No organization shall submit more than one application for a permit to sell fireworks within the city. Submittal of more than one application shall be grounds for denial of all applications.

(Ord. 818 § 1, 1999; Ord. 673 § 1 (part), 1993).

(Ord. No. 1001, § 5, 1-14-2014)

Editor's note— Section 5 of Ord. No. 1001, adopted Jan. 14, 2014, changed the title of § 8.24.060 from "Safe and sane fireworks—Exception—Permits required—Prerequisite for issuance" to "Permit qualifications."

A. Final applications for permits to sell fireworks shall be submitted in writing to the fire chief on forms supplied by the city. Final applications may be filed beginning March 6 through April 1 of each calendar year at which time the filing period for that year will close. Applications shall set forth the proposed location of the fireworks stand being applied for, and any other information as may be required by the fire chief.

B. Applications shall be accompanied by a license issued by the state fire marshall in accordance with Division XI, Chapter 3 of the California Health and Safety Code, and proof of coverage by one or more policies of public liability, property damage, and product liability insurance with limits of not less than one million dollars public liability, twenty-five thousand dollars property damage, and three hundred thousand dollars products liability. No policy providing for a deductible shall be acceptable. A certificate of insurance for each policy required complying with the provisions of Section 8.24.030(B) shall be submitted to the fire chief prior to issuance of the permit.

C. Every application for a permit shall be accompanied by a nonrefundable application fee in the amount established by resolution of the city council.

D. Applicants for such permits shall be notified by April 5 of each calendar year by the fire chief for the final approval or disapproval of the applications for the permits. All organizations whose permits have been approved shall have up to and including May 1 of that year to pick up the permit.

E. Every application for a permit shall be accompanied by proof of nonprofit status, a valid business license from the city, and a California Department of Tax and Fee Administration ("CDTFA") temporary seller's permit. If a CDTFA temporary seller's permit is not available at the time of application, proof of a valid CDTFA temporary seller's permit must be provided to the city before the city will issue a permit to sell safe and sane fireworks.

(Ord. 673 § 1 (part), 1993).

(Ord. No. 1001, §§ 6—9, 1-14-2014; Ord. No. 1111, § 3, 4-9-2019)

Editor's note— Section 6 of Ord. No. 1001, adopted Jan. 14, 2014, changed the title of § 8.24.070 from "Safe and sane fireworks—Exception—Permits required—Application" to "Application for permit to sell safe and sane fireworks."

A. No person shall sell fireworks to any person under the age of eighteen. This prohibition does not extend to the transfer without consideration of safe and sane fireworks to persons under the age of eighteen years.

B. Sale of fireworks shall begin no earlier than twelve noon on June 28th and shall not continue after ten p.m. on July 4th of the same year. Sale of fireworks shall be permitted only from nine a.m. to ten p.m. daily.

C. All safe and sane fireworks shall at all times be retained and stored at the approved location of the fireworks stand. No fireworks, other than those which have been sold from the stand at retail, shall be removed from the fireworks stand to any other place within the city, except as provided in Section 8.24.110(I).

D. No person other than the permittee organization shall operate the stand for which the permit is issued or share or otherwise participate in the profits of the operation of such stand.

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

F. No person under the age of eighteen shall sell or participate in the sale of fireworks.

G. No person shall be paid any consideration by the permittee or any wholesale distributor of "safe and sane fireworks" for selling or otherwise participating in the sale of fireworks at such stand; provided, however, that compensation may be paid for security personnel during nonsale hours and to the party authorizing location of the stand on its property.

H. Each stand must have a supervisor, age twenty-one or over, in attendance and in charge when the stand is being used for the sale and display of fireworks. When the fireworks stand is not being used for the sale and/or display of fireworks, all fireworks shall be stored in a reinforced, heavy metal, fully-enclosed container, similar to a SAWDOC, walk-in type drop box or its equivalent, as approved by the fire chief, or a licensed and bonded private security guard shall be posted and remain on site until relieved by a supervisor responsible for the stand.

I. Signs utilized in conjunction with the fireworks booth shall be limited entirely to those placed on the walls of the fireworks booth structure or container. No roof-mounted signs are permitted.

J. All signs shall be attached to or hung on the walls of the fireworks booth structure or container in a sightly manner and remain in good condition at all times. Any signs damaged by wind, rain, moisture, or other cause shall be removed or replaced within twenty-four hours of the occurrence of the damage.

K. The use of portable signs, feather flags, A-frames, pennants or other similar devices shall comply with the current city of Rocklin Sign Ordinance.

(Ord. 673 § 1 (part), 1993).

(Ord. No. 1001, §§ 10, 11, 1-14-2014; Ord. No. 1111, § 4, 4-9-2019)

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

A. No fireworks stand shall be located closer than one hundred fifty feet from another stand, nor within twenty-five feet of any other building, nor within fifty feet of any gasoline fuel pump, storage tank or bulk plant.

B. Fireworks stands shall be constructed in a manner which will reasonably insure the safety of attendants and patrons. Any electrical installations shall comply with all applicable codes.

C. No stand shall have a floor area in excess of seven hundred fifty square feet.

D. Each stand shall have at least two exits. Each stand in excess of forty feet in length shall have at least three exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed twenty feet. Exit doors shall be not less than twenty-four inches wide and six feet in height and shall swing in direction of exit travel.

E. Each stand shall be provided with a minimum of two fire extinguishers. They may be either a two and one-half gallon "water type" (minimum rating 2A), or a five pound 2A 10BC multipurpose type. Each fire extinguisher shall bear a current State Fire Marshall's Office Tag and be in good working order. They shall be placed so as to be highly visible and easily accessible.

F. Fireworks stands may be located only in nonresidential zones.

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

H. "NO SMOKING" signs shall be prominently displayed on and in the fireworks stand.

I. All unsold stock of fireworks in the hands of the retailer after ten p.m. on July 4th shall be returned to the distributor or wholesaler and removed from the city within ten days. Fireworks stands shall be removed from the temporary locations by twelve noon on July 6th and all litter shall be removed from premises by that time and date.

J. No fuel-powered generator, electrical extension cords, liquid-fueled lighting or similar equipment shall be allowed within fifty feet of a fireworks stand.

(Ord. 673 § 1 (part), 1993).

Wholesale storage of fireworks shall be in a building meeting the requirements of a group H-1 occupancy as defined in the Uniform Building Code and can only be stored in the city from June 1st to July 15th.

(Ord. 673 § 1 (part), 1993).

A. It is unlawful to discharge or ignite safe and sane fireworks except during that time period beginning at twelve noon on June 28th and ending at 11:59 p.m. on July 4th of that same year or except consistent with the conditions of a permit issued pursuant to subsection B. of this section 8.24.110.

B. The city manager may, with advice of the fire chief, review and approve or deny requests for the use of safe and sane fireworks on special occasions. The city manager may impose terms and conditions upon the use of the fireworks with his/her approval.

C. It is unlawful to discharge or ignite fireworks of any type, including safe and sane fireworks, or any other combustible article, within any stand or within one hundred fifty feet of any stand.

(Ord. 673 § 1 (part), 1993).

(Ord. No. 1174, § 4, 10-10-2023)

It is unlawful to possess or drink any alcoholic beverage in or about the stand or storage site at any time.

(Ord. 673 § 1 (part), 1993).

A. The fire chief may revoke, immediately and without notice or hearing, the permit of any permittee who violates any of the following provisions: Sections 8.24.080(A), (B), (F) and (H). If the revocation occurs between June 22nd and July 5th, the chief shall inform the permittee that the permittee may seek review of the chief's decision by the city manager, or the city manager's designee, on the next business day. At the earliest opportunity on the next business day after the revocation, the chief shall provide the city manager with written notice that a fireworks permit has been revoked, including the name of the permittee and a brief statement of the grounds for revocation. The city manager, or the city manager's designee, shall meet with the permittee and the chief on that day, upon the permittee's request, to review the fire chief's decision. The decision of the city manager shall be final. If the revocation occurs before or after the specified period, the appeal procedures of subsection B of this section shall apply.

B. The fire chief may revoke the permit of any permittee who violates any provision of this article not specified in subsection A of this section. Such revocation shall not take effect for five days, during which time the permittee may seek review of the chief's decision by submitting a written request for review to the city manager. The chief shall provide the city manager with written notice that a fireworks permit has been revoked, including the name of the permittee and a brief statement of the grounds for revocation. The city manager, or the city manager's designee, shall meet with the permittee and the chief to review the chief's decision. The decision of the city manager shall be final.

C. Any permittee whose permit has been revoked, pursuant to subsections A or B of this section, shall be barred from receiving a permit under this chapter for five years from the date of revocation.

(Ord. 673 § 1 (part), 1993).

The fire chief, or the chief's designee, shall seize, take, remove or cause to be removed, at the expense of owner, all stocks of fireworks offered or exposed for sale, stored or held in violation of this chapter.

(Ord. 673 § 1 (part), 1993).

Notwithstanding any other provision of this chapter, the fire chief may suspend any permits and/or the issuance of any permits under this chapter if it finds that the public display or the sale and use of safe and sane fireworks may threaten the public health and safety due to weather or other conditions within the city and/or surrounding area, or the availability of fire suppression equipment or personnel. The fire chief may call for the suspension of permits or the issuance of permits at any time. If permits are suspended after issuance but prior to the opening of a fireworks stand for the sale of safe and sane fireworks, the permittee shall receive a refund of one hundred percent of the fee paid. The suspension shall last for the period of time specified by the fire chief or, if no time is specified, until the fire chief acts to revoke the suspension.

(Ord. 673 § 1 (part), 1993).

(Ord. No. 1100, § 3, 8-14-2018)

A. The term "host" in this section shall mean any of the following:

1. An owner of any private residential or nonresidential real property in the city; or

2. Any person who has the right to use, possess, or occupy public or private property under a lease, permit, license, rental agreement, or contract; or

3. Any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on public or private property.

B. The term "strictly liable" in this section shall mean liability for an unlawful or wrongful act regardless of a person's intent, knowledge, negligence, or lack thereof in committing the unlawful or wrongful act.

C. Any host shall be strictly liable for any unlawful ignition, explosion, discharge, use, or display of any fireworks in violation of this chapter on their property or at their gathering, except that no person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract shall be liable for a violation of this chapter occurring in the common area of the property unless the person hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering at which the violation occurs.

D. Any person having the care, custody, or control of a minor shall be strictly liable for any unlawful ignition, explosion, discharge, use, or display of fireworks by the minor in violation of this chapter.

E. Except as provided in subsection F of this section, no host shall permit or allow another person on private property, or at a gathering on public property, where the host knows or reasonably should know that the person is engaged in a violation of this chapter.

F. The provisions this section shall not apply to:

1. Conduct involving display, use, or discharge of fireworks as permitted under federal or state law;

2. A host who initiates contact with law enforcement or fire officials to assist in removing any person from the property or gathering in order to comply with this chapter.

G. Chapter 1.14 of this code shall apply to a violation of this section, except that a violation of this section shall be subject to a fine of one thousand dollars.

(Ord. No. 1174, § 5, 10-10-2023)