Sanger Municipal Code § 30-76 Permit required

Footnotes:

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Editor's note— Ord. No. 2022-05, § 2, adopted May 19, 2022, repealed the former art. IV, §§ 30-66—30-80, and enacted a new art. IV as set out herein. The former art. IV pertained to similar subject matter and derived from Ord. No. 1175, § 1, adopted Aug. 4, 2016.

This article shall be known and cited as the "Sanger Fireworks Ordinance". When the terms "this article" or "this ordinance" are used, they mean the Sanger Fireworks Ordinance.

(Ord. No. 2022-05, § 2, 5-19-22)

The most current adopted definitions set forth in the State Fireworks Law (California Health and Safety Code Sections 12500, et seq.) will define the terms used in this article unless otherwise modified herein.

Dangerous fireworks means any fireworks specified as such in Section 12505, 12508, 12561, and 12564 of the California Health and Safety Code, and includes any safe and sane fireworks altered in a manner such that they fall within the definition of dangerous fireworks.

Residence or other private property as used in this section means a home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall, meeting room, office, land or building, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, business, or location for parties or other social functions, and whether owned, leased, rented, or used with or without compensation.

Safe and sane fireworks means any fireworks specified as such in Section 12529 of the California Health and Safety Code.

Social host means any of the following:

(1) Any owner of private property as listed on the most recent assessment roll;

(2) Any person who has the right to use, possess or occupy a 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.

Strictly liable means liability for a wrongful act irrespective of such person's intent, knowledge, negligence or lack thereof in committing the wrongful act.

(Ord. No. 2022-05, § 2, 5-19-22)

No person shall ignite, use, discharge, or display any dangerous fireworks within the city without a permit issued by the fire chief or their designee pursuant to Section 12640 of the California Health and Safety Code.

(Ord. No. 2022-05, § 2, 5-19-22)

No person shall ignite, use, discharge, or display any safe and sane fireworks within the city except as allowed under this article.

(Ord. No. 2022-05, § 2, 5-19-22)

Any person having the care, custody, or control of a minor shall be strictly liable for any unlawful ignition, use, discharge, or display of dangerous fireworks or safe and sane fireworks in violation of this article.

(Ord. No. 2022-05, § 2, 5-19-22)

It is unlawful for any person, firm, corporation, association or organization to sell or offer for sale any fireworks within the city, except as expressly permitted under the terms of this article for the time period set forth in this article.

(Ord. No. 2022-05, § 2, 5-19-22)

Subject to the provisions of the state fireworks law (California Health and Safety Code, Division II, Part 2, §§ 12500—12637), and the provisions of this code and California Health and Safety Code, "safe and sane" fireworks as defined in California Health and Safety Code § 12529, may be sold within the city beginning at 12:00 p.m. on June 28 through 11:59 p.m. on July 4. Pyrotechnic displays may deviate from these restrictions subject to applicable provisions of the California Health and Safety Code, and provided they are approved by the fire chief or his or her designated representative.

(Ord. No. 2022-05, § 2, 5-19-22)

Safe and sane fireworks, defined by Section 12529 of the California Health and Safety Code, as amended ("fireworks"), may be discharged within the City of Sanger during the period beginning at 12:00 p.m. noon on June 28 and ending at 11:59 p.m. on July 4 of any year.

(Ord. No. 2022-05, § 2, 5-19-22)

It shall be unlawful for any person to ignite, explode, project, or otherwise fire or use, to permit the ignition, explosion or projection of any fireworks upon, over, or onto the private property of another, or to ignite, explode, project, or otherwise fire or make use of any fireworks within 15 feet of any residence, dwelling, or any other structure, public property, fields or waterway.

(Ord. No. 2022-05, § 2, 5-19-22)

(a) The manufacture of fireworks is prohibited within the City of Sanger.

(b) No person shall possess, sell, deliver, deal in, use, explode or fire, or cause to be used, exploded or fired, any form of fireworks designated as "dangerous fireworks" in this article.

(c) The possession, sale, delivery, dealing in, use, exploding or firing of any form of fireworks designated as "safe and sane fireworks" in this article is expressly prohibited except as allowed by this article.

(d) It shall be unlawful to store any fireworks in any residence, home, garage, vehicle or automobile in the city. It shall also be unlawful to store any fireworks in any building or other place within the city without having first applied for and received a permit pursuant to this article.

(e) No fireworks shall be stored within 100 feet of any gasoline service station or any garage located within 25 feet of any other structure. Any facility for the storage of fireworks shall maintain a minimum setback from the street curbing of ten feet.

(f) No person shall light, or cause or permit to be lighted, any fireworks, or any other Article or material, within any structure approved for fireworks storage, or within 50 feet thereof.

(g) No smoking shall be allowed in any structure that is used for storing fireworks nor within 50 feet of said structure. "NO SMOKING" signs shall be prominently displayed.

(h) Notwithstanding anything to the contrary, "Piccolo Pete", "Whistling Pete", or "Whistling Phantom" type fireworks (including other fireworks of similar design, construction and performance) shall not be manufactured, possessed, delivered, used, discharged, displayed, or sold separately or in combination with otherwise allowed fireworks. The possession, manufacture, storage, sale, handling, use, and discharge of fireworks of this type are prohibited under this article.

(Ord. No. 2022-05, § 2, 5-19-22)

No person, firm, association, corporation or organization shall sell fireworks within the city without first having obtained a fireworks permit. Issuance of a permit shall fulfill all city licensing requirements and fire safety conditions outlined by the fire department. All permit applications shall be received in the fire marshal's office by no later than 5:00 p.m. of May 1 of each year. A permit fee will apply to one booth.

(Ord. No. 2022-05, § 2, 5-19-22)

Each applicant for a fireworks permit shall file a written application within the bureau of prevention including:

(1) Fire department fireworks application form;

(2) Property use agreement form with required signatures;

(3) Certificate of liability insurance;

(4) State fire marshal fireworks retail license; and

(5) Written permission of the property owner.

A copy of the organization's non-profit status such as 501(c)(3) filing shall be attached to the application.

(Ord. No. 2022-05, § 2, 5-19-22)

(a) Nonprofit organizations, corporations or local community service organizations organized primarily for veteran, patriotic, welfare, civic betterment or charitable purposes, which can demonstrate that a majority of their financial resources and manpower are donated to projects of benefit to the total community within the city limits.

(b) No permits will be granted to any organization which has not engaged in the business of retailing "safe and sane" fireworks in the city during the current calendar year.

(c) The number of organizations allowed to sell fireworks will be a total of ten booths within the incorporated city limits up to a population of 35,000 as provided by the most current Census estimate or actual population. Once the city's population increases past 35,000 per the most current Census estimate or actual population, then one permit per additional 3,500 people will be issued.

(d) An organization that wishes to participate in the selling of fireworks must first submit a pre-application by the date and time specified in the city's public notification for the fireworks season. Once all pre-applications are submitted, a lottery will be held at a specified date and time. All organizations that wish to participate must have a representative, 18 years or older, of the organization attend the lottery. The lottery will determine organizations that are authorized to operate within the city. Two alternates will be chosen at the lottery. After the lottery, all completed applications must be turned in to the fire department by the date and time specified in the public notice. Organizations must also send a representative 18 years or older to the mandatory safety meeting to be held at the fire department on the specified date and time.

(Ord. No. 2022-05, § 2, 5-19-22; Ord. No. 2023-04, § 1, 5-18-23)

Each applicant for a permit shall file with the fire department, prior to the issuance of any permit, a policy of public liability insurance with coverage of at least $1,000,000.00.

(Ord. No. 2022-05, § 2, 5-19-22)

A permit fee, as authorized by the current master fee schedule for fireworks booth investigation must be tendered to the city upon receipt of permit from the state fire marshal's office.

(Ord. No. 2022-05, § 2, 5-19-22)

(a) Each application shall contain a description of the site desired.

(b) No booth shall be within 100 feet of any flammable liquid storage.

(c) No booth shall be placed closer than 30 feet to any building or structure.

(d) No booth shall be placed within 400 feet of another booth.

(Ord. No. 2022-05, § 2, 5-19-22)

(a) All retail sales of fireworks shall be permitted only from within a temporary fireworks booth. The sale from any other building or structure is hereby prohibited.

(b) Fireworks booths need not comply with provisions of the uniform building code; provided the booth is erected under the supervision of the local building inspector who shall require the booth be constructed in a manner, which will reasonably ensure the safety of attendant and patrons.

(c) Each booth shall have a minimum of two exit doors.

(d) All lighting appliances used in the booth must be safe and in good condition, all bulbs or fluorescent tubes must be shielded against accidental breakage or contact. No heating devices of any kind are permitted in or near fireworks booths.

(e) All electrical wiring, including the power source, shall be installed to the satisfaction of the building inspector. Electrical wiring shall be at least 12 feet above the ground when subject to foot traffic, and 16 feet above the ground when subject to vehicle traffic.

(Ord. No. 2022-05, § 2, 5-19-22)

(a) No person other than a member of the licensee organization will be permitted to sell or otherwise participate in the sale of fireworks.

(b) All permits are nontransferable.

(c) All persons engaged in the selling of fireworks shall be over the age of 18 years. At least one person 21 years of age or older must be in attendance and in charge during the hours of booth operation.

(d) Fireworks may be sold at the booth only.

(e) No sale or delivery thereof shall be made to any person under 16 years of age in accordance with California Health and Safety Code § 12689(b).

(f) All permits and licenses shall be posted inside the booth.

(g) Broken or damaged fireworks are not to be sold. The items will be collected and a receipt issued so credit may be received from the vendor.

(Ord. No. 2022-05, § 2, 5-19-22)

(a) Each stand shall be provided with two fire extinguishers, rated 2A10BC or better. Such equipment is to be serviceable and accessible during all business hours.

(b) No smoking is allowed within 50 feet of any booth.

(c) "No Smoking" signs shall be placed on all exterior sides of each booth and one such sign shall be posted within the booth.

(d) All weeds and combustible material shall be cleared from the location of the stand or within 30 feet thereof.

(e) No person shall light or cause to be lit any fireworks or other combustible article within 200 feet thereof.

(Ord. No. 2022-05, § 2, 5-19-22)

(a) If in the judgment of the fire chief or his or her agent or the building inspector or his or her agent, the construction of the booth or the conduct of the operation therein do not conform to the provisions of this Article or if in any way the operation of the stand poses a threat to public safety, such officers or either of them, may have the permit revoked and/or the booth immediately closed.

(b) No person shall sell, store, hold or possess any fireworks classified as dangerous, including fire crackers, rockets or the like, from or within any booth. If such is discovered, the permit will be revoked and the booth immediately closed.

(c) Any organization that does not provide a representative at the posted mandatory meetings forfeits its permit and an alternate will be placed.

(Ord. No. 2022-05, § 2, 5-19-22)

The fire chief or his or her designee shall seize, take, remove or cause to be removed, at the expense of the owner, all stocks of fireworks offered or exposed for sale, stored or held in violation of this section. Such seizure shall be subject to cost recovery in accordance with chapter 1, article IV of this Code.

(Ord. No. 2022-05, § 2, 5-19-22)

(a) Findings, intent and purpose.

(1) Findings. The city council, pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety and general welfare of its residents. The illegal possession, manufacture, storage, sale, handling, use, and discharge of fireworks, defined as "dangerous fireworks" in this article, on private property is harmful to and creates a threat to public health, safety, quiet enjoyment of residential property and the general welfare. While the discharge of illegal fireworks can be tied to a particular residence or property, it is often difficult to tell who at the residence or property discharged the illegal firework(s). The owner or tenant of the premises is often in the best position to control, and knows or should know of the possession, manufacture, storage, sale, handling, use, or discharge of illegal fireworks on his/her residence or commercial premises. The city council finds that in too many cases, persons having possession or control of private property where the illegal possession, manufacture, storage, sale, handling and use of fireworks occurs, have failed to ensure that illegal fireworks are not possessed, manufactured, stored, sold, handled, used, or discharged on their property. Furthermore, problems associated with the illegal possession, manufacture, storage, sale, handling, use and discharge of fireworks are difficult to prevent and deter unless the fire chief, police chief, or other designated official of the city has the legal authority to cite the owner or tenant of the premises where illegal fireworks are possessed, manufactured, stored, sold, handled, used or discharged.

(2) Intent. The intent of this section is to protect the public health, safety, quiet enjoyment of residential property, and general welfare, rather than to punish. An ordinance that imposes liability on property owners or tenants for allowing the possession, manufacture, storage, sale, handling or use of illegal fireworks on their property is necessary to deter and prevent such possession, manufacture, storage, sale, handling, use, or discharge and to deter persons who actively and passively aid, allow, or tolerate such activities on their property.

(3) Purposes. The purposes of this section are to protect the public health, safety and general welfare, to deter the possession, manufacture, storage, sale, handling, use or discharge of illegal fireworks, and to reduce the costs of providing police, fire, and other emergency response services to areas where illegal fireworks are being possessed, manufactured, stored, sold, handled, used, or discharged. These purposes are implemented by the imposition of penalties against Social Hosts who actively or passively aid, allow or tolerate the possession, manufacture, storage, sale, handling, use, or discharge of illegal fireworks on their property.

(4) Declaration. For these reasons, the city council declares that the possession, manufacture, storage, sale, handling, use, or discharge of illegal fireworks is a threat to the peace, health, safety and general welfare of the public. Such actions constitute a public nuisance as they affect at the same time the entire community of the city as well as the neighborhoods in which they occur. The nuisance created thereby presents an immediate threat to the public health and safety, warranting summary abatement by the fire chief, police chief, or other city designated official under chapter 1, article II of this code.

(b) Responsibility for proper property management. Every owner, occupant, lessee, tenant or holder of any possessory interest of a residence or other private property within the city is required to maintain, manage and supervise the property and all persons thereon in a manner so as not to violate the provision of this section. The owner of the property may remain liable for such violations regardless of any contract or agreement with any third party regarding the property.

(c) Social host liability. Any social host as defined in section 30-67 of this article shall be strictly liable for any unlawful ignition, use, discharge, or display of any dangerous fireworks or safe and sane fireworks in violation of this article.

(1) No owner of private property shall be liable under this subsection (2) for a violation of sections 30-68 through 30-69 on that property if the owner can demonstrate that at the time of such violation, they:

a. Had rented or leased the property to another;

b. Was not present; and

c. Had no prior knowledge of the violation.

(2) 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 under this subsection (2) for violations of sections 30-68 through 30-69.

(3) Nothing in this subsection (3) of section 30-88 shall limit the liability of any social host for a violation of this article by the social host.

(4) A social host need not be present at the time illegal fireworks are possessed, manufactured, stored, sold, handled, used or discharged in order for the city to impose civil money penalties upon such responsible person. Prior knowledge of the possession, use, manufacture, storage, sale, handling, use or discharge of illegal fireworks is not prerequisite to a finding that any specific individual is a responsible person as defined by this section.

(5) In the event that a juvenile hosts a gathering at a residence or other private property at which illegal possession, manufacture, storage, sale, handling, use, or discharge of fireworks occurs, then the parents or guardians of that juvenile will be jointly and severally liable for any penalties incurred pursuant to this section.

(Ord. No. 2022-05, § 2, 5-19-22)

(a) Any violations of this article are hereby declared to be punishable by administrative fines up to $1,000.00 as described in the following subsection and criminal infraction and misdemeanor charges as described below and under chapter 1, article II of this code. Causing, permitting, aiding, abetting, or concealing a violation of this article shall also constitute a violation.

(b) Administrative citation and fine. All administrative citation procedures, including appeal procedures, as set forth in chapter 1, article III of the Sanger Municipal Code shall be applicable to administrative citations issued for violations of this article. A peace officer or code enforcement officer may issue an administrative citation and fine for the violation of any of the provisions of this article as provided in chapter 1, article II of the Sanger Municipal Code, without prior issuance of a notice of violation. In addition to the proscribed penalties, and to the fullest extent permitted by law, the person shall also be responsible for all costs associated with the safe disposal of all confiscated fireworks as well as all expenses, costs, fees and fines associated with the investigation of the charges, as well as all expenses and costs associated with any emergency response, by fire, police, animal control, building and safety, and code enforcement departments as a result of a violation.

(c) Public nuisance. It is a civil violation of this article and a public nuisance constituting an immediate threat to public health and safety warranting all remedies otherwise permitted by this code including but not limited to summary abatement, for any social host to conduct or allow illegal possession, manufacture, storage, sale, handling, use, or discharge of fireworks on his/her residential or other private property. Such a violation additionally subjects any and all responsible persons to penalties specified in section 30-86 of this Code.

(d) Parents liable. In the event that a juvenile hosts a gathering at a residence or other private property at which illegal possession, manufacture, storage, sale, handling, use, or discharge of fireworks occurs, then the parents or guardians of that juvenile will be jointly and severally liable for any penalties incurred pursuant to this section.

(e) Remedies cumulative. The remedies provided by this article are cumulative and in addition to any other remedy available at law or in equity.

(f) Assessment against property for unpaid costs. The administrative costs and the cost of abatement which are charged against the owner of a parcel of land pursuant to section 30-87 of this code are subject to the cost recovery remedies set forth in chapter 1, article IV and may be assessed against the real property and may be transmitted to the tax collector for collection.

(Ord. No. 2022-05, § 2, 5-19-22)

This article is not the exclusive regulation for fireworks within the city. This article shall supplement and be in addition to the other regulatory codes, statutes, regulations, and ordinances heretofore and hereinafter enacted by the city, the State of California, or any other legal entity or agency having jurisdiction. Where allowed by law, this article supersedes any conflicting provision of the California Fire Code and Building Code.

(Ord. No. 2022-05, § 2, 5-19-22)