Santa Ana Municipal Code § 14-76 Exceptions

For purposes of this article "dangerous fireworks" shall mean "dangerous fireworks" as defined in the state fireworks law and the regulations of the state fire marshal adopted pursuant thereto, as they may from time to time be amended.

(Ord. No. NS-1727, §§ 1, 2, 4-16-84)

For purposes of this article "safe and sane fireworks" shall mean "safe and sane fireworks" as defined in the state fireworks law and the regulations of the state fire marshal adopted pursuant thereto, as they may from time to time be amended.

(Ord. No. NS-1727, §§ 1, 2, 4-16-84)

No person, firm, or organization shall manufacture, store, display, sell, offer for sale, possess, discharge, explode, fire, or set off any dangerous fireworks within the City of Santa Ana.

(Ord. No. NS-1727, §§ 1, 2, 4-16-84)

No person shall discharge any safe and sane fireworks except on the days that sales are permitted each year as set forth in section 14-55 below.

(Ord. No. NS-1727, §§ 1, 2, 4-16-84)

No person shall display, sell, or engage in the business of selling safe and sane fireworks without first having obtained a permit to do so as hereinafter provided. No person shall sell any type of fireworks at any time except from 12:00 noon through 10:00 p.m. on July 1st; from 10:00 a.m. through 10:00 p.m. on July 2nd and 3rd; and from 10:00 a.m. through 9:00 p.m. on July 4th of any year.

(Ord. No. NS-1727, §§ 1, 2, 4-16-84; Ord. No. NS-2469, § 2, 5-21-01; Ord. No. NS-2767, § 2, 5-19-08; Ord. No. NS-2810, § 67, 11-15-10; Ord. No. NS-2865, § 3, 6-17-14; Ord. No. NS-2866, § 2, 7-1-14)

Editor's note— Ord. No. NS-2810, § 67, adopted November 15, 2010, changed the title of section 14-55 from "Permit for sale of safe and sane fireworks; hours of sale" to "Sale of safe and sane fireworks; hours of sale."

(a) Permits for the sale of safe and sane fireworks shall be issued only to: (i) organizations officially affiliated with and officially recognized by an elementary school, middle school, high school, community college, and/or school district which is located within the boundaries of the City; or (ii) bona fide nonprofit organizations as recognized by the State of California organized for charitable, fraternal, patriotic service or religious purposes located within the City limits and primarily benefiting the Santa Ana community, with their principal and permanent meeting place within the City of Santa Ana, and at least seventy-five (75) per cent of the members or youth members for sports related organizations residing within the city limits. Each such organization shall have been organized and established within the City's corporate limits for minimum of one (1) year continuously preceding the filing of the permit application.

(b) Permits for the sale of safe and sane fireworks shall limit each sponsoring organization to a single location in any given year. If more than one permit application is submitted, the City may disregard one, or all, of the permit applications at its sole discretion.

(c) Such permits shall expire on July 4th at 8:00 p.m. of the year of issuance.

(Ord. No. NS-1727, §§ 1, 2, 4-16-84; Ord. No. NS-2810, § 68, 11-15-10; Ord. No. NS-3058, § 3, 2-20-24)

The number of fireworks booths allowed to operate in the City of Santa Ana will be limited to a maximum of eighty-five (85) booths. Organizations that received a permit to operate a firework booth in the previous year will have their operational permit automatically renewed as long as the organization still meets the requirements listed in section 14-56, and have not had any violations of these regulations during the past operational season.

If the number of returning organizations is less than eighty-five (85) the open fireworks booth operation positions shall be filled by lottery during the following year fireworks season.

Lottery applications for a permit to operate a fireworks booth in the City of Santa Ana must be received at the City of Santa Ana no later than 5:00 p.m. on April 15th of the year the permit is to be issued. Lottery applications must be complete and all supporting documents included with the application. Lottery applications need not have the booth location, State Fire Marshal permit, or insurance documents submitted until after the lottery is drawn.

If the firework coordinator determines that a lottery is to be run the lottery will be drawn on the first working day after April 20th.

Returning organization applications and the remaining documentation for selected lottery groups must be received at the City of Santa Ana no later than 5:00 p.m. on May 1st of the year the permit is to be issued.

All fireworks booth permit applications submitted with insufficient information or missing documentation must be corrected before May 31st of the same year, or the first working day after May 31st if May 31st lands on a weekend.

(Ord. No. NS-1727, §§ 1, 2, 4-16-84; Ord. No. NS-2522, § 80, 2-3-03; Ord. No. NS-2810, § 69, 11-15-10; Ord. No. NS-2851, § 69, 11-18-13)

The fee for such permit shall be established by resolution of the city council.

(Ord. No. NS-1727, §§ 1, 2, 4-16-84; Ord. No. NS-2810, § 70, 11-15-10)

Editor's note— Ord. No. NS-2810, § 70, adopted November 15, 2010, changed the title of section 14-58 from "Fee; expiration of permit" to "Fee."

It shall be unlawful for any person to sell safe and sane fireworks to anyone under eighteen (18) years of age.

(Ord. No. NS-1727, §§ 1, 2, 4-16-84)

(a) Any person operating a fireworks stand shall abide by and comply with the provisions of this article and other reasonable conditions and restrictions which may be required by the fireworks coordinator prior to granting the permit.

(b) No temporary stand may be erected or constructed on any premises [prior] to June 15th of any year.

(Ord. No. NS-1727, §§ 1, 2, 4-16-84; Ord. No. NS-2851, § 70, 11-18-13)

(a) Prior to erecting any such stand, the permittee shall deposit an amount to be set by resolution of the city council, or post a bond in such amount, with the City of Santa Ana to assure the city that the permittee will remove the stand, equipment, materials, and all rubbish from the premises upon which the stand is located, to the satisfaction of the fireworks coordinator, before midnight, July 11th, of the year for which such permit is granted.

(b) If the stand, equipment, materials, and rubbish are removed within the said period of time to the satisfaction of the fireworks coordinator, its City or its agents or employees, the said cash or bond shall be returned to the permittee.

(c) If the premises are not put in proper order, as determined by the fireworks coordinator, the city or its agents or employees may enter upon the property to do everything necessary to clear the premises, and said cash or bond shall be forfeited as liquidated damages for breach of condition subsequent to the permit. As a condition to the permittee's acceptance of the permit, it is expressly agreed that the city or its agents shall have authority to enter upon the premises to carry out the provisions of this section.

(Ord. No. NS-1727, §§ 1, 2, 4-16-84; Ord. No. NS-2810, § 71, 11-15-10; Ord. No. NS-2851, § 71, 11-18-13)

Prior to erection of such stand, the permittee shall procure public liability and property damage insurance covering its operation in and about said stand and premises in such minimum amounts as shall be set by resolution of the city council. The permittee shall file a certificate of such insurance with the application for permit.

(Ord. No. NS-1727, §§ 1, 2, 4-16-84)

No such stand shall be erected within one hundred (100) feet of any gasoline station or commercial garage or within forth (40) feet of any structure. Minimum setback from the street curbing shall be twenty (20) feet, but no such stand shall be less than six (6) feet back from the inside edge of the sidewalk.

The firework coordinator may cause any temporary fireworks stand located within the City of Santa Ana to be moved to a different location based upon health and safety concerns.

(Ord. No. NS-1727, §§ 1, 2, 4-16-84; Ord. No. NS-2522, § 81, 2-3-03; Ord. No. NS-2851, § 72, 11-18-13)

There shall be maintained within each stand a 2A rated fire extinguisher.

(Ord. No. NS-1727, §§ 1, 2, 4-16-84)

There shall be at least one person eighteen (18) years of age or older on duty within each stand at all times during the hours the stand is open. No children under the age of eighteen (18) years shall be permitted within the stand at any time.

(Ord. No. NS-1727, §§ 1, 2, 4-16-84)

No one shall be allowed to sleep within any fireworks stand at any time.

(Ord. No. NS-1727, §§ 1, 2, 4-16-84)

(a) There shall be no vehicle parking or parking of gasoline generators or any type of flammable liquid containers within twenty (20) feet of any stand.

(b) Barricades sufficient to prevent the parking of motor vehicles within twenty (20) feet of any stand shall be provided and maintained.

(Ord. No. NS-1727, §§ 1, 2, 4-16-84)

No person shall light, cause or permit to be lighted any fireworks, matches, or any other material within twenty-five (25) feet of such stand.

(Ord. No. NS-1727, §§ 1, 2, 4-16-84)

No smoking shall be permitted in any structure used for storage or sale of fireworks nor within twenty-five (25) feet thereof. "No Smoking" signs shall be prominently displayed in a number prescribed by the City of Santa Ana and/or fire authority having jurisdiction, visible on all sides of the structure.

(Ord. No. NS-1727, §§ 1, 2, 4-16-84; Ord. No. NS-2851, § 73, 11-18-13)

Electrical circuits, wiring, devices and lighting are prohibited in temporary stands unless such installation has been made under a valid electrical permit obtained at the Santa Ana Planning and Building Agency. No permit shall be required for battery-operated portable lighting devices.

(Ord. No. NS-1727, §§ 1, 2, 4-16-84; Ord. No. NS-2810, § 72, 11-15-10; Ord. No. NS-2851, § 74, 11-18-13)

Each fireworks stand shall have a minimum of two (2) exits. Exits shall be at least thirty (30) inches in clear width. All exit doors shall remain unlocked at all times when stands are occupied. Exit doors shall be openable from the inside without the use of a key or any special knowledge or effort. There shall be maintained a thirty-inch clear aisleway from all parts of the stand to exit doors.

(Ord. No. NS-1727, §§ 1, 2, 4-16-84)

All trash shall be removed from the premises and the fireworks stand each evening at the close of business and at regular intervals during hours of operation.

(Ord. No. NS-1727, §§ 1, 2, 4-16-84; Ord. No. NS-2810, § 73, 11-15-10)

Fireworks shall be stored and sold only in temporary fireworks stands erected solely for such purpose. It shall be unlawful to store or sell fireworks in any building, residence, garage, home, automobile, trailer, or other vehicle within the City of Santa Ana, except for temporary storage of small quantities in the residence of the purchaser during the period of permitted sale as defined in section 14-55.

(Ord. No. NS-1727, §§ 1, 2, 4-16-84)

Notwithstanding any other provisions of this article, the fireworks coordinator at his or her discretion may grant permits for public displays of fireworks under his or her supervision. Applications for such public display permits shall be filed with the fireworks coordinator not less than fifteen (15) days before the public display and shall be accompanied by a detailed statement of the pyrotechnic devices to be used in display. If such permit is granted, no pyrotechnic devices shall be discharged except as listed in the statement and the fireworks coordinator may, in granting such permit, eliminate from said statement of pyrotechnic devices, any items as he or she deems hazardous or an unacceptable risk to public safety. Such public display shall be under the supervision of the fireworks coordinator or such persons as he or she shall designate. The fee for the public pyrotechnic display permit shall be established by resolution of the city council. Such display shall be held at the place and time as designated in the permit. The application for such permit shall comply with the provisions of Title 19 California Code of Regulations, Chapter 6; Fireworks. The denial of an application may be appealed to the uniform code appeals board.

(Ord. No. NS-1727, §§ 1, 2, 4-16-84; Ord. No. NS-2810, § 74, 11-15-10; Ord. No. NS-2851, § 75, 11-18-13)

Any fireworks that remain after the public display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining.

(Ord. No. NS-1727, §§ 1, 2, 4-16-84)

Nothing in this article shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination or the sale or use of blank cartridges for a show or theater performance, or for signal purposes in athletics or sports, or for use by military organizations.

(Ord. No. NS-1727, §§ 1, 2, 4-16-84; Ord. No. NS-2810, § 75, 11-15-10)

The fire authority having jurisdiction shall seize, take, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks offered or exposed for sale, or held in violation of this articles.

(Ord. No. NS-1727, §§ 1, 2, 4-16-84; Ord. No. NS-2851, § 76, 11-18-13)

No persons shall sell, store, display, or discharge any fireworks of any type in any public oil or gasoline station, or on any premises where gasoline or other flammable liquids are stored or dispensed. No person shall sell, store, display, or discharge any fireworks of any type in any permanent structure, nor within forty (40) feet of the same, except that any purchaser may discharge fireworks in conformance with these regulations in front of his own residence.

(Ord. No. NS-1727, §§ 1, 2, 4-16-84; Ord. No. NS-2810, § 76, 11-15-10)

No person shall throw, lob, toss, shoot or otherwise discharge any fireworks toward any other person or in any other manner which threatens the safety of persons or property.

(Ord. No. NS-2051, § 15, 5-7-90)

Editor's note— Ord. No. NS-2760, § 70, adopted December 3, 2007, repealed § 14-86 in its entirety, which pertained to amendments to appendices, and derived from Ord. No. NS-2522, §§ 82, 83, adopted February 3, 2003.