Santa Maria Municipal Code Ch. 6-14 Explosives and Fireworks

The manufacturing of fireworks is prohibited except when licensed by the California State Fire Marshal and permitted by the Santa Maria Fire Department. For the purpose of this chapter, the altering of any firework from its original design shall be considered manufacturing.

(Ord. 2020-01 § 1, eff. 2/16/20)

Permits issued by the Santa Maria Fire Department are required to conduct any fireworks display. Permit application to the City shall be made not less than 15 work days prior to the scheduled date of the display. At the time of permit application, the Fire Chief shall be consulted regarding the requirements for standby fire apparatus. Standby fire apparatus will be paid for by the permittee prior to the issuance of the permit.

(Ord. 2020-01 § 1, eff. 2/16/20)

The manufacture, display, sales, storage, possession, use and handling of Safe and Sane fireworks shall be in accordance with the California Code of Regulations and this Chapter.

(Ord. 2020-01 § 1, eff. 2/16/20)

Safe and Sane fireworks, as defined by Section 12529 of the California Health and Safety Code, may be sold and possessed during the period beginning at twelve noon (12:00 p.m.) on the 28th day of June and ending at eleven PM (11:00 p.m.) on the 4th day of July. Safe and sane fireworks may only be used between the hours of 11:00 a.m. and 11:00 p.m. on the 4th of July. No fireworks, other than those meeting the definition of Safe and Sane fireworks, may be possessed, manufactured, stored, sold, handled, or used without a permit issued pursuant to this Article.

(Ord. 2020-01 § 1, eff. 2/16/20)

No permits for sale of safe and sane fireworks will be issued to any person, firm or corporation except those nonprofit associations or corporations organized primarily for veteran, patriotic, welfare, civic betterment, or charitable purposes. Proof of nonprofit status may be required by producing copies of incorporation documents as registered with the Secretary of the State of California.

Each organization must have its principal and primary meeting place in the metropolitan area of the City of Santa Maria and must have been established in those limits for a minimum of two years continuously preceding the filing of the application for permit and must have a bona fide membership of at least 15 members. The metropolitan area of the City is defined to include that unincorporated county area immediately surrounding the City limits, including the township of Orcutt.

1. No organization may receive more than one permit for one location for the sale of safe and sane fireworks during any one calendar year.

2. The maximum number of permits that will be issued pursuant to this article shall not exceed one permit for each three thousand residents of the City, or fraction thereof, based on the official City census.

3. If the number of applications exceeds the number of permits to be issued, the permittees during the preceding year shall have first priority for the available permits. Those organizations applying that are beyond the maximum number of permits issued may be put on a waiting list maintained by the Santa Maria Fire Department, if they so request.

(Ord. 2020-01 § 1, eff. 2/16/20)

All applicants for a permit to sell fireworks shall:

1. The wholesale distributors shall furnish the City of Santa Maria a list of names of the organizations and the name, address, and phone number of the individual in each organization who is responsible for the retail sales of the fireworks. This list will be used to send the appropriate letters and application forms to the current list of permit applicants. The list shall be in the possession of the City of Santa Maria no later than March 25th of each year so the appropriate letter and forms may be sent to the permit applicants in a timely fashion.

2. Submit a written application to sell fireworks on the form provided by the City.

3. Submit a copy of a certificate of insurance in the amount of one million dollars ($1,000,000) for public liability and property damage, indicating riders attached to the policy designating the City of Santa Maria as an additional insured.

4. Submit a "Letter of Permission" signed by the property owner or their authorized agent permitting the organization to erect a fireworks stand on the owner's property.

5. Complete and submit all required paperwork to the City of Santa Maria on or before June 5th for sales to commence during the period June 28th to July 4th of the same year. Failure to submit a complete application package by June 5th shall be deemed a withdrawal from the fireworks sale program. Applicants who are deemed to have withdrawn from the program may apply in writing to the Fire Chief for reinstatement. The applicant shall be returned to the program on the waiting list upon demonstrating that failure to timely submit was due to excusable neglect and the applicant otherwise meets the qualifications of this Code.

(Ord. 2020-01 § 1, eff. 2/16/20)

A representative of each permittee organization shall attend a meeting to be held during June of every year. At this meeting, safety practices, legal issues, and explanation of the laws, rules, and regulations will be discussed and the permits will be paid for and issued. Wholesale distributors, or their bona fide agents, shall also be present at this meeting. Failure to attend this meeting shall be deemed a withdrawal from the fireworks sale program. Applicants who are deemed to have withdrawn from the program may apply in writing to the Fire Chief for reinstatement. The applicant shall be returned to the program on the waiting list upon demonstrating that failure to attend was due to excusable neglect and the applicant otherwise meets the qualifications of this Code.

(Ord. 2020-01 § 1, eff. 2/16/20)

Sales of Safe and Sane fireworks shall only be sold from temporary fireworks stands. Sale from any other building or structure is prohibited. Temporary fireworks stands shall be subject to the following conditions:

1. No stand shall be located within 25 feet (7.4 m) of a building or within 100 feet (31 m) of any flammable or combustible liquid or flammable gas dispensing or storage operation.

2. Fireworks stands need not comply with the Building Code. All stands must be constructed and erected in a manner that will reasonably ensure the safety of the attendants and customers. The stands are subject to inspection by the Santa Maria Fire Department at any time and decisions as to the reasonableness of safety and construction of the stand will be determined through these inspections.

3. Fireworks stands need not obtain a Conditional Use Permit.

4. All fireworks stands shall be erected on commercial or industrial zoned property within the city limits of Santa Maria only. No fireworks stand shall be constructed or erected on residentially zoned property.

5. Stand locations shall be approved by the fire department prior to construction.

6. Permittees must provide a "Letter of Permission" from the property owner or their authorized agent approving the use of the property for fireworks sale.

7. Fireworks stands in excess of 24 feet (7.3 m) in length shall have a minimum of two exits.

(Ord. 2020-01 § 1, eff. 2/16/20)

1. No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at a stand. This includes constructing, erecting, operating, or dismantling a fireworks stand.

2. While occupied, all fireworks stands shall have a minimum of one 2A rated water pressure fire extinguisher with a current service tag within the stand. The pressurized water type of fire extinguisher shall not be substituted with any other type.

3. All weeds, trash and other combustible debris shall be cleared for a distance of at least 25 feet (7.4 m) from the stand in all directions.

4. Doors of the stands shall not be locked on the outside. The door may be provided with a latch on the inside, provided it does not cause undue delay to anyone exiting in an emergency.

5. The interior of the stand shall be maintained in such a manner as to provide a clear pathway from any point inside to an exit at all times.

6. All electrical power to the stands shall be installed and maintained in a safe manner. Generators and their fuel shall be stored and operated a minimum of 25 feet (7.4 m) from the stand.

7. No heating appliance shall be permitted inside of a stand or within 25 feet (7.4 m) of a stand.

8. No motor vehicle shall be parked within 25 feet (7.4 m) of a stand.

Exception: Vehicles operated by a permitted organization to pick up or deliver fireworks may be parked within 25 feet (7.4 m) of a stand.

9. All fireworks stands shall be completely emptied of fireworks and the fireworks shall be transported to the central storage facility when the stand is not open for business.

10. No person shall sleep or otherwise occupy a fireworks stand in lieu of removing the fireworks from the stand when not open for business.

11. The temporary fireworks stand will be dismantled and removed from its location not later than the Sunday of the weekend following the 5th of July of each year. It shall be the responsibility of the permittee to remove the stand. If the removal of the stand is not accomplished by this deadline, the City of Santa Maria shall remove and store it until it is redeemed by the payment of appropriate fees and interest thereon, if applicable due to the passage of time before payment is received, for its removal and storage.

(Ord. 2020-01 § 1, eff. 2/16/20)

Storage, transportation and delivery of fireworks shall be in accordance with this Chapter.

1. Fireworks storage is authorized in only two locations: At the fireworks stands as provided herein, or at the City approved centralized storage facility.

2. Fireworks wholesale distributors are responsible for obtaining an approved central storage facility. A Fire Department permit is required for the central storage facility.

3. The central storage facility shall be located in commercial or industrial zoned areas only. The central storage facility shall not be located on residentially zoned properties.

4. Fireworks stored in the central storage facility shall be outside of a building. Fireworks shall not be stored within a building.

5. The City of Santa Maria shall not be responsible for any costs or liabilities associated with the central storage facility.

6. The central storage facility shall be enclosed by a fence not less than six feet.

a. Vehicles, trailers, or storage containers shall be placed within the storage facility so that there is a minimum distance of 20 feet (6.1 m) from the perimeter fence.

b. Vehicles, trailers, and storage containers shall be kept locked at all times except when fireworks are being loaded and unloaded.

c. The central storage facility shall be guarded by a licensed and bonded security service at all times when fireworks are stored at the facility.

d. "No Smoking" signs shall be posted on the perimeter fence and at the entrance to the central storage facility. Signs on the perimeter fencing shall be placed every 30 feet (9.1 m).

7. Fireworks shall be transported directly from the central storage facility to the fireworks stands and directly back to the central storage facility with no stops in between. Transportation shall be by wholesalers or permittees only.

8. All fireworks at the fireworks stands shall be stored and retained at the approved location during business hours. When the stands are not open for business: (1) the unsold fireworks may be transported back to the central storage facility; or (2) professional security personnel shall be present at the approved location until the booth is again open for business; or (3) the fireworks shall be securely 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.

9. The Fire Chief or his/her designee may impose additional conditions on the central storage facility when, in his or her opinion, public safety warrants them.

(Ord. 2020-01 § 1, eff. 2/16/20)

1. Definitions:

"Responsible person"

means a person or persons with a right of possession of the residence or private property at which illegal fireworks are possessed, manufactured, stored, sold, handled or used, or where Safe and Sane fireworks are possessed, manufactured, stored, sold, handled, or used in manners not authorized by this Article, including but not limited to:

i.

Any owner of the residence or other private property, meaning the records owner of the title to property as of the time of the violation of this Article, wherever that person or entity resides at the time. If the property is being leased, a landlord not living at the residence or private property can only be held responsible if they had knowledge that fireworks (including a public display) were being discharged or illegally stored on the property without a permit or where the landlord had received a notice of a violation occurring at their residence or private property the prior year, and failed to take steps to prevent a further violation of this Article; or

ii.

A tenant or lessee of the residence or other private property as of the time of the violation of this Article; or

iii.

The person(s) in charge or control of the residence or other private property as of the time of the violation of this Article; or

iv.

The person(s) who organized, supervised, officiated, conducted or controlled the gathering or any other person(s) accepting responsibility for such a gathering where the violation of this Article occurs.

"Residence" or "other private property"

means a home, yard, apartment, condominium, hotel or motel room, mobile home, recreational vehicle, car, boat or other dwelling unit, or a hall, meeting room, office, field, lot, land or building, whether occupied on a temporary or permanent basis or vacant, 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.

2. 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 of Santa Maria is required to maintain, manage and supervise the property and all persons thereon in a manner so as not to violate the provisions of this Article. The owner of the property may remain liable for such violations regardless of any contract or agreement with any third party regarding the residence or private property.

3. A responsible person need not be present at the time of the violation of this Article in order for the City to impose penalties upon such responsible person. Prior knowledge of the violation of this Article is not a pre-requisite to finding that any specific individual is a responsible person as defined by this subsection.

4. Any responsible persons as defined by this Subsection may be held liable under the Santa Maria Municipal Code, and any violations of the Santa Maria Municipal Code may be enforced against them on the same basis as if they were a responsible person as defined by Section 5-6.200(h) of the Santa Maria Municipal Code.

5. Nothing in this Subsection shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery, storage, and/or transportation of dangerous or illegal fireworks or any other provisions of the Santa Maria Municipal Code.

(Ord. 2020-01 § 1, eff. 2/16/20)

1. It shall be a violation of this Code and a public nuisance pursuant to Chapter 5-6 of the Santa Maria Municipal Code for any person to cause, allow, permit, aid or abet any discharge of fireworks (including a public display) without first having obtained a permit pursuant to this Article.

2. It shall be a violation of this Code and a public nuisance pursuant to Chapter 5-6 of the Santa Maria Municipal Code to possess, manufacture, store, sell, handle or use fireworks, including those classified as Safe and Sane, except as provided for by this Code.

3. As a public nuisance, any unpermitted discharge or illegal storage of fireworks may be summarily abated by law enforcement by all reasonable means, singularly or in combination, as allowed by the Santa Maria Municipal Code or law.

(Ord. 2020-01 § 1, eff. 2/16/20)

Any person convicted of violating the provisions of this Article is guilty of a misdemeanor, punishable as provided in Chapter 1-6 of the Santa Maria Municipal Code. Alternatively, in lieu of, or in addition to, a criminal prosecution, any violation of this Article may by punishable by the issuance of a Compliance Order pursuant to the provisions of Chapter 1-8 and/or issuance of an Administrative Citation pursuant to the provisions of Chapter 1-9 of the Santa Maria Municipal Code.