Soledad Municipal Code Ch. 8.16 Fireworks

Footnotes:

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* Prior code history: Prior code § 9-3.

A. "Guardian" means a parent, guardian or other person having the legal care, custody, or control of his or her minor.

B. "Fireworks stand" shall mean any structure of a temporary nature used in the sale, offering for sale or display of "safe and sane fireworks."

C. "Minor" means a person under the age of eighteen years for whom a responsible guardian has the legal care, custody or control.

D. "Non-profit organization" means: 1) any non-profit association, charity, or corporation organized pursuant to the Internal Revenue Code or California Revenue and Taxation Code; 2) a group which is an integral part of a recognized national organization having such tax-exempt status; 3) an organization affiliated with and officially recognized by an elementary school, middle school, and/or high school and/or school district that serves, in whole or in part, the residents of the City of Soledad.

E. "Qualified applicant" means any group or organization which has met all of the following criteria for a continuous period of not less than one full year preceding submittal of an application for a permit to sell fireworks required by this chapter and which continues to meet the criteria for the duration of any permit to sell fireworks issued by the city pursuant to this chapter:

1. The organization shall be a non-profit organization as defined in this chapter.

2. The organization must have its principal and permanent meeting place within the city.

3. The organization must have a demonstrated benefit or provide a service to the citizens of the city.

4. The organization must have a minimum bona fide membership of at least ten members who either reside in the city or are owners or operators of a business or other establishment located in the city or attest that the otherwise qualified organization has a minimum of ten volunteers that reside in the city to staff a fireworks booth.

5. The organization must not have been found by any court of competent jurisdiction or hearing administrative officer to be in violation of any civil or criminal local, state or federal law within twelve months prior to the organization's submittal of an application for a permit to sell fireworks.

6. The organization must not have had a permit to sell fireworks within the city revoked within twelve months prior to the organization's submittal of an application for a permit to sell fireworks.

7. The organization must have evidence of a valid license to perform the acts indicated on the application consistent with state law.

F. "Response and administrative costs" shall mean those reasonable and necessary costs directly incurred by public safety or other city personnel for a response to a prohibited illegal possession, storage, or discharge of fireworks, and include the cost of providing law enforcement, firefighting, or other services arising from the unpermitted illegal possession, storage or discharge of fireworks, including, but not limited to:

1. Salaries and benefits of public safety or other personnel for the amount of time spent responding to, remaining at or otherwise dealing with the illegal unpermitted possession, storage or discharge of fireworks, and the administrative costs attributable to said response(s).

2. The cost of any medical treatment to or for any public safety personnel injured responding to, remaining at or leaving the scene of the illegal unpermitted possession, storage or discharge of fireworks.

3. The cost of repairing or replacing any public safety equipment or property damage, and the cost of use of any such equipment, in responding to, remaining at, or leaving the scene of any illegal unpermitted possession, storage or discharge of fireworks.

4. The cost of transporting, storing and disposing of all confiscated fireworks, whether incurred by the city or a third-party service provider.

G. "Safe and sane fireworks" means those fireworks approved and labeled by the California State fire marshal as "safe and sane" consistent with Health and Safety Code Sections 12529 and 12562, and relevant sections of Title 19, California Code of Regulations, Subchapter 6.

(Ord. No. 722, § 2, 5-1-2019; Ord. No. 710, § 2, 4-5-2017; Ord. No. 682, § 2, 3-5-2014)

A. Fireworks, Other Than "Safe and Sane" Fireworks, Prohibited. Except as provided in this chapter, it shall be unlawful for any person, corporation, or entity to possess, store, offer for sale, sell at retail or wholesale, use, discharge, explode or permit the use on their property or property under their control any fireworks except "safe and sane fireworks" as defined herein.

B. Restrictions on Use of "Safe and Sane" Fireworks.

1. No person, shall use, fire or discharge "safe and sane" fireworks at any city park, with the exception of the Soledad Little League Park or Gallardo Park, and then only in accordance with the provisions of this chapter.

2. Safe and sane fireworks may only be used, fired or discharged in the City between the dates of June 28 to July 4, between the hours of twelve p.m. and ten p.m.

C. Public Displays. The fire chief, and/or his/her designee shall have authority to grant permits for those activities enumerated in Section 12640 of the California Health and Safety Code, including supervised public displays of fireworks by a public agency.

(Ord. No. 722, § 2, 5-1-2019; Ord. No. 710, § 2, 4-5-2017; Ord. No. 682, § 2, 3-5-2014; Ord. 658 § 1, 2008: Ord. 618 § 1, 2005: Ord. 475 § 1 (Exbt. A) (part), 1989)

A. A person who has violated the provisions of this chapter may be liable for response and administrative costs incurred in responding to the illegal unpermitted possession, storage or discharge of fireworks and the transportation, storage and disposal of all confiscated fireworks.

B. If a person who violated this chapter is a minor, the responsible guardian(s) of the minor and the minor shall be jointly and severally liable for the response/administrative costs incurred pursuant to this chapter.

C. To incur liability for response/administrative costs imposed by this chapter, a person who violates this chapter need not be present at the event that causes the response giving rise to the imposition of response/administrative costs.

D. Response/administrative costs imposed by this chapter are in addition to any other costs that may be recovered under this code.

(Ord. No. 722, § 2, 5-1-2019; Ord. No. 710, § 2, 4-5-2017)

The sale of fireworks within the city is restricted to those identified as "safe and sane," as defined herein. All such sales shall be conducted in a temporary stand or structure meeting the requirements of this chapter. Such stands may be maintained and operated only by qualified applicants, as defined in this chapter, who have obtained a permit to do so from the city.

(Ord. No. 722, § 2, 5-1-2019; Ord. No. 682, § 2, 3-5-2014; Ord. 475 § 1 (Exbt. A) (part), 1989)

Temporary stands for the sale of fireworks shall be located in an open area, free of weeds or other combustible materials, and not less than fifty feet distant from the nearest permanent building, structure, or place where combustible materials are kept and stored. The construction, installation and use of temporary fireworks stands shall be subject to those rules and regulations specified by the fire chief, and/or his/her designee. Firework stands must be installed and removed in accordance with the dates specified in the current city council resolution concerning said matter.

(Ord. No. 722, § 2, 5-1-2019; Ord. No. 682, § 2, 3-5-2014; Ord. 475 § 1 (Exbt. A) (part), 1989)

No fireworks shall be sold or offered for sale within the city except during the period from June 28 to July 3 from ten a.m. to nine p.m., and on July 4 from seven a.m. to seven p.m. inclusive, of the same calendar year. Notwithstanding, the city council may, by resolution, allow for the sale of fireworks within the city on additional dates when such sales are an appropriate part of a local, state, or national event, when the state fire marshal has authorized the sale of such fireworks and when the city's fire chief, and/or his/her designee has determined that such sales do not pose a threat to the health, safety and welfare of the citizens of Soledad when performed in accordance with the provisions of this chapter.

(Ord. No. 722, § 2, 5-1-2019; Ord. No. 682, § 2, 3-5-2014; Ord. 618 § 4, 2005: Ord. 562 § 1, 1999: Ord. 475 § 1 (Exbt. A) (part), 1989)

There shall be maintained in each premises or stand within which safe and sane fireworks are sold or offered for sale, a fire extinguisher of at least two and one-half gallons capacity which is in good order and condition and which is of a type approved by the fire chief, and/or his/her designee.

(Ord. No. 722, § 2, 5-1-2019; Ord. No. 682, § 2, 3-5-2014; Ord. 475 § 1 (Exbt. A) (part), 1989)

Notwithstanding any other provision of this chapter, during times of extreme fire danger the fire chief, and/or his/her designee, may declare that a state of fire emergency exists and may entirely prohibit the use or sale of fireworks within the city until such time as the chief, and/or his/her designee, determines that the emergency no longer exists.

(Ord. No. 722, § 2, 5-1-2019; Ord. No. 682, § 2, 3-5-2014; Ord. 475 § 1 (Exbt. A) (part), 1989)

It shall be unlawful for any person to sell safe and sane fireworks within the city without having first applied for and receiving a permit therefore from the city. Permits for the sale of safe and sane fireworks from a temporary fireworks stand may be granted by the city council upon the following conditions:

A. The maximum number of permits that will be issued to qualified applicants pursuant to this chapter during any one calendar year shall be established by resolution of the city council. In the event the number of applications exceeds the authorized number of permits, permit applications to be forwarded to the city council for consideration and approval will be chosen on a lottery basis. Drawing for permits will occur at a time and place designated by resolution.

B. Permits shall only be issued to qualified applicants, as defined in this chapter.

C. No qualified applicant may receive more than one permit for fireworks sales during any one calendar year.

D. All permits may require reasonable conditions and restrictions as prescribed by the city manager, fire chief, and/or his/her designee, and/or city council.

E. Submission:

i. All applications for permits to sell fireworks shall be submitted in writing to the city clerk on forms supplied by the city. Applications will be reviewed by staff and the fire chief and/or his/her designee.

ii. All applications must be filed no sooner than March 15 or later than April 15 of each calendar year. Late applications will not be accepted—no exceptions will be granted.

iii. All applications shall be accompanied by written assurance that, if the permit is issued to the applicant, the applicant shall, at the time of receipt of such a permit, deliver to the city an insurance certificate and endorsement evidencing coverage of bodily injury and property damage liability of not less than one million dollars combined single limits for each occurrence for damages to persons or property which may result from or be caused by fireworks, or any negligence on the part of the permittee or his/her/its agents, servants, employees or subcontractors, and naming the city, its elected and appointed officials, employees and agents as additional insureds.

iv. All applications shall be accompanied by a non-refundable application fee in an amount established by resolution.

v. Repeat applicants (an applicant granted a permit in the previous year) shall be required to submit a financial statement concerning the previous year's sales setting forth the gross receipts from the fireworks stand, all expenses incurred and paid in connection with the purchase of the fireworks and sales thereof, and how the net proceeds were or will be disbursed. The filing of such a statement shall be a condition precedent to the granting of any subsequent permit.

F. The city council shall consider the approval of permits only once each calendar year, at a regular or special meeting in May.

(Ord. No. 722, § 2, 5-1-2019; Ord. No. 682, § 2, 3-5-2014; Ord. 475 § 1 (Exbt. A) (part), 1989)

The fire chief, and/or his/her designee, may revoke the permit of any permittee who violates any provision of this chapter, or any of the terms and conditions set forth in a given permit. Revocation may constitute grounds for the denial of any subsequent permit application by the same permittee. Such revocation may be appealed to the city manager. Upon the permittee's request, the city manager, or her/his designee, shall meet with the permittee and the fire chief, and/or his/her designee, as soon after the revocation as practical, to review the fire chief s/designee's decision. The decision of the city manager shall be final.

(Ord. No. 722, § 2, 5-1-2019; Ord. No. 682, § 2, 3-5-2014)

Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than five hundred dollars nor more than one thousand dollars, or by imprisonment or in the county jail for not exceeding one year, or by both such fine and imprisonment in accordance with Section 12700 of the California Health and Safety Code. Notwithstanding the foregoing, any violation of this chapter constituting a misdemeanor may, in the discretion of the city, be charged and prosecuted as an infraction. Such infractions shall be punishable by a fine not exceeding one hundred dollars for the first violation, a fine not exceeding two hundred fifty dollars for a second violation of the same provision within one year, and a fine not exceeding five hundred dollars for each additional infraction violation of the same provision within the same year. These fines are in in addition to any response/administrative costs that may be imposed pursuant to Section 8.16.015.

(Ord. No. 722, § 2, 5-1-2019; Ord. No. 710, § 2, 4-5-2017; Ord. No. 682, § 2, 3-5-2014; Ord. 658 § 2, 2008: Ord. 618 § 8, 2005: Ord. 475 § 1 (Exbt. A) (part), 1989)

The city council is authorized to promulgate administrative regulations and procedures necessary for the successful and effective implementation of this chapter, including rules and procedures governing the submission and random selection of applications to sell safe and sane fireworks.

(Ord. No. 722, § 2, 5-1-2019; Ord. No. 682, § 2, 3-5-2014)