South El Monte Municipal Code Ch. 8.08 Fireworks

A. California Health and Safety Code ("H&S Code") Sections 12500 through 12728 regulate dangerous fireworks.

B. In addition to the state regulations set forth in the H&S Code, it is unlawful for any person to possess dangerous fireworks in the amount of twenty-five pounds or less (gross weight including packaging). The city shall impose a one thousand dollar administration fine for each violation, in accordance with the procedure set forth in Chapter 1.14. Where applicable, cost reimbursement to the office of the State Fire Marshal and the collection of disposal costs shall be part of the administrative fine in accordance with regulations adopted by the State Fire Marshal. Fines collected are not subject to the disbursement required by H&S Code Section 12796.

(Prior code §5-18-1; Ord. 1011 §1, 1999; Ord. 1205 §1, 2016)

Safe and sane fireworks as defined by Health and Safety Code Section 12529 may be sold and discharged in accordance with the provisions of this chapter during the period of June 30 to July 4. If July 4 is a Sunday, fireworks may be sold and discharged on July 5. In addition, fireworks may be discharged on the Friday, Saturday and Sunday immediately preceding July 4 if these days are not included within the dates of June 30 to July 4 in any year.

(Ord. 1186 §1, 2014; Ord. 1187 §1, 2014; Ord. 1205 §2, 2016)

No person shall sell fireworks within the city without first having applied for and received a permit therefor in compliance with the terms of this chapter.

(Prior code §5-18-3)

Upon receipt of written application for a permit pursuant to the provisions of this chapter, the city administrator shall make an investigation and submit to the council a report on his or her findings and his or her recommendations for or against the issuance of a permit, together with his or her reasons therefor. After receipt of such recommendations and report, the council shall have the power, in its discretion, to grant or deny the application. Any permit granted by the council may be subject to such reasonable conditions and restrictions as may be imposed by the council and such conditions and restrictions shall be complied with by the permittee. The council shall require a cash deposit with the clerk in the sum of one hundred dollars for each twenty-four feet used by the applicant as a condition of granting a permit. Such deposit shall be refunded to the permittee upon compliance with subsection B of Section 8.08.080 of this Code, but such deposit shall be forfeited and retained by the city in the event of noncompliance with such subsection.

(Prior code §5-18-4)

A. During any calendar year, not more than one permit shall be issued to any one person and not more than eight permits shall be issued during any calendar year. Not more than one fireworks stand shall be authorized by any permit. Permits may be issued under this chapter only to:

1. A local post, chapter or unit, territorially limited to and situated exclusively within the city, and which is a chartered unit of a duly constituted and nationally chartered organization of United States War Veterans.

2. A service club which meets regularly within the city, is chartered by a national or international service organization, and has been so chartered within the city for at least one year prior to making application for a permit under this chapter.

3. A locally established chapter, troop or post of a nationally chartered nonprofit youth character and training organization.

4. A service organization supporting or affiliated with a public or private school if at least twenty-five percent of the students reside in South El Monte.

5. A service organization supporting or affiliated with an established church located within the city.

B. Organizations that have previously obtained a permit pursuant to this chapter and who have complied with all regulations applicable to such permit shall have priority over new applicants. New applicants shall have priority in accordance with the time of their filing of applications for permits.

(Prior code §5-18-5; Ord. 774 §1, 1986; Ord. 952 §1, 1994)

Application for a permit shall include the following:

A. The application shall be made in writing;

B. The application shall be filed with the city administrator on or before April 1st of each year; provided, however, that the city council may for good cause shown extend this time;

C. The application shall set forth the proposed location of any and all fireworks stands applied for, and the length thereof;

D. The application shall be accompanied by an assurance that if the permit is issued to the applicant, the applicant shall, at the time of receipt of such permit, deliver to the city an insurance policy in the amounts of one hundred thousand dollars/three hundred thousand dollars public liability and fifty thousand dollars property damage, with a rider attached to the policy designating the city as an additional insured thereunder;

E. The application shall be accompanied by an application for processing fee of twenty-five dollars;

F. The name of the applicant and the applicant's principal place of business or meeting place;

G. The names and the addresses of the officers of the applicant;

H. Facts sufficient to establish the applicant's eligibility for permit under Section 8.08.050 of this Code;

I. The applicant's State Board of Equalization sales tax permit number.

(Prior code §5-18-6)

The net proceeds of the sale of fireworks under a permit issued pursuant to this chapter shall be expended solely for charitable purposes within the city. Charitable purposes shall include, but not be limited to, participation on or financial support of civic and city oriented projects. Charitable purposes shall likewise include the purchase, construction, renovation and furnishing of premises used or to be used as a regular meeting place of any such permittee. Prior to September 1st of the calendar year during which a permit is issued pursuant to this chapter, the permittee shall file with the administrative officer an itemized account of the receipts and expenditures made in connection with the purchase and sale of fireworks under such permit. Prior to, or concurrent with, the filing of an application for a permit under this chapter, the applicant will, if he or she has had a prior such permit, file an accounting of the disbursements of the net proceeds shown by his or her accounting made pursuant to the preceding sentence. No permit will be issued to any person or organization which has previously obtained such a permit and has failed or refused to file any of the proceeds of the sale of fireworks in any manner or for any purpose other than as specified in this section.

(Prior code §5-18-7; Ord. 899 §1, 1991)

No person shall sell fireworks in the city unless he or she possesses a valid permit so to do. No person selling fireworks in the city shall fail to comply with any provisions of this chapter, any regulation adopted or promulgated pursuant to this chapter, or any condition upon which a permit was issued pursuant to this chapter.

A. The insurance policy required specified in subsection D of Section 8.08.060 shall be filed with the city.

B. All regulations set forth in the "Standard Specifications for Fireworks Stands" on file in the office of the administrative officer.

C. All requirements of the Fire Marshal and building official.

D. Such further requirements as the city council may impose in approving the issuance of a permit.

(Prior code §5-18-8)

A. Every permittee and every person engaged in the sale of fireworks shall comply with each provision of Section 8.08.080 and every regulation referred to therein or issued pursuant thereto. Violations of any provision of Section 8.08.080 or of any regulation referred to therein or promulgated pursuant thereto shall be a misdemeanor and shall constitute a violation of this section.

B. Fireworks stands need not comply with the provisions of the building code of the city; provided, however, that all stands shall be erected under the supervision of the inspector who shall require the stands to be constructed in a manner which will reasonably ensure the safety of attendants and patrons, and any stands constructed shall have an electrical permit from the city. If, in the judgment of the fire department or the building inspector the construction of the stands or the conduct of the operators therein do not conform to the provisions of this chapter such officers, or either of them, may order the stands immediately closed.

(Prior code §5-18-9)

In addition to the imposition of penalties pursuant to California Health and Safety Code Sections 12700— 12702 and any other remedies provided by state law, any violation of Sections 8.08.020—8.08.090 may be enforced by civil action brought by the city, including, but not limited to:

A. Administrative citations pursuant to Municipal Code Chapter 1.14.

B. Injunctive relief.

C. Nuisance abatement.

The city may recover of costs and attorney fees incurred in enforcing this chapter.

(Ord. 1186 §1, 2014; Ord. 1205 §3, 2016)