Stanton Municipal Code Ch. 17.04 Safe and Sane Fireworks

A. It is unlawful for any person, firm or corporation to sell, display, dispose of, give away, store, keep or stock, or to discharge, explode, fire or set off any fireworks in the city except in strict accordance with the terms and conditions of this chapter. For purposes of this chapter, the terms "fireworks" or "safe and sane fireworks" shall have the meaning as set forth in Part 2 of Division 11 of the California Health and Safety Code.

B. It is unlawful to sell fireworks to any person under the age of eighteen years.

C. No person under the age of eighteen years shall purchase any fireworks, including safe and sane fireworks.

D. No person under the age of eighteen years shall discharge any fireworks, including safe and sane fireworks, except when under the direct supervision and in the presence of an adult.

(Ord. 759 § 2, 1994; Ord. 774 § 2, 1995; Ord. 935 § 2, 2007)

A. Licenses provided by this chapter shall be issued only to nonprofit organizations or corporations which have obtained tax-exempt status from the State Franchise Tax Board and which are organized primarily for veteran, patriotic, social welfare, civic or business betterment, fraternal, religious or charitable purposes.

B. Each such organization shall have a principal place of business, principal meeting place or a location for the conduct of its primary activities within the city limits and shall have been established and licensed under Chapter 5.04 (if required) within the city continuously for a minimum of one year prior to the filing of the application for the license.

C. Licenses provided by this chapter shall be issued only to organizations which qualify pursuant to the requirements set forth in this section. Each applicant organization shall submit a verified statement with its application describing and confirming its compliance with this subsection.

(Ord. 759 § 2, 1994; Ord. 774 § 2, 1995)

A. Applications for licenses shall be filed on forms provided by the city with the office of the city manager not later than the end of business day of the first Thursday in May of the year in which the application is made. A deposit in an amount equal to the license fee established by resolution of the city council shall be submitted with the application. The deposit shall be refunded in the event the organization is not licensed by the city council.

B. The application shall be accompanied by all documentation required by the city manager and shall include but not be limited to the following: proof of general liability insurance coverage, the certified statement required by Section 17.04.020(C), documentation demonstrating tax-exempt status, a seller's permit issued to the organization requesting the application, and a written statement describing the benefits the organization provides to the community which will be used by the city council to make the determination on whether to grant a license.

C. The application shall be signed by an authorized officer or director of the organization who shall warrant to the city the veracity of all statements contained therein. If any material statement in the application is determined by the city manager to be false or misleading, he or she may forthwith revoke the license issued by the city council. Written authorization from the nonprofit organization authorizing the named individual to apply for a license on behalf of the organization shall also be provided.

D. The city manager shall review all applications for sufficiency and completeness within ten days of filing and promptly notify applicants of any defects, disqualifying factors or omissions. All applications and required accompanying documentation shall be in final form and shall be filed in the office of the city manager by five p.m. on May 8th. The city manager shall not be required to accept any additional documentation after May 8th but may request information clarifying or additionally explaining the applicant's proposal.

E. All organizations meeting the requirements for a license under this section shall be prequalified by the city manager provided they comply with the filing and compliance schedule set forth in this chapter.

(Ord. 759 § 2, 1994; Ord. 774 § 2, 1995; Ord. 1033 § 2, 2015)

A. The license issued by the city council shall permit the sale of safe and sane fireworks only on July 1st from twelve noon to ten p.m. and from July 2nd through and including July 4th, from nine a.m. to ten p.m.

B. Every licensee shall be responsible for continuing compliance with all the terms and conditions contained in the license. In this regard, each licensee shall designate a responsible contact person who will be in attendance at the licensed stand or on-call from the time the stand is erected and until it is removed and the site location is cleaned to the satisfaction of the city.

C. No licensee shall sell any fireworks except from inside the licensed stand.

D. No person other than individuals who are adult members of the licensee organization, or their approved adult volunteers, shall sell or otherwise participate in the sale of fireworks. At all times during sales hours at least one adult member of the licensee organization must be located at the stand to oversee operations.

E. All licensees shall also:

1. Not install or locate a stand on the licensed premises before June 20th and shall cause it to be removed and the site location cleaned on or before July 8th;

2. Provide the city with proof of public liability, property damage and product liability insurance with policy limits of at least one million dollars per occurrence and naming the city as an additional insured for the duration of the license;

3. Provide the city with written consent of the owner of the property where the stand is to be located;

4. Provide the city with a sales tax permit issued to the organization by the State Board of Equalization;

5. Provide the city with a detailed report on revenue, expenditures and net profit earned by the organization in the sale of fireworks. The report shall be submitted to the city manager's office by the end of business day on the fourth Thursday in September of each year. Failure to submit the report shall be grounds for denial of any future fireworks sales license;

6. Provide the city with a bond or other surety device in an amount established by the city council and sufficient to assure removal of the structure and cleanup of the site.

F. Sales shall be made only from freestanding structures erected and located solely for the purpose of fireworks sales.

G. Fireworks stands shall comply with standards adopted by the city manager which may include size of stands, structure material, building code compliance and signage.

H. The city manager may call meetings of all licensees to describe the licensing process and to provide information with regard to city and county requirements. The failure of any licensee to attend meetings or meet established deadlines shall constitute grounds for nonacceptance of the application or revocation of the license by the city manager.

I. Licenses are not transferable or assignable, and are only valid for the dates specified in the permit and are subject to all conditions set forth in the permit.

(Ord. 759 § 2, 1994; Ord. 774 § 2, 1995; Ord. 1033 § 3, 2015)

A. The city council shall in its sole discretion determine the organizations to which licenses will be granted in accordance with this chapter. Such determination shall be made at a regular or special meeting of the city council in accordance with procedures established by the city council.

B. The city council may, but shall not be required to, issue up to eight licenses for the sale of fireworks in the city.

C. In determining the organizations to be licensed the council shall consider the following factors:

1. Only organizations prequalified by the city manager pursuant to Section 17.04.040(E) shall be considered;

2. The contributions the organization has made or is proposing to make to the city's civic pride or betterment; youth activities and programs; care or assistance to the elderly, infirm or disabled; assistance to or support of the business community, charitable efforts and any other community contributions deemed beneficial by the city council;

3. The location and suitability of the premises where the organization proposes to operate;

4. Other factors deemed appropriate by the city council.

(Ord. 759 § 2, 1994; Ord. 774 § 2, 1995)

All applicants for a license to sell safe and sane fireworks in the city shall comply with all requirements imposed by the Orange County fire authority.

A. The city shall provide applicants with copies of said requirements.

B. An Orange County fire authority permit shall be required and all required fire authority fees shall be paid and all inspections shall be completed before commencement of sales.

C. All stands and personnel involved in sales shall at all times be in compliance with the Orange County fire authority requirements for public fireworks stands.

(Ord. 759 § 2, 1994; Ord. 774 § 2, 1995)

It is unlawful for any person, firm or corporation to discharge any fireworks, including safe and sane fireworks, except as follows: safe and sane fireworks may be discharged between July 1st and July 4th between the hours of ten a.m. and eleven p.m.

(Ord. 982 § 2, 2011)

A. It is unlawful for any property owner or person in control of property to allow any person to sell, possess, ignite, explode, project, or otherwise fire or make use of fireworks on the property owned by such person or under the control of such person in violation of this chapter, irrespective of whether the property owner or the person in control of the property had the intent or knowledge of such violation or otherwise acted negligently. Thus, said violation is hereby expressly declared a strict liability offense. In addition to any other penalties provided by law, any person who commits a violation of this section shall be subject to an administrative fine in the amount set forth in this chapter. A property owner or person in control of property shall not be in violation of this section if they seek immediate assistance from the Stanton police services or Orange County sheriff's department to report a violation of this chapter.

B. When the property owner or person in control of property did not sell, possess, ignite, explode, project, or otherwise fire or make use of fireworks on the property, penalties under this chapter may be assessed against both the property owner or person in control of the property and the person who did sell, possess, ignite, explode, project, or otherwise fire or make use of fireworks on the property. Nothing in this section shall be interpreted to limit liability and penalties under any other violations present under this Code, state law, federal law, or any other applicable law, rule, provision, or regulation.

(Ord. 1163, 4/22/2025)

Every person, firm or corporation who applies for and receives an administratively-issued "block party permit," or similar license or approval required by the city to close a street or otherwise reserve or use a piece of city property shall comply with all conditions imposed upon the issuance of such permit, license or approval, including but not limited to taking all reasonable efforts necessary to ensure that dangerous fireworks are not used at said event. A violation of this condition of such permit, license or approval shall be subject to a separate administrative fine under the provisions of this chapter. Likewise, any person, firm or corporation that fails to obtain any "block party permit", license or other such approval from the city when such person is so required by this code shall be subject to a separate administrative fine under this chapter as well as an additional administrative fine if dangerous fireworks are used at and during said event.

(Ord. 1066 § 3, 2017)

A. It is unlawful for any person, firm or corporation to use or discharge any fireworks, including safe and sane fireworks, as defined in Part 2 of Division 11 of the California Health and Safety Code, within the following areas of the city:

1. Any public property, including, but not limited to, public streets, highways, alleys, sidewalks, parks or other publicly owned property, buildings or facilities without an administratively-issued "block party permit";

2. Any property within a commercial district of the city (defined in Section 20.215.010 of this code) except for any nonconforming residential use within such district used for residential purposes as of the effective date of the ordinance codified in this section;

3. Any property within an industrial/manufacturing district of the city (defined in Section 20.220.010 of this code) except for any nonconforming residential use within such district used for residential purposes as of the effective date of the ordinance codified in this section.

B. Nothing in this section shall preclude the use or discharge of safe and sane fireworks, consistent with this chapter, on appropriate privately owned areas within a residential district (defined in Section 20.210.010 of this code) or the presentation of any public fireworks display authorized by the city.

C. It is unlawful for any person, firm or corporation to possess, sell, use, discharge, and/or display any dangerous fireworks, as defined in Part 2 of Division 11 of the California Health and Safety Code, at any time and within any area of the city with the exception of pyrotechnic licensees conducting business while holding a current valid license issued pursuant to Chapter 5 of Part 2 of Division 11 (commencing with Section 12570) of the California Health and Safety Code.

(Ord. 910 § 2, 2005; Ord. 1066 § 4, 2017)

It is unlawful for any person, firm or corporation to sell, offer for sale, store, display or discharge any fireworks of any type in any public oil or gasoline station, or on any premises where gasoline or other inflammable liquids are stored or dispensed.

(Ord. 759 § 2, 1994; Ord. 774 § 2, 1995)

The violations of any of the provisions of this chapter shall constitute a misdemeanor, and the penalty for violation shall be as set forth in Section 1.10.030 of the Stanton Municipal Code.

(Ord. 759 § 2, 1994; Ord. 774 § 2, 1995; Ord. 1163, 4/22/2025)

In addition to, or in lieu of the penalty set forth in Section 17.04.090, any person, firm or corporation violating the provisions of this chapter may be issued an administrative citation by an enforcement officer in accordance with the provisions of Chapter 1.12 of this code. The administrative fine for a violation of this chapter shall be assessed in the amount provided as follows:

A. Each person, firm or corporation who violates any provision of this code as it relates to the use, discharge, storage, sale, display and/or possession of less than twenty-five pounds of dangerous fireworks shall be subject to the imposition and payment of an administrative fine or fines as provided below:

B. Each person, firm or corporation who violates any provision of this code as it relates to the storage, sale, display and/or possession of more than twenty-five pounds and less than one hundred pounds of dangerous fireworks shall be subject to the imposition and payment of an administrative fine or fines as provided below:

C. Each person, firm or corporation who violates any provision of this code as it relates to the storage, sale, display and/or possession of more than one hundred pounds and less than five thousand pounds of dangerous fireworks shall be subject to the imposition and payment of an administrative fine or fines as provided below:

D. Each person, firm or corporation who violates any provision of this code as it relates to the storage, sale, display and/or possession of more than five thousand pounds of dangerous fireworks shall be subject to the imposition and payment of an administrative fine or fines as provided below:

E. A person, firm or corporation who fails to obtain a block party permit, license or approval from the city when such a person is required by this code shall be subject to administrative fine or fines under this chapter.

F. Any person, firm or corporation who does obtain an administratively-issued block party permit, license or approval from the city where there was a condition imposed upon the issuance of such block party permit, license or approval requiring the person to make all reasonable efforts necessary to ensure that "dangerous fireworks" are not used at said event and said person is said to be in violation of the permit by virtue of the fact that there were dangerous fireworks used at said event shall be subject to the imposition and payment of an administrative fine or fines as provided below:

G. Each person, firm or corporation who uses safe and sane fireworks on or at dates, times and/or locations other than those permitted by this chapter shall be subject to the imposition and payment of an administrative fine or fines as provided below:

H. Each property owner or person in control of property who allows any person to sell, possess, ignite, explode, project, or otherwise fire or make use of dangerous fireworks on the property owned by such person or under the control of such person in violation of this chapter, as provided in Section 17.04.072, shall be subject to the imposition and payment of an administrative fine or fines as provided below:

I. Each property owner or person in control of property who allows any person to sell, possess, ignite, explode, project, or otherwise fire or make use of safe and sane fireworks on the property owned by such person or under the control of such person in violation of this chapter, as provided in Section 17.04.072, shall be subject to the imposition and payment of an administrative fine or fines as provided below:

J. In the case of a violation relating to dangerous fireworks, the citee shall be required to abate the violation and surrender all dangerous fireworks to the enforcement officer, immediately.

K. Payment of the administrative fine shall not excuse or discharge a citee from the duty to immediately abate and correct a violation of the code, nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of this code.

L. In the case of a violation of Section 17.04.072, each sale, possession, ignition, explosion, projection, or otherwise firing or use of fireworks on a property shall be treated as a separate and distinct offense that is subject to a separate penalty. For example, if five dangerous fireworks were found to have been sold, possessed, ignited, exploded, projected, fired, or otherwise used at the same property on the same day, the property owner or person in control of the property may be subject to five separate penalties for each separate and distinct offense under this chapter.

(Ord. 935 § 4, 2007; Ord. 940 § 4, 2007; Ord. 1066 § 5, 2017; Ord. 1163, 4/22/2025)

Fines collected pursuant to this chapter shall be subject to California Health and Safety Code Section 12726, which provides that sixty-five percent of all administrative fines or penalties collected by the city shall be forwarded to the Controller of the State of California for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund, as described in Health and Safety Code Section 12728.

(Ord. 1066 § 6, 2017)