Chapter 9.18 — FIREWORKS

No person, other than as permitted in this chapter, shall explode any rocket, firecracker, Roman candle, torpedo, torpedo cane, black cartridge or other combustible device or explosive substance, or any kind of fireworks, by whatsoever name known, within the city; provided, that public displays of fireworks may be given with permission of the city council under a competent director who understands explosives, with the exception of Safe and Sane Fireworks, as described in Section 9.18.030 of this code and in Section 12529 of the Health and Safety Code.

(Ord. 201 §1, 1980; Ord. 357 §1, 2015)

Permission may be given by the city council for the use of fireworks on special occasions. This permission may be given upon the recommendations of the chief of police and the fire chief, and given upon terms and conditions contained in such recommendation.

(Ord. 201 §2, 1980; Ord. 357 §1, 2015)

No person shall sell or offer for sale or expose for sale at retail for use within the city, any squib, rocket, firecracker, Roman candle or fire balloon or other explosive type fireworks, or any article for making of a pyrotechnical display within the city; except that such fireworks as are defined and classified as "Safe and Sane Fireworks" in Section 12529 of the Health and Safety Code may be sold or used within the city limits.

(Ord. 201 §3, 1980; Ord. 357 §1, 2015)

It is unlawful for any person, firm or corporation to sell fireworks, except those defined in section 9.18.030, with the city without having first applied and received a city permit therefor.

(Ord. 201 §4, 1980; Ord. 357 §1, 2015)

A.

No permit shall be issued to any person, firm or corporation, except nonprofit organizations or corporations organized primarily for veteran, patriotic, welfare, civic betterment or charitable purposes.

B.

Each such organization must have its principal and permanent meeting place within the city limits and must have been organized and established in an area which is presently within the city limits for a minimum of one year continuously preceding the filing of the application for the license and must have a bona fide membership of at least twenty members.

(Ord. 201 §5, 1980)

A.

All applications for permits shall be in writing to the assessor-collector, license division, on forms supplied by the city.

Application shall set forth the proposed location of the fireworks stand being applied for.

Applications shall be accompanied by an assurance that if the license is issued to the applicant, the applicant shall, at the time of receipt of such license, deliver to the city clerk a three hundred thousand dollar public liability, and a one hundred thousand dollar property damage insurance policy, and products

liability insurance of three hundred thousand dollars with riders attached to the policies designating the city as an additional insured thereunder, and no policy will be acceptable which contains a provision allowing a deductible amount.

Applicants shall furnish such other data or information as may be required relating to the issuance of such fireworks permits.

B.

Applicants for such permits shall be notified on March 15th of each calendar year except for the first year after the effectiveness thereof, by the license division of the approval or disapproval of permit. All organizations whose permits have been approved shall have up to and including May 15th of that year to pick up the permit and pay a license fee in an amount to be determined from time to time by council resolution.

(Ord. 201 §6, 1980)

A.

No person other than the licensee organization shall operate the stand for which the license is issued or share or otherwise participate in the profits of the operation of such stand.

B.

No person other than the individuals who are members of the licensee organization, or the wives or husbands or adult children of such members, shall sell or otherwise participate in the sale of fireworks at such stand.

C.

No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at such stand.

(Ord. 201 §7, 1980)

All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is prohibited. Temporary stands shall be subject to the following provisions:

A.

No fireworks stand shall be located within twenty-five feet of any other building nor within fifty feet of any gasoline station.

B.

Fireworks stands need not comply with the provisions of the city building code; provided, however, that all the stands shall be erected under the supervision of the inspector who shall require that stands be constructed in a manner which will reasonably insure the safety of attendants and patrons.

C.

No stand shall have a floor area in excess of seven hundred and fifty square feet.

D.

Each stand must have at least two exits, and each stand in excess of forty feet in length must have at least three exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed twenty feet. Exit doors shall be not less than twenty-four inches wide and six feet in height and shall swing in direction of exit travel.

E.

Each stand shall be provided with fire extinguishers, in good working order and easily accessible for use in case of fire, and of a type approved by the Sutter Creek Fire District.

(Ord. 201 §8, 1980)

A.

Stands in excess of two shall not be located closer than six hundred feet apart.

B.

All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least twenty feet surrounding the stand.

C.

"No smoking" signs shall be prominently displayed on the fireworks stand.

D.

Each stand must have an adult watchman in attendance and in charge thereof which the stand is being used for the sale, dispensing, or storage of fireworks.

E.

The sale of fireworks shall not begin before twelve noon on June 28th and shall not continue after twelve midnight on July 5th.

F.

All unsold stock of fireworks in the hands of the retailer after twelve midnight on July 5th, shall be returned to the distributor or wholesaler and removed from the city within one week. On closing stands, all litter shall

be removed from premises.

G.

Wholesale storage of fireworks shall be in a building meeting the requirements of the group E-1 occupancy as defined in the California Building Code and can only be stored in the city from June first to July twelfth.

(Ord. 201 §9, 1980; Ord. 357 §1, 2015; Ord. 373, §2, 2023)