Chapter 8.08 — FIREWORKS

Notwithstanding the provisions of the Fire Code of the City, adopted and found in Chapter 8.04, safe and sane fireworks, as defined in Section 12529 of the California Health and Safety Code, may be sold in the City pursuant to the provisions of this section and not otherwise. (Prior code § 17.17(a))

• A. Required. No person shall offer for sale or sell at retail any fireworks of any kind in the City without having first applied for and received a permit therefor.

• B. Applications and Accompanying Data. Applications for permits required by the provisions of subsection A of this section shall:

  1. Be made in writing on forms provided by the City and accompanied by an application fee of $25.00 which shall be nonrefundable and set forth:

     • a. The name and address of the applicant and the name of each of the principal officers of the organization, with the residence and business address and telephone number of each.

     • b. Written evidence of the applicant's nonprofit status as a Section 501(c)(3) organization under the Internal Revenue Code.

     • c. The date of organization of the applicant and length of continual existence.

     • d. The purpose for which the applicant primarily exists and for which it was organized.

     • e. The applicant's intended use for any funds realized from the sale by such organization.

     • f. The proposed location of the fireworks stand applied for together with two copies of a plot plan showing its location in relation to existing structures and the public right-of-way and parking and loading spaces.

     • g. The name and address of the owner of the designated location of the fireworks stand. The applicant shall supply a copy of a recorded deed evidencing its ownership of the designated location, or an executed lease, rental, or license agreement evidencing that the applicant has legal authority to locate and operate a fireworks stand at the designated location.

     • h. A statement that the person signing the application has read and is familiar with the terms of this section regarding the nature of the permit granted, the location of fireworks stand, and the permitted times of storage and sale of fireworks at such location.

     • i. A statement that the applicant agrees to comply strictly with the terms of any permit granted to it and to account to the City for transactions engaged in pursuant to the permit and for the use and distribution of funds realized from the holding of such permit.

     • j. The signatures of the presiding officer of the organization and one additional officer of the organization.

  2. Be filed with the Fire Department administration office not earlier than March 1st nor later than April 1st of the year for which the permit is sought.

  3. Be accompanied by a certified copy of valid retail sales license, as defined in Section 12574 of the California Health and Safety Code, issued by the State Fire Marshal pursuant to Article 2 of Chapter 5 of Part 2 of Division 11 of the California Health and Safety Code.

4. Be accompanied by an assurance that if the permit is issued to the applicant, the applicant, at the time of the receipt of such permit, shall deliver insurance policies to the City in the amounts of $1,000,000.00 for the bodily injury or death of any one person, $2,000,000.00 for the bodily injury or death of two or more persons in any one occurrence, $1,000,000.00 for damages to property resulting from any one occurrence, and $1,000,000.00 for products liability. Such policies shall designate the City as an additional insured.

   5. Be accompanied by a deposit of $250.00 to cover the cost of removing all litter and cleaning up the vacated location of the fireworks stand on or before 12:00 noon on July 6th. If the permittee cleans and removes litter by 12:00 noon on July 6th, the City will refund the deposit to the permittee. If the permittee does not clean and remove litter from the property by 12:00 noon on July 6, the City will cause the litter to be removed and the property to be cleaned at the permittee's expense. If the litter removal and cleanup cost is less than the deposit, the City will refund the difference to the permittee. If the cost is greater, the permittee shall be liable for and pay the difference to the City.

   6. Permittee agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees, agents, and volunteers from and against any and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties, fines, defensive costs or expenses, including, without limitation, interest, attorneys' fees and expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or omissions of permittee, or permittee's officers, employees, or agents which in any way arise out of, result from, or are in any way related to the performance or nonperformance of the permit, excepting only liability arising out of the sole negligence or willful misconduct of the City, its officers, officials, employees, agents, or volunteers.

• C. Investigation and Report. The Fire Marshal shall undertake an investigation and submit a report of his or her finding(s) and his or her recommendation(s) concerning the issuance of a permit, together with his or her reasons therefor, to the City Council.

• D. Granting—Denial—Notices. The City Council may grant or deny permits required by the provisions of subsection A of this section, subject to such reasonable conditions, if any, as it shall prescribe. The City Council shall grant no more than three permits per year on a first-come, first-serve basis, as reported to the City Council by the Fire Marshal pursuant to the provisions of subsection C of this section. The Fire Marshal shall notify applicants for such permits of the granting or denial of their permit applications on or before the second Monday in May of each calendar year.

• E. Upon approval of such application, the applicant shall complete the following prior to issuance of a permit:

1. Pay a permit fee of $200.00 that supports site and fireworks stand inspections by Building and Fire Department inspectors.

   2. Forward a copy of the application and plot plan to the Fire Marshal who shall review the location of the proposed fireworks stand for compliance with existing fire regulations and a determination of adequate parking facilities are available on the site to support existing businesses, visitors and workers. The Fire Marshal shall report his or her findings to the City Council on or before the last day of April or the first Council meeting following that date of the year of application.

2. Upon final inspection by appropriate departments and compliance with these regulations, a permit shall be granted by the Fire Department.

(Prior code § 17.17(b)—(e))

• A. The permits required by the provisions of Section 8.08.020(A) shall be issued only to Section 501(c)(3) nonprofit corporations, organized primarily for charitable or civic betterment purposes. Each such organization shall have its principal and permanent meeting place in the City, shall have been organized and established in the City's postal area for a minimum of one year continuously preceding the filing of the application for the permit, and shall provide substantial services to organizations located in the City or to persons residing in the community.

• B. In addition to the requirements set forth in Section 8.08.020(B), applications for permits required shall also be accompanied by:

  1. Documentation evidencing services provided by the nonprofit corporations to organizations located in the City or to persons residing in the community; and

  2. Copies of the nonprofit corporations' articles of incorporation. Bylaws may be considered an organizing document only if they are properly structured (includes name, purpose, signatures, and intent to form an organization). Permits shall not be issued to nonprofit corporations that do not have organizing documents.

• C. General Provisions.

  1. The permittee shall use the net proceeds derived from its operations under such permit only for such nonprofit, charitable, or civic betterment projects that shall be of direct benefit to the City and for no other purpose. Specifically, such net proceeds shall not be used: (a) to support political activities (including, but limited to contributions to legal defense organizations); (b) for property-related expenditures (including, but not limited to, mortgage payments and property taxes) related to properties located outside of the City; (c) for contributions to national or regional organizations (contributions to Vernon-based units of such organizations are permitted if the funds will be expended locally as required by this section); or (d) for any other purpose unrelated to a service project that directly benefits the City. The Director of Finance or a designated representative shall have final authority to determine whether each use of such net proceeds complies with this provision.

2. On or before March 1st the returning applicant shall report with the Director of Finance or a designated representative giving a description of such service project(s) together with an accounting of the funds derived from the sale of fireworks for the previous year. The applicant shall fully expend the net proceeds derived from its operations, in accordance with the provisions of Section 8.08.010, prior to filing of the report. The Director of Finance may grant an extension, not to exceed one year, for the expending of the proceeds upon receiving satisfactory proof that the funds are earmarked for specific service projects that will take place after the March 1st filing date. No such extension shall be granted unless the applicant specifically identifies the proposed expenditures and the projected date(s) of completion. Upon completion of such service projects, the applicant shall file an amended financial report that accounts for the use of the proceeds.

   3. No one organization may receive more than one permit for a fireworks stand during any one calendar year.

   4. No organization shall receive a permit for a fireworks stand if such organization received a permit for the previous year and has failed to file the report required in subsection (C)(2) of this section.

   5. Every fireworks stand operator (nonprofit organizations selling fireworks) shall designate two or more responsible individuals who shall attend a fireworks stand operators safety seminar and orientation session, which is conducted by the wholesale distributors of fireworks. Such seminar shall be subject to prior review by, and shall incorporate recommendations of the Fire Department. Failure of an organization to have two or more responsible individuals attend said safety program and orientation session shall be grounds for revocation of the organization's eligibility for a fireworks stand permit in the City that year. Representatives of the organization that have proof of previously attending a safety seminar and orientation session are exempt.

3. All permits shall expire at 12:00 noon on the sixth day of July.

(Prior code § 17.17(f), (g))

• A. The permits required by the provisions of subsection B of Section 8.08.020 shall authorize the retail sale of safe and sane fireworks, as defined in Section 12529 of the California Health and Safety Code, only during the period of 12:00 noon on the 28th of June to 10:00 p.m. on the 4th of July of the same calendar year. This time period shall be known as the "fireworks sales period." During the fireworks sales period, no fireworks shall be sold before 7:00 a.m. or after 10:00 p.m.

• B. No permittee shall at any time sell safe and sane fireworks within City parks or on any lot or parcel of land owned by the City.

• (Prior code § 17.17(h))

The following provisions shall govern the use of fireworks stands:

• A. Only nonprofit corporations permitted pursuant to the provisions of this chapter shall operate the stand for which the permit was issued or share or otherwise participate in the profits of the operation of such stand.

• B. All permits and licenses shall be posted in a conspicuous place within the fireworks stand.

• C. No person, other than individuals who are members of the permittee nonprofit corporation, or the adult immediate family members of such members, shall sell or otherwise participate in the sale of fireworks at such stands.

• D. No fireworks shall be sold to a person who is under the age of 16 years.

• E. No person under the age 18 shall sell, or otherwise participate in the sale of fireworks at such stands.

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

• G. Permittees shall instruct personnel who handle fireworks, in any capacity, in the hazards of and safety procedures relating to fireworks as contained in Chapter 6 of Division 1 of Title 19 of the California Code of Regulations.

• H. The sale of safe and sane fireworks shall be permitted only from within temporary fireworks stands, and such sales from any other building or structure are hereby prohibited. Such temporary stands shall be subject to the following:

  1. Fireworks stands shall not be located within 25 feet of any other building or within 100 feet of any location where gasoline or any other flammable liquids are stored or dispensed.

  2. Fireworks stands shall be a minimum of five feet to any sidewalk or 15 feet from curbing where no sidewalk exists.

  3. Fireworks stands need not comply with the provisions of the building code of the City; provided, however, all stands shall be erected under the supervision of the Building Inspector who shall require that the stands be constructed in such a manner which will reasonably insure the safety of the attendants and patrons. Building and electrical permits shall be required, and inspections shall be made before such stands are used.

  4. No stand shall have a floor area in excess of 260 square feet.

  5. Each stand in excess of 24 feet in length shall have at least two exits, and each stand in excess of 40 feet in length shall have at least three exits spaced approximately equal distances apart; provided, however, in no case shall the distance between exits exceed 24 feet.

  6. Each stand shall be provided with at least two, two and one-half-gallon water-type fire extinguishers in good working order and easily accessible for use in case of fire. All fire extinguishers must have been serviced within the last 12 months by a

California State licensed fire extinguisher service company with an inspection tag attached.

7. The site shall have a minimum of 10 parking stalls available for the use of the fireworks stand not including those that the stand or ancillary facilities are placed on. No vehicle parking is allowed within 10 feet of fireworks stand.

   8. All weeds and combustible material shall be cleared for a distance of 50 feet surrounding the fireworks stand.

   9. All trash shall be removed from the premises and the fireworks stand each evening at the close of business. No trash dumpsters are allowed within 10 feet of the stand.

   10. The premises in and around the stand shall be maintained in a clean, neat, and orderly condition at all times, and is free from any condition that would create a safety hazard or fire nuisance as defined in Section 12510 of the California Health and Safety Code.

   11. No person shall light, or cause or permit to be lighted, any fireworks or any other article or material within any such stand, or within 50 feet thereof.

   12. No smoking shall be allowed in any structure used for the sale and display of fireworks nor within 50 feet of said structure. "No Smoking" signs shall be prominently displayed both inside and outside of the fireworks stand. Signs shall be positioned at the entrance to and inside fireworks stands and at such other locations as designated by the Fire Marshal. Lettering shall be red in color on a white background. Letters shall be at least three inches in height with a stroke of at least one-half inch.

   13. The permittee shall provide an adult night watchman to act and serve during the hours of storage. Under no circumstances shall the night watchman sleep within the fireworks stand.

   14. Vehicles used for sleeping shall be parked at least 25 feet from the fireworks stand.

   15. No alcoholic beverages shall be allowed on the premises. No person who is under the influence of alcoholic beverages shall enter, or be allowed in, the sales booth.

   16. Each stand shall be subject to inspection and any additional conditions imposed by the Fire Marshal.

• I. Permittees shall remove or cause the removal of graffiti on their stands within 24 hours of a permittee's actual or constructive notice of such graffiti, or within 24 hours of receipt of oral or written notice from the City of graffiti on the stand.

• J. Permittees may store unsold stock in a place and manner approved by the City Fire Marshal until 12:00 noon on July 6th, and all accompanying litter shall be cleared from such locations on or before such time and date.

• K. Fireworks stands shall be removed from their temporary locations on or before 12:00 noon on July 10th.

(Prior code § 17.17(i))

• A. Any person violating any provision of this chapter shall be subject to the punishment set forth in this section. Any person knowingly or intentionally misrepresenting to any officer or employee of the City, any material fact in procuring the license or permit herein provided for, shall be guilty of a misdemeanor. In addition thereto, any such misrepresentation or violation shall constitute grounds for revocation of the license or permit by the City Council, on 24 hours' notice to the permittee, or if any such violation is committed in the presence of the Fire Marshal, or any other City officer, the City Administrator shall be empowered, upon receiving a written and signed report thereof from any such officer, to close any such fireworks sales booth or stand forthwith. The Fire Marshal shall revoke permits for just cause where a fire nuisance exists or where personal injury may occur.

• B. Penalties for Violation. A 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 $500.00 or more than $1,000.00, or by imprisonment in the County Jail for not exceeding one year, or by both fine and imprisonment. A person is guilty of a separate offense for each day during which he or she commits, continues, or permits a violation of this chapter.

• C. Responsibility. Any person who personally or through another willfully, negligently, or in violation of law sets a fire, allows a fire to be set, or allows a fire kindled or attended by such person to escape from his or her control, allows any hazardous material to be handled, stored or transported in a manner not in accordance with nationally recognized standards, allows any hazardous materials to escape from his or her control, neglects to properly comply with any written notice of the Fire Chief, or willfully or negligently allows the continuation of a violation of the Fire Code and amendments thereto is liable for the expense of fighting the fire or for the expenses incurred during a hazardous materials incident, and such expense shall be a charge against the person. Such charge shall constitute a debt of such person and is collectible by the public agency incurring such expenses in the same manner as in the case of an obligation under a contract, express, or implied.

• (Prior code § 17.17(j)—(l))

• A. It is unlawful for any person to discharge, fire or set off any blank, or loaded shell, or cartridge, firecracker, or fireworks within the City.

  1. The City Council may grant permits for public displays of fireworks. Any such permit shall be submitted in accordance with the requirements set forth in Section 8.08.020.

  2. Applications for permits shall include the time, the place where, and the hours between which such public display may be made.

  3. The provisions of this section shall not apply to any such public display of fireworks given pursuant to any such permit if the same is given at the time and place, between the hours and by the person, firm, corporation, or association named therein.

• B. It is unlawful for any person, firm, or corporation to sell, or to cause or permit to be sold, any blank cartridge, firecracker, or fireworks within the City without obtaining a permit pursuant to Section 8.08.020.

• C. Any person, firm or corporation, who shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $500.00 or more than $1,000.00, or by imprisonment in the County Jail for not exceeding one year, or by both fine and imprisonment. A person is guilty of a separate offense for each day during which he or she commits, continues, or permits a violation of this section.

(Prior code § 17.17-1)

CHAPTER 8.12 SOLID WASTE MANAGEMENT AND RECYCLING