Villa Park Municipal Code Art. 11-2 Safe and Sane Fireworks

A. Approval of the Purchase, Sale, and Use of Safe and Sane Fireworks. The purchase, sale, and use of Safe and Sane Fireworks (as that term is defined in California Health and Safety Code Section 12529 or any successor provision thereto) in the City of Villa Park is permitted, subject to the reasonable rules and regulations which shall be established and amended by the City Council of the City of Villa Park from time to time.

B. City Council Authority to Regulate the Purchase, Sale, and Use of Safe and Sane Fireworks. The City Council is hereby granted broad authority, in its sole discretion, to establish, amend, and repeal such reasonable rules and regulations relating to the purchase, use, and sale of Safe and Sane Fireworks in the City of Villa Park. Specifically, the City Council may establish as needed, by resolution or ordinance, such reasonable rules and regulations as may be appropriate to establish, amongst other things, the qualifications of those who may sell safe and sane fireworks; the time periods in which safe and sane fireworks may be sold and discharged; the locations where safe and sane fireworks may be sold and discharged; the manner in which safe and sane fireworks may be discharged, stored, disposed of, etc.; the number of permits which may be required relating to safe and sane fireworks; and any such similar provisions to protect the public health, safety, and welfare. In addition, the City Council shall continue to have the power to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by competent operators in a manner which protects life and property in the City.

(Ord. #2014-587, § 1)

The purpose of this Article is to bring the City's regulation of the use of fireworks into compliance with the California State Fire Marshal's Department regulations and to protect and secure the public health, safety and general welfare.

(Ord. #2013-574, § 1)

"Safe and Sane Fireworks" shall be as defined in Section 12500 of the California Health and Safety Code, as that section may in the future be amended.

(Ord. #2013-574, § 1)

A. Only Safe and Sane Fireworks may be discharged within the City only on July 4 th of each year between the hours of 12:00 noon and 10:00 p.m. Individuals participating in the discharge of the Safe and Sane Fireworks are also responsible for removing and properly disposing of any debris resulting from the discharge of the fireworks.

B. Safe and Sane Fireworks may only be sold within the City by temporary stand permit holders on the dates and during the times in this section. Sales shall be between the hours of 10:00 a.m. and 10:00 p.m. during the days of June 30th, July 1st, July 2nd and July 3rd, and between the hours of 10:00 a.m. and 8:00 p.m. on July 4th of that same year. All sales of Safe and Sane Fireworks shall cease at 8:00 p.m. on July 4th, until the next calendar year.

C. No person under the age of eighteen (18) shall be allowed to purchase Safe and Sane Fireworks.

D. No person under the age of eighteen (18) shall use or discharge any Safe and Sane Fireworks within the City except when under the direct supervision and in the presence of an adult over the age of twenty-five (25), or a parent or legal guardian.

E. The discharge of Safe and Sane Fireworks shall not be permitted in the "C-N Zone," on schools' grounds, or on any public property with the exception of residential public rights-of-way located immediately adjacent to a dwelling of individuals participating in the discharge of the Safe and Sane Fireworks and only if the discharge is conducted in a safe manner to ensure public safety and traffic flow.

F. No person shall allow the use or discharge of any Safe and Sane Fireworks within thirty (30) feet of any residence, dwelling or other structure.

(Ord. #2013-574, § 1; Ord. #2018-609, § 1)

A. Except as otherwise provided herein, no person shall offer for sale or sell fireworks of any kind in the City, without having first applied for and received a temporary stand permit.

B. All applications for permits to sell Safe and Sane Fireworks shall:

1. Be made in writing, accompanied by a filing fee made payable to the City, in the amount established by resolution of the City Council, which will be used to defray the cost of administration, inspection and supervision of Safe and Sane Fireworks licensees as well as to offset the cost of the City clean up in areas in the City where Safe and Sane Fireworks are used.

2. Be submitted between the first and the last day of April each year, except when the last day falls on a day when City Hall is closed, then the following business day shall be the last day.

3. Set forth the proposed location of the temporary stand applied for in a drawing or sketch of stand's location on property showing all distances to comply with this Article. Each stand must be on private property located in the "C-N Zone", or on public land at the sole discretion of the City, or on school grounds at the discretion of the School District. A signed statement from the owner of record or designee of the property must accompany the application.

4. Be accompanied by an agreement from the manufacturer and/or wholesaler of the Safe and Sane Fireworks to defend, indemnify and hold the City harmless from any claims, liability, litigation, damages or other injuries resulting from defective Safe and Sane Fireworks.

5. Include a statement that the applicant agrees to comply strictly with the terms of any temporary stand permit granted to it and furnish any additional information upon request of the City Manager, the City Council or their authorized employees and/or representatives.

C. At the time of issuance of the temporary stand permit, the applicant must deliver to City evidence of public liability insurance in an amount not less than one hundred thousand dollars (per occurrence)/three hundred thousand dollars (aggregate) ($100,000.00/$300,000.00) and not less than fifty thousand dollars ($50,000.00) property damage insurance in the form and content required by the City, certificated, and a copy of the requisite permit from the State Fire Marshal.

D. The applicant shall comply with any and all state or county requirements applicable to Safe and Sane Fireworks, including but not limited to payment of the State Fire Marshal Fee or other applicable requirements.

(Ord. #2013-574, § 1)

The following qualifications must be met by each applicant for a temporary stand permit issued hereunder:

A. No permit shall be issued to any person, firm or corporation except non-profit associations or corporations organized primarily for civic betterment or youth activities. Such organizations, groups or individuals shall be limited to one (1) temporary stand permit per year.

B. Each such organization must have its principal and permanent meeting place within the corporate limits of the City, must maintain a bona fide membership of at least twenty (20) Villa Park resident members, and must have been organized and established in the City's corporate limits for a minimum of one (1) year continuously preceding the filing of the application for the temporary stand permit.

C. No organization shall receive more than one (1) temporary stand permit for Safe and Sane Fireworks sale during any one (1) calendar year. One (1) temporary stand permit may be issued to two (2) or more qualifying applicants as a joint venture, but such joint venture may only operate one (1) stand. The maximum number of temporary stand permits which may be issued pursuant to this Article during any one (1) calendar year shall not exceed three (3).

D. The Villa Park Community Services Foundation, Friends of the Villa Park Library, Villa Park Rotary and Villa Park Women's League shall be issued one (1) temporary stand permit each year, to be shared as a joint venture, so long as those organizations continue to meet all of the terms and conditions of this Article. If these conditions are not met, the temporary stand permit will be forfeited for that year and issued according to the requirements and procedures set forth elsewhere in this Article.

E. The schools (SE, VPE, CVMS, VPHS) Parent Faculty Student Organizations shall be issued one (1) temporary stand permit each year, to be shared as a joint venture, so long as it continues to meet all of the terms and conditions of this Article. If these conditions are not met, the temporary stand permit will be forfeited for that year and issued according to the requirements and procedures set forth elsewhere in this Article.

F. The balance of the available temporary stand permits shall be issued by lottery to the remaining non-profit or not-for-profit organizations that qualified under the terms of this Article. The lottery, if necessary, shall take place at a City Council meeting.

(Ord. #2013-574, § 1)

A. No person other than the permitted organization(s) shall operate the stand for which the temporary stand permit 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 permitted organization(s), or the spouses or adult children of such members, shall sell or otherwise participate in the sale of Safe and Sane Fireworks at such stand(s) except that in no instance shall a person under the age of eighteen (18) years be permitted to sell or otherwise participate in the operation of the stand.

C. No person shall be paid any consideration by a fireworks company or the non-profit organization for selling or otherwise participating in the sale of Safe and Sane Fireworks at a stand.

D. All Safe and Sane Fireworks sales must be made from within a temporary stand, and sales from any other building or structure are prohibited.

E. No person shall light, cause or permit to be lighted any "Safe and Sane Fireworks", matches, or any other material within one hundred (100) feet of such temporary stand.

F. Each temporary stand must have an adult, over the age of twenty-five (25), in attendance and in charge thereof while fireworks are stored therein. Sleeping or remaining in the temporary stand after close of business each day is forbidden. No person under the age of eighteen (18) shall be permitted within any temporary stand.

G. All unsold stock and accompanying litter shall be removed from the temporary stand location by 5:00 p.m. on July 6 th .

H. Each temporary stand must have one or more designated persons over the age of twenty-five (25), who will act and serve as a watchperson for the temporary stand during all hours when the temporary stand is not in operation selling "Safe and Sane Fireworks." The designated person must be pre-approved by the City Manager or designee, prior to the installation of the temporary stand at the designated location. The designated person will remain outside but within eyesight of the temporary stand.

I. Each organization operating or participating in a temporary stand shall submit to the City a financial statement of actual sales and profit by 5:00 p.m. on August 31 of the same calendar year following the sale, unless that day falls on a day when City Hall is closed, then the following business day shall be the last day. Failure to comply with this requirement may result in revocation of future permit eligibility for such organization.

(Ord. #2013-574, § 1)

A. Each temporary stand shall obtain a safety inspection and clearance from the City and Orange County Fire Authority (OCFA) prior to opening.

B. No change of stand locations will be permitted without prior approval from City and OCFA.

C. Temporary stands need not comply with the provisions of the Building Code, provided, however, all stands shall be erected under the supervision of the Building Official, and must be constructed in a manner that will reasonably ensure the safety of attendants and patrons.

D. No temporary stand shall be located within twenty-five (25) feet of any other building or within one hundred (100) feet of any gasoline pump.

E. No temporary stand shall be located closer than twenty (20) feet from the shoulder of any public road or highway.

F. No temporary stand shall have a floor area in excess of three hundred (300) square feet.

G. Each temporary stand must have at least two (2) unobstructed exits; and each stand in excess of forty (40) feet in length must have at least three (3) unobstructed exits spaced approximately equidistant apart, provided, however, that in no case shall the distance between the exits exceed twenty-four (24) feet.

H. Each temporary stand shall maintain two (2), two and one-half (2½) gallon "water pressure" type or 2A10BC dry chemical type fire extinguishers, underwriter approved, in good working order, with up-to-date inspection tag, and easily accessible for use in case of fire.

I. All weeds and combustible materials shall be cleared from the location of the temporary stand and for a distance of at least fifty (50) feet from any point of the temporary stand.

J. "No Smoking Within 100 Feet" signs must be prominently displayed on the temporary stand.

K. If stands are operated at night, only electric lights may be used and the wiring shall meet the requirements of the California Building Code. Minimum separation between generators and temporary stand is twenty (20) feet.

L. Each temporary stand shall display on the interior and exterior a sign of at least ten (10) square feet stating that 1) discharge of fireworks is only legal within the City limits between the hours of 12:00 noon and ten (10) p.m. on July 4 th , and 2) stating that the minimum age to purchase Safe and Sane Fireworks is eighteen (18) years of age.

M. Each person making a purchase at a temporary stand shall be given a City-approved flyer designating rules and safety guidelines for discharge of "Safe and Sane Fireworks."

N. There shall be no drinking or storage of alcoholic beverages in or around a temporary stand at any time.

O. No temporary stand may be erected or constructed on any premises prior to June 15 th . The temporary stand shall be removed, and the site cleared by 12:00 noon on July 7 th .

P. City approved barricades sufficient to prevent the parking of motor vehicles within twenty (20) feet of any temporary stand shall be provided and maintained.

Q. A City approved sign stating that the use of Safe and Sane Fireworks is not legal in many counties and cities shall be prominently displayed on the temporary stand.

(Ord. #2013-574, § 1)

A. Organizations permitted by the City for Safe and Sane Firework sales are required to obtain a temporary sales tax permit from the State Board of Equalization. The organization shall comply with all sales tax requirements and remit to the proper authorities required sales tax payments.

B. The temporary sales tax permit and the City permit to sell Safe and Sane Fireworks must be displayed in a prominent place in the stand.

(Ord. #2013-574, § 1)

A. The City Manager or designee, or any public safety officer, may immediately suspend a permit and close a temporary stand, upon determining that the operation of the stand creates an imminent or substantial danger to the public health, safety or welfare.

B. The City Manager or designee may revoke any temporary stand permit when it is determined that the permittee has: (i) failed to comply with any provisions of this article; (ii) violated any condition of its temporary stand permit; (iii) operated or is operating a temporary stand in a manner which causes or threatens to cause a danger to public health, safety or welfare.

C. Upon revocation of any temporary stand permit, the City Manager or designee at his or her discretion, may grant another temporary stand permit to another eligible organization that had previously submitted a completed application for that permitting year, provided the total number of valid permits granted for that permitting year shall not exceed the number authorized by this article.

(Ord. #2013-574, § 1)

Any person violating any provision of this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of five hundred dollars ($500.00), or imprisonment not to exceed one hundred eighty (180) days, or both fine and imprisonment. Further, the temporary stand permit of any permittee who violates or permits any provision of this Article to be violated shall be revoked and the permittee shall not be entitled to receive a temporary stand permit for a period of three (3) years thereafter.

(Ord. #2013-574, § 1)

Editor's note— Ord. #2014-587 § 2, adopted November 4, 2014, repealed § 11-2.11, which pertained to expiration of ordinance and derived from Ord. #2013-574 and Ord. #2013-583.