Visalia Municipal Code Art. 1 Regulation of Fireworks

This article is intended to regulate activities related to the permitting, use, and sale of fireworks within the City of Visalia.

(Ord. 2017-05 § 2 (part), 2017)

Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings:

“Active list” means the current list of eligible organizations that qualify for the opportunity to obtain a permit to sell safe and sane fireworks with in the city.

“Citation” means an administrative citation issued pursuant to this chapter to remedy a violation.

“Citee” means any person served with an administrative citation charging him or her as a responsible person for violation.

“City” means the City of Visalia.

“Code” means the Visalia Municipal Code.

“Code Enforcement Officer (CEO)” means any employee or agent of the City of Visalia authorized to enforce any provision of this code.

“Dangerous fireworks” means any fireworks specified as such in the State Fireworks Law, currently the California Health and Safety Code Sections 12500 et seq. and such other fireworks as may be determined to be dangerous by the State Fire Marshal.

“Eligible organization” means any local nonprofit organization whose principal place of business is located in the city of Visalia and which is exempt from federal income tax pursuant to the provisions of Internal Revenue Code Section 501(C) (3), (4), (6), (7), (8), (10), or (19).

Organizations authorized to sell safe and sane fireworks prior to the effective date of this ordinance, must have their principal place of business located within the boundaries of the Visalia Unified School District.

“Hearing officer” means the person appointed by the City Manager or his or her designee to serve as the hearing officer for administrative hearings hereunder.

“Operational Permit Fee” shall mean the Firework Stand Permit Fee as stated on the current City of Visalia Rates and Fees schedule in effect at time of permit submittal.

“Person” means any individual, partnership, corporation, organization or association of any nature whatsoever.

“Responsible person” means a person who causes a code violation to occur or allows a violation to exist or continue, by his or her action or failure to act, or whose agent, employee or independent contractor causes a violation to occur, or allows a violation to exist or continue. If the responsible person is a juvenile then the parent or guardian who has physical custody of the juvenile at the time of the code violation shall be considered a responsible person. There is a rebuttable presumption that (1) the record owner of a residential parcel, as shown on the county’s latest equalized property taxes assessment rolls, (2) a lessee of a residential parcel, and (3) the organizer of any event located on public property that requires a “special events permit,” has control over the property and notice of any violation existing on the property. For purposes of this chapter, there may be more than one responsible person for a violation.

“Safe and sane fireworks” means any fireworks which do not come within the definition of “dangerous fireworks.” (Health and Safety Code Section 12529) “Stand” means any building, booth, counter, or other structure of a temporary nature used in the sale or offering for sale of fireworks pursuant to a permit duly issued.

“Vendors” means any agency that sells safe and sane fireworks to retailers (eligible organization). All vendors shall comply with all sections of the city’s municipal codes, Title 19, California Fire Code, and all other State Fire Marshals regulations.

“Violation” or “violates” refers to any violation of any provision of this code as well as means the failure to comply with any additional requirement imposed on any “special events permit,” license and/or approval issued to a person under or pursuant to a city ordinance.

“Waiting list” means a list of organizations waiting, as to be placed on the Active List.

(Ord. 2021-02 § 2 (part), 2021; Ord. 2017-05 § 2 (part), 2017: Ord. 2010-19 § 1 (part), 2010: Ord. 9921 § 2 (part), 1999)

The fire prevention division of the fire department may, upon due application, issue a permit to an eligible organization for the following:

A. Pyrotechnic display or displays of fireworks in the public parks or other suitable open place;

B. Retailers of safe and sane fireworks.

1. It is unlawful for any person to sell or offer for sale or expose for sale within the city any fireworks in violation of this chapter or without having a valid permit therefor in accordance with the provisions of this chapter.

2. Permits to sell safe and sane fireworks shall be issued by the fire department, upon applications therefor, only to nonprofit eligible organizations and only after those organizations have met all the applicable requirements set forth in this chapter.

3. Any eligible organization desiring to sell safe and sane fireworks in the city shall make application to be placed on the waiting list at the fire department. Priority will be given new applications filed with the chief of the fire department accompanied by a twenty-five dollar ($25.00) deposit to be returned when approval is given, and on the basis of date filed, which shall be recorded on the waiting list. The waiting list will be kept at the City of Visalia Fire Administration Office for the review upon request by organizations located within the City of Visalia.

4. The application for placement on the priority list shall be signed by a bona fide officer of the eligible organization, wherein the officer, on behalf of the organization and its agents, agrees to abide by state law and administrative regulations and all the stipulations of this code, if permission to operate a fireworks stand be granted to the organization.

(Ord. 2010-19 § 1 (part), 2010: Ord. 9921 § 2 (part), 1999)

The applicants for such permits shall comply with and be governed by the provisions set forth in Title 19, California Administrative Code, Sub-Chapter 6, Article 6.

(Ord. 9921 § 2 (part), 1999)

Applicants for permits to sell safe and sane fireworks must be an eligible organization as defined in Section 8.24.010.

A. There shall not be more than one retail stand for each permittee. No organization shall submit more than one application. Submittal or more than one application shall be grounds for denial of all applications.

B. New applicants for retailer permits will be accepted and approval will be granted only when an established organization now eligible to engage in the business discontinues their operation, or the population ratio of one stand per five thousand (5,000) City of Visalia residents allows the addition of more stands.

C. Priority will be given to new organizations on the priority list maintained by the fire prevention division.

(Ord. 2021-02 § 2 (part), 2021: Ord. 2010-19 § 1 (part), 2010: Ord. 9921 § 2 (part), 1999)

The applicants for such permits shall comply with and be governed by the provisions set forth in Title 19, California Administrative Code, Sub-Chapter 6, Article 6.

(Ord. 2010-19 § 1 (part), 2010: Ord. 9921 § 2 (part), 1999)

All applications for permit to sell at retail safe and sane fireworks shall comply with and be governed by the provisions set forth in Title 19, California Administrative Code, Sub-Chapter 6, Article 5, and in addition shall be governed by the following.

A. Applications for permits to sell safe and sane fireworks by eligible organizations shall be made on forms to be furnished by the Fire Chief or his/her designee, shall be signed under penalty of perjury by the applicant and shall require the following information and documents:

1. The application for permit shall contain the name, address and telephone number of the nonprofit organization for which application is made; evidence of tax exempt status pursuant to provisions of the Internal Revenue Code cited in Section 8.24.010 (definition of eligible organization); and the name and address of its officers. The application shall also contain the location of the proposed fireworks sales, and the method and location of fireworks storage. The application shall be signed by a bona fide officer of the eligible organization, wherein the officer, on behalf of the organization and its agents, agrees to abide by state law and administrative regulations and all the stipulations of this code.

2. A dimensioned site plan (not to scale) containing all of the following;

a. Drawing that indicates all areas within one hundred (100) feet of the proposed fireworks stand.

b. Drawing that indicates all areas within one hundred (100) feet of the proposed and storage container cited in Section 8.24.075. Storage containers shall be at least thirty (30) feet from any building or structure. For alternative storage locations see Section 8.24.075 (H) and (I).

c. Drawing that indicates all adjacent buildings, property lines; ignitable materials, grass or vegetation is not within thirty (30) feet of the fireworks stand.

d. Drawing that indicates any gasoline pump or distribution point is at least one hundred (100) feet from the fireworks stand.

e. Drawing that indicates the fireworks stand location is a least ten (10) feet from any public roadway, or public sidewalk.

f. Drawing that shows all utilities, curb cuts and/or driveways and identifying the nearest fire hydrants.

g. Drawings shall show all tarps or canopies, without prior approval tarps or canopies will not be permitted.

h. Satellite drawings with dimensional overlay are an acceptable alternative to traditional drawings.

3. A written authorization from the owner of the location or person in lawful possession thereof, if other than the applicant, for the locating of the business upon his or her property. Written authorization from the owner must be updated every year and included with the application.

4. Prior to issuance of a permit, the eligible organization shall submit a certificate of insurance for general liability in an amount no less than one million dollars ($1,000,000.00) combined bodily injury and property damage for each occurrence. This insurance shall name the city of Visalia, its officers, agents, elected officials, employees and volunteers as additional insureds. This insurance shall be primary with respect to any insurance or self-insurance programs maintained by the city. The certificate must specify the time, location, and dated to be covered by the policy. The applicant shall save, hold harmless and indemnify the city, its officers, agents, elected officials, employees and volunteers from all claims, demands, damages, judgments, costs or expenses that may at any time arise from or is any way related to any work performed by the applicant. The certificate must be provided to the fire department no later than May 1st of the subject year or such other time as the fire chief may allow.

5. A copy of the organization’s state fire marshal’s license to sell safe and sane fireworks shall be included with the application.

6. Payment of the applicable operational permit fee.

B. During the application process there will be important timelines set to insure that the applications for permit to sell safe and sane fireworks are completed and accurate before issuing. The firework vendors are responsible for submitting all application to the city, and insuring that the organizations that they represent are prepared for the process. The timelines and process for submitting an application for a permit to sell safe and sane fireworks is as follows;

1. Within the first full week of January the fire department will send a letter of congratulations to the organizations that were awarded the opportunity to participate in the application process to sell safe and sane fireworks within the city in accordance with Section 8.24.050.

2. The organizations that received the congratulations letter from the fire department shall contact a state approved fireworks vendor to start the application process and shall notify, by telephone the Visalia Fire Department no later than March 1st that the organization intends to sell safe and sane fireworks.

3. Completed applications shall be returned to the fire department by appointment only, no later than the last full week in April of each year. All appointments must be made in advance by the firework vender of the organizations choosing. Incomplete/ incorrect applications will not be accepted and will require resubmittal.

4. Applications requiring resubmittal shall be required to pay an additional operational permit fee. Each submittal requires the payment of a separate fee. Resubmittals shall be submitted no later than 4:30 pm on the fourth (4th) Thursday in the month of May. No documents will be accepted beyond 4:30 pm on the fourth (4th) Thursday in the month of May, any outstanding permits will be denied.

5. Unforeseen changes to an application after the fourth (4th) Thursday in the month of May are not automatically granted. These late modifications must be evaluated by the Fire Chief or his or her designee. The evaluation is to determine if the situation requiring the changes excuses why the changes are being requested late and also to determine if the city has an adequate amount of time to process the application. If changes to the permit are granted, the organization will be required to pay an additional operational permit fee.

6. A representative from each non-profit organization shall attend a firework safety meeting that has been approved by the Visalia Fire Department. The firework safety meeting shall have all safety material approved and attendance must be verified by the Visalia Fire Department.

C. Permits shall not be valid until final inspection has been performed by the fire chief or his or her designee. Permits may be issued with conditions to ensure that the business will be operated in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute an undue burden on city resources. The permit shall then be posted in a conspicuous place within the stand during the hours the stand is in operation.

D. If any organization which, in the previous year, obtained and held a fireworks permit fails to apply promptly or does not successfully complete the application process by 4:30 pm on the fourth (4th) Thursday in the month of May, the organization will be removed from the fireworks permit active list and must reapply to go on the waiting list. The next existing eligible organization at the top of the waiting list kept by the fire prevention division shall be notified and given the opportunity to apply for a firework permit the following year.

(Ord. 2021-02 § 2 (part), 2021: Ord. 2010-19 § 1 (part), 2010: Ord. 9921 § 2 (part), 1999)

A. Those fireworks which are classified as “dangerous fireworks” under Section 12505 of the California Health and Safety Code are prohibited, except that such fireworks as are defined and classified as “safe and sane fireworks” in Section 12529 of the California Health and Safety Code may be displayed, sold and used pursuant to the provisions of this chapter and not otherwise.

B. No permit holder shall shout, make any outcry, blow a horn, ring a bell or use any other sound device including any loudspeaker, radio or amplifying system where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard upon the streets, alleys, parks or other public places.

C. Any permit issued pursuant to this chapter shall be nontransferable, and shall be valid only as to the applicant and location provided on the application for such permit, or as set forth in Section 8.24.020. If an organization on the active list splits into two individual groups, the group that retained the 501 (c)(3)-(19) Non-profit Federal Tax ID number on record that matches the previously approved permit will be eligible to retain their fireworks permit. The group that does not retain the 501 (c)(3) - (19) shall apply to be placed on the fire prevention division’s waiting list. In the instance where neither group retained the 501 (c)(3) - (19) Non-profit Federal Tax ID number then neither group will be eligible for the firework permit and both organizations must apply to be placed on the waiting list.

D. Except as expressly permitted by and in accordance with the provisions of this code, the sale, offer to sell, advertising or display of merchandise on any street or sidewalk in the city is prohibited.

E. All retail sales of safe and sane fireworks shall be permitted only from a temporary fireworks stand and the sale from any other building or structure is prohibited.

F. No fireworks stand shall be located within one hundred (100) feet of any gasoline storage or gasoline pump or any garage or within forty (40) feet of any other building, or within six hundred (600) feet of any other fireworks stand.

G. No stand shall be placed closer than twenty (20) feet to a side or rear property line nor closer than forty (40) feet to any other building or structure or closer than ten (10) feet from any public roadway, public sidewalk, unless waived by the building and fire authorities.

H. Fireworks stands will be allowed only on property in the city which has commercial or industrial zoning. Public safety, ingress, egress, and adequate parking will be additional factors considered by the fire department before approving any site for fireworks sales.

I. A twenty (20) foot area surrounding the fireworks stand and fireworks storage container must be kept clear of empty boxes, trash and debris.

J. If a toilet is not immediately available during all open or sale hours of the fireworks stand, then an approved chemical one must be provided.

K. Each stand shall be provided with not less than two 2-A 10 BC-type fire extinguishers, underwriter approved, in good working order, with an up-to-date inspection tag indicating that the fire extinguisher has been serviced within the past year and easily accessible for use in case of fire.

L. 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 fifty (50) feet thereof.

M. No smoking shall be allowed in any stand or within fifty (50) feet thereof. “No Smoking” signs shall be prominently displayed.

N. All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least twenty (20) feet surrounding the stand.

O. There shall be at least one adult in attendance during the open or sale hours of the fireworks stand. No minor under the age of eighteen (18) shall be permitted in a stand.

P. All permits must be posted in a conspicuous place.

Q. Fireworks shall be sold only between the hours of nine a.m. and eleven p.m. daily from June 29th through July 4th. Booth inspections will be performed on June 29th or July 1st beginning at 8:00 am. Applicant will select which day inspection is to take place and shall be prepared for inspection at 8:00 am on selected date.

R. Permittee shall strictly comply with all provisions of the State Fireworks Law (Sections 12500 et seq. of the Health and Safety Code).

S. Generators and all other fuel fired equipment may not be operated within twenty (20) feet of a firework stand. All electrical wiring shall comply with Section 8.24.070(D).

T. Night security personnel accommodations shall not be closer than twenty-five (25) feet from the fireworks stand.

U. No fireworks shall be sold until a permit for such stand has been issued by the city. Permits are not valid until an inspection of the stand has been conducted and permit has been signed by fire personnel.

V. The permit shall not be issued if any violation of conditions set forth by this ordinance, permit may be revoked at any time if violations of Section 8.24.060 are found.

W. Vehicles may not be parked within ten (10) feet of a fireworks stand. Provide cones or blockage to indicate a “NO PARKING” area within ten (10) feet of the fireworks stand.

X. Each application shall contain a description of all desired signage to be used by the organization. All signage is subject to applicable municipal code requirements, see Visalia Municipal Code Chapter 17.48, and may require a separate approval process.

(Ord. 2021- 02 § 2 (part), 2021: Ord. 2010-19 § 1 (part), 2010: Ord. 9921 § 2 (part), 1999)

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.

A. Fireworks stands need not comply with the provisions of the building code of the city except that the chief building official, or his/her designee, shall have authority to require that stands be constructed in a manner which will reasonably insure the safety of attendants and patrons.

B. Each stand must have at least two exits. The maximum fireworks stand length shall be no longer than thirty two (32) feet, and the floor area shall not exceed three hundred twenty square (320) feet.

C. The front of all fireworks stands shall be completely enclosed from the counter to the roof with hardware wire cloth. Openings to permit delivery of merchandise to prospective customers shall not be larger than twelve (12) inches by eighteen (18) inches.

D. All electrical wiring, including that from the power source, shall be installed to the satisfaction of the fire inspector. Electrical connections shall be at least twelve (12) feet above ground when subject to foot traffic and sixteen (16) feet when subject to automobile traffic.

E. All tarps or canopies shall be shown on site plan drawing for approval. Without prior approval tarps or canopies will not be permitted.

F. The fireworks stand shall be removed from the temporary location by twelve noon on July 15th, and all accompanying litter shall be cleared from said location on or before said time.

(Ord. 2021-02 § 2 (part), 2021: Ord. 2010-19 § 1 (part), 2010: Ord. 9921 § 2 (part), 1999)

All organizations applying for a permit to sell safe and sane fireworks shall submit drawing indicating the location of the firework storage, the container in which the fireworks will be stored within, and must comply with the following.

A. No person or persons shall store safe and sane fireworks within the city without going through the permit process detailed in this Chapter 8.24. Additionally, the non-profit organization will release the City of Visalia from liability by signing a hold harmless agreement in the form as established by Appendix B to Ordinance 2010-19.

B. Storage of fireworks in residential neighborhoods is prohibited.

C. All storage of safe and sane fireworks shall be located at the approved retail sales location. For alternative storage locations see Section 8.24.075 (H) and (I).

D. All fireworks being stored at a retail location must be stored in a metal container (metal cargo style containers) approved by the Fire Chief or his or her designee only, at a distance of no less than thirty (30) feet from the fireworks stand and all other buildings or structures. For alternative storage containers see Section 8.24.075 (H) and (I).

E. Non-profit organizations are responsible for providing their own security plan for all storage of fireworks located within the city limits.

F. An orange placard shall be located on all visible sides of storage unit. The orange placard must be a minimum of eight (8) inches by eight (8) inches in size.

G. Storage of fireworks in trucks or vans will be permitted during hours of sale only. The truck or van carrying or storing the fireworks shall be removed from the sales area and all fireworks must be placed in the pre-approved storage container located in its pre-approved location.

H. The fire chief or his or her designee is authorized to approve an alternative storage method where the fire chief or his or her designee finds that the proposed method is satisfactory and complies with the intent of the provisions of this chapter, and that the method offered is at least the equivalent of that prescribed in this chapter in its effectiveness to provide safety to the citizens of the city and the emergency personnel that may respond if there was a fire.

I. All alternative storage methods must be submitted in writing and approved by the fire chief or his or her designee prior to the fireworks application deadline cited in Section 8.24.050(B)(3).

(Ord. 2021-2 § 2 (part), 2021: Ord. 2010-19 § 1 (part), 2010)

Any violation of this chapter or other city ordinances, or the terms and conditions of the permit, or state law or administrative regulations, or safety rules of the fire department shall be grounds for immediate revocation of the permit. All officers, agents, and employees of the eligible organization shall be responsible for compliance with all provisions of this chapter.

(Ord. 2021-2 § 2 (part), 2021: Ord. 2010-19 § 1 (part), 2010: Ord. 9921 § 2 (part), 1999)

A. Should any applicant be dissatisfied with the decision of the Fire Chief or his/her designee not to grant a permit or to revoke a permit, then said applicant may, no later than ten days after notice of such decision is deposited in the United States mail addressed to the applicant or permittee at the address provided on the application, make written objection to the City Manager setting forth the grounds for dissatisfaction, whereupon the City Manager, or his or her designee, shall hear said objections. The applicant shall be given written notice no less than three days prior to said hearing. The City Manager may, upon said hearing, sustain, suspend or overrule the decision of the Fire Chief or his/her designee, which decision shall be final and conclusive.

B. Pending the hearing before the city manager, the decision of the Fire Chief or his/her designee shall remain in full force and effect and any reversal thereof by the City Manager shall not be retroactive but shall take effect as of the date of the city manager’s decision.

(Ord. 2021-02 § 2 (part), 2021: Ord. 2017-05 § 2 (part), 2017: Ord. 2010-19 § 1 (part), 2010: Ord. 9921 § 2 (part), 1999)