Watsonville Municipal Code Art. 33 Safe and Sane and Dangerous Fireworks

This article regulates safe and sane fireworks as that term is defined in Section 12529 of the California Health and Safety Code.

(§ 1, Ord. 1268-10 (CM), eff. December 9, 2010. Formerly 8-9.3301)

It shall be a misdemeanor for any person to do any act forbidden or to fail to perform any act required by the provisions of this article.

(§ 1, Ord. 1249-09 (CM), eff. June 24, 2009, § 1, as amended by Ord. 1268-10 (CM), eff. December 9, 2010. Formerly 8-9.3301.1)

Safe and sane fireworks as defined by Section 12529 of the Health and Safety Code of the State of California may be sold within the City of Watsonville during the period beginning 9:00 a.m., July 1st, and ending at 10:00 p.m. on July 4th each year pursuant to the provisions of this ordinance and not otherwise.

Except as provided herein, no person shall offer for sale or sell at retail any fireworks without having first applied for and received a permit issued by authority of the Fire Code Official.

The following qualifications must be met by each applicant for a safe and sane fireworks sales permit.

(a) No permit shall be issued to any person, corporation, or other forms of organizations, except non-profit associations or corporations organized primarily for civic betterment or youth activities in Watsonville.

(b) Each such organization must have its principal and permanent meeting place within a seven (7) mile radius of the City Hall; and must have been organized and established for a minimum of one (1) year continuously preceding the filing of the application for the permit.

(c) No organization may receive more than one (1) permit for fireworks sales during any one (1) calendar year. One (1) permit may be issued to two (2) or more qualifying applicants as a joint venture. The maximum number of permits which may be issued during any one (1) calendar year shall not exceed twenty-five (25) permits.

(d) Subject to the provisions of this 3302.5 below, an organization which received a permit to sell fireworks pursuant to this chapter in 2006 shall be issued a permit to sell fireworks in succeeding years if an application is filed and all requirements of this ordinance are met, provided that since 2006 and in each successive year since then through the date of its application and without interruption, the organization has operated a safe and sane fireworks retail sales stand in the City of Watsonville pursuant to a validly-issued permit. A permit issued under this section shall cover only one (1) retail sales stand. Nothing in this section shall prevent the Fire Code Official or his designee from revoking a permit for just cause where a nuisance exists or where personal injury or property damage is threatened.

(e) Subject to the right of organizations that have continually operated retail stands pursuant to a valid permit since 2006 to continue to do so provided they meet the requirements of this ordinance and of 3302.5.4 above, if the number of proper applications exceed the number of permits to be issued in given year, the permits shall be granted by a random drawing supervised by the Fire Code Official.

The permit fees for selling fireworks within the City shall be set by council resolution, which may include cost of living increases based upon the annual adopted City fee schedule.

(a) The fees must be paid at the time the application is filed. The permit fees for selling safe and sane fireworks, associated with processing and issuing such permits. Fire Department inspection fees shall also be included.

(b) The fireworks permit fee shall be paid at the time the application for a fireworks stand is filed.

(c) Organizations selling fireworks are also required to obtain a temporary sales tax permit from the State Board of Equalization.

(d) Display of state license, city permit, sales tax permit, and city required posters. State license and city permit to sell fireworks, and temporary sales tax permit shall be displayed in a prominent place in the fireworks stand. Additionally, the Fire Code Official may require the display of certain regulatory posters, including but not limited to those described in this chapter.

(a) No person under eighteen (18) years of age shall light or cause to be lighted any fireworks or other combustible material within the City of Watsonville.

(b) No person shall light or cause to be lighted any fireworks or other combustible material within any stand or within fifty (50) feet thereof.

(c) It shall be unlawful for any person to ignite, explode, project, or otherwise fire or use, or permit the ignition, explosion or projection of any fireworks upon, over, or onto the property of another, or to ignite, explode, project, or otherwise fire or make use of any fireworks within ten (10) feet of any residence, dwelling or other structure.

(d) It shall be unlawful for any person to possess or to ignite, explode, project, or otherwise fire or use, or permit the ignition, explosion or projection of any fireworks upon, over, or onto property in a hazardous fire area. Hazardous fire areas will be determined and defined by the Fire Code Official and set forth in the fireworks discharge policies of the fire department.

(e) It shall be unlawful for any person to ignite, explode, project, or otherwise fire or use, or permit the ignition, explosion or projection of any fireworks from midnight July 5 to midnight June 30.

(f) It shall be unlawful for any person to possess or to ignite, explode, project, or otherwise fire or use, or permit the ignition, explosion or ignition of “dangerous fireworks,” as defined in California Health and Safety Code section 12505, on or at their premises at any time in the City of Watsonville. Professional Organized displays shall be approved in accordance with Chapter 10 of Division 1 of Title 19 of the California Code of Regulations, commencing with Section 3308.

“Safe and sane” fireworks may be stored within the City, pursuant to the following provisions:

(a) Magazines for the storage of fireworks shall be located in accordance with nationally recognized standards. Fireworks shall be stored in magazines that meet the requirements of the 2001 California Fire Code Section 7702.3. Magazines for the storage of fireworks for personal use shall meet the minimum classification requirements of a Type 4 magazine. A Type 4 magazine shall be a portable or mobile structure, such as a building, igloo, box, semitrailer or other mobile container, which shall be fire resistant, theft resistant and weather resistant.

(b) Buildings or parts of buildings used for storage shall meet the zoning requirements of the city.

(c) Signs with the wording “Fireworks - No Smoking” in letters a minimum of four (4) inches high, shall be conspicuously located throughout the building.

(d) Combustible materials shall not be stored within 50 feet (15 240 mm) of magazines. Smoking, matches, flame-producing devices, and open flames shall not be permitted inside of or within 50 feet (15 240 mm) of magazines. Where low explosives are stored in magazines, spark-producing tools shall not be used. Such magazines shall be bonded and grounded.

(e) Fire extinguishers, of the water pressure type, shall be located so there is not more than fifty (50) feet of travel to any fireworks storage.

(f) Stacks of merchandise shall be limited in size to twelve thousand (12,000) cubic feet, and each stack shall be separated from other stacks by eight (8) feet wide aisles. Height limitations shall be consistent with storage practices.

If, in the judgment of the Fire Code Official, Fire Marshal, Duty Chief, or other designated officer, the construction of the stand or the conduct of the operations therein does not conform to the provisions of this chapter, such officer may order the stand immediately closed.

Persons violating this chapter shall be subject to the penalties set forth in Chapter 2 of Title of the Watsonville Municipal Code.

The Fire Code Official is authorized to seize, take, remove or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored or held in violation.

(Ord. 1268-10 (CM), eff. December 9, 2010. Formerly 8-9.3302)

(a) On or before November 1 of any year a permittee is permitted to sell fireworks under this article, the permittee shall submit to the City a financial statement prepared in a form and manner acceptable to the City setting forth the total gross receipts from sales of fireworks by the permittee related to each stand, all expenses incurred and paid in connection with the purchase of fireworks and the sale thereof, the retail value of any fireworks disposed of other than by sale, and to whom and for what purpose the net proceeds were or will be disbursed, along with a copy of the most recent report filed by the permittee to the State Board of Equalization for such purposes. The filing of such statement shall be a condition precedent to the granting of any subsequent permit.

(b) All permittees selling safe and sane fireworks within the City pursuant to a permit issued under this article shall assess a surcharge of seven (7%) percent on the retail value of safe and sane fireworks sold or otherwise distributed in the City. The surcharge for each permittee shall be determined each year as soon as reasonably possible after the permittee has submitted its financial report to the City as required under subsection (a) of this section. The surcharge is due and shall be paid by the permittee upon presentment of an invoice by the City. This surcharge is intended to cover a portion of the City’s costs in advertising, implementing, policing, and enforcing this article and additional reserves for associated fire suppression costs.

(c) The failure of any permittee to pay the amount assessed to it by the City under this section is a violation of this article and shall also bar the issuance of a subsequent permit to such permittee until the assessment of any costs and fees incurred in collection are paid in full.

(§ 1, Ord. 1249-09 (CM), eff. June 24, 2009, § 1, as amended by Ord. 1268-10 (CM), eff. December 9, 2010. Formerly 8-9.3303)

Section 3308 of Chapter 33 of the California Fire Code is amended to read as follows:

This article regulates dangerous fireworks as that term is defined in Section 12505 of the California Health and Safety Code.

Payment of a non-refundable application based on the established Fee Schedule annually adopted by the City of Watsonville and an amount determined by the Fire Code Official to cover administrative costs. No application submitted without the applicable fees shall be accepted or processed.

No person shall discharge or display fireworks if he or she does not possess a current pyrotechnic license issued by the State of California.

When required by the Fire Code Official, the pyrotechnic operator shall provide portable fire extinguishers for the discharge area and arrange for standby fire apparatus for protection down range. The pyrotechnic operator shall bear the costs for such fire protection, including such costs for Fire Department equipment, apparatus and staff.

(§ 1, Ord. 1268-10 (CM), eff. December 9, 2010. Formerly 8-9.3308)