Weed Municipal Code Ch. 8.12 Fireworks

For the purposes of this chapter the following words and phrases, when used in this chapter, shall have the following meanings:

A. "Fireworks" means blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, fire balloons (i.e., balloons of a type which have burning material of any kind attached thereto or which require fire underneath said balloon to propel said balloon), firecrackers, torpedoes, sky rockets, Roman candles, Daygo bombs, sparklers, or any other item or thing like construction, and any other item or thing containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, but does not include pistols, toy canes, toy guns, or other similar devices (i.e., "cap guns") in which paper caps containing not more than twenty-five hundredths (.25) grain of explosive compound per cap are used.

B. "Dangerous fireworks" means every fireworks article that does not bear the "safe and sane" classification label of the State Fire Marshal.

C. "Safe and sane fireworks" shall include only those fireworks articles that have been classified and registered as "safe and sane" by the State Fire Marshal.

(Ord. 358-2002 §1 (part): Ord. 41-62 §§4, 5, 1962).

A. Possession or Storage of Dangerous Fireworks Prohibited. It shall be unlawful for any person in the city to sell, possess, keep or store or permit the keeping or storing of any dangerous fireworks.

B. Fireworks Permit—When Required. No person, without having a valid fireworks permit issued by the city pursuant to this section shall do any of the following:

1. Import, export, possess for the purpose of sale, offer for sale or sell any fireworks for any purpose including agricultural purposes or wild life control.

2. Make a public display of fireworks in any place.

3. Transport fireworks, except in accordance with the State Fireworks Law.

C. Issuance of Fireworks Permit—Requirements. A fireworks permit shall be issued only to such applicants, who meet both the following qualifications:

1. A non profit, charitable, religious or eleemosynary corporation or association organized and existing primarily for charitable or civic betterment purposes in conjunction with youth-oriented activities; and

2. Said corporation or association has its principal and permanent meeting place in the city and has been organized and established in the city for a period of at least two years prior to the date application is made for a fireworks permit.

D. Application for Fireworks Permit.

1. Fee. Any person desiring to sell "safe and sane" fireworks shall make application to the city clerk for a fireworks permit. Each applicant shall pay to the city clerk a fee of one hundred dollars at the time of filing an application. In the event no fireworks permit is issued by the city, the city clerk shall refund the applicants fee.

2. Information Required. Each applicant for such permit shall file his application with the city clerk. Each application shall show the following:

a. Name and address of applicant.

b. The applicant's status as a non profit, charitable, religious or eleemosynary corporation or association.

c. The purpose for which the applicant is primarily existing and for which it was organized, and its relationship to youth activities in the city of Weed.

d. The name and addresses of the officers, if any, of the applicant.

e. The location of the applicant's principal and permanent meeting place.

f. When and how the applicant will sell fireworks.

g. The location of the applicant's principal and permanent meeting place.

h. The name, address, and State Fire Marshal's license number of any wholesaler or distributor from whom the retailer proposes to purchase fireworks for resale, if known.

i. The applicant's State Board of Equalization Sales Tax permit number.

j. The manner, method and times, when and how the applicant proposes to sell "safe and sane" fireworks.

k. Such other information as the city administrator may require to make his/her investigation into the property of granting said proposed permit.

l. Appropriate information regarding insurance coverage as articulated in Section 8.12.040 D.

E. Investigation of Application. The city administrator, or his/her designee, shall cause an investigation to be made of each application and shall submit a report of his/her findings and recommendations for or against the issuance of a permit, together with its reasons therefore, to the city council.

(Ord. 358-2002 §1(part))

A. The city council shall have the discretion to grant or deny any application, subject to such reasonable conditions, if any, as it shall prescribe.

B. The number of fireworks permits issued each year pursuant to this section shall be limited to two such permits. Any successful applicant may be required to share the rights granted by any such permit with another applicant. The limited number of applicants is intended to coincide with a limit to the number of fireworks stands permitted in any one season, such limit being two stands, one situated in a northern location within the city, and one situated in a southern location. The method and manner of selecting those applicants who shall be issued fireworks permits shall be in the method or manner that the city council in its discretion shall determine is reasonable or necessary (i.e., lottery system, or rotation system). Any applicant wishing to appeal the denial of any permit application shall make such appeal to the city council.

C. The provisions of paragraph B above shall not be applied so as to deny the issuance of a fireworks permit to any applicant who received a valid fireworks permit. However, any permit issued pursuant to the exception granted by this paragraph C shall be counted in computing the number of permits issuable pursuant to the provisions of paragraph B.

(Ord. 358-2002 §1 (part))

A. Permit Regulations. Only one permit shall be issued to any applicant, and said permit shall be valid only for the premises or location for which issued. No permit shall be transferable, assignable or renewable.

B. Time for Filing of Application. Each application for a permit to sell "safe and sane" fireworks at retail shall be filed with the city clerk on or before February 1 of the calendar year for which the permit is sought.

C. Permit Authorizes the Sale of Safe and Sane Fireworks Only. A fireworks permit issued pursuant to this section authorizes only the sale at retail of "safe and sane" fireworks by the applicant at the location or premises designated in the permit.

D. Policy of Public Liability Insurance Required. Each applicant for a fireworks permit shall have filed with the city clerk prior to the issuance of any permit a policy of public liability insurance with coverage of at least one million dollars combined single limit coverage or a certificate showing said amount of insurance. Each policy shall contain a rider and/or "additional insured endorsement" therein listing and carrying the city of Weed as an additional assured under said policy.

E. Hours of Sales Regulated. No "safe and sane" fireworks shall be sold or offered for sale except from noon on June 28th to noon on July 6th of each year

F. Days when Fireworks may be Discharged. It is unlawful for any person, firm or corporation to discharge any fireworks in any area of the city on any days except the thirty first of December, first of January and the third, fourth and fifth of July each year, unless authorized in writing by city council.

G. Compliance with State Laws Required. It shall be the duty of every person issued a fireworks permit to comply with all the provisions of the State Fireworks Law and the Rules and Regulations of the State Fire Marshal. The violation of the aforesaid State Fireworks Law or Rules and Regulations or any of the provisions of this section by the permittee, or any of its agents, employees, or officers shall constitute cause, in and of itself, to deny any subsequent application for a permit.

(Ord. 358-2002 §1 (part))

All retail "safe and sane" fireworks shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is hereby 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 three hundred feet of any gasoline station.

B. All stands shall meet the structural stability requirements of the building ordinance of the city, and all lighting circuits and other electrical equipment shall meet the requirements of the electrical ordinance of the city.

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

D. Stands shall have exit doors at least thirty inches in width at both ends of the structure and one additional door for each twenty-five feet of rear wall in excess of twenty-five feet. All doors shall open outward from the stand and all doorways shall be kept free and clear from all supplies and materials at all times.

E. Each stand shall be provided two and one half gallon "soda and acid" type fire extinguishers, in good working order and easily accessible for use in case of fire. For every twenty-five feet of rear wall there shall be also a three gallon water bucket filled with water and containing immersed therein a gunnysack.

F. There shall be at least one salesperson, eighteen years of age or older, on duty at all times. No person under the age of eighteen shall be allowed to sell, or handle for sale, any fireworks. No person under fourteen years of age shall be allowed inside the stand at any time.

G. No person employed as a watchman shall be permitted to remain inside of any stand when it is not open for business.

H. "NO SMOKING" signs shall be prominently displayed, both inside and outside the stand. No smoking shall be permitted within the stand or within fifteen feet of the stand.

I. No stand shall be erected before June 15 of any year. The premises on which the stand is erected shall be cleared of all structures and debris not later than noon of July 8.

J. No fireworks shall be discharged in or within twenty-five feet of any fireworks stands.

K. No person shall allow any rubbish to accumulate in or around any fireworks stand or permit a fire nuisance to exist.

L. No fireworks shall remain unattended at any time regardless of whether the fireworks stand is open for business or not. If any firework are stored they shall only be stored at such places as are approved for storage of fireworks by the State Fire Marshal.

M. Only one fireworks stand shall be permitted on any one parcel of land except that if said parcel of land is eighty thousand square feet or more in size, then in that event one fireworks stand for every thousand square feet of land in said parcel may be permitted. However, in no event shall more than three fireworks stands be permitted as to any one parcel of land.

N. Any person who receives a notice to correct any violation of these regulations or any other condition of the permit, and who fails to correct such violation within the time prescribed in the notice, may be assessed a fee not exceeding the city's cost of re-inspection.

O. 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.

(Ord. 358-2002 §1(part))