Woodlake Municipal Code Ch. 8.12 Fireworks

The police chief of the city may, upon due application, issue to properly qualified persons and organizations a permit for the retail sale of safe and sane fireworks. Applicants must be nonprofit associations or corporations organized primarily for veteran, patriotic, welfare, religious, youth or eleemosynary purposes. Each such organization must have its principal and permanent meeting place within the boundaries of the city.

A. The city council finds and determines that for public health, welfare and safety purposes, the total number of permits to be issued shall be limited to two.

B. There shall be no more than one retail stand for each permittee.

(Ord. 384 § 2, 1983)

All applications for permits 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 shall be filed with the chief of police between February 15th and March 1st of each year on forms provided by the city. Only completed applications filed on or before March 1st will be eligible for consideration for a permit.

B. Each applicant shall agree to provide adequate liability insurance, and evidence of this must accompany the application and be filed with the city on or prior to March 1st.

C. A yearly fee of one hundred fifty dollars ($150.00) must be deposited with the city with each application. Fifty dollars ($50.00) of the fee shall be applied to the costs of the business license and enforcing this chapter. Upon approval of the permit the balance of the fee will become a clean-up surety, to be retained by the city until such time as the temporary sales stand is removed and the immediate area cleaned up within forty-eight (48) hours of close of business, to the satisfaction of the chief of police, at which time one hundred dollars ($100.00) of the fee will be returned to the permit holder. The entire one hundred fifty dollar ($150.00) fee shall be refunded to unsuccessful applicants.

D. No later than March 6th of each year, the chief of police shall conduct a drawing to determine by lot which two of the eligible applicants will be issued permits.

(Ord. 384 § 2, 1983)

Each application shall contain a description of the site desired. Permission of the owner must be obtained by applicant.

A. No stand shall be within one hundred (100) feet of any gasoline service station, fuel storage area or placed closer than ten feet to a public way unless permission to the contrary is first obtained.

B. Both Valencia and Naranjo are state highways and in addition to the city permit will require a permit from the state.

(Ord. 384 § 4, 1983)

Fireworks stands need not comply with provisions of the building code of the city; provided, however, that all stands shall be erected under the supervision of the local building inspector who shall require that stands be constructed in a manner which will reasonably insure the safety of attendants and patrons.

A. 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 structures is prohibited.

B. Each stand shall have two exit doors.

C. The front of all fireworks stands shall be completely enclosed from the counter to the roof with hardware wire cloth, the opening of which shall not exceed one-fourth inch in size, except for the openings to permit delivery of merchandise to prospective customers, which openings 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 building 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.

(Ord. 384 § 5, 1983)

No person other than a member of the licensee organization will be permitted to sell or otherwise participate in the operation of a stand.

A. No permit issued or authorized shall be transferable.

B. Each stand must have an adult (eighteen (18) or over) in attendance and in charge thereof when the stand is being used for the sale or dispensing or storage of fireworks.

C. All persons engaged in the selling of fireworks shall be over the age of sixteen (16) years.

D. Hours of operation shall be limited from nine a.m. to eleven p.m. daily, commencing with operations on July 1st through July 4th inclusive.

E. Fireworks may be sold at the stand only.

(Ord. 384 § 6, 1983)

Each stand shall be provided with two fire extinguishers approved for such use by the fire department in good working order and easily accessible for use in case of fire.

A. No smoking shall be allowed in any stand.

B. "No smoking" signs shall be prominently displayed in a number prescribed by the city.

C. 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.

D. No persons shall light or cause to be lighted any firecracker, fireworks or other combustible article within any stand or within two hundred (200) feet thereof.

E. If, in the judgment of the police chief or building inspector, the construction of the stands or the conduct of the operations therein do not conform to the provisions of this chapter, such officers, or either of them, may order the stand immediately closed.

(Ord. 384 § 7, 1983)

Nothing in this chapter shall prohibit any discharge or display of fireworks at any public gathering, provided that a permit to do so has first been obtained from the city council.

No such permits shall be granted by the city council for any such public display unless for a location where the falling of any lighted fireworks or objects would not endanger building structures, vehicles, forest, brush or grass-covered land, or unless the discharge of fireworks is under the direct supervision of a capable experienced person, or provision is made for fire extinguishment appliances satisfactory to the city council. All persons or organizations obtaining a permit for a public pyrotechnic display shall comply with and be governed by the provisions set forth in Title 19, California Administrative Code, Sub-Chapter 6, Article 6.

(Ord. 384 § 8, 1983)

Nothing in this chapter shall allow for display, possession, use, storage, and sale of those fireworks classified as dangerous fireworks in California Health and Safety Code, Section 1205 et seq. or the possession, use, storage, and sale of safe and sane fireworks on or at dates, times, and/or locations other than those permitted by this section. The administrative fines are imposed under authority of Government Code, Section 53069.4; Health and Safety Code, Section 12557; and the police power of the City of Woodlake.

(Ord. No. 630, § 2, 1-13-2020)

In addition to any other remedy authorized by this chapter or applicable law, any person or entity who possesses, uses, stores, sells and/or displays dangerous fireworks as classified in State Fireworks Law, currently the California Health and Safety Code Section 12505 et seq., shall be subject to an administrative penalty, as set forth in this chapter and authorized by Section 53069.4 of the California Government Code.

The fire code official or his designee shall 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 of this section.

(Ord. 384 § 9, 1983)

(Ord. No. 630, § 2, 1-13-2020)

Editor's note— Ord. No. 630, § 2, adopted January 13, 2020, added a new provision designated as § 8.12.080, and subsequently renumbered the former § 8.12.080 as § 8.12.090.