Chapter 5.34
FIREWORKS
Sections:
5.34.010 Sale and discharge of safe and sane fireworks—Permitted when.
5.34.012 Possession or use of illegal or dangerous fireworks.
5.34.015 Permit for public displays.
5.34.020 Permit required for the sale of fireworks.
5.34.030 Qualifications for preapplication of permit and permit limits.
5.34.060 Notice to applicant of granted or denied for permit.
5.34.070 Permit issuance based on drawing selections.
5.34.080 Display of state license, city permit and sales tax permit required.
5.34.090 Fireworks stand requirements.
5.34.100 Storage of safe and sane fireworks.
5.34.110 General requirements for the sale of fireworks.
5.34.120 Discharge of fireworks prohibited where.
5.34.130 Noncompliance with this chapter or applicable laws—Immediate closure of fireworks stand.
5.34.140 Enforcement of this chapter.
Prior legislation: Ord. 99-8.
5.34.005 Definitions.
“City” means the city of Dinuba.
“Dangerous fireworks” means any fireworks specified as such in the state fireworks law, currently California Health and Safety Code Section 12500 et seq., and such other fireworks as may be determined to be dangerous by the State Fire Marshal.
“Response costs” means those reasonable and necessary costs directly incurred by public safety personnel for a response to an unpermitted discharge or illegal storage of dangerous fireworks, and include the cost of providing law enforcement, firefighting, and/or other emergency services at the scene of the unpermitted discharge or storage of dangerous fireworks including, but not limited to:
1. Salaries and benefits of public safety personnel for the amount of time spent responding to, remaining at, or otherwise dealing with the unpermitted discharge or storage of dangerous fireworks, and the administrative costs attributable to the response(s); and
2. The cost of any medical treatment to or for any public safety personnel injured responding to, remaining at, or leaving the scene of the unpermitted discharge or storage of dangerous fireworks; and
3. The cost of repairing any public safety equipment or property damage, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of an unpermitted discharge or storage of dangerous fireworks.
“Responsible party” includes, but is not limited to:
1. 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 and/or legal custody of the juvenile at the time of the code violation shall be considered a responsible person. There is a rebuttable presumption that (a) the record owner of a residential parcel, as shown on the county’s latest equalized property taxes assessment rolls, (b) a lessee of a residential parcel, and (c) 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;
2. The person(s) who owns, rents, leases, or otherwise has possession of the residence or other private property; and
3. The person(s) in immediate control of the residence or other private property; and
4. The person(s) who organizes, supervises, sponsors, conducts, allows, controls, or controls access to the discharge or storage of dangerous fireworks.
“Safe and sane fireworks” means fireworks as defined by Section 12529 of the Health and Safety Code of the state of California.
“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. (Ord. 2023-02 § 1, 2023; Ord. 2017-05 § 1, 2017)
5.34.010 Sale and discharge of safe and sane fireworks—Permitted when.
A. Safe and sane fireworks may be sold within the city beginning at twelve noon the twenty-eighth day of June, and thereafter from nine a.m. to ten p.m., ending on the fourth day of July at ten p.m.
B. Safe and sane fireworks may be discharged within the city during the period beginning at noon on the twenty-eighth day of June and ending at eleven fifty-nine p.m. on the fourth day of July each year pursuant to the provisions of this chapter and not otherwise. (Ord. 2023-02 § 1, 2023; Ord. 2010-05 § 1, 2010; Ord. 00-1 § 2, 2000; Ord. 932 § 2, 1993; Ord. 92-3 § 2, 1992; Ord. 644 § 1, 1982)
5.34.012 Possession or use of illegal or dangerous fireworks.
It shall be unlawful for any person to possess or use illegal or dangerous fireworks in the city and such other fireworks as may be determined to be dangerous by the State Fire Marshal. (Ord. 2023-02 § 1, 2023; Ord. 2010-05 § 1, 2010)
5.34.015 Permit for public displays.
A. Permits. Notwithstanding any other provisions of this code, the fire chief or designee of the fire department may grant permits for public displays of fireworks if the fire chief or designee determines that all requirements of the law are or will be complied with by the applicant and that granting any such permit will not be detrimental to the public peace, health or safety; otherwise said application shall be denied.
Applications for such permits shall be filed with the fire chief not less than ten days before the proposed public display and shall be accompanied by a detailed statement of the items of the proposed display. If the permit is granted, no items shall be displayed except as are contained in the statement and the fire chief may in granting the permit eliminate from the statement such items deemed hazardous, or impose conditions upon such permit as the fire chief shall deem reasonably necessary to protect the public peace, health and safety; and it shall be unlawful for the grantee of the permit to exhibit or display the eliminated items or to conduct such display in violation of any conditions so imposed.
The public display shall be under the supervision of the fire chief and such persons as he shall designate and authorize. The city council shall, by resolution, pursuant to the fire chief’s recommendation, establish a fee to be charged for the permit. A separate permit will be required for each display. The display shall be at the place and time designated in the permit. Such permit shall include the right to possess and transport said fireworks for the purpose of conducting such public display.
B. Times Permitted. Except on the fourth of July, it is unlawful for any holder of a public display permit to discharge any fireworks in the city of Dinuba from the hours of ten p.m. to eight a.m. unless permitted by the fire chief as an exception to this time limit.
C. Bond for Fireworks Display Required. The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the city’s risk manager for the payment of all damages which may be caused either to a person or persons or to property by reason of the permitted display and arising from any acts of the permittee, his agents, employees or subcontractors.
D. Disposal of Unfired Fireworks. Any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining. (Ord. 2023-02 § 1, 2023; Ord. 2010-05 § 1, 2010)
5.34.020 Permit required for the sale of fireworks.
Except as provided herein, no persons shall offer for sale or sell at retail any fireworks of any kind without having first applied for and received a permit. (Ord. 2023-02 § 1, 2023; Ord. 2010-05 § 1, 2010; Ord. 2006-02 § 1, 2006; Ord. 92-3 § 2, 1992; Ord. 644 § 2, 1982)
5.34.030 Qualifications for preapplication of permit and permit limits.
Each applicant for a permit must meet the following qualifications:
A. The organization must be a duly organized not for profit charitable, religious, civic, patriotic or community service organization, and in good standings with the Internal Revenue Service and Franchise Tax Board.
B. Each such organization must have its principal and permanent meeting place in the corporate limits of the city; must maintain a bona fide membership of at least twenty members; and must have been organized and established in the city’s corporate limits for a minimum of one year continuously preceding the filing of the application for the permit.
C. The maximum number of permits to sell safe and sane fireworks that may be issued pursuant to this chapter during any one calendar year shall not exceed eight permits during any calendar year. One additional permit may be issued for each three thousand five hundred residents of the city over twenty-five thousand persons, based on the most recent population figure as determined by the federal decennial census and updated annually by the California State Department of Finance. No organization may receive more than one permit for fireworks sales during any one calendar year. One permit may be issued to two or more qualifying applicants as a joint venture.
D. If the number of preapplications received up to and including the last day for making applications pursuant to this chapter exceeds the number of permits to be issued for the city, the fire chief or designee shall thereafter supervise a public drawing to determine an order of priority for each preapplication. Preapplications can be obtained at the fire department between February 1st and the last business day of February. All applicants will be assigned a number in the order in which the preapplication is received. The drawing will be held between March 1st and March 10th each year. Those having a current two-year permit will continue to have a valid permit until its expiration. Available permits will be reduced by the amount of current valid permits for purpose of the drawing. (Ord. 2023-02 § 1, 2023; Ord. 2010-05 § 1, 2010; Ord. 92-3 § 2, 1992; Ord. 644 § 3, 1982)
5.34.040 Permit fee.
The permit fee for selling fireworks within the city shall be three hundred dollars, which fee must be paid at the time each application for a stand is filed. The city council may, by resolution, increase or decrease the permit fee in its discretion. (Ord. 2023-02 § 1, 2023; Ord. 2010-05 § 1, 2010; Ord. 00-1 § 4, 2000; Ord. 92-3 § 2, 1992; Ord. 644 § 9, 1982)
5.34.050 Reserved.
(Ord. 2023-02 § 1, 2023; Ord. 2010-05 § 1, 2010; Ord. 2006-02 § 2, 2006; Ord. 2002-04 § 1, 2002; Ord. 98-6 § 2, 1998; Ord. 92-3 § 2, 1992; Ord. 644 § 5, 1982)
5.34.060 Notice to applicant of granted or denied for permit.
Applicants for a permit shall be notified by the fire department by March 15th of the granting or denial of such application for a permit. (Ord. 2023-02 § 1, 2023; Ord. 2010-05 § 1, 2010; Ord. 92-3 § 2, 1992; Ord. 644 § 4, 1982)
5.34.070 Permit issuance based on drawing selections.
A. All eligible organizations shall obtain and submit to the fire department the following forms supplied by the fire department. Forms will be supplied to those organizations whose drawn assigned number is sequentially within the total number of permits to be issued. All other applicants will be placed on a waiting list in the sequence of their drawn assigned number. If an applicant does not satisfy the requirements of this section within the time periods identified in this section, the next drawn assigned number on the waiting list will be notified and provided with the following paperwork to return within thirty days:
1. The property owner’s release form signed by the property owner authorizing permission to erect a fireworks stand on his property;
2. The fireworks storage form indicating where and how the fireworks will be stored when not in the approved stand;
3. The State Fire Marshal’s license to sell safe and sane fireworks;
4. A copy of the temporary seller’s permit issued by the State Board of Equalization;
5. 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 combined bodily injury and property damage for each occurrence. This insurance shall name the city of Dinuba, 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 at time permit is submitted;
6. A statement of organization eligibility;
7. A satellite view site plan shall include but not limited to indicating location of stand, distance to nearest building, ingress, egress, parking, etc., meeting these requirements:
a. Drawing that indicates all areas within one hundred feet of the proposed fireworks stand.
b. Drawing that indicates all areas within one hundred feet of the proposed and storage container. Storage containers shall be at least twenty-five feet from any building or structure including fireworks booth.
c. Drawing that indicates all adjacent buildings, property lines, ignitable materials, grass or vegetation is not within thirty feet of the fireworks stand.
d. Drawing that indicates any gasoline pump or distribution point is at least one hundred feet from the fireworks stand.
e. Drawing that indicates the fireworks stand location is a least ten 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. Drawing shall indicate parking to be located twenty feet from fireworks booth and/or storage.
8. Payment of applicable operational permit fee;
B. These forms must be returned to the fire department by the end of business on or before April 15th. (If April 15th falls on a weekend then the end of business on the following Monday will be appropriate.)
C. No permit issued or authorized shall be transferable or assignable.
D. When all the application requirements have been completed and the fireworks stand location has been approved, the fire department shall authorize the erection of a fireworks stand. Each qualified organization shall pay to the administrative services director or designee a permit fee amount as listed in Section 5.34.040. This fee does not include the one hundred dollars for a refundable cleanup deposit due at time of application submittal. Each permit shall be for only one stand per eligible organization and shall be forwarded to the fire department for delivery as set forth in subsection (E) of this section.
E. Permits will be effective only when issued by the fire department after the final inspection of the stand shows compliance with all the requirements of this chapter. (Ord. 2023-02 § 1, 2023; Ord. 2010-05 § 1, 2010; Ord. 92-3 § 2, 1992; Ord. 644 § 10, 1982)
5.34.080 Display of state license, city permit and sales tax permit required.
State license, city permit to sell fireworks issued by the fire department, and temporary sales tax permit shall be displayed in a prominent place in the fireworks stand. (Ord. 2023-02 § 1, 2023; Ord. 2010-05 § 1, 2010; Ord. 92-3 § 2, 1992; Ord. 644 § 11, 1982)
5.34.090 Fireworks stand requirements.
All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand and sales from any other building or structure is 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 or within one hundred feet of a gasoline pump when measured closest point to closest point. Canopies within ten feet of a stand shall be considered an extension of the stand for measurement of setback distances. Minimum setback from the street curbing, alley, or driveway shall be ten feet. Stands or canopies shall not cover or impede any public rights-of-way. The public right-of-way may be included in the setback distances if approved by the fire department official.
B. No stand shall have a floor area in excess of four hundred square feet. The width and length of each stand shall be a maximum of ten feet by forty feet, respectively.
C. Each stand must have at least two exits located on separate walls. Fireworks stands with only three sides and open from the back will not require exits. Fireworks stands shall have exits at least thirty inches in width at both ends of the structure. An aisle with a minimum width of thirty inches shall lead to each exit. Exits shall remain unobstructed. No supplies or other materials shall be stored in front of exit doors. All exit doors shall remain unlocked and unlatched whenever the stand is occupied.
D. Each stand shall keep easily accessible a minimum of one two-and-one-half-gallon water pressure type fire extinguisher, one 2A10BC rated dry chemical fire extinguisher, and each shall be in good working order and bear a current inspection sticker. Extinguishers must be of a type approved for such use by the Dinuba fire department.
E. All stands must be constructed of solid wood or metal.
F. After hours, stands must be properly secured and fireworks removed from the stand and secured.
G. All unsold stock and accompanying litter shall be removed from the location by five p.m. July 5th.
H. Fireworks stand may be brought to the site ten days prior to June 28th and must be dismantled and removed by five p.m. July 6th.
I. Temporary lighting may be installed in the fireworks stands. Approved temporary lights must have a guard protecting the bulb/fixture and all wiring and fixtures must be three-wire and grounded.
J. Primary power to the temporary lighting may be by means of on-site commercial power in a fixed facility or by means of an on-site portable generator. Generators must be located at least twenty feet from the fireworks stand. Location of portable generators must be approved by fire department.
K. Fuel for portable generators is not allowed to be kept on the premises, and generator cannot be stored within the storage unit or with fireworks.
L. No switches, electrical receptacles (plug-ins), or splices are permitted within the stand.
M. Extension cords to the stand are to be heavy duty, minimum of fifteen amp capacity, and protected from vehicular damage. Romex is not an acceptable extension cord.
N. All trash shall be removed from the premises and the fireworks stand each evening at the close of business, empty boxes will be kept within the storage unit or twenty feet away from fireworks booth and storage unit.
O. 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 two hundred feet thereof.
P. No alcoholic beverages shall be allowed on the premises. No person who is under the influence of alcoholic beverages or other substance shall enter or be allowed into the fireworks booth.
Q. Signage will be clearly displayed at each site providing for the fines as specified in Section 5.34.110(I).
R. Canopies within twenty-five feet of a stand must be labeled by the manufacturer as fire resistive. The total allowable canopy area within twenty-five feet of a stand shall be no larger than two hundred square feet.
S. Canopies within twenty-five feet of a stand shall meet the requirements set forth in the California Code of Regulations Title 24, Part 9, Chapter 24 and Title 19, Division 1.
T. In no instance shall any fireworks stand be located within a residential zoned district.
U. No stand shall be located closer than one hundred feet from another. (Ord. 2023-02 § 1, 2023; Ord. 2010-05 § 1, 2010; Ord. 00-1 § 3, 2000; Ord. 92-3 § 2, 1992; Ord. 644 § 10, 1982)
5.34.100 Storage of safe and sane fireworks.
All organizations applying for a permit to sell safe and sane fireworks shall submit a site plan indicating the location of the firework storage; the container in which the fireworks will be stored within, and must comply with the following (may be included in site map):
A. No person or persons shall store safe and sane fireworks within the city without going through the permit process detailed in this chapter.
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 subsections (F) and (G) of this section.
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 designee only, at a distance of no less than twenty-five feet from the fireworks stand and all other buildings or structures. For alternative storage containers see subsections (F) and (G) of this section.
E. Nonprofit organizations are responsible for providing their own security plan for all storage of fireworks located within the city limits.
F. The fire chief or 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.
G. 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. (Ord. 2023-02 § 1, 2023; Ord. 2010-05 § 1, 2010; Ord. 98-6 § 3, 1998; Ord. 92-3 § 2, 1992; Ord. 644 § 7, 1982)
5.34.110 General requirements for the sale of fireworks.
A. All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least fifty feet surrounding the stand prior to permit issuance.
B. “No Smoking” signs shall be prominently displayed on the front, back and sides of the fireworks stand.
C. Each stand must have an adult in attendance during operations and in charge while fireworks are stored therein. Sleeping or remaining in stand after close of business each day is prohibited.
D. The sale of fireworks shall not begin before twelve noon on the twenty-eighth of June and shall not continue after ten p.m. on the fourth day of July.
E. Hours of operation shall be limited to nine a.m. to ten p.m. daily.
F. All unsold stock and accompanying litter shall be removed from the location by five p.m. on the fifth day of July.
G. The fireworks stand shall be removed from the temporary location by five p.m. on the sixth day of July, and all accompanying litter shall be cleared from said location by said time and date.
H. Prior to the issuance of a permit, each applicant shall file with the city clerk a cash deposit, certificate of deposit or a surety bond made payable to the city in the amount of one hundred dollars to assure compliance with the provisions of this chapter. Such deposit, certificate or bond shall be refundable upon compliance with the provisions and requirements of this chapter, including but not limited to the removal of the stand, return of the banner, and the cleaning of the site. In the event the permittee does not so comply or remove the stand or clean the site, in the manner required by the city fire official, the city may do so, or cause the same to be done by other persons, and the reasonable cost thereof shall be a charge against the permittee and his deposit of security bond.
I. All fireworks stands shall have an eight-foot-by-eight-foot banner, provided by the fireworks manufacturer, stating that the city of Dinuba prohibits the use, sale, storage of illegal fireworks, possible fines and the phone number to report the use, storage or sales of illegal fireworks. The banner shall be displayed on the fireworks stand and in clear view. The banner will be provided upon opening inspection by the fire department and posted by end of business of opening day. (Ord. 2023-02 § 1, 2023; Ord. 2017-05 § 1, 2017; Ord. 2010-05 § 1, 2010; Ord. 92-3 § 2, 1992; Ord. 644 § 8, 1982)
5.34.120 Discharge of fireworks prohibited where.
A. No person shall light or cause to be lighted any fireworks or other combustible material within any stand or within two hundred feet thereof.
B. It is 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 feet of any residence, dwelling or other structure. (Ord. 2023-02 § 1, 2023; Ord. 2010-05 § 1, 2010; Ord. 92-3 § 2, 1992; Ord. 644 § 12, 1982)
5.34.130 Noncompliance with this chapter or applicable laws—Immediate closure of fireworks stand.
If, in the judgment of the city fire chief or city building inspector, the construction of the stand or the conduct of the operations therein does not conform to the provisions of this chapter, such officers, or either of them, may order the stand immediately closed. (Ord. 2023-02 § 1, 2023; Ord. 2010-05 § 1, 2010; Ord. 923 § 2, 1992; Ord. 644 § 13, 1982)
5.34.140 Enforcement of this chapter.
In addition to any other persons authorized by law, the fire chief or designee shall have the duty of enforcing the provisions of this chapter. In connection with such enforcement, they are authorized to enter, free of charge, at any reasonable time, any place of business, or to approach any person apparently conducting or employed in the operation of a business, to verify compliance with the provisions of this chapter and with the California Fire Code and any other Dinuba Municipal Code provisions related to fireworks enforcement. Such persons are hereby authorized to issue citations to persons violating any of the provisions of this chapter to appear in the court of the Tulare County judicial district or administrative citation hearing officer at a time fixed in the citation, not less than five days from the date of issuance of the citation unless a shorter period of time is requested by the person(s) to whom the citation is given, and such citation shall be deemed to be a complaint charging violations of this chapter. (Ord. 2023-02 § 1, 2023; Ord. 2010-05 § 1, 2010. Formerly 5.34.150)
5.34.160 Violation—Penalties.
A. Any person who allows, permits, aids, or abets any discharge or storage of dangerous fireworks (including a public display) without having first obtained a permit therefor from the fire chief or their designee shall be in violation of this chapter, unless otherwise permitted by ordinance.
B. Administrative Citation. Upon identification of an unpermitted discharge or storage of dangerous fireworks, authorized city officials may issue an administrative citation or a notice of violation to all responsible person(s) present at the unpermitted discharge or storage of dangerous fireworks per Chapter 1.18. The citing officer shall notify those responsible person(s) present at the unpermitted discharge or storage of dangerous fireworks that further violation of this chapter may result in additional fines and assessment of response costs.
C. Nothing in this chapter shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery, storage, and/or transportation of dangerous fireworks.
Persons violating this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished accordingly, as set forth in Section 1.16.015. (Ord. 2023-02 § 1, 2023; Ord. 2017-05 § 1, 2017; Ord. 2010-05 § 1, 2010; Ord. 96-2 § 3, 1996; Ord. 92-3 § 2, 1992; Ord. 644 § 15, 1982. Formerly 5.34.150)