Chapter 5.34
FIREWORKS
Sections:
5.34.010 Sale and discharge of safe and sane fireworks—Permitted when.
5.34.015 Special provisions for the year 2000 celebration.
5.34.020 Permit required to sell fireworks.
5.34.030 Application for permit—Contents.
5.34.040 Permit fee.
5.34.050 Qualifications for issuance of permit.
5.34.060 Notice to applicant of granted or rejected permit.
5.34.070 Temporary sales tax permit required.
5.34.080 Display of state license, city permit and sales tax permit required.
5.34.090 Operation of stand.
5.34.100 Temporary fireworks stands permitted only—Building dimensions.
5.34.110 General requirements for the sale of fireworks.
5.34.120 Discharge of fireworks prohibited where.
5.34.130 Storage.
5.34.140 Noncompliance with chapter—Immediate closure of fireworks stand.
5.34.150 Violation—Penalties.
5.34.010 Sale and discharge of safe and sane fireworks—Permitted when.
A. 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 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.
B. 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 from nine a.m. to ten p.m. on the fourth day of July.
C. Safe and sane fireworks as defined by Section 12529 of the Health and Safety Code of the state of California may be discharged within the city during the period beginning at nine a.m. 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. 00-1 § 2, 2000; Ord. 932 § 2, 1993: Ord. 92-3 § 2 (part), 1992: Ord. 644 § 1, 1982)
5.34.015 Special provisions for the year 2000 celebration.
A. In recognition of the start of the new millennium, and in addition to the annual time periods for the sale and discharge of safe and sane fireworks as set forth in Section 5.34.010 of this chapter, and subject to the renaming provisions of this chapter, except as expressly provided in this section, the sale of safe and sane fireworks shall be permitted during the period beginning nine a.m. on December 26, 1999, and ending at ten p.m. on December 31, 1999, in anticipation of the celebration of the year 2000.
B. “Safe and sane fireworks,” as defined by Section 12529 of the Health and Safety Code of the state of California, may be discharged within the city within the period beginning at nine a.m. on December 26, 1999, and ending at nine p.m. on January 2, 2000, in connection with the anticipated celebration of the year 2000.
C. In addition to the annual time periods for the sale and discharge of safe and sane fireworks, as set forth in Section 5.34.010 of this chapter, and subject to each of the remaining provisions of this chapter, except as otherwise provided in this chapter, and notwithstanding any provision of this chapter, the only entity that will be licensed to sell safe and sane fireworks in connection with the anticipated year 2000 celebration shall be the city.
D. The city shall be authorized and permitted to sell safe and sane fireworks pursuant to this chapter and without the need for city applications and city permits as codified in Sections 5.34.020 through 5.34.080, inclusive.
E. The city shall be subject to the requirements of this chapter in all other respects regarding the location and manner of fireworks sales pursuant to this chapter. (Ord. 99-8 § 1, 1999)
5.34.020 Permit required to sell 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.
A. The Pro-Youth Dinuba commission shall be authorized and permitted to sell safe and sane fireworks pursuant to this chapter without seeking a permit through the lottery process set forth in Section 5.34.050.
B. The Pro-Youth Dinuba commission shall be subject to the requirements of this chapter in all other respects regarding the location and manner of fireworks sales pursuant to this chapter. (Ord. 2006-02 § 1, 2006: Ord. 92-3 § 2 (part), 1992: Ord. 644 § 2, 1982)
5.34.030 Application for permit—Contents.
All applications for a permit to sell fireworks shall:
A. Be made in writing accompanied by a permit fee of two hundred fifty dollars;
B. Be made between the first business day and the last business day of June of each year;
C. Set forth the proposed location of the fireworks stand;
D. Be accompanied by an assurance that if the permit is issued to applicant, applicant shall, at the time of receipt of permit, deliver to the city clerk a five hundred thousand dollars combined single limits insurance certificate designating the city as an additional insured, and a copy of the required license from the State Fire Marshall;
E. Include a statement that the applicant agrees to comply strictly with the terms of any retail permit granted it and furnish any additional information upon request of the city. (Ord. 92-3 § 2 (part), 1992: Ord. 644 § 3, 1982)
5.34.040 Permit fee.
The permit fee for selling fireworks within the city shall be two hundred fifty dollars which fee must be paid at the time each application for a stand is filed. (Ord. 00-1 § 4, 2000: Ord. 92-3 § 2 (part), 1992: Ord. 644 § 9, 1982)
5.34.050 Qualifications for issuance of permit.
The following qualifications must be met by each applicant for a permit:
A. No permit shall be issued to any person, firm or corporation except nonprofit associations or corporations organized primarily for civic betterment or youth activities.
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. No organization may receive more than one permit for fireworks sales during any one calendar year. Ow permit may be issued to two or more qualifying applicants as a joint venture. The maximum number of permits which may be issued during any one calendar year shall not exceed one permit for each two thousand five hundred residents of the city, or fraction thereof, based on the latest census estimate.
D. Except as otherwise provided for in Section 5.34.020 for Pro-Youth Dinuba, during the first week after July 4th, the city clerk shall draw the appropriate number of names of organizations who are to be the permittees for the following year. Each organization will hold a permit for two consecutive years. Beginning in 2002 (for the fireworks year of July 2003), and every even year thereafter, there will be four slots available for two-year periods, and there will be four slots available in the odd years, until the city’s population exceeds twenty thousand. Each participating organization in a joint venture shall be deemed to be a committee. (Ord. 2006-02 § 2, 2006; Ord. 2002-04 § 1, 2002; Ord. 98-6 § 2, 1998; Ord. 92-3 § 2 (part), 1992: Ord. 644 § 5, 1982)
5.34.060 Notice to applicant of granted or rejected permit.
Applicants for a permit shall be notified by the city clerk by July 15th of the granting or rejection of such application for a permit. (Ord. 92-3 § 2 (part), 1992: Ord. 644 § 4,1982)
5.34.070 Temporary sales tax permit required.
Organizations selling fireworks are required to obtain a temporary sales tax permit from the State Board of Equalization. (Ord. 92-3 § 2 (part), 1992: Ord. 644 § 10, 1982)
5.34.080 Display of state license, city permit and sales tax permit required.
State license and city permit to sell fireworks, and temporary sales tax permit shall be displayed in a prominent place in the fireworks stand. (Ord. 92-3 § 2 (part), 1992: Ord. 644 § 11, 1982)
5.34.090 Operation of stand.
A. No entity other than the permittee organization shall operate the stand for which the permit is issued.
B. All persons engaged in the selling of fireworks shall be over the age of eighteen years. At least one person twenty-one years of age or older must be in attendance and in charge during the hours of booth operation. No person under the age of eighteen shall sell, or handle for sale, any classification of fireworks.
C. No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at such stand. (Ord. 00-1 § 3, 2000; Ord. 92-3 § 2 (part), 1992: Ord. 644 § 10, 1982)
5.34.100 Temporary fireworks stands permitted only—Building dimensions.
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 building and not within one hundred feet of any gasoline pump.
B. Fireworks stands need not comply with the provisions of the building code; provided, however, that all stands shall be erected under the supervision of the city building inspector, who shall require that stands be constructed in a manner that will reasonably ensure the safety of attendants and customers.
C. No stand shall have a floor area in excess of four hundred square feet. The width of each stand shall be a minimum of ten feet and the length shall be a maximum of forty feet.
D. Each stand must have at least two exits.
E. Each stand shall be provided with a two and one-half gallon water pressure type fire extinguisher and a 2Al0BC rated dry chemical fire extinguisher in good working order and easily accessible for use in case of fire.
F. Each applicant shall file with the city clerk written permission from the record owner of the property where the applicant’s stand is to be located. There shall be one stand per location, as determined by the city fire chief or city building official. (Ord. 98-6 § 3, 1998; Ord. 92-3 § 2 (part), 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 a least fifty feet surrounding the stand.
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 and in charge while fireworks are stored therein. Sleeping or remaining in stand after close of business each day is forbidden.
D. The sale of fireworks shall not begin before twelve noon on the twenty-eighth of June and shall not continue after eight p.m. on the fourth day of July.
E. Hours of operation shall be limited to nine a.m. to nine 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 eight 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 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 building inspector, 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 surety bond. (Ord. 92-3 § 2 (part), 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. 92-3 § 2 (part), 1992: Ord. 644 § 12, 1982)
5.34.130 Storage.
Safe and sane fireworks may be stored within the city, pursuant to the following provisions:
A. Buildings or parts of buildings used for the storage of safe and sane fireworks shall be classified as Group B, Division 2 occupancies, as provided in the Uniform Building Code, 1979 Edition, and shall meet the requirements for such occupancies. However, under no condition shall any building or parts of buildings be used that are not provided with an automatic sprinkler system.
B. Buildings or parts of buildings used for storage shall meet the zoning requirements of the city and a permit to store shall be issued by the city.
C. Signs with the wording “Fireworks—No Smoking,” in letters a minimum of four inches high, shall be conspicuously located throughout the building.
D. Fire extinguishers, of the water pressure type, shall be located so there is not more than fifty feet of travel to any fireworks storage.
E. Stacks of merchandise shall be limited in size to twelve thousand cubic feet, and each stack shall be separated from other stacks by eight-foot-wide aisles. (Ord. 923 § 2 (part), 1992: Ord. 644 § 13, 1982)
5.34.140 Noncompliance with chapter—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 do not conform to the provisions of this chapter, such officers, or either of them, may order the stand immediately closed. (Ord. 92-3 § 2 (part), 1992: Ord. 644 § 14, 1982)
5.34.150 Violation—Penalties.
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 of this code. (Ord. 96-2 § 3, 1996: Ord. 92-3 § 2 (part), 1992: Ord. 644 § 15, 1982)