Chapter 8.06
FIREWORKS DISPLAY AND THE SALE OF SAFE AND SANE FIREWORKS
Sections:
8.06.010 Fireworks display and the sale of safe and sane fireworks.
8.06.010 Fireworks display and the sale of safe and sane fireworks.
A. Fireworks Display: Outdoor fireworks displays, use of pyrotechnics before a proximate audience and pyrotechnic special effects in theatrical and group entertainment productions shall comply with California Code of Regulations, title 19, division 1, chapter 6, Fireworks, and this chapter.
B. Prohibited Fireworks: Except as otherwise provided in this chapter, no person shall possess, manufacture, sell, use, display or explode any dangerous fireworks including, but not limited to, any rocket, firecracker, roman candle, squib, torpedo, wire core sparkler, wooden core sparkler, black cartridge, aerial shell or other combustible device or explosive substance or any kind of fireworks, by whatsoever name known, or any altered safe and sane fireworks within the city.
C. Public Displays: Public displays of fireworks may be given under permit issued by the fire code official consistent with state law where such displays will take place under the direction and supervision of a state of California licensed pyrotechnic operator.
D. Safe and Sane Fireworks: It shall not be unlawful to possess, use, display or discharge, within the city, those fireworks that are defined and classified as safe and sane fireworks authorized and labeled by the California State Fire Marshal during the period from noon on the 28th of June through eleven o’clock (11:00) P.M. on the 4th of July of the same calendar year. Any person in violation of this section with amounts up to but not exceeding twenty-five (25) pounds shall be cited for an infraction.
E. Sale of Safe and Sane Fireworks: The sale of safe and sane fireworks authorized and labeled by the California State Fire Marshal, within the city, shall be permitted only between twelve o’clock (12:00) P.M. and ten o’clock (10:00) P.M. on the 28th of June of each year; nine o’clock (9:00) A.M. through ten o’clock (10:00) P.M. on June 29th through the 3rd of July; and nine o’clock (9:00) A.M. and eight o’clock (8:00) P.M. of the 4th of July of the same calendar year. No person shall sell or offer to sell or expose for sale any safe and sane fireworks to any person under the age of eighteen (18) years.
F. Permits: It is unlawful for any person, firm, or corporation to sell safe and sane fireworks within the city without having first applied for and received a city permit therefor, in addition to the required state license.
1. Typically, the city will open the application period to receive a permit on April 1st or the first working day thereafter.
2. Typically, the application period will close April 20th or the first workday thereafter.
3. The city maintains the right to open and close the application period before or after April 1st and April 20th to meet the needs of the city. Regardless, the city shall notify the public two (2) weeks in advance of the permit application period to assist interested qualified nonprofit groups in knowing when the application period begins.
G. Permit Requirements: The following are requirements for an application for a permit to sell safe and sane fireworks in the city:
1. No permit to sell safe and sane fireworks shall be issued to any person or business entity except nonprofit organizations.
a. "Nonprofit organization" means: (1) any nonprofit association, charity or corporation organized pursuant to the Internal Revenue Code or California Revenue and Taxation Code; or (2) a group which is an integral part of a recognized national organization having such tax-exempt status; or (3) an organization officially affiliated with and officially recognized by: (A) an elementary school, middle school, and/or high school and/or school district that serves, in whole or in part, the residents of the city, or (B) a public and/or private community college, college and/or university which is located within the boundaries of the city.
2. Any nonprofit organization that is qualified to sell safe and sane fireworks must meet all of the following criteria for a continuous period of not less than one full year preceding submittal of an application for a permit to sell fireworks required by this chapter and which continues to meet the criteria for the duration of any permit to sell fireworks issued by the city:
a. The organization must have its principal and permanent meeting place within the city.
b. The organization must have a demonstrated benefit or provide a service to the citizens of Greenfield.
c. The organization must have a minimum bona fide membership of at least twenty (20) members who either reside in the city or are owners or operators of a business or other establishment located in the city or attest that the otherwise qualified organization will have a minimum of twenty (20) volunteers to staff a fireworks booth. The organization shall provide documentation demonstrating the minimum bona fide membership to the satisfaction of the permitting official.
d. The organization must not have been found by any court of competent jurisdiction or city administrative hearing officer to be in violation of any civil or criminal local, state or federal law within twenty-four (24) calendar months prior to the organization’s submittal of an application for a permit to sell fireworks.
e. All applications for permits shall be accompanied by a California State Board of Equalization temporary sales tax permit.
f. All applications for permits shall be in writing to the fire department on forms supplied by the city.
g. Applications must be filed thirty (30) days prior to the actual sale or display.
h. Applications shall set forth the proposed location of the fireworks stand.
i. Applications shall be accompanied by a certificate of insurance in a form approved by the city attorney showing public liability insurance coverage in a minimum amount of one million dollars ($1,000,000.00).
j. All applications for permits shall be accompanied by a copy of a retail sales permit issued by the California State Fire Marshal.
k. Applicants shall furnish such other data or information as may be required relating to the issuance of such fireworks permits.
l. Applications shall identify the name, organizational form, address of the principal meeting place, number of members, the purpose of the organization or corporation and the date it came into existence within the city. Only those organizations that are located within the city limits will be allowed to sell fireworks. Each organization, and its affiliated groups, will be limited to no more than one booth.
m. Every application shall designate one or more individuals as the fireworks stand safety officer. That individual shall be required to attend a fireworks stand operators safety orientation session conducted or approved by the city’s fire department prior to issuance of the permit. The fireworks stand safety officer(s) must attend the seminar each year regardless of whether or not they have previously attended such a seminar in the past. There shall be an approved safety officer working in the stand at all times to include loading and unloading of fireworks. The safety officer shall have a signed card showing they have attended the annual fireworks stand operators safety orientation session in their possession at all times.
n. Each application shall be accompanied by the applicable permit fee. Such fee shall be nonrefundable. The fee shall be used to defray the expense of administering the provisions of this section and to provide safety and informational material and programming relative to fireworks.
H. Permit Revocation: The fire chief may suspend or revoke any permit upon proof that the permitted organization or corporation, or any of its members, has violated any of the provisions of this section relating to fireworks. If the fire chief determines that the suspension occurred too late in the limited sales period to have the necessary deterrent effect, he or she may disqualify the permitted person or organization from obtaining a permit for a period of up to two additional years. Such additional disqualifications may be appealed to the city manager in writing within fifteen (15) calendar days of the action.
I. Number of Permits Issued: Except as otherwise provided, not more than five permits for fireworks shall be issued during any one calendar year. In the event more than fifteen (15) applications for permits are received, priorities for issuing of permits shall be determined by the fire chief as follows:
1. First priority shall be to those applicants who received a permit in the prior calendar year and actually operated a fireworks stand in full compliance with city standards; provided, however, that such priority shall expire after five (5) consecutive years, and that nothing herein shall be construed so as to permit more than one fireworks stand per organization.
2. Second priority shall be to those otherwise qualified organizations.
3. In the event that the number of applicants within a given class of priority exceeds the number of permits remaining to be granted, then the selection of permittees shall be by lottery. Such lottery shall be conducted in public by the fire chief who shall notify all applicants at least five (5) days in advance of the date and time of the lottery.
J. Temporary Fireworks Stands: Retail sales of safe and sane fireworks are permitted only from within a temporary fireworks stand and are subject to the following provisions:
1. No person other than the permitted organization shall operate the fireworks stand for which the permit is issued or share or otherwise participate in the profits of the operation of such stand.
2. No person other than the individuals who are members of the permitted organization shall sell or otherwise participate in the sale of safe and sane fireworks.
3. Each fireworks stand shall have a safety officer who is a responsible adult and has attended the annual safety orientation and has received a card showing they successfully completed the training. There shall be at least one qualified safety officer working in the fireworks stand at all times while it is being used for the sale of safe and sane fireworks.
4. All safe and sane fireworks shall be retained or stored at the approved location of the fireworks stand, and in no event shall fireworks, other than those which have been sold, be removed from the approved fireworks stand location to any other place within the city.
6. There shall be no drinking or possession of alcoholic beverages or the consumption of any other medications or substances that can impair judgment or coordination in or about the fireworks stand or storage site at any time.
7. Fireworks stands may only be located on property zoned for commercial or industrial uses.
8. No fireworks stand shall be located within twenty-five feet (25') of any other building or within fifty feet (50') of any gasoline station, fuel pump, storage tank, generator or bulk plant.
9. Fireworks stands shall be located at least one hundred feet (100') apart from any other fireworks stand.
10. Fireworks stands shall comply with the provisions of the building code as determined by and at the discretion of the building official. All stands shall be erected under the supervision of the building official. The building official shall require that stands be constructed in a manner which will reasonably ensure safety of attendants and patrons.
11. Temporary electrical wiring within the fireworks stand shall be prohibited.
12. Electrically powered equipment shall be located at least ten feet (10’) from the fireworks stand.
13. Each stand shall have at least two (2) approved exits located at opposite ends of the stand.
14. Any relocation of a fireworks stand shall be subject to prior approval of the fire chief.
15. Each fireworks stand shall be provided with 2A10BC or two and one-half (2.5) gallon "water-type" fire extinguishers approved by the fire chief, in good working order and easily accessible for use in case of fire. Such fire extinguishers shall be kept at or immediately near the fireworks stand.
16. All weeds and/or combustible materials shall be cleared from the location of the fireworks stand, to a distance of at least thirty feet (30').
17. When the fireworks stand is not being used for the sale and/or display of fireworks, all fireworks shall be stored in a manner consistent with one of the following:
a. Within a reinforced, heavy metal, fully enclosed container, walk-in type drop box, or its equivalent, as approved by the fire code official; or
18. Igniting Fireworks Near Stand: It is unlawful to discharge or ignite fireworks of any type within twenty-five feet (25') of a fireworks stand.
19. Removal of Fireworks Stand: Fireworks stands shall be removed from the temporary locations by noon on the tenth day of July, and all accompanying litter shall be cleared from the locations by that time.
20. A city-approved safety brochure shall be given to customers during every sale of fireworks. (Ord. 552 §1, 2022; Ord. 546 §1, 2020).