Chapter 9.12
FIREWORKS
Sections:
9.12.020 Dangerous fireworks prohibited.
9.12.030 Permit for limited public display.
9.12.050 Investigation of display hazards.
9.12.060 Public displays supervised by fire chief.
9.12.070 Scope of public display permits.
9.12.010 Definitions.
For the purpose of this chapter, the following words, terms, and phrases are defined as follows:
A. “Dangerous fireworks” means those fireworks, chemical compounds, or pyrotechnic devices as defined in Section 12505 of the Health and Safety Code.
B. “License” means a nontransferable authorization granted by the State Fire Marshal to conduct a limited public display.
C. “Insurance” means the public liability and property damage insurance as required by Section 12610 of the Health and Safety Code.
D. “Fire chief” means the chief officer of the Fortuna fire protection district.
E. “Limited public display” means an entertainment feature where the public is admitted or permitted to view the display or discharge of dangerous fireworks at a single performance or exhibition.
F. “Permit” means the nontransferable permission granted by the city manager to hold a limited public display of dangerous fireworks. (Ord. 2010-682 § 2; Ord. 79-423 § 1).
9.12.020 Dangerous fireworks prohibited.
No person shall manufacture, possess, sell, offer for sale, store, display, dispose of, give away, keep stock, discharge, explode, fire or set off any dangerous fireworks within the city. (Ord. 79-423 § 2).
9.12.030 Permit for limited public display.
Notwithstanding the provisions of FMC 9.12.020, the city manager in the city manager’s discretion may grant permits for limited public displays of fireworks under whatever reasonable conditions he or she may prescribe. Applications for permits shall be filed in writing with the city clerk not less than 30 days before the public display. Upon receipt of the application, the city clerk shall refer the request to the fire chief for his review and recommendations as provided in Section 12645 of the Health and Safety Code prior to submitting the application for approval or denial by the city manager. (Ord. 2010-682 § 2; Ord. 79-423 § 3).
9.12.040 Permit requirements.
The application for a permit to conduct a limited public display shall be upon a form provided by the city clerk and shall include the following:
A. Evidence that the person requesting the permit is licensed by the State Fire Marshal to conduct limited public displays of dangerous fireworks;
B. Evidence of Workers Compensation Insurance for any employees of the applicant as required by Section 12649 of the Health and Safety Code;
C. Evidence of insurance as required by Sections 12610 and 15611 of the Health and Safety Code;
D. The name of the person to whom the permit is to be issued along with a list of all employees that will be conducting the display;
E. The type of fireworks to be discharged;
F. The date, time and place the public display is to be conducted;
G. Such other information as the city manager or fire chief may require;
H. A fee of $10.00 to cover the cost of processing the application. (Ord. 2010-682 § 2; Ord. 79-423 § 4).
9.12.050 Investigation of display hazards.
The fire chief shall make an investigation to determine whether such a display as proposed will be of such character, or so located, that it may be hazardous to property or dangerous to any person. He shall, in the exercise of reasonable discretion, recommend granting or denying the permit, subject to such conditions as he may prescribe. (Ord. 79-423 § 5).
9.12.060 Public displays supervised by fire chief.
Any public displays of fireworks shall be under the supervision of the fire chief and such persons as he shall designate and authorize. (Ord. 79-423 § 6).
9.12.070 Scope of public display permits.
When a permit for a limited public display of fireworks is granted, the sale, possession, transportation and use of fireworks for the public display is lawful for that purpose only. The permit to hold a limited public display shall authorize the transportation of public display fireworks between the approved routes, as specified in Section 12651 of the Health and Safety Code and the public display site. (Ord. 79-423 § 7).