Chapter 8.16
FIREWORKS
Sections:
8.16.030 Permit – Application.
8.16.040 Permit – Prerequisites to issuance.
8.16.050 Permit applications – Notice of acceptance or rejection.
8.16.060 Revised and renumbered as 8.16.040.
8.16.070 Suspension of permit – Appeal procedure.
8.16.080 Fireworks stand – Operation.
8.16.090 Fireworks stands – Requirements.
8.16.100 Deleted and revised as 8.16.090.
8.16.110 Deleted and revised as 8.16.030(E).
8.16.115 Fee imposed upon distributors.
8.16.120 Temporary sales tax permit – Requirements.
8.16.130 Dates and hours of sale and use.
8.16.140 Permissible locations for discharge.
8.16.150 Prohibitions on discharge.
8.16.155 Social host liability.
8.16.190 Concurrent authorities.
8.16.220 Provisions supplementary.
8.16.010 Definitions.
The following words and phrases, as used in this chapter, are defined as follows:
A. “Dangerous fireworks” means dangerous fireworks as set forth in California State Fireworks Law (Sections 12505 and 12561 of the Health and Safety Code and the relevant sections of Title 19, Code of Regulations, Subchapter 6) which are hereby incorporated by reference.
B. “Safe and sane fireworks” or “fireworks” (a.k.a. “state-approved fireworks”) means safe and sane fireworks as set forth in California State Fireworks Law (Sections 12529 and 12562 of the Health and Safety Code and the relevant sections of Title 19, Code of Regulations, Subchapter 6) which are hereby incorporated by reference.
C. “Person” means and includes a natural person or a legal entity that is also an owner, tenant, lessee and/or other person with any right to possession or control of the property.
D. “Nonprofit organization” means (1) any nonprofit association, charity, church, corporation, club, or society, organized primarily for veteran, patriotic, welfare, civic, benevolent, betterment, youth activities, or charitable purposes, or (2) a group which is an integral part of a recognized nonprofit national organization, or (3) an organization affiliated with and officially recognized by an elementary, junior high, high school, school district, and/or college that serves, in whole or in part, the residents of Gardena, and has obtained a nonprofit status with either the California Franchise Tax Board or the Internal Revenue Service.
E. “Principal and permanent meeting place” means and includes, but is not limited to, a permanent structure, playing field, geographic area, or service population which resides in or is located within the city of Gardena.
F. “Gardena city clerk” or “city clerk” means the Gardena city clerk and/or his or her designee or designees.
G. “Residents of the city” or “city residents” means and includes owners of businesses and/or property in the city as well as occupants of residential dwellings.
H. “Director” shall mean the community development director or his or her designee(s).
I. “Fire chief” shall mean the fire chief of the County of Los Angeles and/or his or her designee or designees.
J. “Property” means:
1. Private property including: a home, yard, apartment, condominium, accessory dwelling unit, hotel, or motel room or other dwelling unit, a hall or meeting room, or commercial property, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function, and whether owned, leased, rented, or used with or without compensation.
2. Public property such as rented or reserved public facilities including space at a public park.
K. “Social host” means any of the following:
1. Any owner of property as listed on the most recent assessment roll;
2. Any person who has the right to use, possess or occupy a property under a lease, permit, license, rental agreement, reservation or contract; or
3. Any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering. (Ord. 1827 § 3, 2021; Ord. 1726 § 11, 2011; Ord. 1671 § 1, 2005; Ord. 1564 § 2 (part), 1999)
8.16.020 Permit – Required.
A. Except as provided in this chapter, it is unlawful to offer for sale or sell at retail “safe and sane fireworks” without having first applied for and been issued a permit therefor, in the manner set forth in this chapter.
B. Permits for the sale of safe and sane fireworks shall be issued only to nonprofit organizations, and such safe and sane fireworks shall be sold only at the outdoor sales stands, as more specifically set forth hereinafter. No more than eight such permits shall be issued and be outstanding at any time. (Ord. 1827 § 4, 2021; Ord. 1785 § 2, 2018: Ord. 1671 § 1, 2005; Ord. 1564 § 2 (part), 1999. Formerly 8.16.030)
8.16.030 Permit – Application.
A. All applications for a permit to sell fireworks shall be filed with the community development department between March 1st and March 31st of each year, and accompanied by a fee in an amount set by resolution of the city council.
B. Any application packet which is not properly completed and submitted to the community development department before the close of business on March 31st will not be considered for the issuance of a permit.
C. The application for the permit shall be made in writing on a form supplied by the city. A completed permit application package shall include, but not be limited to:
1. Proper identification and signature of the permit applicant.
2. The proposed location of the fireworks sales stand.
3. The dates and hours the applicant proposes the stand to be open.
4. Detailed statement of each and every kind of fireworks proposed to be sold.
5. Written consent of the owner of record and/or lessor of the property, whichever is the controlling party, upon which the proposed sales stand will be located.
6. The plan for staffing the stand during the proposed days and hours of operation.
7. Fireworks distributor’s (the “company”) name, address, telephone number, and point of contact.
8. Proof of a temporary sales tax permit from the State Board of Equalization or proof of application.
9. Proof of insurance to include one million dollars public liability, property damage, and product liability insurance policies with riders attached to the policies designating the city as an additional insured.
10. Proof of a State Fire Marshal retail fireworks license.
D. At the time of filing the application for a permit to sell fireworks, pursuant to subsection C of this section, the fireworks distributor (“company”) involved with the applicant must simultaneously file an application for temporary use permit (TUP), and pay the requisite fees.
E. Each applicant shall file with the city, at the time of filing their permit application, a refundable cash deposit, certificate of deposit, or a surety bond made payable to the city in the amount as set by resolution of the city council as to assure compliance with the provisions of this chapter. Such deposit or certificate shall be refundable upon compliance with the provisions and requirements of this chapter, including but not limited to the removal of the stand, cleaning of the site, and full compliance by the permittee to pass the city’s site inspection. (Ord. 1738 § 61, 2012: Ord. 1671 § 1, 2005; Ord. 1564 § 2 (part), 1999. Formerly 8.16.040, 8.16.100, 8.16.110, 8.16.120)
8.16.040 Permit – Prerequisites to issuance.
Each applicant must meet the following qualifications for a permit issued under this chapter:
A. A permit shall only be issued to a Nonprofit organization. Such Nonprofit organization must conduct its activities primarily for the benefit of the city and its residents, or must serve more city residents than non-city residents, to be eligible to receive a permit.
B. Each such Nonprofit organization must have a principal and permanent meeting place in the city and have been organized and established in the city’s corporate limits for a minimum of one year continuously preceding the filing of application for the license permit, and must have a bona fide membership of at least twenty-five members, the majority of whom are residents of the city.
C. No Nonprofit organization may receive more than one permit for fireworks sale during any one calendar year. One permit may be issued to two or more qualifying applicants as a joint venture. The maximum number of permits, which may be issued pursuant to this chapter during any one calendar year, shall not exceed eight.
D. If the number of applications exceed the number of permits to be issued, the permittees during the preceding year shall have first priority for the available permits. A permittee shall retain its priority from year to year only so long as the permittee continues to represent each and all of the participating organizations, which operated under the permit during the preceding year. Each participating organization shall be deemed to be a co-permittee claiming first priority and shall have the same duties and liabilities under the permit. Any change in organizations within the joint venture shall constitute a change causing that joint venture to lose its priority. If there are any additional permits available after priority organizations have been considered, such additional permits shall be granted by a lottery supervised by the city clerk held on or before April 16. In the, lottery, joint ventures shall receive one lot for all Nonprofit organizations that comprise the joint venture, and individual applicants shall receive one lot. Any prior permittee, the permit of which has been suspended under the provisions of Section 8.16.070, shall lose its priority, and shall be eligible for the lottery only upon satisfying the Fire Chief that suitable arrangements have been made to preclude future violations. If the Fire Chief certifies his satisfaction, such permittee shall be permitted to compete with other additional applicants for such additional permits as may be available through the lottery.
E. Each Nonprofit organization must have one fireworks stand salesperson, per sales shift, attend an operator safety seminar administered by the Los Angeles County Fire Department. (Ord. 1671 § 1, 2005; Ord. 1564 § 2 (part), 1999. Formerly 8.16.060)
8.16.050 Permit applications – Notice of acceptance or rejection.
Applicants for any such permits shall be notified by the community development director, or their designee, by May 15th of the granting or rejection of such applications for fireworks stand and Temporary Use Permits. (Ord. 1726 § 28 (part), 2011; Ord. 1671 § 1, 2005; Ord. 1564 § 2 (part), 1999)
8.16.060 Revised and renumbered as 8.16.040.
(Ord. 1671 § 1, 2005; Ord. 1564 § 2 (part), 1999)
8.16.070 Suspension of permit – Appeal procedure.
A. The Fire Chief or his designee shall be authorized to suspend immediately and without notice or formal hearing the permit of any permittee which violates any rule, regulation or ordinance while operating or preparing to operate a fireworks stand during or immediately preceding any period of sale. If the Fire Chief or his designee establishes that a violation has occurred during, immediately preceding, or immediately following the authorized period of sale, he shall have power to suspend the permittee from future permits, or suspend the priority of the permittee.
B. The decision of the Fire Chief or his designee to suspend the permit of any permittee shall be subject to review by the community development director forthwith. In view of the limited sales period each year, for suspensions affecting the sale period, such hearing shall be held at the earliest possible time that the permittee, community development director or his designee, and the representative of the Fire Chief can schedule a meeting for such review for suspensions after the sale period. The hearing shall be within one month after the request for hearing, which request must be made within fifteen days after notice of the suspension. The community development director or his designee is authorized to set aside the suspension, or to modify the suspension by limiting its effect to only one or more days, or to make a determination regarding application for permit in future years. The decision of the community development director or his designee shall be final. (Ord. 1726 § 28 (part), 2011; Ord. 1671 § 1, 2005; Ord. 1564 § 2 (part), 1999)
8.16.080 Fireworks stand – Operation.
A. It is unlawful for the permitted Nonprofit organization to permit any person other than the permitted Nonprofit organization to operate the stand for which the permit is issued or to otherwise participate in the profits of the operation of such stand.
B. It is unlawful for the permitted Nonprofit organization to permit any person other than the individuals who are members of the permitted Nonprofit organization, or the spouses or adult children of such members, to sell or otherwise participate in the sale of fireworks at such stand.
C. It is unlawful for the permitted Nonprofit organization to pay any consideration to any person for selling or otherwise participating in the sale of fireworks at such stand.
D. Each stand must have an adult in attendance and in charge thereof while fireworks are stored therein. Sleeping or remaining in the stand after close of each business day is forbidden. All unsold fireworks must be securely stored in a locked container during non-sale periods.
E. Each stand must have on duty at all times during the sales period, at least one salesperson who attended the Los Angeles County Fire Department operator safety seminar.
F. The sale of fireworks shall conform to restrictions under Section 8.16.130 below.
G. All unsold stock and accompanying litter shall be removed from the location by five p.m. on July 5 of each year. (Ord. 1671 § 1, 2005; Ord. 1564 § 2 (part), 1999)
8.16.090 Fireworks stands – 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 hereby prohibited. Temporary stands shall be subject to the following provisions:
A. Fireworks stands must be dropped off no earlier than eight a.m. on June 26 of each year.
B. No fireworks stand shall be located within twenty-five feet of any other building structure, five feet of a curbline, or within one hundred feet of any gasoline pump.
C. No weeds or other combustible materials shall be permitted within 25 feet of a stand.
D. All fireworks stands shall be pre-assembled metal stands only with no more than two hundred fifty-six square feet. All fireworks stands will be pre-wired for interior and exterior lighting. All stands will have attached metal floors to enhance security and water proofing.
E. All electrical shall be in conduits. The breaker boxes will consist of GFI breakers. The manufacturer must have installed all wiring. All stands shall meet the approval of the City’s building and safety division, and must be in accordance with the safety requirements of the City, prior to the beginning of sale.
F. No generators shall be allowed within twenty-five feet of the fireworks stand.
G. “No Smoking” signs must be displayed on and in the fireworks stand.
H. Each stand must have at least three exits, approximately equal distance apart and in no case shall the distance between exits exceed twenty-four feet.
I. There shall be no signs displayed in the public right-of-way, except for the signs dispensed by the City described in subsections 8.16.090.G above, 8.16.090.O below, and those that come with the pre-assembled stands.
J. Each stand shall be provided with two, two-and-one-half gallon soda-and-acid or water pressure type fire extinguishers, underwriter approved, in good working order, and easily accessible for use in case of fire.
K. The fireworks stand shall be removed from the temporary location by twelve noon on July 6 of each year and all accompanying litter shall be cleared from the location by said time and date.
L. In the event the permittee does not so comply or remove the stand or clean the site in a manner required by the director of the building and safety division, the city may do so, or cause the same to be done by other persons, and the reasonable cost thereof shall be charged against the permittee and his surety and the deposit. Any permittee found to be in violation of this section shall be fined at an amount equal to the deposit, assessed on a per day basis, for each violation.
M. The permit to sell fireworks shall be displayed in a prominent place in the fireworks stand.
O. In addition to any other administrative procedures set forth by the City, it shall be the responsibility of each holder of a permit under this chapter to display a poster measuring 18” x 32” which shall be posted at the point of sale of the fireworks to notify purchasers of all applicable restrictions established by the Gardena Municipal Code. The city shall provide the posters, which shall be returned to the city after use. (Ord. 1671 § 1, 2005; Ord. 1564 § 2 (part), 1999)
8.16.100 Deleted and revised as 8.16.090.
(Ord. 1671 § 1, 2005; Ord. 1564 § 2 (part), 1999)
8.16.110 Deleted and revised as 8.16.030(E).
(Ord. 1671 § 1, 2005; Ord. 1629 § 9, 2003; Ord. 1564 § 2 (part), 1999)
8.16.115 Fee imposed upon distributors.
A. Each fireworks wholesaler or distributor providing safe and sane fireworks to organizations permitted under this chapter shall pay an annual regulatory fee to the city in an amount equal to twenty thousand dollars, or such other amount as may subsequently be established by resolution of the city council, multiplied by a fraction, the denominator of which is the number of permittees under permits issued by the city under this chapter, adjusted in accordance with subsection D of this section, and the numerator of which is the number of such permittees supplied by the wholesaler or distributor upon whom the fee is imposed.
B. The fee required by this section shall be payable within five days from the date that the community development director or designee notifies applicants that their permit has been approved pursuant to Section 8.16.050.
C. No fireworks wholesaler or distributor may supply a permittee with safe and sane fireworks, and no permittee may offer for sale or sell such fireworks, unless and until the fee imposed by this section has been paid to the city.
D. In the event a permittee is unable to operate under a permit issued under this chapter due to the failure of a wholesaler or distributor to pay the fee imposed herein, that permittee shall not be counted in the denominator for purposes of computing the spread of the fee under subsection A of this section.
E. Said annual regulatory fee was established not to generate revenue for the city, but to attempt to offset hard costs associated with police, public works, and recreation department staffing during the fireworks sale and discharge period, as well as other costs associated with ensuring community safety. (Ord. 1726 § 28 (part), 2011; Ord. 1671 § 1, 2005; Ord. 1571, 1999; Ord. 1564 § 2, 1999)
8.16.120 Temporary sales tax permit – Requirements.
A. Nonprofit organizations permitted for the selling of fireworks are required to obtain a temporary sales tax permit from the State Board of Equalization.
B. The temporary sales tax permit shall be displayed in a prominent place in the fireworks stand. (Ord. 1671 § 1, 2005; Ord. 1564 § 2 (part), 1999)
8.16.130 Dates and hours of sale and use.
Safe and sane fireworks may be sold or displayed within Gardena between the hours of 9:00 a.m. and 10:00 p.m. during the period between June 28th and July 4th of each year. Safe and sane fireworks may be possessed during the period from June 28th to 10:00 p.m. on July 4th of each year. All sale, display and possession shall be conducted pursuant to the provisions of this chapter and not otherwise. It is unlawful for any person to discharge any safe and sane fireworks except during the hours between 12:00 noon and 10:00 p.m. on July 4th of each year in any area of the city. (Ord. 1827 § 5, 2021; Ord. 1785 § 3, 2018: Ord. 1749 § 1, 2014: Ord. 1671 § 1, 2005; Ord. 1564 § 2 (part), 1999. Formerly 8.16.020)
8.16.140 Permissible locations for discharge.
The use of fireworks in the city shall be limited to private property except as otherwise provided in this chapter. No fireworks shall be discharged on public, semipublic, or private open areas such as parking lots, vacant properties, or in a public street or right-of-way, except in public parks and those areas approved by the fire chief. (Ord. 1564 § 2 (part), 1999)
8.16.150 Prohibitions on discharge.
A. It is unlawful for any person to ignite, use, discharge, sell, offer for sale, or display for sale any dangerous fireworks, or take any action requiring a permit under California Health and Safety Code Section 12640, without a permit from the fire chief.
B. It is unlawful for any person to ignite, explode, project, or otherwise fire or use any fireworks, or permit the ignition, explosion or projection thereof, upon or over onto the property of another without his/her consent, or to ignite, explode, project, or otherwise fire or make use of any fireworks within ten feet of any residence dwelling or other structure used as a place of habitation by human beings.
C. It is unlawful for individuals under eighteen years of age to sell, purchase, possess, use, or discharge safe and sane fireworks. Proof of age shall be required.
D. It is unlawful for any person having the care, custody or control of a minor (under eighteen years old) to permit such minor to discharge, explode, fire or set off any dangerous fireworks, at any time.
E. It is unlawful for any person having the care, custody or control of a minor (under eighteen years old) to permit such minor to discharge or set off any “safe and sane fireworks” unless such minor does so under the direct supervision of a person over eighteen years of age and during the hours and on the days permitted by this chapter. (Ord. 1827 § 6, 2021; Ord. 1785 § 4, 2018: Ord. 1671 § 1, 2005; Ord. 1564 § 2 (part), 1999. Formerly 8.16.160)
8.16.155 Social host liability.
Any social host shall be strictly liable and subject to a fine for any unlawful ignition, use, discharge or display of any fireworks in violation of this chapter at their property or gathering; except that:
A. No owner of private property shall be liable under this section for a violation of Section 8.16.130, 8.16.140 or 8.16.150 on that property if the owner can demonstrate that at the time of such violation they (1) had rented or leased the property to another, (2) were not present, and (3) had no prior knowledge of the violation.
B. No person who has the right to use, possess or occupy a unit in a multifamily residential property under a lease, rental agreement, contract or covenant shall be liable under this section for violations of Section 8.16.130, 8.16.140 or 8.16.150 occurring in the common areas of the property. (Ord. 1827 § 7, 2021)
8.16.160 Storage.
Wholesale storage of “safe and sane fireworks” by fireworks wholesalers, licensed by the Office of the California State Fire Marshal, shall be in a building meeting the requirements of a Group H-3 occupancy as defined in the Uniform Building Code, unless said requirements have been modified to permit a Group S-l occupancy as defined in the Uniform Building Code, and can store year-round in Los Angeles County by a fireworks wholesaler licensed by the Office of the California State Fire Marshal, so long as said fireworks wholesaler has not been found to be in violation of the terms of this chapter as set forth in Section 8.16.090B. (Ord. 1671 § 1, 2005; Ord. 1564 § 2 (part), 1999. Formerly 8.16.150)
8.16.170 Violation – Penalty.
A. Any person found to be in violation of California Health and Safety Code Sections 12500 through 12726 shall be subject to the punishments, fines and penalties set forth in California Health and Safety Code Sections 12700 through 12702, inclusive.
B. Any person found to be in violation of Section 8.16.140 or 8.16.150 is guilty of a misdemeanor in accordance with the provisions of Chapter 1.16.
C. Any person violating any other provisions of this chapter is guilty of an infraction which upon conviction thereof is punishable in accordance with the provisions of Chapter 1.16.
D. Any person found to be in violation of any provision of this chapter is subject to the issuance of an administrative citation and fine in accordance with the provisions of Chapter 1.20 (Administrative Citations) without prior issuance of a notice of violation.
E. Any person violating any of the provisions of state law or this chapter set forth in this section shall have his permit to sell fireworks revoked. (Ord. 1827 § 8, 2021; Ord. 1671 § 1, 2005; Ord. 1564 § 2 (part), 1999)
8.16.180 Financial reporting.
All Nonprofit organizations will be required to disclose detailed financial reports to the City, pursuant to procedures set forth in the fireworks stand application packet. Information required will be listed on forms provided by the City as part of said application packet. Failure to comply will result in a disqualification from operating a fireworks stand in the next calendar year. (Ord. 1671 § 1, 2005; Ord. 1564 § 2 (part), 1999)
8.16.190 Concurrent authorities.
This chapter is not the exclusive regulation for fireworks within the City of Gardena. It shall supplement and be in addition to the other regulatory codes, statutes, regulations and ordinances heretofore and hereinafter enacted by the city of Gardena, the State of California or any other legal entity or agency having jurisdiction. (Ord. 1564 § 2 (part), 1999)
8.16.220 Provisions supplementary.
The provisions of this chapter are supplementary to the provisions of the Fire Code of the County of Los Angeles. In case of direct conflict between the provisions of the Fire Code of the county, and the provisions of this chapter, the provisions of this chapter shall prevail. Except with respect to such direct conflict, the provisions of the Fire Code of Los Angeles County shall remain in full force and effect. (Ord. 1671 § 1, 2005)