CHAPTER 5. SAFETY REGULATIONS

ARTICLE 1. FIRE PREVENTION

4-05-1000 SMOKING PROHIBITED:

It shall be unlawful to smoke or ignite tobacco or other smoking material in any form upon grain, grass, brush or timber covered lands belonging to another, including lands publicly owned, or upon any road, path or trail traversing such lands, between June 1st and October 31st, inclusive, of any year, except in the following places:

(a)    In improved camp sites.

(b)    In places of human habitation.

(c)    In automobiles equipped with ash trays while on improved roads or trails.

(d)    While on foot and stopped in an area at least three (3) feet in diameter which is completely clear of any flammable matter; provided, however, that all burning or glowing substances shall be completely extinguished before being discarded.

ARTICLE 3. FIREWORKS

4-05-1050 ILLEGAL FIREWORKS:

It shall be unlawful for any person to sell, offer for sale, give away, have in his possession, fire, set off, discharge or use, or to cause or permit to be sold, offered for sale, had in possession, fired, set off, discharged or used, any firecracker or salute of any size, kind, nature or name, or any bomb, chaser, skyrocket, roman candle, triangle wheel, pin wheel, mine, balloon operated by means of any flame, or any fireworks or other device commonly used for display or celebration purposes which contains any phosphorous in any form, or which contains any dynamite, any form of nitroglycerine or any other explosive substance so confined as to cause detonation upon being discharged, or any product which is of a similar nature to any article or product hereinabove enumerated, or any article or product of a flammable nature or capable of causing conflagration which is commonly used for display or celebration purposes; provided, however that nothing in this section shall prohibit the selling, offering for sale, possessing, firing, setting off, discharging or using of any paper cap commonly used in toy cap pistols.

4-05-1055 SAME: EXCEPTION: MANUFACTURER AND JOBBER:

Upon the issuance of a permit by the Board of Supervisors, it shall be lawful to engage in the manufacturing, jobbing or dealing in any article or product named or described in section 4-05-1050 if such article or product is sold or offered for sale solely for delivery and use outside of the unincorporated territory of the County and any such article or product so sold is delivered by such manufacturer, jobber, dealer, or by common carrier to such point of delivery, except when sold or delivered for use pursuant to section 4-05-1060 of this Article.

4-05-1060 SAME: PUBLIC DISPLAY:

(a)    Nothing in section 4-05-1050 of this Article shall prohibit a public display of fireworks at any public gathering, provided that a permit to make such a public display has been issued in accordance with section 12640 et seq. of the Health and Safety Code of the State of California.

(b)    Applications for permits to make a public display of fireworks shall be filed with the County Fire Warden. An application shall not be accepted unless accompanied by the application fee for the permit as established, from time to time, by resolution the Board of Supervisors by resolution. The County Fire Warden is hereby delegated the power to grant the permit, with or without conditions, or deny the permit in accordance with the provisions of section 12640 et seq. of the California Health and Safety Code.

(c)    If the County Fire Warden denies the requested permit, or grants the permit subject to conditions that are not satisfactory to the applicant, the applicant may file a written appeal with the Clerk of the Board of Supervisors. The Board of Supervisors shall set a time for hearing the matter and cause notice of the hearing to be given to the applicant and the County fire Warden. The Board may continue said hearing from time to time, if such appears necessary or desirable. After the conclusion of the hearing, the Board shall reverse, modify or sustain the action taken on the permit by the Fire Warden.

4-05-1065 JUDICIAL REVIEW OF DECISION:

Judicial review of a decision of the Board of Supervisors made after a hearing pursuant to this Article, if the decision denies the permit, shall be made pursuant to section 1094.6 of the Code of Civil Procedure of the State of California. The method of judicial review, the time limits for judicial review, and all of the other provisions of said section 1094.6 shall govern such judicial review. When giving written notice to the applicant that the permit has been denied, the Board of Supervisors shall provide notice to the applicant that the time within which judicial review must be sought is governed by said section 1094.6.

4-05-1070 DANGEROUS FIREWORKS:

It shall be unlawful for any person to sell, offer for sale, give away, have in his or her possession, fire, set off, discharge or use, or cause or permit to be sold, offered for sale, had in possession, fired, set off, discharged or used, any dangerous fireworks as defined under Health and Safety Code Section 12505 within the unincorporated area of the County, except as otherwise permitted by state law.

(Amended by Ord. No. 3286, effective 4-29-03)

4-05-1071 STATE RESPONSIBILITY AREA AND AREAS SURROUNDED BY INCORPORATED CITIES:

It shall be unlawful for any person to sell, offer for sale, give away, have in his or her possession, fire, set off, discharge or use, or cause or permit to be sold, offered for sale, had in possession, fired, set off, discharged or used, any "safe and sane fireworks" as defined under Health and Safety Code Section 12529 ("safe and sane fireworks") within the unincorporated area of the County known as the State Responsibility Area ("SRA") designated by the California Department of Forestry and Fire Protection ("CDF") in the foothills and mountains of the County within which the CDF has fire suppression responsibility. It shall be unlawful for any person to sell, offer for sale, or display for sale, any safe and sane fireworks in any unincorporated area completely surrounded by an incorporated city. Maps designating the SRA shall be posted and made available to the public in all County Fire Stations.

(Added by Ord. No. 3286, effective 4-29-03)

4-05-1072 LOCAL RESPONSIBILITY AREA:

It is unlawful for any person to sell, offer for sale or display for sale any safe and sane fireworks within the unincorporated area of the County known as the Local Responsibility Area ("LRA") designated by CDF on the valley floor within which the Tulare County Fire Department has fire suppression responsibility without first obtaining a permit for that purpose from the County Fire Warden, or his or her designee. It shall be unlawful for any person to fire, set off, discharge or use, or cause or permit to be fired, set off, discharged or used, any "safe and sane fireworks" within the LRA during the period of July 5 (unless July 4 falls on a Sunday, in which case the period will commence on July 6) to noon on June 28 of each year. Maps designating the LRA shall be posted and made available to the public in all County Fire Stations.

(Added by Ord. No. 3286, effective 4-29-03)

4-05-1073 NONPROFIT ORGANIZATIONS:

A non-transferable permit for the retail sale of "safe and sane fireworks" shall be issued only to nonprofit organizations organized and existing primarily for charitable, religious, civic improvement, patriotic or community service purposes, which provide ongoing community services and benefits to the community within which they propose to sell fireworks.

(Added by Ord. No. 3286, effective 4-29-03)

4-05-1074 APPLICATION:

Applicants for a permit shall apply to the County Fire Warden, or his or her designee, on a form approved by the Fire Warden on or before the first business day in June of each year, and shall pay an application fee in an amount determined by resolution of the Board of Supervisors as necessary to cover actual costs of issuing the permit. The application shall be accompanied by:

(a)    Proof that the applicant possesses a valid State Fire Marshal’s retail sales license as defined by Health and Safety Code Section 12574;

(b)    Proof that the applicant possesses a valid Temporary Seller’s Permit from the State Board of Equalization;

(c)    Certificate of Insurance as required by Section 4-05-1077

(d)    Description of location and configuration of the premises from which fireworks will be sold;

(e)    Such other documentation as the Fire Warden shall require.

(Added by Ord. No. 3286, effective 4-29-03) (Rev. 01-24-06)

4-05-1075 APPLICATION: CONDITIONS: INVESTIGATION:

Each permit shall be valid only for the sale of fireworks from noon on June 28 to July 4 of the year of issuance unless July 4 falls on a Sunday, in which case the effective period of the permit shall extend until July 5. The Fire Warden, or his or her designee, shall investigate to determine whether the sale of fireworks in the manner proposed in an application will present a hazard to property or persons, in which case the permit may be issued with conditions to ameliorate such problems or the permit may be denied. Applicants may submit no more than one application for permit per community per year.

(Added by Ord. No. 3286, effective 4-29-03)

4-05-1076 POLICIES AND REGULATIONS:

All permit holders shall be required to:

(a)    responsibly store safeguard fireworks prior to sale;

(b)    maintain sales premises in a clean and safe condition;

(c)    avoid parking and traffic hazards;

(d)    obtain the consent of any directly-affected property owner;

(e)    locate sales premises a safe distance from permanent buildings and flammable materials;

(f)    maintain appropriate fire extinguishers and other fire suppression equipment;

(g)    prohibit the sale of fireworks to anyone under the age of sixteen years;

(h)    prohibit the sale of fireworks to anyone under the age of sixteen years;

(i)    prominently display the permit on the sales premises;

(j)    promptly remove any temporary sales structures by midnight of the second day following the termination date of the permit, and restore the premises to the condition before construction or location of the temporary structure; and,

(k)    comply with any and all policies and regulations issued by the Fire Warden from time-to-time made applicable to such permits.

(Added by Ord. No. 3286, effective 4-29-03)

4-05-1077 INSURANCE:

Every permit holder must procure and maintain during the term of the permit comprehensive general liability insurance coverage in an amount not less than $1,000,000 combined single limit per occurrence in form acceptable to the Fire Warden and naming the County and the State of California, their officers, agents, employees and volunteers as additional insured’s.

(Added by Ord. No. 3286, effective 4-29-03)

4-05-1078 APPEAL:

Any applicant for a permit may appeal any conditions placed on a permit, or a denial of a permit, to the Board of Supervisors by requesting a hearing in writing with the Clerk of the Board within ten (10) days of the action taken. The request for hearing shall include a statement of the reasons therefore, in detail. The Board of Supervisors shall hear the appeal at the next available meeting, and may affirm, modify, or reverse the action of the Fire Warden.

(Added by Ord. No. 3286, effective 4-29-03)

4-05-1079 PUBLIC NUISANCE:

The sale of fireworks in violation of this Article, including the material breach of any condition placed on a permit for the sale of "safe and sane fireworks," is hereby declared to be a Public Nuisance and may be abated in accordance with the Public Nuisance Ordinance, including the emergency abatement procedures provided in Section 4-01-1315, if applicable.

(Added by Ord. No. 3286, effective 4-29-03)

ARTICLE 5. DISCHARGE OF WEAPONS

4-05-1115 DEFINITION: "WEAPONS":

The word "weapons," as used in this Article, means any rifle, pistol, shotgun, air gun or pellet gun which projects a metallic object by means of air, gas or a spring, slingshot, crossbow, bow and arrow and any other instrument used for discharging projectiles capable of doing bodily harm.

4-05-1120 PURPOSE:

The purpose of this Article is to prohibit the discharge of weapons in and into those areas of the County in which the Board of Supervisors has determined that the public health and safety require that there be no discharge of weapons. Those areas for which the Board of Supervisors has made such a determination are described in section 4-05-1130 et seq. of this Article.

4-05-1125 SAME: EXCEPTIONS:

The provisions of this Article shall not apply to any public officer in the lawful discharge of his duties, nor to any person necessarily acting in the lawful defense of person or property, nor to the premises of any shooting gallery, practice range, skeet field, archery range or other similar place conducted at a fixed location and with respect to which adequate safeguards have been provided to protect person and property from injury.

4-05-1130 CAMP NELSON AREA:

It shall be unlawful to discharge any weapon within or into that area in and around the community of Camp Nelson, which is described as follows:

Beginning at a point located in Township 20 South, Range 31 East, M.D.B. and M., where the Camp Nelson Road, the Rogers Camp Road and Quaking Aspen Road converge; thence northerly and easterly along the center line of the Quaking Aspen Road to a point where said road crosses Boulder Creek, being about one mile easterly from Cedar Slope; thence southerly along the West margin of Boulder Creek to its junction with the South Fork of the Tule River; thence westerly along the North margin of the South Fork of the Tule River to the point where said River is crossed by Rogers Camp Road; thence northerly and westerly along the center line of said road to the point of beginning.

4-05-1135 SUGAR LOAF MOUNTAIN AREA:

It shall be unlawful to discharge any weapon within or into that area in and around the community of Sugar Loaf Mountain, which is described as follows:

Beginning at the North quarter corner of the Northeast quarter of Section 15, Township 24 South, Range 31 East, M.D.B. and M.; thence East 1 1/4 miles more or less to the Northeast corner of Section 14 of said Township and Range; thence South 1 1/4 mile more or less to the East quarter corner of the Northeast quarter of Section 23 of said Township and Range; thence West 1 1/4 mile more or less to the center of the Northeast quarter of Section 22 of said Township and Range; thence North 1 1/4 miles more or less to the point of beginning.

4-05-1140 OAK RANCH ESTATES AREA:

It shall be unlawful to discharge any weapon within or into that area in and around the community of Oak Ranch, which is described as follows:

(a)    The unincorporated portions of the Oak Ranch subdivisions known as Tracts 513, 533 and 567 recorded in volume 25, page 55; volume 27, page 60; and volume 30, page 24 respectively, of Maps in the official Tulare County Records.

ARTICLE 7. VIOLATIONS

4-05-1190 VIOLATIONS:

(a)    Any person violating any of the provisions of this Chapter, shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code.