Chapter 4.7
FIREWORKS
Sections:
4.7.02 Sales of fireworks: Permits required.
4.7.03 Permits: Applications and fees.
4.7.05 Number of fireworks stands allowed.
4.7.06 Fireworks stands: Zoning restrictions.
4.7.07 Certificates of insurance.
4.7.10 Possession or use of illegal fireworks.
4.7.01 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) “Dangerous fireworks” shall mean any fireworks specified as such in the State Fireworks Law, Sections 12500 et seq. of the Health and Safety Code of the State, and such other fireworks as may be determined to be dangerous by the State Fire Marshal.
(b) “Safe and sane fireworks” shall mean and include any fireworks not designated as “dangerous fireworks,” except that, in any case, only end fuses may be used.
(c) “Eligible organization” shall mean an organization which has met all of the following criteria for a continuous period of not less than one full year preceding submittal of an application for the permit required by this chapter (and which continues to do so thereafter):
(1) The organization must be a duly organized not-for-profit charitable, religious, civic, patriotic or community service organization;
(2) The organization must be headquartered within and clearly affiliated or identified with Clovis;
(3) The organization must be one which provides direct and regular community services and benefits to the citizens of the City; and
(4) The organization must hold its regularly scheduled meetings within the City.
“Eligible organization” shall also mean an organization which has met criteria set out in subdivisions (1), (2) and (3) of this subsection, for a continuous period of not less than five (5) full years preceding submittal of an application for the permit required by this chapter (and which continues to do so thereafter) and which demonstrates at the time of each application that criteria set out in subdivision (4) of this subsection is not met only because adequate and appropriate facilities for the organization’s regular meetings are not available for such purposes within City limits.
(d) “Stand” shall mean any building, counter, or other structure of a temporary nature used in the sale or offering for sale of fireworks pursuant to a permit duly issued. (§ 1, Ord. 71-10, eff. May 19, 1971, as amended by § 1, Ord. 87-10, eff. May 13, 1987; § 1, Ord. 91-57, eff. January 1, 1992)
4.7.02 Sales of fireworks: Permits required.
(a) It shall be unlawful for any person to sell or offer for sale any dangerous fireworks in the City.
(b) It shall be unlawful for any person to sell or offer for sale any safe and sane fireworks in the City without first obtaining a permit therefor. (§ 1, Ord. 71-10, eff. May 19, 1971)
4.7.03 Permits: Applications and fees.
Permits to sell safe and sane fireworks shall be issued by the Director of Finance, upon applications therefor only to eligible organizations and only after such organizations have met all the applicable requirements set forth in this section.
(a) Any eligible organization desiring to sell safe and sane fireworks in the City shall make an application therefor on or after January 1st each year at the Fire Department.
(b) Such applications shall be signed by a bona fide officer of the eligible organization, wherein the officer, on behalf of the organization and its agents, shall agree to abide by State laws and administrative regulations and all the stipulations of this Code and the permit if permission to operate a fireworks stand shall be granted to the organization.
(c) Completed applications shall be returned to the Fire Department no later than 5:00 p.m. on the first regular business day in May of each year. Any eligible organization making an application for such permit to sell safe and sane fireworks which organization fails to return the completed application prior to 5:00 p.m. on the first regular business day in May shall not be issued a permit to sell safe and sane fireworks.
(d) All eligible organizations shall obtain and submit to the Fire Department as part of the completed application the following completed forms supplied by the Fire Department:
(1) The property owner’s release form signed by the property owner authorizing permission to erect a fireworks stand on his property;
(2) The fireworks storage form indicating where the fireworks will be stored when not in the approved stand;
(3) The State Fire Marshal’s license to sell safe and sane fireworks;
(4) A copy of the temporary seller’s permit issued by the State Board of Equalization;
(5) The certificate of insurance required by Section 4.7.07 of this chapter; and
(6) A statement of organization eligibility.
(e) When all the application requirements have been completed and the fireworks stand location has been approved, the Fire Department shall authorize the erection of a fireworks stand. Each qualified organization shall pay to the Director of Finance a permit fee amount as listed in the Master Administrative Fee Schedule amended from time to time by Council resolution. Each permit shall be for only one stand per eligible organization and shall be forwarded to the Fire Department for delivery as set forth in subsection (f) of this section.
(f) Permits will be effective only when delivered by the Fire Department after the final inspection of the stand shows compliance with all the requirements of this chapter.
(g) If an organization does not timely renew its permit, did not sell the previous year, or its permit is revoked, this will be construed as a vacancy. A vacancy will also exist when the population figures increase to the point of allowing another fireworks stand. When two (2) vacancies exist they will be posted publicly for a two-week application process. All completed applications will be reviewed and two (2) eligible organizations will be selected randomly by the City Clerk’s office to fill the vacancies. Applications can be picked up at the City Clerk’s office. All completed applications must be turned in to the City Clerk’s office by the date and time specified in the public notice. (§ 1, Ord. 71-10, eff. May 19, 1971, as amended by § 1, Ord. 78-6, eff. March 16, 1978; § 2, Ord. 87-10, eff. May 13, 1987; Ord. 97-1, eff. March 10, 1997; § 2, Ord. 19-02, eff. April 3, 2019)
4.7.04 Regulations.
It shall be unlawful for any eligible organization to which a permit has been issued:
(a) To operate in violation of State of California Title 19, Chapter 6, regulating the storage, transportation, sale and use of fireworks;
(b) To obtain or use more than one permit for one stand per year.
(c) To fail to clear all flammable or burnable materials within thirty feet (30′) from any fireworks stand and to maintain such condition during the period prescribed for the sale of fireworks;
(d) To allow smoking within twenty-five feet (25′) of any such business location or stand or to fail to post “No Smoking” signs with such wording in red letters not less than two inches (2′′) in height on a white background on all sides of any such stand;
(e) To fail to have immediately available within the stand a certified fire extinguisher or other fire extinguishing device of a type approved by the Fire Department;
(f) To sell fireworks earlier than noon on June 28th or later than noon on July 6th;
(g) To fail to dismantle and remove any stand or structure of any nature where fireworks are sold or offered for sale immediately after the close of sales; and
(h) To obtain or use more than one permit for one stand per year. (§ 1, Ord. 71-10, eff. May 19, 1971, as amended by § 3, Ord. 87-10, eff. May 13, 1987; Ord. 97-1, eff. March 10, 1997)
4.7.05 Number of fireworks stands allowed.
There shall be allowed one fireworks stand for every four thousand (4,000) population in the City. The City population shall be based on annual population figures provided by the State Department of Finance. (§ 1, Ord. 71-10, eff. May 19, 1971, as amended by § 4, Ord. 87-10, eff. May 13, 1987; Ord. 97-1, eff. March 10, 1997; § 1, Ord. 09-04, eff. May 13, 2009; § 1, Ord. 19-02, eff. April 3, 2019)
4.7.06 Fireworks stands: Zoning restrictions.
Fireworks stands will be allowed only on property in the City which is not currently zoned for any residential use. An exception may be allowed where the property is currently zoned for residential use but is designated on an adopted General or Specific Plan for a future nonresidential use. Public safety, ingress, egress, and adequate parking will be additional factors considered by the Fire Department before approving any site for fireworks sales. (§ 5, Ord. 87-10, eff. May 13, 1987)
4.7.07 Certificates of insurance.
Prior to the issuance of a permit, the eligible organization shall procure a certificate of insurance acceptable to the City. The certificate shall name the City, and its officers, agents, and employees, as additional insureds in the amount of no less than one million and no/100ths ($1,000,000.00) dollars combined bodily injury and property damage for each occurrence. The certificate shall specify the time, location, and dates to be covered by the policy. The certificate shall be provided to the Fire Department no later than 5:00 p.m. on the first regular business day in May of the subject year or at such other time as the Chief of the Fire Department may allow. (§ 6, Ord. 87-10, eff. May 13, 1987)
4.7.08 State Fireworks Law.
The provisions of this chapter shall be construed so as not to conflict with the State Fireworks Law. (§ 7, Ord. 87-10, eff. May 13, 1987)
4.7.09 Revocation of permits.
Any violation of this chapter or other City laws, or the terms and conditions of the permit, or State laws or administrative regulations, or safety rules of the Fire Department, shall be grounds for the immediate revocation of the permit. All officers, agents, and employees of the eligible organization shall be responsible for compliance with all the provisions of this chapter. (§ 8, Ord. 87-10, eff. May 13, 1987)
4.7.10 Possession or use of illegal fireworks.
It shall be unlawful for any person to possess or use illegal or dangerous fireworks in the City as defined by the State Fireworks Law, Sections 12500 et seq. of the Health and Safety Code of the State, and such other fireworks as may be determined to be dangerous by the State Fire Marshal. All responsible persons (as defined in Section 5.27.511(c)) shall be personally liable for an administrative fine of one thousand and no/100ths dollars ($1,000.00) per occurrence. (Ord. 06-13, eff. May 17, 2006; § 2, Ord. 16-12, eff. June 15, 2016)