Chapter 8.60
FIREWORKS, PYROTECHNICS AND PRODUCTION EFFECTS
Sections:
8.60.040 Permit for public display.
8.60.050 Enforcement of chapter.
8.60.070 Violation and penalty.
8.60.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
A. “Pyrotechnic device” shall have the meaning set forth in Health and Safety Code Section 12526, but shall not include any emergency signaling device such as a flare when used solely for its intended purpose, any devices used by authorized military personnel or peace officer while on duty.
B. “Dangerous fireworks,” as used in this section, shall mean as defined in Section 12505 of the Health and Safety Code of the State of California or any successor provision thereto.
C. “Fireworks,” as used in this section, shall mean as defined in Section 12511 of the Health and Safety Code of the State of California or any successor provision thereto.
D. “Person,” as used in this section, shall mean an individual, partnership, corporation, joint venture, or other entity of any nature.
E. “Public display of fireworks,” as used in this section, shall mean as defined in Section 12524 of the Health and Safety Code of the State of California or any successor provision thereto.
F. “Safe and sane fireworks,” as used in this section, shall mean as defined in Section 12529 of the Health and Safety Code of the State of California or any successor provision thereto. (Ord. 95-1790, 1995; Ord. 95-1788, 1995.)
8.60.020 Possession, manufacture, sale, use or discharge of fireworks without valid permit and license unlawful.
It shall be unlawful for any person to display, possess, manufacture, sell, give away, fire, use or discharge fireworks kits of any class, including Class C “Safe and Sane” fireworks, and fireworks known as snappers or poppers, unless a permit authorizing such has been issued to that person by the fire chief, and unless such person is in possession of a valid pyrotechnic operator’s license issued by the office of the State Fire Marshal. The issuance of the permit is subject to fees established by the city council. (Ord. 95-1790, 1995; Ord. 95-1788, 1995.)
8.60.030 Discharge or utilization of pyrotechnic device or production effect without permit unlawful.
A. It shall be unlawful for any person to discharge or utilize any pyrotechnic device or production effect unless a permit for such use or discharge has been issued to that person by the fire chief, Fire Marshal and has paid the fees established by the city council.
B. The fire chief may establish reasonable rules, regulations and safety requirements for the issuance of such permits. The fire chief may waive the requirement for a permit when a production effect poses no more than an insignificant risk to public safety and environmental safety, but in no event shall the requirement for a valid pyrotechnics operator’s license be waived when possession of such license is mandated by Division 11, Part 2 of the California Health and Safety Code. (Ord. 95-1790, 1995; Ord. 95-1788, 1995.)
8.60.040 Permit for public display.
A. Notwithstanding any other provisions of this code, the fire chief of the city of Covina may grant permits for public displays of fireworks if the fire chief determines that all requirements of the law are or will be complied with by the applicant and that granting any such permit will not be detrimental to the public peace, health or safety; otherwise said application shall be denied. Applications for such permits shall be filed with the fire chief not less than 10 days before the proposed public display and shall be accompanied by a detailed statement of the items of the proposed display. If the permit is granted, no items shall be displayed except as are contained in the statement and the fire chief may, in granting the permit, eliminate from the statement such items as he deems hazardous or impose conditions upon such permit as deemed necessary to protect the public peace, safety and health; and it shall be unlawful for the grantee of the permit to exhibit or display the eliminated items or to conduct such display in violation of any conditions so imposed. The public display shall be under the supervision of the fire chief and such persons as he shall designate and authorize. The permit for fireworks shall be subject to the fee-for-service ordinance. A separate permit is required for each display. The display shall be at the place and time designated in the permit. Such permit shall include the right to possess and transport said fireworks for the purpose of conducting said public display. Unless permitted by the fire chief, it is unlawful to discharge fireworks in the city of Covina between the hours of 10:00 p.m. and 8:00 a.m.
B. Appeal from Denial of Permit. If the fire chief denies the application, then the applicant may make an appeal from such action by filing a written notice of appeal with the city council. Such written notice shall be filed with the city clerk within 10 days of the date of the action of the fire chief and shall set forth the reasons for appeal. Upon receipt of a notice of appeal, a hearing shall be set before the city council not less than 10 days nor more than 30 days from the date of filing the appeal. Upon such hearing the council may deny the application or grant the application upon such conditions as the council deems proper. (Ord. 95-1790, 1995; Ord. 95-1788, 1995.)
8.60.050 Enforcement of chapter.
In addition to any other persons authorized by law, the fire chief, Fire Marshal, members of the fire prevention bureau, and arson investigators shall have the duty of enforcing the provisions of this chapter. In connection with such enforcement, they are authorized to enter, free of charge, at a reasonable time, any place of business, or to approach any person apparently conducting or employed in the operation of a business, to verify compliance with the provisions of this code and with the Uniform Fire Code and any other Covina Municipal Code provisions related to fireworks enforcement. Such persons are hereby authorized to issue citations to persons violating any of the provisions of this code to appear in Citrus Municipal Court or other court having jurisdiction at a time fixed in the citation, not less than five days from the date of issuance of the citation unless a shorter period of time is requested by the person(s) to whom the citation is given. Such citation shall be deemed to be a complaint charging violations of this chapter. (Ord. 95-1790, 1995; Ord. 95-1788, 1995.)
8.60.060 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or void, such decision shall not affect the validity of the remaining portions of this chapter. The people of the city of Covina hereby declare that they would have adopted and passed this chapter and each section, subsection, sentence, clause and phrase, therefore irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or void. (Ord. 95-1790, 1995; Ord. 95-1788, 1995.)
8.60.070 Violation and penalty.
Any person who violates any of the provisions of this chapter is guilty of a misdemeanor. Any violation of this chapter will be prosecuted pursuant to CMC 1.16.010. (Ord. 16-2055 § 1, 2016; Ord. 95-1790, 1995; Ord. 95-1788, 1995.)
8.60.080 Los Angeles County Fire Code, Article 77, Explosive materials, general – Section 7701.1, scope amended – Deletion of exceptions.
Section 7701.1 of the Los Angeles County Fire Code shall be amended by deleting the following exceptions:
(1) The armed forces of the United States, Coast Guard, or National Guard; and (3) The sale, possession or use of Class C, common fireworks.
(Ord. 98-1824 § 2, 1998; Ord. 95-1790, 1995; Ord. 95-1788, 1995.)