Chapter 5.28
FIREWORKS
Sections:
5.28.020 Sale – Discharge – Time limit.
5.28.040 License – Application.
5.28.050 License – Requirements for issuance.
5.28.070 Temporary fireworks stands.
5.28.080 Display of license and sales tax permit.
5.28.090 Sell or deliver to minors – Use by minors.
5.28.100 Permissible locations for discharge.
5.28.120 Seizure – Destruction.
5.28.010 Definitions.
“Fireworks” means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment, including fireworks classified by the Health and Safety Code both as “dangerous fireworks” and as “safe and sane fireworks” and shall include firecrackers, torpedoes, skyrockets, Roman candles, bombs, sparklers, chasers, snakes or other fireworks containing any explosive or flammable substance. This definition does not include ammunition used for target shooting or hunting, nor does it include what is ordinarily known as cap pistol caps, party poppers or snap caps. (Ord. 446 § 1, 2000)
5.28.020 Sale – Discharge – Time limit.
Subject to the provisions of the State Fireworks Law, Sections 12500 through 12726 of the Health and Safety Code of the state, and any regulations promulgated thereunder, safe and sane fireworks, as defined in Section 12529 of the Health and Safety Code of the State of California, may be sold and discharged within the city limits of the city during the period beginning at 12:00 noon on the twenty-eighth day of June and ending at 12:00 midnight on the fourth of July, each year. No fireworks classified as “dangerous fireworks” by Section 12505 of the Health and Safety Code of the State of California may be sold or discharged within the city. (Ord. 446 § 1, 2000)
5.28.030 License – Required.
Except as provided in this chapter, no person shall offer for sale or sell at retail any fireworks of any kind in the city without having first applied for and received a license therefor. (Ord. 446 § 1, 2000)
5.28.040 License – Application.
All applications for a license to sell fireworks shall:
A. Be made in writing on the appropriate license application form to be provided by the city and accompanied by a license fee as determined by resolution of the city council. The fee shall be adjusted annually as of January 1st of each year hereafter to reflect any increase or decrease as shown in the San Francisco Bay Area Cost of Living Index published and in effect on July 1st of each year hereafter. The application fee shall be used to defray the cost of inspection and supervision. Application fees received from applicants who are unsuccessful in the lottery process described in EMC 5.28.050 shall be refunded;
B. Be made between the first day of March and the last day of March, except when the last day falls on a Saturday or Sunday, in which case the following business day shall be determined to be the last day;
C. Be accompanied by an assurance that if the license is issued to the applicant, the applicant shall, prior to issuance of the license, deliver to City Hall appropriate commercial insurance certificates in the amount of $2,000,000 general liability designating by separate endorsement that the City of Escalon and the Escalon consolidated fire district are the additional insured thereunder. Furthermore, this insurance coverage must include protection for products liability and completed operations, and must not exclude coverage for fireworks in any way;
D. Include a statement that the applicant agrees to comply strictly with the terms of any permit granted to it and to furnish any additional information, including such other licenses and permits as are necessary under state law, upon the request of the city manager;
E. Be restricted to one application per local nonprofit organization and shall, upon request, provide documentation to substantiate that organization’s nonprofit status;
F. Be reviewed by the city for compliance to the application requirements as listed in this section. Those applications not meeting those requirements by the last day identified in subsection B of this section will not be eligible for the lottery. (Ord. 534 § 3, 2012; Ord. 504 § 1, 2007; Ord. 464 § 1, 2002; Ord. 446 § 1, 2000)
5.28.050 License – Requirements for issuance.
The following qualifications shall be met by any person selling fireworks within the city and by each applicant for a license issued under this chapter:
A. The total number of licenses issued in any given year shall be limited to four. Three permits shall be apportioned to local nonprofit organizations by means of selection by lottery.
Organizations selected by lottery must comply with all sections of this chapter before a license to sell safe and sane fireworks is issued.
One license shall be reserved for the city recreation department. All proceeds from the sale of fireworks under that license shall go to the recreation fund.
B. Each organization must have its principal and permanent meeting place in the corporate limits of the city, must maintain a bona fide membership of at least 25 members, and must have been organized and established within the city’s corporate limits for a minimum of one year continuously preceding the filing of the application for the license.
C. No organization may receive more than one license for fireworks sale during any one calendar year. One license may be issued to two or more qualifying applicants as a joint venture.
D. No organization that is found guilty of two or more violations of this chapter shall be eligible to submit an application for a license.
E. The fireworks to be sold are California State Fire Marshal approved and labeled safe and sane fireworks.
F. Prior to the issuance of a license to sell, the applicant shall set forth the proposed location of the fireworks stand. The fireworks stand must be located on private property in commercial or industrial zones, and written permission of the owner of record of the property must be provided.
G. Prior to the final issuance of a license to sell, the applicant shall have had the proposed fireworks stand inspected by appropriate representatives of the Escalon consolidated fire district, and shall have received certification by the said fire district that the proposed fireworks stand complies with the applicable provisions of the Uniform Fire Code, the State Fireworks Law and all regulations promulgated pursuant thereto. The city shall reimburse the fire district for its reasonable expenses in connection with such inspections, in an amount which shall not exceed $25.00 per inspection.
H. Any attempt to transfer or assign any fireworks license insured pursuant to this chapter shall be void on behalf of both the transferor and the transferee, and the permit itself shall be void.
I. Prior to the issuance of a license, each applicant shall file with the finance department a cash deposit, certificate of deposit or a surety bond made payable to the city in an amount determined by resolution of the city council 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 and the cleaning of the site. In the event the licensee does not so comply or remove the stand or clean the site in the manner required by the city, the city may do so or cause the same to be done by other persons, and the responsible cost thereof shall be a charge against the licensee and its surety and the deposit, certificate or bond. (Ord. 504 § 1, 2007; Ord. 464 § 1, 2002; Ord. 446 § 1, 2000)
5.28.060 Operation of stand.
A. No person other than the licensee organization shall operate the stand for which the license is issued or share or otherwise participate in the profits of the operation of the fireworks stand.
B. No persons other than individuals who are 18 years of age or older, and members of the licensee organization, or the wives or husbands or adult children of such members, shall sell or otherwise participate in the sale of fireworks at such stand.
C. No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at such stand.
D. Fireworks shall be stored and kept in the licensee’s sales booth, at a vendor’s warehouse, or at a location approved by the Escalon consolidated fire district. During hours of operation, the sales booth shall be staffed by no less than two qualified personnel. The licensee shall be responsible for appropriate security and safe keeping of fireworks stored overnight in temporary fireworks stands. (Ord. 464 § 1, 2002; Ord. 446 § 1, 2000)
5.28.070 Temporary fireworks stands.
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 are prohibited. Temporary stands shall be subject to the following requirements:
A. No fireworks stand shall be located within 25 feet of any other building nor 25 feet from any trailer or vehicle nor within 100 feet from any gasoline service station pump island or property on which is stored any flammable liquid, nor less than 20 feet from the curb line.
B. Fireworks stands need not comply with provisions of the building code of the city; provided, however, that all stands shall be constructed and erected so as to meet the approval of the city building inspector, who shall require that the stands be constructed in a manner that will reasonably ensure the safety of attendants and patrons.
C. No fireworks stands shall have a floor area in excess of 300 square feet, and each such stand shall have at least two useable and unencumbered exits.
D. Fireworks stands shall be provided with not less than two fire extinguishers of the type and size approved by the fire chief of the Escalon consolidated fire district.
E. All weeds and combustible materials and debris shall be cleared from the location of any fireworks stand for a distance of at least 25 feet surrounding such stand. All trash resulting from the operation of the fireworks stand must be removed on a daily basis.
F. “No Smoking” signs prohibiting smoking in or within 25 feet of the fireworks stand shall be prominently displayed on the exterior of each such fireworks stand.
G. All unsold fireworks and accompanying litter at any fireworks stand shall be removed from the stand and from the city by 12:00 a.m. on the seventh day of July each calendar year.
H. Each fireworks stand shall be removed from its temporary location not later than 12:00 a.m. on the seventh day of July, and all accompanying litter or debris shall be cleared and removed from the location by such time and date.
I. Each seller of fireworks within the city shall provide to purchasers of fireworks a safety sheet as supplied by the fireworks manufacturer and approved by the Escalon consolidated fire district. The safety sheet shall include guidelines and instructions for the proper handling and discharge of fireworks.
J. All fireworks stands shall be subject to such other reasonable regulations as the city may establish for the purpose of protecting the public health, safety or welfare. (Ord. 446 § 1, 2000)
5.28.080 Display of license and sales tax permit.
A license to sell fireworks and a temporary sales tax permit shall be displayed in a prominent place in the fireworks stand. (Ord. 446 § 1, 2000)
5.28.090 Sell or deliver to minors – Use by minors.
A. It is unlawful for any person within the city to sell or transfer any safe or sane fireworks to a person who is under 18 years of age.
B. It is unlawful for any person having the care, custody or control of a minor under the age of 18 to permit such minor to discharge, explode, fire or set off any fireworks, as defined herein, unless such minor does so under the direct supervision of a parent or guardian, or such other person having care, custody or control of such minor. (Ord. 446 § 1, 2000)
5.28.100 Permissible locations for discharge.
A. The use of fireworks in the city shall be limited to private property and residential public streets or rights-of-way. No fireworks shall be discharged on public, semipublic or private open areas such as parks, parking lots, schools, vacant properties, alleys, or open commercial or industrial areas except in those areas approved by the fire chief of the Escalon consolidated fire district for special events.
B. It is unlawful for any person to ignite, explode, project, or otherwise fire or use any fireworks, or to permit the ignition, explosion or projection thereof, upon or over or onto the property of another without his or her consent. (Ord. 446 § 1, 2000)
5.28.110 Public displays.
A. This chapter shall not prohibit limited public fireworks displays in accordance with Health and Safety Code Section 12577, providing a permit therefor is secured under the provisions of the Health and Safety Code of the State of California, nor shall this chapter prohibit the use of railroad or other transportation agencies for signal purposes or illumination or torpedoes, flares or fuses, nor the sale or use of blank cartridges for theatrical or ceremonial purposes, athletic events, or military ceremonials.
B. Such permits may be secured by application to the council after first having received the approval or disapproval of the fire chief. The council, at its regular meeting, may grant or deny such permits based upon the evidence before it. (Ord. 446 § 1, 2000)
5.28.120 Seizure – Destruction.
Any member of the Escalon police or fire departments shall seize, take, remove or cause to be removed and arrange for the destruction at the expense of the owner of all stocks or fireworks offered or exposed for sale, stored, possessed or transported, or otherwise in violation of this chapter. (Ord. 446 § 1, 2000)
5.28.130 Violation.
It is unlawful and constitutes an infraction for any person to violate or fail to comply with any provision of this chapter. (Ord. 470, 2003; Ord. 446 § 1, 2000)
5.28.140 State law.
The provisions of this chapter and EMC 15.32.020 are in addition to applicable state and federal law, including, but not limited to, the state fireworks law (California Health and Safety Code Section 12500 through 12726), the State Fireworks Regulations (Title 19, California Code of Regulations, Chapter 6), and any and all other state or federal laws or regulations pertaining to the sale or use of fireworks. (Ord. 446 § 1, 2000)