Chapter 8.04
FIREWORKS
Sections:
8.04.030 Permit-to sell fireworks.
8.04.040 Permit - application.
8.04.050 Exceptions to prohibition.
8.04.060 Public fireworks displays-requirements.
8.04.070 Permit-investigation-issuance or denial.
8.04.080 Public fireworks displays-supervision.
8.04.090 Transport, conveyance or delivery of fireworks within city.
8.04.100 Destruction of unauthorized fireworks.
8.04.010 Defined.
“Fireworks” means and includes any combustible or explosive composition or any substance or combination visible or an audible effect by combustion, explosion, deflagration or detonation, including fireworks classified by the Health and Safety Code as “dangerous fireworks” and includes firecrackers, torpedoes, skyrockets, roman candles, dago bombs. This definition does not include what is ordinarily known as cap pistols or cap pistol caps or safe and sane fireworks as defined in Sections 12529 et seq. of the Health and Safety Code of the state. (Ord. 85 § 4 (part): Ord. 36 § 8(a): prior code § 7500(a))
8.04.020 Permit-required.
It is unlawful for any person, firm or corporation to manufacture, possess, sell, discharge or make any display of fireworks in the incorporated area of the city without securing a permit as provided by Sections 12500 et seq., of the Health and Safety Code of the state, and of this chapter and any amendments thereto. (Ord. 36 § 1: prior code § 7501)
8.04.030 Permit-to sell fireworks.
The city council is hereby authorized to establish, by resolution or ordinance, the process by which the city will issue permits and the conditions that permit applicants and permittees must satisfy in order to receive the permits. (Ord. 2000-03, Repealed and Replaced, 02/15/2000)
8.04.040 Permit - application.
This chapter does not prohibit public fireworks displays provided a written permit therefor is secured from the State Fire Marshal. The fire chief of the Galt fire district is designated by the city council of the city as the person to review written applications for public fireworks display. (Ord. 94-20 § 4: Ord. 36 § 2: prior code § 7502)
8.04.050 Exceptions to prohibition.
The manufacture, sale, use, or discharge of fireworks is prohibited by this chapter with the following exceptions:
A. The use by a railroad or other transportation agency of devices for signal purposes or illumination of torpedoes, flares, or fuses;
B. The use by a railroad or other transportation agency of devices for signal purposes or illumination of torpedoes, flares, or fusees;
C. Blank cartridges for theatrical or ceremonial purposes, athletic events, or lawful military ceremonials or demonstrations;
D. Public fireworks displays, provided that such public fireworks displays are conducted only by an adult person or any firm, copartnership, or corporation, having obtained a permit in conformance with the provisions of Sections 12500 et seq., of the Health and Safety Code of the state and this chapter;
E. Such fireworks as are defined and classified as safe and sane fireworks pursuant to the provisions of Section 12529 of the Health and Safety Code of the state may be sold and discharged in the city. (Ord. 94-20 § 6; Ord. 85 §§ 1, 2, 1963; Ord. 36 § 4, 1954: prior code § 7504)
8.04.060 Public fireworks displays--requirements.
All public fireworks displays are prohibited unless the following conditions have been complied with:
A. A written application for a permit made to the fire chief of the Galt fire district or to the State Fire Marshal at least two weeks in advance of the proposed display;
B. It shall be the duty of the fire chief of the Galt fire district to whom the application for a public fireworks display permit is submitted for review to make an investigation as to whether such display as proposed shall be of such a character and so located that it may be hazardous to property or dangerous to any person and he shall in the exercise of reasonable discretion grant or deny the application, subject to such reasonable conditions, if any, as he may prescribe;
C. The applicant for such display permit shall at the time of application furnish proof that he carries compensation insurance for his employees as provided by the laws of the state, and he shall file with the officer to whom the application is made, a bond issued by an authorized surety company to be approved by such officer, conditioned upon the applicant’s payment of all damages to persons or property which shall or may result from or caused by such public display of fireworks, or any negligence on the part of the applicant, or his or its agents, servants, employees, or subcontractors in the presentation thereof, or a certificate evidencing the carrying of appropriate public liability insurance issued by an insurance carrier authorized to transact business in this state for the benefit of the person named therein as assured, as evidence of ability to respond in damages in at least such amount, said policies to be similarly approved. If the permit is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No permit is transferable;
D. In the case of an application for a permit for a public display of fireworks the amount of such surety bond shall be not less than one hundred thousand dollars for one person or not less than three hundred thousand dollars maximum for more than one person injured and property damage insurance of not less than twenty-five thousand dollars. This subsection does not apply to persons holding a general license for the public display of fireworks within the state, provided the license holder has complied with the provisions of Section 12500 et seq. of the Health and Safety Code of the state applying thereto, but as to such persons all the other sections and subsections of this chapter are applicable. (Ord. 94-20 § 7; Ord. 85 § 3, 1963; Ord. 36 § 5, 1954: prior code § 7505)
8.04.070 Permit-investigation-issuance or denial.
It shall be the duty of the fire chief of the Galt fire district to whom the application for a public fireworks display permit has been reviewed to make investigation and submit a report of his findings and a recommendation for or against the issuance of the public fireworks display permit together with his reasons therefor to the city council who will either grant or deny the application within discretion subject to such reasonable conditions, if any, as it shall prescribe. (Ord. 94-20 § 5: Ord. 36 § 3: prior code § 7503)
8.04.080 Public fireworks displays-supervision.
Every public display of fireworks shall be handled or supervised by a competent and experienced pyrotechnic operator approved by the fire chief of the volunteer fire department of the Galt fire district or by the State Fire Marshal. (Ord. 36 § 6, 1954: prior code § 7506)
8.04.090 Transport, conveyance or delivery of fireworks within city.
No person shall transport, convey or deliver fireworks within the incorporated area of the city except for permittees or to locations or public displays of fireworks authorized under this chapter, or to distributors outside of the city or within the limits of other incorporated cities of the county, providing such area or city does not prohibit the sale or possession or use or discharge or display of fireworks substantially to the same manner and extent as does this chapter. (Ord. 36 § 7, 1954: prior code §7507)
8.04.100 Destruction of unauthorized fireworks.
Any peace officer, the fire chief of the volunteer fire department of the Galt fire district, or his deputies, shall seize, take, remove, or cause to be removed and arrange for the destruction at the expense of the owner of all stocks of fireworks offered or exposed for sale, stored, possessed, or transported, or otherwise in violation of this chapter. (Ord. 36 § 9, 1954: prior code § 7508)
8.04.110 Violation.
Any violation of any of the provisions of this Chapter is declared a misdemeanor or infraction pursuant to section 21.01.030. (Ord. 2006-07, Amended, 06/06/2006; Ord. 92-04 § 11: Ord. 36 § 10, 1954)