12-2
FIREWORKS1:
12-2.1 Statement Of Purpose:
The purpose of this section is to protect the property of and provide for the health, welfare and safety of the citizens of Lynwood by prohibiting the possession, sale, use and discharge of dangerous fireworks within the city of Lynwood and establishing reasonable regulations on the possession, sale, use and discharge of safe and sane fireworks. (Ord. #1548-A, §2)
12-2.2 Definitions:
Dangerous fireworks shall mean all fireworks other than SAS fireworks, and include, but are not limited to, those fireworks defined in sections 12505 and 12561 of the California Health and Safety Code.
Person shall mean any individual, person, firm, partnership, corporation, association or any other entity.
Safe and sane fireworks (“SAS fireworks”) shall mean only those fireworks which are defined in section 12529 of the California Health and Safety Code and have been classified and registered as safe and sane by the state fire marshal.
Screaming fireworks shall mean any SAS fireworks commonly known as a “Piccolo Pete”, “Screaming Willie”, “Whistle Pete”, “Whistling Phantom”, or any other SAS fireworks having the same appearance and discharge characteristics as any of these SAS fireworks.
State fireworks law shall mean section 12500 et seq., of the California Health and Safety Code. (Ord. #1548-A, §2; Ord. #1565, §2)
12-2.3 Restrictions On Sale Or Discharge:
It shall be unlawful for any person to:
a. Possess any dangerous fireworks within the city of Lynwood;
b. Use, discharge, ignite or explode any dangerous fireworks or screaming fireworks within the city of Lynwood;
c. Discharge any SAS fireworks in any manner other than in compliance with the instructions of the manufacturer;
d. Sell, offer for sale or display for purposes of sale any dangerous fireworks within the city of Lynwood. (Ord. #1548-A, §2; Ord. #1565, §4)
12-2.4 Exception For Sale And Discharge Of Safe And Sane Fireworks:
SAS fireworks may be sold within the city only during the period beginning at nine o’clock (9:00) A.M. on July 1, and ending at ten o’clock (10:00) P.M. on July 4. Discharge of SAS fireworks, with the exception of screaming fireworks, is permitted within the city only between the hours of four o’clock (4:00) P.M. and ten o’clock (10:00) P.M. on July 4. (Ord. #1548-A, §2; Ord. #1565, §6)
12-2.5 Permit Required For Sales:
Except as hereinafter provided, no person shall offer for sale or sell fireworks of any kind in the city without having first applied for and received a city permit to do so. (Ord. #1548-A, §2)
12-2.6 Applications For Permits:
All applications for a city permit for retail sale of SAS fireworks shall:
a. Be made in writing upon the application form approved by the city manager or his or her designee, and be accompanied by the permit fee, fire clearance fee and cleanup fee established pursuant to this section. Such fees are not for the purposes of revenue, but instead will be used to defray administrative costs, such as those associated with processing the application and verifying the information provided therein.
b. Be submitted to the city clerk’s office between March 1 and March 31 each year. When March 31 falls on a Saturday or Sunday, the following business day shall be determined to be the last day for acceptance of applications.
c. Set forth the proposed location of the fireworks stand applied for. The stands must be on private property located in CB-1 or heavier industrial or manufacturing zones and must be located on Imperial Highway, Atlantic Boulevard, Long Beach Boulevard, Abbott Road or Century Boulevard. The written permission of the owner of record or lessee of the real property must accompany the application.
d. Be accompanied by the following documentation:
1. Certificates of public liability and property damage insurance covering the operation of the stand and its premises in the amount of one million dollars ($1,000,000.00) in the aggregate for the combined single limit bodily injury and/or property damage, including products liability, certificates designating the city as an additional insured thereunder.
2. A copy of the applicant’s current and valid retailer’s license from the state fire marshal.
3. A current and valid temporary sales permit for the city from the regional office of the state board of equalization.
4. Proof of nonprofit status for the organization and a current certificate of good standing from the California secretary of state. If the applicant organization is an unincorporated association, it shall present the aforementioned documents or comparable information.
5. Membership roster.
6. A statement of the purpose for which the applicant is organized.
7. A fireworks survey/financial statement which describes how and where the net proceeds from the sale of SAS fireworks have been and are to be expended.
8. Such other additional information as may be required. Additional requirements may be established from time to time by a resolution of the city council.
e. 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 as may be reasonably required by the city manager or his or her designee.
f. Include a statement that the applicant agrees that all decisions of the city manager or his or her designee regarding grant or denial of a permit are final and not subject to appeal. (Ord. #1548-A, §2)
12-2.7 Notice Of Granting Or Rejecting Of Permit:
Applicants for any such permits shall be notified by the city clerk’s office by the end of April of the granting or rejection of such application for a permit. A notice of rejection of an application shall be accompanied by a statement from the city clerk listing the reason(s) for said rejection. (Ord. #1548-A, §2)
12-2.8 Prerequisites To Issuance Of Permit:
Each applicant for a permit issued hereunder must meet the following qualifications:
a. No permit shall be issued to any person, except nonprofit associations or nonprofit corporations organized primarily for civic betterment, youth activities, sport, military or veterans’ affairs, charitable or religious purposes, and where the principal focus of said charitable activities is in the city of Lynwood.
b. Each such 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 ten (10) members, and must have been organized and established in the city’s corporate limits for a minimum of two (2) years continuously preceding the filing of the application for the permit. Such organization shall have no history of revocation of a city issued fireworks permit/license during the last five (5) years.
c. No organization may receive more than one permit for sale of fireworks during one calendar year. Each permit entitles the holder to operate one fireworks stand. One permit may be issued to two (2) or more qualifying applicants as a joint venture. The maximum number of permits that may be issued pursuant to this section during any one calendar year shall not exceed fourteen (14).
d. If the number of qualified permit applicants exceeds fourteen (14), a public drawing shall be held on the date of the second city council meeting in the month of May to select the applicants who shall receive permits. The names of all qualified applicants will be included in the drawing to ensure an equal opportunity of receiving a permit, and the qualified permit applicants themselves will participate in the drawing of names until fourteen (14) have been selected. (Ord. #1548-A, §2)
12-2.9 Operation Of Stands:
a. No person other than the permittee organization shall operate the stand for which the permit is issued or share or otherwise participate in the profits of the operation of such stand.
b. No person other than the individuals who are members of the permittee 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. No person under the age of eighteen (18) may participate in the selling of fireworks.
e. With each sale of SAS fireworks as permitted hereunder, the person selling the fireworks shall hand to each purchaser a fireworks information flyer, which shall describe the provisions of this section, including, but not limited to, dates and locations of discharge, violations/penalties and safety information. Copies of the flyer shall also be conspicuously posted on the exterior of each fireworks stand. The information flyer will be prepared annually by the city manager or his or her designee and shall be distributed to each permittee. The permittee shall be responsible for copying, posting and distributing the information flyer in the manner described above. (Ord. #1548-A, §2)
12-2.10 Compliance With City Regulations And State Laws:
Every person who is issued a permit to sell SAS fireworks shall comply with the provisions of the state fireworks law, the rules and regulations of the state fire marshal and the provisions of this section. In the event of a conflict between the state fireworks law and this section, the provisions of this section shall be enforced. Any violation of this section, the state fireworks law and/or the rules and regulations of the state fire marshal by the permittee, its officers, agents or employees shall constitute cause to deny any subsequent application for a permit. (Ord. #1548-A, §2)
12-2.11 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 is hereby prohibited. Temporary stands shall be subject to the following provisions:
a. No fireworks stand shall be located within fifty feet (50') of any other building, three hundred feet (300') of any gasoline pump, twenty feet (20') of a curb line, nor within one thousand feet (1,000') of any other fireworks stand.
b. Fireworks stands need not comply with the provisions of the building code of the city; provided, however, that all stands shall be erected under the supervision of the building official, who shall require that stands be constructed in a manner that will reasonably ensure the safety of attendants and patrons.
c. No stand shall have a floor area in excess of three hundred (300) square feet.
d. Each stand in excess of twenty four feet (24') in length must have at least two (2) exits; and each stand in excess of forty feet (40') in length must have at least three (3) exits spaced approximately equal distances apart; provided, however, that in no case shall the distance between exits exceed twenty four feet (24').
e. Each stand shall be provided with at least two (2) 21/2-gallon “soda and acid” or water pressure type fire extinguishers, in good working order and easily accessible for use in case of fire.
f. No more than three (3) fireworks stands shall be situated on any single recorded parcel of land within the city at one time.
g. All weeds and combustible material shall be cleared from the location of the stand including a distance of at least thirty feet (30') surrounding the stand.
h. “No Smoking” signs shall be prominently displayed on the fireworks stand and no smoking shall be permitted within the stand or within fifty feet (50') of the stand.
i. Each stand must have an adult in attendance and in charge thereof while fireworks are stored therein. Sleeping or remaining in the stand after close of business each day is forbidden.
j. The sale of fireworks shall not begin before nine o’clock (9:00) A.M. on July 1 and shall not continue after ten o’clock (10:00) P.M. on July 4.
k. All unsold stock and accompanying litter shall be removed from the location by five o’clock (5:00) P.M. on July 6.
l. The fireworks stand shall be removed from the temporary location by twelve o’clock (12:00) noon on July 18, and all accompanying litter shall be cleared from the location by that time and date.
m. State and city licenses to sell SAS fireworks and temporary sales tax permit shall be displayed in a prominent place in the fireworks stand. (Ord. #1548-A, §2)
12-2.12 Permit Fee:
The permit fee for the selling of SAS fireworks within the city shall be five hundred dollars ($500.00), which must be paid at the time of application. In the event a permit is not granted to the applicant, the permit fee is nonrefundable. The permit fee is subject to change from time to time by resolution of the city council, and shall be published in the city’s fee schedule and included in the SAS fireworks sale application forms. (Ord. #1548-A, §2)
12-2.13 Fire Clearance Fee:
A fire clearance fee in the amount of five hundred fifty two dollars ($552.00) shall be paid at the time of application for a permit to sell SAS fireworks. In the event a permit is not granted to the applicant, the fire clearance fee shall be refunded to the applicant. The fire clearance fee is subject to change by resolution of the city council, and shall be published in the city’s fee schedule and included in the SAS fireworks sale application forms. (Ord. #1548-A, §2)
12-2.14 Cleanup Fee:
A cleanup fee in the amount of fifty dollars ($50.00) shall be paid at the time of application for a permit to sell SAS fireworks. In the event a permit is not granted to the applicant, the cleanup fee shall be refunded to the applicant. This fee is refundable upon completion of business activity and compliance with all requirements under this section. The cleanup fee is subject to change from time to time by resolution of the city council, and shall be published in the city’s fee schedule and included in the SAS fireworks sale application forms. (Ord. #1548-A, §2)
12-2.15 Temporary Sales Tax Permit Required:
Organizations receiving a city permit for the selling of SAS fireworks are required to obtain a temporary sales tax permit from the regional office of the state board of equalization. (Ord. #1548-A, §2)
12-2.16 Permissible Locations For Discharge Of Safe And Sane Fireworks:
The use of SAS fireworks in the city shall be limited to private property, except as otherwise provided in this section. No fireworks of any kind shall be discharged, exploded, ignited, projected or otherwise used on public property, or in a public street or right of way, except that discharge of SAS fireworks may be permitted in city parks as the city may designate from time to time. (Ord. #1548-A, §2)
12-2.17 Prohibitions On Discharge:
a. It shall be unlawful for any person to ignite, explode, project, or otherwise fire or use, any fireworks, or permit the ignition, explosion or projection thereof, upon or over or onto the property of another without his consent, or to ignite, explode, project, or otherwise fire or make use of, any fireworks within fifty feet (50') of any residence, dwelling or other structure.
b. It shall be unlawful for any person to ignite, explode, project, or otherwise fire or make use of, any fireworks within five hundred feet (500') of any fireworks stand, gasoline station, construction site, school or any other place where combustible materials are stored.
c. It shall be unlawful for any person to ignite, explode, project, or otherwise fire or make use of, any fireworks from the roof of any structure. (Ord. #1548-A, §2)
12-2.18 Age Limit For Purchase:
It shall be unlawful for any person, agent or employee engaged in the business of the sale or disposition of SAS fireworks to sell, furnish, give or cause to be sold, furnished or given away any SAS fireworks to any person under the age of eighteen (18) years, whether or not the person engaged in the business has knowledge that the person sold to, furnished to or given to is under the age of eighteen (18) years.
a. It shall be unlawful for any person under the age of eighteen (18) years to purchase any SAS fireworks.
b. It shall be unlawful for any person under the age of eighteen (18) years to discharge any SAS fireworks within the city boundaries except when under the direct supervision of and in the presence of an adult.
c. For the purpose of preventing the violation of this subsection, any person, agent, or employee, engaged in the business of the sale or disposition of safe and sane fireworks, may refuse to sell, furnish or give away any safe and sane fireworks to any person who fails to produce adequate written evidence that he or she is eighteen (18) years or over. Such written evidence may include, but is not limited to, a motor vehicle operator’s license. Proof that the person or agent or employee, engaged in the sale or disposition of safe and sane fireworks, demanded, was shown and acted in reliance upon adequate evidence or proof of age of eighteen (18) years or over shall be a defense to any criminal prosecution under this subsection. (Ord. #1548-A, §2)
12-2.19 Violations – Penalties:
a. Possession Of Dangerous Fireworks.
1. Gross Weight Twenty-Five (25) Pounds Or Less, Including Packing. Fine amount one thousand dollars ($1,000.00) for first and subsequent offenses in the same year.
2. Gross Weight Between Twenty-Six (26) And One Hundred (100) Pounds, Including Packing. Fine amount five thousand dollars ($5,000.00) for first and subsequent offenses in the same year.
3. Gross Weight More Than One Hundred (100) Pounds, Including Packing. Fine amount ten thousand dollars ($10,000.00) for first and subsequent offenses in the same year.
b. Discharging Dangerous And/Or Screaming Fireworks.
Fine amount one thousand dollars ($1,000.00) for first offense.
Fine amount five thousand dollars ($5,000.00) for second or subsequent offenses in the same year.
c. Discharging Safe And Sane Fireworks In Any Manner Other Than In Compliance With The Instructions Of The Manufacturer.
Fine amount one thousand dollars ($1,000.00) for first offense.
Fine amount five thousand dollars ($5,000.00) for second or subsequent offenses in the same year.
d. Discharging Safe And Sane Fireworks In Any Manner Other Than In Compliance With The Lynwood Municipal Code.
Fine amount one thousand dollars ($1,000.00) for first offense.
Fine amount five thousand dollars ($5,000.00) for second or subsequent offenses in the same year.
e. Sale Of Dangerous Fireworks.
Fine amount one thousand dollars ($1,000.00) for first offense.
Fine amount five thousand dollars ($5,000.00) for second or subsequent offenses in the same year. (Ord. #1548-A, §2; Ord. #1565, §8; Ord. #1718, §2; Ord. #1741, §2)
Prior ordinance history: Code 1972 §§12-11, 12-12, 12-13, 12-14, 12-15, 12-16, 12-17, 12-18, 12-19, 12-20, 12-21, 12-22, 12-23, 12-24, 12-25, 12-26; Ord. #1183; Ord. #1482; Ord. #1521; Ord. #1548.