Chapter 6.28
FIREWORKS SALES AND DISCHARGE
Sections:
6.28.030 Rules, regulations, and enforcement.
6.28.050 Permitted types of fireworks—Qualified organizations.
6.28.080 Issuance of permits—Nontransferability—Duration.
6.28.090 Compliance with permit restrictions—City regulations.
6.28.100 Prohibitions of use or display, discharge of fireworks.
6.28.110 Fireworks stand specifications—Requirements.
6.28.120 Storage of fireworks.
6.28.130 Permittee safety training.
6.28.150 Appeal for denial of permit.
6.28.010 Purpose.
The purpose of this chapter is to restrict the sale and use of fireworks or the public display of fireworks within the city for the health, safety, and welfare of all persons and properties of the city. (Ord. 851 § 1, 2021).
6.28.020 Definitions.
For the purpose of this chapter, and except where otherwise expressly defined in another section of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this chapter, they shall be construed as their ordinary meaning within the context which they are used.
“Applicant” means the person that files an application for a permit.
“Dangerous fireworks” has the same meaning as that term is defined by California Health and Safety Code Section 12505.
“Enforcement officer” means the city manager, fire chief, or the city manager’s designated representative.
“Exempt fireworks” as defined in California Health and Safety Code Section 12508 means any special item containing pyrotechnic compositions which the State Fire Marshal, with the advice of the State Fire Advisory Board, has investigated and determined to be limited to industrial, commercial, agricultural use or religious ceremonies when authorized by a permit granted by the authority having jurisdiction.
“Fireworks sales booth” means the booth, stand, or other approved temporary structure used for the purpose of selling safe and sane fireworks.
“Local nonprofit organization” means a nonprofit organization that:
1. Has a primary meeting place within the official sphere of influence of the city of Patterson, as approved by the local agency formation commission;
2. Has been organized and established within the city of Patterson’s sphere of influence for a minimum of one continuous year preceding the filing of the application for a permit; and
3. Has a bona fide membership of at least ten members who reside in the city of Patterson.
“Nonprofit organization” means any nonprofit association or corporation organized primarily for veteran, patriotic, welfare, religious, civic betterment or charitable purposes, which has been issued a tax exempt certificate as required under the Revenue and Taxation Code or a group that is an integral part of a recognized national organization having such a tax exempt status.
“Owner-occupant” means the record owner of real property as listed in the most current equalized assessment roll as maintained by the Stanislaus County assessor.
“Permit” means a permit for the sale of safe and sane fireworks issued pursuant to Section 6.28.040.
“Permittee” means a local nonprofit organization that has received a permit for the sale of safe and sane fireworks, or a city council approved state licensed pyrotechnic operator as defined under California Health and Safety Code Section 12578.
“Responsible party” means any person with an ownership interest or right of possession of the real property where unpermitted fireworks are possessed, sold, used, manufactured or discharged, including, but not limited to:
1. Any owner-occupant.
2. Any lessee, subtenant, licensee, or other person having possessory control over a property, structure, or parcel of land.
3. Any person that organizes, supervises, officiates, conducts, or controls the gathering or any other person accepting responsibility for such a gathering.
“Safe and sane fireworks” has the same meaning as that term is defined by Health and Safety Code Section 12529. All safe and sane fireworks shall be approved by the California Fire Marshal and labeled as safe and sane. (Ord. 851 § 1, 2021).
6.28.030 Rules, regulations, and enforcement.
A. The enforcement officer shall have authority to adopt and implement such administrative rules and regulations as may be required to:
1. Provide for the orderly administration of this chapter;
2. Ensure compliance with all rules and regulations required by state law and the rules and regulations of the State Fire Marshal; and
3. Ensure the safety of the booth structure and the sales operations.
B. The enforcement officer shall be responsible for the enforcement of the provisions of this chapter. Sworn peace officers and other city staff with training in the powers of arrest and designated by the police chief or fire chief, are also authorized to enforce this chapter.
C. In addition to the penalties set forth in Chapter 6.29, the enforcement officer shall have the authority to immediately suspend or revoke the permit of any permittee that has conducted its operations in violation of any of the provisions of this chapter, state law, or the rules and regulations of the State Fire Marshal.
D. Upon suspension or revocation of a permit, the permittee shall immediately cease all fireworks sales. The enforcement officer shall inform the permittee that the permittee may seek review of the enforcement officer’s decision pursuant to Section 6.28.150. Suspension or revocation of any permit shall be effective for the current calendar year. (Ord. 851 § 1, 2021).
6.28.040 Permit required.
A. It shall be unlawful for any person, firm, or corporation to engage in the sale or distribution of fireworks within the city without first securing a permit from the city, the fire protection district, State Fire Marshal, and any other required state or local agency.
B. A city council-approved state-licensed pyrotechnic operator who is approved to provide a public display of fireworks by the discharge of dangerous fireworks for a one-time city-conducted special event or celebratory occasion, shall apply for a permit to ensure that all state and local regulations, laws, and requirements for the safety and welfare of persons and properties are met. (Ord. 851 § 1, 2021).
6.28.050 Permitted types of fireworks—Qualified organizations.
A. Permits shall only be issued for the sale of safe and sane fireworks.
B. It shall be unlawful for any person, firm, or corporation to possess, sell, store, use, display or offer or make available for sale or expose for sale at retail, fireworks for use within the city that are not classified as safe and sane fireworks including altered safe and sane fireworks, or other combustible devices or explosive substance or any kind of fireworks by another name.
C. Notwithstanding subsections A and B of this section, the city council may, for a one-time city-conducted special event or celebratory occasion, allow for the issuance of a city fireworks permit for the public display of “dangerous fireworks” conducted by a state-licensed pyrotechnic operator, who shall meet all the state and local regulations, laws, and requirements to ensure the safety and welfare of all persons and properties.
D. Permits for the sale of safe and sane fireworks under the provisions of this chapter shall be issued if:
1. The applicant is a bona fide nonprofit organization or corporation, as recognized by the state of California, or a tax-exempt organization or corporation recognized by the federal Internal Revenue Service that was formed primarily for veteran, patriotic, welfare, civic betterment, charitable, or charitable purposes;
2. The applicant is a nonprofit or tax-exempt organization affiliated with the Patterson Unified School District, located within the city limits of the city; or
3. The applicant is a nonprofit or tax-exempt organization from a school within six miles of the city limits that has a student body consisting of at least fifty percent of Patterson residents. Said applicant from a school outside the city limits shall not be eligible for a permit if a permit is granted or is expected to be granted by another jurisdiction.
4. The nonprofit or tax-exempt organization shall provide proof of:
a. Having a minimum of ten members of which at least eighty percent of its current members reside within the city limits of Patterson;
b. Having been established within the city’s postal area for at least a period of one year;
c. Having its principal and permanent meeting place in the city’s postal area; and
d. Having demonstrated its purpose for existence and its direct and continuous services and benefits to the city in the past twelve months.
e. An applicant from a school outside the city limits that may not meet all the aforementioned criteria shall meet criteria that are satisfactory to the enforcement officer. (Ord. 851 § 1, 2021).
6.28.060 Permit applications.
A. Any organization or person(s) interested in obtaining a temporary permit for a fireworks stand and sale of safe and sane fireworks shall first obtain and file an application form provided by the city’s enforcement officer.
B. Requirements shall include, but are not limited to:
1. Providing proof of tax exemption that is active and in good standing;
2. Providing a certificate of liability insurance that shall indicate the limit amount as determined by the city’s risk management authority for liability coverage per occurrence for bodily injury, property damage, including premises, operations, and product liability; that shall name the city as certificate holder; that shall contain an attached separate endorsement to the policy naming the city as an additional insured; and shall indicate that a thirty-day advance notice will be given to the city prior to cancellation or material change of the policy; and
3. Providing a copy of the applicant’s current license as a fireworks wholesaler/retailer by the state of California.
C. The application may require any other information and additional documentation as deemed necessary to make an adequate determination of eligibility.
D. Application requirements shall be established as deemed necessary by the city manager to ensure appropriate liability coverage and documentation has been secured and all state and local regulations, laws, and requirements are met.
E. A nonrefundable permit processing fee of fifty dollars, or an amount as amended by city council resolution, shall be paid at the time of submittal of an application. An exception of a refund may occur if a limit on the number of permits allowed to be issued is declared by the city manager, and as a result of conducting a lottery the applicant is not selected.
F. Pursuant to Section 5.04.100, license fees for eligible nonprofit or tax-exempt organizations shall be waived. (Ord. 851 § 1, 2021).
6.28.070 Time for filing.
A. Applications shall be made available by March 1st and shall be filed by the applicant no later than the close of business on June 1st, or, if offices are closed, the close of business on the next open business day. Applications submitted after the indicated deadline will not be accepted. Failure to meet the requirements of the application for a permit will be reason for denial.
B. A city council-approved operator as set forth in Section 6.28.040(B) shall file an application for a permit not less than fifteen days prior to the event. (Ord. 867 § 1, 2023; Ord. 851 § 1, 2021).
6.28.080 Issuance of permits—Nontransferability—Duration.
A. The enforcement officer, upon satisfaction that the applicant met the requirements, may grant a permit, subject to any other conditions deemed necessary for the public’s health, safety, and general welfare.
B. The city manager shall have the discretion to set a maximum number of permits that may be issued each calendar year to sell safe and sane fireworks. If the number of applications received exceeds the number of permits allowed for the year, a random lottery system will be conducted by the enforcement official, and applicants will be notified accordingly.
C. To allow various Patterson nonprofit and tax-exempt organizations an opportunity to sell fireworks, no more than one permit per organization shall be issued for the sale of fireworks during any one calendar year; any affiliates will not be eligible for a permit. One issued permit allows for one temporary stand for the sale of fireworks.
D. The temporary city permit issued shall only be valid for the organization named, the premises or address indicated, and for the dates specified on the permit. The permit shall not be transferable, assignable, or renewable.
E. Applicants for a permit shall be notified by the enforcement officer of the granting or denial of a permit no later than May 15th of each year.
F. The permittee shall comply with all state and local regulations and laws for the transportation and storage of fireworks to be sold, used, or displayed.
G. The city issued permit shall be posted at the stand for clear public view, along with the State Fire Marshal’s retail fireworks license permit and any other permit or sign required by state or local regulations or laws.
H. The sale of fireworks may begin no earlier than twelve noon on June 28th, and may be sold daily thereafter from nine a.m. to nine p.m., and shall cease by nine p.m. on July 4th. All unsold stock shall be removed from the location no later than twelve noon July 5th. (Ord. 851 § 1, 2021).
6.28.090 Compliance with permit restrictions—City regulations.
A. Any applicant who is issued a city permit to operate a temporary stand for the sale of fireworks shall abide by and comply with all the regulations, laws, requirements, conditions, and restrictions set by state and local regulations and laws, which shall include:
1. No person other than the official members of the organization, their spouses, parents, or adult children shall sell or otherwise participate in the sale of fireworks at the stand.
2. No person other than the permitted organization shall operate the stand or participate in the profits of the operation of the stand.
3. No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at the stand.
4. No person under the age of eighteen shall sell or participate in the sale of fireworks, and no person under the age of sixteen shall be sold or given fireworks.
5. All retail sales of safe and sane fireworks shall be conducted only within the permitted temporary fireworks stand; sale from any other building or structure is prohibited.
B. Should the dates and times allowed by the State Fire Marshal or local fire protection district exceed the dates and times set by the Patterson Municipal Code, all permittees shall comply with the city’s jurisdictional regulations. (Ord. 851 § 1, 2021).
6.28.100 Prohibitions of use or display, discharge of fireworks.
A. It shall be unlawful to sell or offer for sale any fireworks in violation of the regulations established by this code.
B. It shall be unlawful to possess, discharge, sell or offer for sale any fireworks within the city which are classified as “dangerous fireworks” as defined by the California Health and Safety Code.
C. It shall be unlawful for any person having the care, custody or control of a person under the age of sixteen years to permit such person to discharge any safe and sane fireworks unless such minor does so under the direct supervision of a person over eighteen years of age, and during the hours and on the days permitted by this chapter.
D. It shall be unlawful to throw, toss, project or position an ignited firework of any kind in such a manner as to cause the firework or contents thereof to come in contact with another person’s body, private property, or real property.
E. It shall be unlawful for any person to discharge or permit the discharge of any safe and sane fireworks within any public property, buildings, or facilities, except by the approval of the city council.
F. It shall be unlawful to discharge any safe and sane fireworks during any other time except during the period beginning June 28th through July 6th, between the hours of twelve noon and ten p.m. of each year; or as amended by city council resolution. (Ord. 851 § 1, 2021).
6.28.110 Fireworks stand specifications—Requirements.
Temporary stands are subject to the requirements as set forth in the application and this code, including:
A. A stand shall meet all the requirements for construction and maintenance as to ensure the safety of the attendants and patrons as required by the chief building official or designee or the fire protection district.
B. Fireworks stands may be erected no earlier than June 20th and shall be removed, along with any related litter, no later than July 7th of each year.
C. A permittee shall not allow any person other than the individuals who are members of the permittee organization, their spouses or adult children, or volunteers to whom no compensation is paid, to sell, operate, or otherwise participate in the sale or profits of fireworks at a fireworks sales booth.
D. A permittee shall not pay any consideration to any person for selling or otherwise participating in the sale of fireworks at such booth, except the hiring of a night watchman or security officer.
E. A fireworks sales booth shall not be set up before an application for permit has been approved.
F. A copy of the permit shall be posted in a conspicuous location within the interior portion of the fireworks sales booth at all times.
G. A sign shall be affixed to the front exterior portion of the fireworks booth in letters at least six inches in height, identifying the name of the local nonprofit organization to which the permit was issued.
H. All fireworks sales booths shall be located only upon property that is zoned for commercial or industrial uses.
I. Each applicant shall be limited to one permit, which shall authorize the sale of safe and sane fireworks at only the approved site location shown on the permit.
J. Each proposed fireworks sales booth shall be required to meet and comply with all regulations and site location requirements established by the State Fire Marshal.
K. All permittees shall pass an inspection of their fireworks sales booth. If a permittee fails to pass an inspection, there shall be a reinspection fee, as determined by resolution of the city council, charged for any subsequent inspection. (Ord. 867 § 2, 2023; Ord. 851 § 1, 2021).
6.28.120 Storage of fireworks.
A. Permittees may only store safe and sane fireworks within the city solely during the period of June 22nd through July 15th of each year.
B. Safe and sane fireworks that are not being sold or displayed with the intent to sell shall be stored in the following manners:
1. Within the permitted fireworks sales booth with a responsible adult on the premises at all times.
2. In a completely enclosed and locked utility type trailer constructed of one-quarter-inch plywood or other approved noncombustible material.
3. In a completely detached garage on residential property with a minimum of ten-foot clearance to other structures or property lines. There shall be no open flame or spark producing equipment, or Class 1 flammable liquids, stored or used within the garage.
4. Fireworks shall not be stored within one hundred feet of any building classified or used as a public or private school, day care facility, residential care facility, hospital, place of detention, public oil/gas station, or public garage, or any place of public assembly that can accommodate fifty or more persons.
5. The following information shall be submitted to and approved by the enforcement officer:
a. Storage location.
b. Description of storage facility. (Ord. 851 § 1, 2021).
6.28.130 Permittee safety training.
Each calendar year one or more representatives from each permittee shall attend a fireworks sales booth safety seminar conducted by the fire department or the fireworks industry. Failure to attend the seminar shall result in the revocation of the permittee’s permit for that calendar year. (Ord. 851 § 1, 2021).
6.28.140 Failure to comply.
Any violations of this chapter shall be subject to provisions of Chapter 6.29. (Ord. 851 § 1, 2021).
6.28.150 Appeal for denial of permit.
If the enforcement officer denies the issuance of a permit or the submittal of an application, the applicant making the request may appeal such action by filing a written notice of appeal with the city council. Such written appeal notice shall be filed with the city clerk within five days from the date of notification of denial. The notice of appeal shall set forth the reasons for the applicant’s requested appeal. Upon receipt of a notice of appeal form, a hearing shall be set before the city council at the next regularly scheduled meeting. Upon such hearing the city council may deny the application or grant the application with such conditions as the city council shall deem proper. (Ord. 851 § 1, 2021).