CHAPTER 5. SAFETY REGULATIONS

ARTICLE 1. FIRE PREVENTION

4-05-1000 SMOKING PROHIBITED:

It shall be unlawful to smoke or ignite tobacco or other smoking material in any form upon grain, grass, brush or timber covered lands belonging to another, including lands publicly owned, or upon any road, path or trail traversing such lands, between June 1st and October 31st, inclusive, of any year, except in the following places:

(a)    In improved camp sites.

(b)    In places of human habitation.

(c)    In automobiles equipped with ash trays while on improved roads or trails.

(d)    While on foot and stopped in an area at least three (3) feet in diameter which is completely clear of any flammable matter; provided, however, that all burning or glowing substances shall be completely extinguished before being discarded.

ARTICLE 3. FIREWORKS

4-05-1050 DANGEROUS FIREWORKS:

It shall be unlawful for any person to sell, offer for sale, give away, have in his or her possession, fire, set off, discharge or use, or cause or permit to be sold, offered for sale, have had in his or her possession, fired, set off, discharged or used any Dangerous Fireworks as defined under Health and Safety Code section 12505, within the unincorporated area of the County, except as otherwise permitted by state law.

(Repealed and replaced by Ord. No. 3583, effective 6-18-20)

4-05-1051 EXEMPT FIREWORKS:

"Exempt Fireworks" means any firecracker or salute of any size, kind, nature or name, or any bomb, chaser, skyrocket, roman candle, triangle wheel, pin wheel, mine, balloon operated by means of any flame, or any fireworks or other device commonly used for display or celebration purposes which contains any phosphorous in any form, or which contains any dynamite, any form of nitroglycerine or any other explosive substance so confined as to cause detonation upon being discharged, or any product which is of a similar nature to any article or product hereinabove enumerated, or any article or product of a flammable nature or capable of causing conflagration which is commonly used for display or celebration purposes. It shall be unlawful for any person to sell, offer for sale, give away, have in his or her possession, fire, set off, discharge or use, or cause or permit to be sold, offered for sale, have had in his or her possession, fired, set off, discharged or used, any exempt firework; provided, however, that nothing in this section shall prohibit the selling, offering for sale, possessing, firing, setting off, discharging or using of any paper cap commonly used in toy cap pistols.

(Repealed and replaced by Ord. No. 3583, effective 6-18-20)

4-05-1055 EXCEPTION: MANUFACTURER AND JOBBER:

Upon the issuance of a permit by the Board of Supervisors, it shall be lawful to engage in the manufacturing, jobbing or dealing in any article or product named or described in sections 4-05-1050 and 4-05-1051 if such article or product is sold or offered for sale solely for delivery and use outside of the unincorporated territory of the County and any such article or product so sold is delivered by such manufacturer, jobber, dealer, or by common carrier to such point of delivery, except when sold or delivered for use pursuant to section 4-05-1060 of this Article.

(Repealed and replaced by Ord. No. 3583, effective 6-18-20)

4-05-1060 PUBLIC DISPLAY:

(a)    Nothing in sections 4-05-1050 and 4-05-1051 of this Article shall prohibit a public display of fireworks at any public gathering, provided that a permit to make such a public display has been issued in accordance with section 12640 et seq. of the Health and Safety Code.

(b)    Applications for permits to make a public display of fireworks shall be filed with the County Fire Chief or his or her designee. An application shall not be accepted unless accompanied by the application fee for the permit as established, from time to time, by resolution of the Board of Supervisors. The County Fire Chief or his or her designee is hereby delegated the power to grant the permit, with or without conditions, or deny the permit in accordance with the provisions of section 12640 et seq. of the Health and Safety Code.

(c)    If the County Fire Chief or his or her designee denies the requested permit, or grants the permit subject to conditions that are not satisfactory to the applicant, the applicant may file a written appeal with the Clerk of the Board of Supervisors. The appeals process and any Judicial Review shall be governed pursuant to Tulare County Ordinance Code section 165.

(Repealed and replaced by Ord. No. 3583, effective 6-18-20)

4-05-1061 REVOCATION OF PUBLIC DISPLAY PERMIT:

The County Fire Chief or his or her designee may revoke the permit of any person or organization that violates the provisions of this Article of the Tulare County Ordinance Code. Notice of revocation shall be made in writing by the County Fire Chief or his or her designee to the permit holder. The County Fire Chief or his or her designee may reinstate a permit upon proof that the permit holder is in compliance with all provisions and rules pertaining to this Article of the Tulare County Ordinance Code.

(Repealed and replaced by Ord. No. 3583, effective 6-18-20)

4-05-1070 SAFE AND SANE FIREWORKS:

"Safe and Sane Fireworks" means any fireworks which do not come within the definition of "Dangerous Fireworks" or "Exempt Fireworks" as defined under Health and Safety Code section 12529 and this Article. All Safe and Sane Fireworks shall be labeled with the Safe and Sane Fireworks seal as authorized by the State Fire Marshall. Except as provided in this Code, no person shall possess, sell, use, display, explode, or discharge any Safe and Sane Fireworks within the County.

(Repealed and replaced by Ord. No. 3583, effective 6-18-20)

4-05-1075 STATE RESPONSIBILITY AREA AND AREAS SURROUNDED BY INCORPORATED CITIES:

It shall be unlawful for any person to sell, offer for sale, give away, have in his or her possession, fire, set off, discharge or use, or cause or permit to be sold, offered for sale, have had in his or her possession, fired, set off, discharged or used, any fireworks, including Safe and Sane Fireworks, within the unincorporated area of the County known as the State Responsibility Area ("SRA") designated by Cal Fire in the foothills and mountains of the County within which Cal Fire has fire suppression responsibility. It shall be unlawful for any person to sell, offer for sale, or display for sale, any fireworks, including Safe and Sane Fireworks in any unincorporated area completely surrounded by an incorporated city. Maps designating the SRA shall be posted and made available to the public in all County Fire Stations.

(Repealed and replaced by Ord. No. 3583, effective 6-18-20)

4-05-1076 LOCAL RESPONSIBILITY AREA:

It is unlawful for any person to sell, offer for sale or display for sale any Safe and Sane Fireworks within the unincorporated area of the County known as the Local Responsibility Area ("LRA") designated by Cal Fire on the valley floor within which the Tulare County Fire Department has fire suppression responsibility without first obtaining a permit for that purpose from the County Fire Chief, or his or her designee. It shall be unlawful for any person to sell, offer for sale, give away, have in his or her possession, fire, set off, discharge or use, or cause or permit to be sold, offered for sale, have had in his or her possession, fired, set off, discharged or used any fireworks, including Safe and Sane Fireworks, within the LRA during the period of July 5 to noon on June 28 of each year. Maps designating the LRA shall be posted and made available to the public in all County Fire Stations.

(Repealed and replaced by Ord. No. 3583, effective 6-18-20)

4-05-1080 ELIGIBLE NONPROFIT ORGANIZATIONS:

"Eligible Nonprofit Organization" means an organization or corporation, which has met all of the following criteria continuously for a minimum of one year preceding the filing of the application for a permit to display for sale or sell Safe and Sane Fireworks.

(a)    The organization and/or corporation must be a duly organized nonprofit and tax-exempt charitable, religious, civic, patriotic, or community service organization or corporation with a current and valid 26 U.S.C. section 501(c)(3) tax exemption from the Internal Revenue Service or equivalent tax exempt status from the State Franchise Tax Board.

(b)    The organization must be headquartered within and clearly affiliated or identified with the County of Tulare.

(c)    The organization must be one which provides direct and regular community services and benefits to the citizens of the County of Tulare.

(d)    The organization must hold its regularly scheduled meetings within the County of Tulare.

(e)    No permit shall be issued to an ineligible organization. In the event an organization ceases to be an eligible organization, the permit shall be revoked immediately and shall be considered invalid. The ineligible organization shall cease the display and sales of Safe and Sane Fireworks immediately.

(Repealed and replaced by Ord. No. 3583, effective 6-18-20)

4-05-1081 SALE OF SAFE AND SANE FIREWORKS:

Applicants for a permit to display for sale or sell Safe and Sane Fireworks shall apply to the County Fire Chief or his or her designee, on a form approved by the County Fire Chief or his or her designee on or before the first business day in May of each year, and shall pay an application fee in an amount determined by resolution of the Board of Supervisors as necessary to cover actual costs of issuing the permit. This application fee shall be in addition to any fee or tax imposed by any other chapter or article of the Tulare County Ordinance Code. The application shall be accompanied by:

(a)    Proof that the applicant possesses a valid State Fire Marshal’s retail sales license as defined by Health and Safety Code section 12574;

(b)    Proof that the applicant possesses a valid temporary Seller’s Permit from the State Board of Equalization;

(c)    Certificate of Insurance as required by section 4-05-1084;

(d)    Description of location and configuration of the premises from which fireworks will be sold;

(e)    Other information or documentation as the County Fire Chief or his or her designee shall require.

(Repealed and replaced by Ord. No. 3583, effective 6-18-20)

4-05-1082 APPLICATION: CONDITIONS: INVESTIGATIONS:

Each permit shall be valid only for the sale of Safe and Sane Fireworks. The sale and/or display of Safe and Sane Fireworks shall be permitted only June 28 between the hours of 12:00 P.M. and 11:00 P.M. and June 29 to July 4, between the hours of 9:00 A.M. and 11:00 P.M. The County Fire Chief, or his or her designee, shall investigate to determine whether the sale of fireworks in the manner proposed in an application will present a hazard to property or persons, in which case the permit may be issued with conditions to ameliorate such problems or the permit may be denied. Applicants may submit no more than one application for permit per community per year.

(Repealed and replaced by Ord. No. 3583, effective 6-18-20)

4-05-1083 POLICIES AND REGULATIONS:

All permit holders shall be required to:

(a)    responsibly store and safeguard fireworks prior to sale;

(b)    maintain the sales premises in a clean and safe condition;

(c)    avoid parking and traffic hazards;

(d)    keep all handicapped parking stalls unobstructed;

(e)    obtain the consent of any directly affected property owner;

(f)    locate sales premises at a safe distance from buildings, roads, and burnable materials as specifically identified on the Tulare County Fire Department Safe and Sane Fireworks stand application;

(g)    maintain appropriate fire extinguishers and other fire suppression equipment;

(h)    prohibit the sale of fireworks to anyone under the age of sixteen years;

(i)    prominently display the permit on the sales premises;

(j)    promptly remove any temporary sales structures by midnight of the second day following the termination date of the permit, and restore the premises to the condition before construction or location of the temporary structure;

(k)    comply with any and all policies and regulations issued by the County Fire Chief or his or her designee from time-to-time made applicable to such permits; and

(l)    cease operation of any and all fire stands outside the permitted hours as stated in section 4-05-1082.

(Repealed and replaced by Ord. No. 3583, effective 6-18-20)

4-05-1084 INSURANCE:

Every permit holder must procure and maintain, during the term of the permit, comprehensive general liability insurance coverage in an amount not less than $1,000,000 combined single limit per occurrence in a form acceptable to the County Fire Chief or his or her designee and naming the County, the Tulare County Fire Department, and the State of California, their officers, agents, employees and volunteers as additional insured parties.

(Repealed and replaced by Ord. No. 3583, effective 6-18-20)

4-05-1085 APPEAL:

If the County Fire Chief or his or her designee denies the requested permit, or grants the permit subject to conditions that are not satisfactory to the applicant, the applicant may file a written appeal with the Clerk of the Board of Supervisors. The appeals process and any Judicial Review shall be governed pursuant to Tulare County Ordinance Code section 165.

(Repealed and replaced by Ord. No. 3583, effective 6-18-20)

4-05-1086 REVOCATION OF SALES PERMIT:

The County Fire Chief or his or her designee may revoke the permit of any organization that violates the provisions of this Article of the Tulare County Ordinance Code. Notice of revocation shall be made in writing by the County Fire Chief or his or her designee to the organization. The County Fire Chief or his or her designee may reinstate a permit upon proof that the permit holder is in compliance with all provisions and rules pertaining to this Article of the Tulare County Ordinance Code.

(Repealed and replaced by Ord. No. 3583, effective 6-18-20)

4-05-1087 PUBLIC NUISANCE:

The sale of fireworks in violation of this Article, including the material breach of any condition placed on a permit for the sale of Safe and Sane Fireworks, is hereby declared to be a Public Nuisance and may be abated in accordance with the Tulare County Public Nuisance Ordinance, including the emergency abatement procedures provided in Tulare County Ordinance Code section 4-01-1315, if applicable.

(Repealed and replaced by Ord. No. 3583, effective 6-18-20)

4-05-1090 VIOLATIONS AND PENALTIES:

(a)    Any person who violates any of the provisions of this Code or Regulations hereby adopted or fails to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall sell, offer for sale, give away, have in his or her possession, fire, set off, discharge or use, or to cause or permit to be sold, offered for sale, have had in his or her possession, fired, set off, discharged or used, Dangerous Firework(s) or Safe and Sane Firework(s) within the SRA, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Board of Appeal or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor for violation of any provision of this chapter.

(b)    Each offense shall be punishable as provided in Tulare County Ordinance Code section 125.

(c)    The imposition of one penalty for any violation shall not excuse the violation nor permit it to continue; and all persons shall be required to correct or remedy such violations or defects within a reasonable time. When not otherwise specified, each day the prohibited conditions are maintained shall constitute a separate offense and corresponding penalty.

(d)    The application of the above penalties shall not be held to prevent the enforced removal of prohibited conditions.

(e)    The application of the above penalties shall be in addition to any other liabilities imposed by law, including but not limited to the liabilities imposed pursuant to Health and Safety Code sections 12700, 12702 (a), 12702 (b), 12702 (c) and 13009 et seq.

(f)    In addition to the above penalties, if a juvenile is found to be in violation of this section, the juvenile shall complete a Tulare County Fire approved youth fire setter prevention and intervention program.

(Repealed and replaced by Ord. No. 3583, effective 6-18-20)

ARTICLE 5. DISCHARGE OF WEAPONS

4-05-1115 DEFINITION: "WEAPONS":

The word "weapons," as used in this Article, means any rifle, pistol, shotgun, air gun or pellet gun which projects a metallic object by means of air, gas or a spring, slingshot, crossbow, bow and arrow and any other instrument used for discharging projectiles capable of doing bodily harm.

4-05-1120 PURPOSE:

The purpose of this Article is to prohibit the discharge of weapons in and into those areas of the County in which the Board of Supervisors has determined that the public health and safety require that there be no discharge of weapons. Those areas for which the Board of Supervisors has made such a determination are described in section 4-05-1130 et seq. of this Article.

4-05-1125 SAME: EXCEPTIONS:

The provisions of this Article shall not apply to any public officer in the lawful discharge of his duties, nor to any person necessarily acting in the lawful defense of person or property, nor to the premises of any shooting gallery, practice range, skeet field, archery range or other similar place conducted at a fixed location and with respect to which adequate safeguards have been provided to protect person and property from injury.

4-05-1130 CAMP NELSON AREA:

It shall be unlawful to discharge any weapon within or into that area in and around the community of Camp Nelson, which is described as follows:

Beginning at a point located in Township 20 South, Range 31 East, M.D.B. and M., where the Camp Nelson Road, the Rogers Camp Road and Quaking Aspen Road converge; thence northerly and easterly along the center line of the Quaking Aspen Road to a point where said road crosses Boulder Creek, being about one mile easterly from Cedar Slope; thence southerly along the West margin of Boulder Creek to its junction with the South Fork of the Tule River; thence westerly along the North margin of the South Fork of the Tule River to the point where said River is crossed by Rogers Camp Road; thence northerly and westerly along the center line of said road to the point of beginning.

4-05-1135 SUGAR LOAF MOUNTAIN AREA:

It shall be unlawful to discharge any weapon within or into that area in and around the community of Sugar Loaf Mountain, which is described as follows:

Beginning at the North quarter corner of the Northeast quarter of Section 15, Township 24 South, Range 31 East, M.D.B. and M.; thence East 1 1/4 miles more or less to the Northeast corner of Section 14 of said Township and Range; thence South 1 1/4 mile more or less to the East quarter corner of the Northeast quarter of Section 23 of said Township and Range; thence West 1 1/4 mile more or less to the center of the Northeast quarter of Section 22 of said Township and Range; thence North 1 1/4 miles more or less to the point of beginning.

4-05-1140 OAK RANCH ESTATES AREA:

It shall be unlawful to discharge any weapon within or into that area in and around the community of Oak Ranch, which is described as follows:

(a)    The unincorporated portions of the Oak Ranch subdivisions known as Tracts 513, 533 and 567 recorded in volume 25, page 55; volume 27, page 60; and volume 30, page 24 respectively, of Maps in the official Tulare County Records.

ARTICLE 7. VIOLATIONS

4-05-1190 VIOLATIONS:

(a)    Any person violating any of the provisions of this Chapter, shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code.