Chapter 4-3 FIRE CODES AND ADMINISTRATION

(a) The California Fire Code, Edition 2022, and the secondary codes and publications adopted by reference in this section and TMC 4-3-102 are adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion and is the fire code of the City of Turlock except for those specific amendments thereto made in this chapter.

(b) Any and all amendments herein are permitted and authorized by the organizations and associations publishing the 2022 California Fire Code and the secondary codes and publications.

(c) The 2022 California Building Code, Title 24, California Code of Regulations, Part 9 (California Fire Code), incorporating the International Fire Code, 2021 Edition, with errata, published by the International Code Council, including Chapter 1 with Divisions I and II but deleting Sections 111.1 through 111.4 and adopting Chapter 26 and Sections 104.1, 104.11, 104.11.1, 104.12 through 104.12.3, 104.3, 104.3.1, 105.6.9, 106, 107.1, 108, 109, 113, 114, 303, 305, 306, 307, 308.1.4, 308.1.6.3, 309, 311, 321, 403.10.5, 503, 510.3, 805, 806, 807, and 808, save and except such portions as hereinafter deleted, modified, or amended, are hereby adopted as the fire code of the City of Turlock pursuant to the City’s police powers provided for in the California Constitution, Article 11, Section 7, to legislate for the public health and safety.

(1295-CS, Amended, 11/10/2022; 1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; 1149-CS, Amended, 03/24/2011; 1104-CS, Rep&ReEn, 12/13/2007)

4-3-102 Adoption by reference of the 2022 California Fire Code.

That document, one (1) copy of which is on file in the office of the City Clerk, and designated as “California Fire Code, 2022 Edition” (hereinafter referred to in this chapter as CFC), Appendix Chapter 4, and Appendices B, BB, C, CC, D, E, F, G, I, N and O with errata, thereto, as compiled and published by the International Code Council, which code prescribes regulations governing conditions hazardous to life and property from fire and explosion, as hereinafter amended, deleted and added to, is hereby adopted by reference as the fire code of the City of Turlock.

(1295-CS, Amended, 11/10/2022; 1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; 1149-CS, Amended, 03/24/2011; 1104-CS, Rep&ReEn, 12/13/2007)

4-3-103 Adoption of secondary codes.

The current edition of the National Fire Codes published by the National Fire Protection Association (NFPA) is adopted as a secondary code and by this reference is incorporated herein as though set forth in full.

(1273-CS, Added, 02/13/2020)

4-3-105 Alternate materials.

Section 104.10 of the CFC is amended to read as follows:

Whenever the Fire Chief disapproves an application for use of alternate materials, methods and/or types of construction, disapproves an application for permit or refuses to grant a permit applied for, or when it is claimed that the provisions of the Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal the decision as provided by Title 1, Chapter 4 of this Code.

(1295-CS, Amended, 11/10/2022; 1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; 1104-CS, Rep&ReEn, 12/13/2007. Formerly 4-3-104.)

4-3-106 Citations.

Section 112.3 of the CFC is amended to read as follows:

Citations. Persons operating or maintaining an occupancy, premises, or vehicle subject to the Code who allow a hazard to exist or fail to take immediate action to abate a hazard on such occupancy, premises or vehicle when ordered or notified to do so by the Fire Chief shall be guilty of a misdemeanor or infraction at the discretion of the Fire Chief. The Council may from time to time adopt a bail schedule for CFC violations. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

(1295-CS, Amended, 11/10/2022; 1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; 1104-CS, Rep&ReEn, 12/13/2007. Formerly 4-3-105.)

4-3-107 Fees.

(a) Permit fee. The Council may, from time to time, by resolution, adopt a fee for any permit issued pursuant to the fire code.

(b) Plan check fee. Plan check fees will be collected for all projects requiring a permit. Fees will be charged according to the established City fee schedule. Fees shall be collected when the permit is issued. If the permit is not issued within one (1) year, the permit will be voided and incurred fees will be billed to the person requesting the permit.

(1) Where plans are incomplete or changed so as to require an additional plan check, an additional plan check fee shall be charged at a rate shown in a schedule setting forth fees as adopted from time to time by resolution of the City Council.

(c) State-mandated inspections will require a nonrefundable fee to conduct annual business inspections. Details shown in City of Turlock Fee Schedule (City of Turlock Fee Schedule).

(d) Reinspection fee. The Council may, from time to time, by resolution, adopt a fee for costs associated with multiple reinspections conducted to obtain compliance with any notice, order or tag issued pursuant to the fire code.

(1) Where the assessment of reinspection fees is authorized, the Fire Chief shall provide the responsible person with a written notice assessing the reinspection fees. The written assessment shall contain the following information:

(i) The amount of fees charged (City of Turlock Fee Schedule);

(ii) The corresponding dates when reinspections took place; and

(iii) A deadline by which the reinspection fee must be paid.

(2) Notification of the reinspection fee assessment shall be provided to the responsible person by personal delivery or certified mail, return receipt requested.

(3) The failure of any responsible person to receive notice of the reinspection fees shall not affect the validity of any fees imposed under this article.

(4) Final determination of an inspection or reinspection fee shall create a debt in the nature of a quasi-contractual obligation, including an award of reasonable attorney’s fees, in favor of a prevailing party running from the property owner to the City. The City shall collect the assessed reinspection fees by the use of all appropriate legal means, including but not limited to referral to the Finance Division for collection in small claims court or by imposition of a lien.

(1295-CS, Amended, 11/10/2022; 1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; 1104-CS, Rep&ReEn, 12/13/2007. Formerly 4-3-104.)

Article 2. Amendments to the California Fire Code

4-3-201 Authority of fire personnel to exercise powers of police officers.

Section 103.3 of the CFC is hereby amended to read as follows:

The Fire Chief, Division Chiefs, Fire Marshal, and members of the Fire Department conducting Prevention Bureau and/or Fire Investigation unit duties shall have the powers of a Police Officer in performing their duties under this Code.

(1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; 1104-CS, Rep&ReEn, 12/13/2007)

4-3-202 Permit required for certain operations.

(a) Section 105.5.18(3) of the CFC is amended as follows:

To store, handle or use Class II, Class III-A and Class III-B liquids in excess of twenty-five (25) gallons in a building or in excess of fifty-five (55) gallons outside a building.

(b) Sections 105.6.19 and 105.5.34 of the CFC are hereby deleted.

(1295-CS, Amended, 11/10/2022; 1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; 1104-CS, Rep&ReEn, 12/13/2007)

4-3-203 Approved automatic fire sprinklers.

Section 903.7 of the CFC is amended by adding the following sections:

1. Approved automatic sprinkler systems are integrated systems of underground and overhead piping including a water supply of a type such as a gravity tank, fire pump, reservoir or pressure tank of a connection by underground piping to a city main, and which comply in all respects with the requirements adopted for such systems as described in the NFPA Pamphlet No. 13, as it now exists or as it may from time to time be amended. All required sprinkler systems shall meet NFPA 13 commercial standards unless mentioned below.

Condominium /apartment buildings up to 4 stories may be approved with NFPA 13R fire sprinkler systems with full attic protection. Attic protection shall consist of quick-response sprinklers spaced throughout the attic in accordance with NFPA 13. Attic hydraulic calculations shall be based on flowing a minimum four sprinklers. Piping in the attic shall be listed steel piping. Listed CPVC piping may be utilized under attic insulation with special application sprinklers installed in accordance with their listing and the manufacturer’s guidelines. The sprinklers are to have interior warning devices approved by the Fire Chief.

2. Approved automatic sprinkler systems shall include a waterflow detecting device, and valves controlling such systems, and shall be supervised by a monitoring device or devices. Waterflow and monitoring devices shall operate on a continuous basis, to provide immediate notification of any activation of such systems to a central station as described in the NFPA Pamphlet No. 72, as it now exists or as it may from time to time be amended. Underground key or hub valves in roadway boxes provided by the City or a public utility need not be monitored.

Sprinkler riser rooms and Fire Department connections shall be marked as requested by the Fire Chief.

3. Notwithstanding the provisions of this Code or the provisions of any other codes of the City of Turlock, approved automatic sprinkler systems shall be installed in those buildings, structures or combination of building and structure hereinafter constructed, which meet any one (1) of the following criteria:

(a) Have a total aggregate floor area of five thousand (5,000) square feet or more. Aggregate floor area shall be determined by measuring and totaling the area within the outside walls of the structure for each floor, or mezzanine and basement; the area beneath all attached projections from the outside walls that are four (4’) feet or larger; and the floor area of any attached garage. If the structure has no outside walls, the area shall be measured from the edge of the eaves projection. If structures are within six (6’) feet of each other as measured from the outside walls, or any projection therefrom, or are attached by a breezeway or a covered walkway, the measured floor area of each shall be aggregated.

(b) Are three (3) stories or more, irrespective of height; including basements, cellars and/or mezzanines.

(d) Any new building constructed for a Group A occupancy (as defined in California Building Code Section 303.1) or modified for Group A use.

4. Exceptions: When applying the provisions of this chapter, each portion of an existing building or structure separated by one (1) or more fire walls may be considered a separate building or structure; provided, that the fire walls meet the requirements of Section 705 of the current adopted edition of the California Building Code and the individual areas do not exceed the limits specified in Section 4-3-203 (3)(a) of this Code. Fire walls may not be added to avoid the installation of fire sprinklers in new buildings. Fire walls may not be added to existing buildings during remodel/addition to avoid the installation of fire sprinklers.

5. The Fire Chief shall have the power and authority to modify the enforcement of any part of this section. Such modification shall be upon terms and conditions as he/she shall deem proper, and shall become validated by passage of a Resolution from the City Council of the City of Turlock.

6. Nothing in this subsection is intended to provide a lesser degree of protection than that required in the presently adopted version of the California Building Code or provide for a waiver of its provisions unless such provision of this subsection provides for sprinkler protection in an area or areas not required in the building.

(1295-CS, Amended, 11/10/2022; 1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; 1149-CS, Amended, 03/24/2011; 1139-CS, Amended, 05/11/2010; 1104-CS, Rep&ReEn, 12/13/2007)

4-3-204 Fire Department access.

(a) Appendix D Section D103.5(1) of the CFC is amended by adding:

Gated communities may be approved to have fifteen (15’) foot gates when automatic opening devices such as Opticom systems or the equivalent are installed and when approved by the Fire Chief. Knox Box access shall also be provided. Dual

keyed Knox products for Police access shall be required.

(b) Appendix D Section D103.5(6) of the CFC is amended by adding:

Manual opening access gates may not be locked with a chain and padlock unless a Knox padlock is installed in the chain or a Knox Box with keys to the gate is added to the gate location. Dual keyed access for the Police Department shall be required.

Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with asphalt or concrete capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds.

Buildings or structures shall have an approved asphalt or concrete fire access road installed and accepted prior to final inspection.

(d) Section 506.3 of the CFC is amended by adding:

All commercial projects (new, remodel, addition and change of occupancy, or occupancy inspection) in the City may be required to provide a Knox Box (key box). A Knox Box capable of containing Material Data Safety Sheets (MSDS) sheets and Hazardous Materials plans will be required at commercial sites with significant amounts of hazardous materials. The Fire Chief may require additional Knox Boxes and padlocks to large buildings or projects.

(e) Section 504.1 of the CFC is amended by adding:

A clear walkway to the rear of any building shall be provided for firefighter access. The clear walkway shall include a minimum 24 inch gate in fences and 30 inch clear path. The clear path may be grass, soil or solid surface.

(f) Section 505.1 of the CFC is amended by adding:

Residential numbers shall be illuminated from dusk to dawn.

(g) Section 505.1.1 of the CFC is amended by adding:

New commercial buildings, commercial buildings undergoing occupancy change and commercial buildings undergoing renovation shall have a minimum of 6 inch Arabic numerals or alphabet letters indicating the building’s street address. The numerals and letters are to have a 3/4 inch stroke and contrast with their background. The address shall be internally or externally illuminated from dusk until dawn. The address shall face the street or road fronting the property. Buildings which set back from the road or street over 100 feet may be required to have larger numerals/letters as required by the Fire Chief. Rear addresses may be required due to property configuration.

(h) Section 506.1.1 of the CFC is amended by adding:

When gates are required or requested across required fire access lanes, an automatic gate may be required. The gate will be required to open with the Opticom strobe light system used by the Turlock Fire Department. A Knox Box entry will also be required.

(i) Section 912.4.1 of the CFC is amended by adding:

Locking Knox fire department connection caps will be required on all new installations. Knox caps will be required on existing fire department connections when required by the Fire Chief.

(j) Section 912.8 of the CFC is amended by adding:

A fire hydrant shall be located within 75’ of all required fire department connections. Fire hydrants serving sprinkler systems shall be located on the City side of the back flow prevention device.

(k) Section 912.9 of the CFC is amended by adding:

Fire hydrants shall not be placed on the fire suppression side of a fire department connection. The Fire Chief may require a looped underground fire service to large projects when deemed necessary.

(1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; 1159-CS, Amended, 10/11/2011; 1149-CS, Amended, 03/24/2011; 1104-CS, Rep&ReEn, 12/13/2007)

4-3-205 Agricultural fire/pit barbecues/bonfires.

(a) Section 307 of the CFC is amended by adding Section 307.2.2 as follows:

The only open burning allowed in the City will be products of agricultural pursuit. A permit shall be issued by the City and the San Joaquin Valley Air Control District.

(b) Section 307.4.1 of the CFC, Bonfires, is deleted.

(1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; 1149-CS, Amended, 03/24/2011; 1104-CS, Rep&ReEn, 12/13/2007)

4-3-206 Electronic disconnects/solar photovoltaic systems.

Section 603.4.1 of the CFC is amended by adding:

The main electrical service to any commercial building must be accessible for emergency shut-off from the outside of the building. This may be accomplished by providing a (one) main disconnect or a shunt trip device. If a generator system activates automatically when the shunt trip or main disconnect is shut down, a control to stop the generator must be located with the main disconnect or shunt trip. Shunt trips or main disconnects and generator controls shall be identified by signs approved by the Fire Chief. Exception: Electrical control room with a marked door that is accessible from the outside of the building.

Section 1205.2.1 of the CFC is amended by adding:

Residential solar photovoltaic systems shall have minimal exposed electrical conduit on roof top. Conduit may not be running over a roof ridge or ridges, unless approved by the Fire Chief.

(1295-CS, Amended, 11/10/2022; 1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; 1149-CS, Amended, 03/24/2011; 1104-CS, Rep&ReEn, 12/13/2007)

4-3-207 Use of incinerators.

Section 605.8 of the CFC is hereby amended to read as follows:

The use of incinerators within the City limits of the City of Turlock is prohibited. Exception: Human and pet incinerators.

(1295-CS, Amended, 11/10/2022; 1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; 1104-CS, Rep&ReEn, 12/13/2007)

4-3-208 False alarms.

Section 907.1.6 of the CFC is hereby amended to read as follows:

It shall be unlawful for a person to give, signal or transmit a false fire alarm. The City Council may adopt by resolution reasonable fees to recover the costs associated with responses to buildings or similar structures that have excessive false fire alarms.

(1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; 1104-CS, Rep&ReEn, 12/13/2007)

4-3-209 Hotworks.

Section 3504.2.6 of the CFC is amended to read as follows:

A minimum of 2-A:20B:C-rated fire extinguisher shall be located within thirty (30) feet of the location where hotworks is in progress and shall be accessible without climbing stairs. When required by the Fire Chief, a minimum 1-A:20B:C-rated fire extinguisher shall be mounted to each portable welding cart. All parts of this section shall comply with Section 906.

(1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; 1104-CS, Rep&ReEn, 12/13/2007)

4-3-210 Portable unvented heating appliances.

Section 603.9 of the CFC is amended to read as follows:

Portable, unvented heating appliances shall not be used in occupied buildings within the City limits of the City of Turlock. Exception: When approved, listed portable unvented oil burning heating appliances may be used in any occupancy during construction when such use is necessary for the construction and does not represent a hazard to life or property.

(1295-CS, Amended, 11/10/2022; 1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; 1104-CS, Rep&ReEn, 12/13/2007)

4-3-211 Explosive materials prohibited and limited acts.

Section 5605.1.1 of the CFC shall be amended to read:

Manufacturing. Explosive materials and fireworks shall not be manufactured within the city limits of Turlock.

Section 5604.1.1 of the CFC shall be amended to read:

Limits established by law. The storage of explosives and blasting agents is restricted to those areas of the city zoned as Heavy Industrial (M-2). Exception: Temporary storage for use in connection with approved blasting operations conducted in accordance with all applicable provisions of Chapter 56.

(1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; 1104-CS, Rep&ReEn, 12/13/2007)

4-3-212 Operating heating, lighting, and cooking appliances.

Section 5705.3.3 of the CFC is hereby amended to read as follows:

Heating, lighting or cooking appliances which utilize Class I liquids shall not be operated within a building or structure within the city limits of Turlock.

(1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; 1104-CS, Rep&ReEn, 12/13/2007)

4-3-213 Operation of tank vehicles.

Section 5705.1.1 is hereby amended to read as follows:

Tank Vehicles delivering to or receiving from flammable and combustible liquid tanks shall stand entirely on private property. Dispensing into any Tank Truck cargo tank with service station dispensing facilities is prohibited.

(1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; 1104-CS, Rep&ReEn, 12/13/2007)

4-3-214 Deposits of hazardous materials: Cleanup, abatement, or mitigation required: Liability for costs.

(a) Section 5003.3.1.4 of the CFC is amended to read as follows:

Responsibility of cleanup. The person, firm or corporation responsible for an unauthorized discharge shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, at no costs to the jurisdiction. When deemed necessary by the Fire Chief, cleanup may be initiated by the Fire Department or by an authorized individual or firm. Costs associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharge. The remedy provided by this section shall be in addition to any other remedies provided by law.

For purposes of this section, costs incurred by the City of Turlock shall include, but shall not be necessarily limited to the following: actual labor costs of City employees at their fully burdened hourly rate, cost of equipment operation, cost of materials obtained directly by the City, and cost of any contract labor and materials.

(b) Section 5001.2 of the CFC, the definition of “Hazardous Materials,” is hereby amended to read as follows:

Definition: Hazardous materials. Those chemicals or substances which are physical hazards or health hazards as defined and classified in Chapter 50, or as defined in the California Health and Safety Code, Division 20, Chapter 6.95, commencing with Section 25500, whether the materials are in useable or waste condition.

NFPA 704 placards may be required on all commercial buildings/structures with hazardous materials as required by the Fire Chief.

(1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; 1104-CS, Rep&ReEn, 12/13/2007)

4-3-215 Location of containers.

Section 6104.2 of the CFC is amended to read as follows:

Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested commercial areas, the aggregate capacity of any one installation shall not exceed 2,000 gallon water capacity.

The storage of liquefied petroleum gases is restricted to those areas of the City zoned Commercial-Industrial zone; M-1 and M-2 Industrial zones and in addition thereto to properties used as Automotive Service Stations located in the areas of the City zoned for commercial use.

Whenever the Fire Chief, in his discretion, determines the storage of liquefied petroleum gases is necessary in other areas, the aggregate capacity of any such installation shall not exceed 2,000 gallon water capacity, except that in particular installations this capacity limit may be altered at the discretion of the Fire Chief, after consideration of special features such as topographical condition, nature of occupancy and proximity of buildings, capacity of proposed tanks, degree of private fire protection to be provided and facilities of the local Fire Department. The storage of liquefied petroleum gas shall conform to the provisions of the local zoning ordinance.

(1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; 1104-CS, Rep&ReEn, 12/13/2007)

4-3-216 Outside storage and use of liquefied petroleum gas.

Section 6101.2 of the CFC is hereby amended to read as follows:

Permits and Plans. A permit is required to store, use, handle or maintain any portable or stationary LP-gas container. The installer shall submit plans for any stationary LP-gas installation, regardless of size.

Exceptions:

(1) Containers not exceeding five (5) gallon water capacity, used for residential “barbecue” cooking, when used and stored outside of buildings.

(2) Approved containers not exceeding 16.4 ounces when displayed for sale in mercantile occupancies.

Distributors shall not fill an LP-gas container for which a permit is required unless a permit for the installation has been issued for that location by the Fire Chief.

(1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; 1104-CS, Rep&ReEn, 12/13/2007)

4-3-217 Prohibited use of liquefied petroleum gas.

Section 6105 of the CFC is hereby amended by adding thereto Subsections 6105.3, 6105.4, 6105.5, 6105.6, 6105.7 to read as follows:

6105.3 The use of stoves and other similar fuel burning appliances using liquefied petroleum gas for cooking, lighting or heating is prohibited in the City except as permitted in subsection (6) of this section.

6105.4 The storage or use of liquefied petroleum gas in any quantity shall be prohibited in areas of the City.

Exceptions:

1. The storage of liquefied petroleum gas may be permitted by the Fire Chief on residential property, when said property has been recently annexed to the City, and does not have natural gas service existing on a boundary line of the property.

2. Liquefied petroleum gas may be used for cooking purposes only at certain “Mobile” Carnival installation subject to the approval of the Fire Chief and by permit.

3. Approved containers of liquefied petroleum gas may be stored and used in School Laboratories and used for Educational purposes subject to approval of the Fire Chief.

4. Permission may be granted by the Fire Chief for the use of liquefied petroleum gas by Artisans in the pursuit of their trade.

5. Approved containers of liquefied petroleum gas may be displayed for sale and storage in approved locations at certain Mercantile occupancies. The content weight of said containers shall not exceed 16.4 ounces.

6. Liquefied petroleum gas may be used for residential barbecue cooking. Containers shall not exceed five (5) gallon water capacity, and shall be stored outside of buildings. Two 5 gallon containers per single family residence.

7. Liquefied petroleum gas may be used to provide heat and light for camp trailers in “overnight” trailer parks within the City subject to compliance with applicable provisions of the California State Health and Safety Code.

8. Occupancies licensed by a State Agency requiring an alternate fuel supply for Emergency Standby Generators.

9. For use with certain mobile vending equipment.

10. LPG may be approved in businesses for approved floor cleaning machines and forklifts. Storage of extra cylinders to be approved by the Fire Chief.

6105.5 The storage of liquefied petroleum gas shall be prohibited in Hotels, Motels, and Apartment Houses and in buildings or on property or streets adjacent to property used for the following purposes: hotels, motels, apartments, condominiums, schools, churches, public assemblies, hospitals, carnivals, circuses, public parks, and other similar uses involving gatherings of more than fifty (50) people.

6105.6 Liquefied petroleum gas shall not be used for cooking, lighting or heating in any building that has Natural Gas Service along any boundary of the building property line, except with the special permit of the Fire Chief. This includes use of outdoor LPG heaters on same properties.

(1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; 1104-CS, Rep&ReEn, 12/13/2007)

4-3-218 Special enclosures, i.e., ConVaults.

(a) Section 5704.2.9.5 of the CFC is amended by adding the following:

The storage of Class I, II, and III A/B flammable and combustible liquids in aboveground tanks inside of buildings shall be in an approved double walled/protected tank. The tank shall be approved by the Fire Chief and installed per the CFC/NFPA.

(b) Section 5704.2.9.6.1 of the CFC is amended by adding the following:

The storage of Class I, II and III A/B flammable and combustible liquids in aboveground tanks outside a building is prohibited. Exception: Protected aboveground tanks shall be approved by the Fire Chief. Aboveground tanks shall be installed per the CFC/NFPA.

Spaced not more than 3 ft. (914 mm) between posts on center.

(1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; 1104-CS, Rep&ReEn, 12/13/2007)

4-3-219 Standpipe requirements.

Section 905.3.1 of the CFC is amended to read as follows:

Occupancies three or more stories in height shall be provided with a Class 1 standpipe system approved by the Fire Chief. (Except Group R-3 and R-3.1)

Occupancies less than three stories in height but greater than 20,000 square feet per floor shall be required to install Class1 standpipe approved by the Fire Chief.

Garden type apartment complexes may be required to install Class 1 standpipe systems approved by the Fire Chief.

(1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; 1104-CS, Rep&ReEn, 12/13/2007)

4-3-220 Alarm certifications.

(a) Section 907.1.6 of the CFC is hereby amended to read:

Certification. A certificate from Underwriters Laboratories (UL) shall be required on all commercial fire alarm/monitoring systems installed after January 1, 2003. UL certification shall be provided for all previously existing commercial fire alarm systems no later than January 1, 2005. UL certification is required to be maintained for commercial fire alarm/monitoring systems throughout the life of the alarmed/monitored building.

The UL certified system is to be monitored by a UL Central Station with all required services.

(b) Section 202 of the CFC, Firewatch, shall be amended by adding:

Qualified person shall mean an employee of a certified/approved security guard/patrol service.

(1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; 1104-CS, Rep&ReEn, 12/13/2007)

4-3-221 Spray booths.

Section 2401 of the CFC is hereby amended by adding:

2402.2 Spray booth is a listed mechanically ventilated appliance of varying dimensions and construction provided to enclose or accommodate a spraying operation and to confine and limit the escape of spray vapor and residue and to exhaust it safely.

Section 2401 of the CFC is hereby amended by adding:

6. Flammable spraying, combustible spraying, bedliner spraying and powder coating operations shall be conducted in a listed spray booth. Existing operations to be upgraded at change of occupancy.

(1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; 1104-CS, Rep&ReEn, 12/13/2007)

4-3-222 Powered industrial trucks and equipment.

Section 309 of the CFC is amended by adding Section 309.5.1 to read:

All LPG or natural gas driven equipment shall have a minimum 1A:10BC fire extinguisher mounted to the equipment and shall comply with Section 906.

(1273-CS, Added, 02/13/2020)

Article 3. Validity, Violations, and Penalties

4-3-301 Validity.

Section 1.1.12 of the CFC shall be amended to read:

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have passed this chapter and every section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

(1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; 742-CS, Rep&ReEn, 07/23/1991)

4-3-302 Violations: Penalties.

Section 112.4 of the CFC is amended by adding:

Violation of any provisions of this chapter or any International Code adopted by this chapter shall constitute a misdemeanor/infraction as provided in Title 1, Chapter 2 of the Turlock Municipal Code.

(1295-CS, Amended, 11/10/2022; 1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; Ord. 946-CS, Amended, 09/09/1999; 742-CS, Rep&ReEn, 07/23/1991)

Article 4. Fireworks

4-3-401 Manufacturing, storage, sale, and public display of fireworks.

(a) The manufacture of fireworks within the City of Turlock is prohibited. “Fireworks” is defined by the Health and Safety Code Sections 12503, “Agricultural and Wildlife Fireworks,” 12505, “Dangerous Fireworks,” 12506, “Emergency Signaling Device,” 12508, “Exempt Fireworks,” and 12511, “Fireworks.”

(b) It shall be unlawful for any person to engage in the sale or distribution of fireworks within the City of Turlock without first having secured a permit from the Fire Department, and a business license from the Finance Department.

(c) It shall be unlawful to store fireworks within the City of Turlock without first having secured a permit to do so from the Fire Department.

(d) Operator safety. Each year, one (1) or more representatives from each organization that is granted a permit to sell fireworks shall attend a stand operator safety seminar conducted by the Fire Department and the fireworks industry. Failure to attend the seminar shall result in the revocation of the organization’s permit and license to sell fireworks for that calendar year. Licensee will be notified at time of application with dates and time of seminar.

(1252-CS, Amended, 02/21/2019; 1149-CS, Amended, 03/24/2011; Ord. 945-CS, Amended, 09/09/1999; Manual, Renumbered, 09/09/1999, 4-3-207; 910-CS, Amended, 01/16/1997; 866-CS, Renumbered, 12/28/1995, 4-3-209; 742-CS, Rep&ReEn, 07/23/1991)

4-3-402 Permit requirements.

(a) A permit to store or sell fireworks shall be issued if all of the following conditions are met:

(1) The applicant is a local nonprofit organization, or a nonprofit organization affiliated with a school district, as these terms are defined in TMC 4-3-405;

(2) A completed application and the required fee established by City Council resolution are submitted to the Finance Department on or before 5:00 p.m., June 15th;

(3) The fireworks to be sold are California State Fire Marshal approved and labeled safe and sane fireworks; and

(4) The applicant is currently licensed as a fireworks wholesaler/retailer by the State of California.

(b) The total number of sales permits issued in any given year shall be limited to thirty-five (35) and shall be apportioned for local nonprofit organizations, or nonprofit organizations affiliated with a school district.

(1252-CS, Amended, 02/21/2019; 1181-CS, Amended, 03/28/2013; 1149-CS, Amended, 03/24/2011; Ord. 945-CS, Amended, 09/09/1999; Manual, Renumbered, 09/09/1999, 4-3-207.1; 919-CS, Amended, 04/25/1997; 910-CS, Enacted, 01/16/1997)

4-3-403 Applications.

(a) The application shall be on a form approved by the Fire Department and shall establish the applicant’s status as a local nonprofit organization or a nonprofit organization affiliated with a school district, identify the proposed location of the sale booth, and storage of same, including the seven (7) digit parcel number (APN) of the Stanislaus County Assessor and other information as may be required by the Fire Chief. The completed application and the required fee established by City Council resolution are submitted to the Finance Department by appointment only before 5:00 p.m., June 15th. Every application shall be accompanied by:

(1) Application cover letter;

(2) State Fire Marshal’s fireworks retail license;

(3) Proof of insurance;

(4) Plot plan of storage;

(5) Plot plan of booth location with exact placement of fireworks;

(6) Property owner’s, or his/her designee’s, written permission to sell fireworks at the location shall accompany the permit application;

(7) Resale or seller’s permit issued by the California State Board of Equalization; and

(8) Completed business license application and current proof of local nonprofit status.

(b) Permit will be issued on the day the applicant begins selling, and after inspection of the place of storage and stand reveals compliance with all conditions of this article.

(c) The Fire Chief, or his/her designee, may revoke, immediately and without notice or hearing, the “safe and sane” fireworks permit of any location or organization when any of the provisions of this code, Health and Safety Code, International Fire Code, or the California Code of Regulations is violated. The Fire Chief shall inform the permittee that permittee may seek review of the Fire Chief’s decision, by the City Manager, on the next business day. At the earliest opportunity on the next business day after revocation, the Fire Chief shall provide the City Manager with written notice that a fireworks permit has been revoked, including the name of the permittee and a brief statement of the grounds for revocation. If requested by the permittee, the City Manager, or his/her designee, shall meet with the permittee and the Fire Chief, or his/her designee, that day to review the Fire Chief’s decision. The decision of the City Manager shall be final.

(d) Revocation of any permit will be effective for that calendar year.

(1252-CS, Amended, 02/21/2019; 1181-CS, Amended, 03/28/2013; 1149-CS, Amended, 03/24/2011; Ord. 945-CS, Amended, 09/09/1999; Manual, Renumbered, 09/09/1999, 4-3-207.2; 910-CS, Enacted, 01/16/1997)

4-3-404 Period of operation.

The sale and discharge of fireworks within the City shall be limited to the period commencing at 12:00 p.m., noon on June 28th and ending at 12:00 p.m., noon on July 6th.

(1252-CS, Amended, 02/21/2019; 1181-CS, Amended, 03/28/2013; Ord. 945-CS, Amended, 09/09/1999; Manual, Renumbered, 09/09/1999, 4-3-207.3; 910-CS, Enacted, 01/16/1997)

4-3-405 Definitions.

(a) “Local nonprofit organization” shall mean “nonprofit organization” as defined herein, which has a primary meeting place within the City, has been organized and established within the City for a minimum of one (1) year preceding the filing of the application for a permit, and has a bona fide membership of at least ten (10) members who reside in the City.

(b) “Nonprofit organization” shall mean any nonprofit association or corporation which, according to its articles of incorporation, has been organized primarily for veteran, patriotic, welfare, religious, civic betterment, or charitable purposes and currently possesses a status of active, good standing, and exempt with the California Franchise Tax Board or has been granted tax-exempt status by the Internal Revenue Service as evidenced by a letter of determination.

(c) “Person” shall mean any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.

(d) “School district” shall mean school districts serving a significant number of residents of the City of Turlock.

(1252-CS, Amended, 02/21/2019; 1181-CS, Amended, 03/28/2013; 1149-CS, Amended, 03/24/2011; Ord. 945-CS, Amended, 09/09/1999; Manual, Renumbered, 09/09/1999, 4-3-207.4; 910-CS, Enacted, 01/16/1997)

4-3-406 Fire Department review.

The Fire Department shall review all applications to ensure compliance with the requirements of this section and shall consult with the Municipal Services and Community Development Services Departments to ensure the proposed locale meets existing zoning regulations and does not create a traffic hazard.

(1252-CS, Amended, 02/21/2019; Ord. 945-CS, Amended, 09/09/1999; Manual, Renumbered, 09/09/1999, 4-3-207.5; 910-CS, Enacted, 01/16/1997)

4-3-407 Nontransferability of permit.

Permits for retail sales of “safe and sane” fireworks issued pursuant to the provisions of this article are not transferable to any other person or organization and are issued for the purpose of operating a single fireworks sales booth at the approved location. The permit may be used only by the organization to which it is issued.

(1252-CS, Amended, 02/21/2019; 1181-CS, Amended, 03/28/2013; Ord. 945-CS, Amended, 09/09/1999; Manual, Renumbered, 09/09/1999, 4-3-207.6; 910-CS, Enacted, 01/16/1997)

4-3-408 Fireworks displays.

(a) CCR, Title 19, Division 1, Chapter 6, Fireworks, is amended to read as follows:

(a) A special permit is required to conduct a fireworks display. A non-refundable fee, as established by resolution of the City Council from time to time, shall accompany every application for permission to conduct a public display of fireworks. This fee shall be in addition to any other fee or tax imposed.

(b) Permit applications, together with the permit fee established by resolution of the City Council, shall be submitted to the Fire Department not less than fourteen (14) days prior to the scheduled date of the display. After such privilege shall be granted, sale and possession, use and distribution of fireworks for such display shall be lawful for that purpose only and non-transferable. The decision of the Fire Chief shall be in writing and shall be mailed, postage prepaid, to the applicant. The decision of the Fire Chief, in acting on an application for permission to conduct a public display in accordance with the provisions of this section, may be appealed to the City Manager. Applicant shall file a Notice of Appeal of the Fire Chief’s decision with the City Clerk within ten (10) days after the date of the decision. Upon failure to file such notice within the ten-day (10-day) period, the action of the Fire Chief shall be final and conclusive. The applicant may appeal the decision of the City Manager to the City Council by filing a notice of appeal with the City Clerk within ten (10) days after the date of the City Manager’s decision. Upon failure to file such notice within the ten-day (10-day) period, the action of the City Manager, or his/her designee, shall be final and conclusive.

(c) The application shall include a diagram of the grounds on which the display is to occur which shows the point at which the fireworks are to be discharged, the location of the buildings, streets, electrical wires, trees and other overhead obstructions. At the time of application, the Fire Department shall be consulted regarding requirements for standby apparatus.

(d) The permit shall be granted unless it is determined that to do so would be contrary to public health, safety or welfare.

(b) Subsection 2 and 3 of Section 7802.4 of the UFC are amended to read as follows:

(1) Pyrotechnic operator. Fireworks display operations shall be under the direct supervision of a State of California licensed pyrotechnic operator. The pyrotechnic operator shall be responsible for all aspects of the display related to pyrotechnics.

(2) Insurance. The permittee/licensee shall carry general liability insurance with a minimum limit of liability per occurrence of one million dollars ($1,000,000.00) for bodily injury and one hundred thousand dollars ($100,000.00) for property damage, or one million dollars ($1,000,000.00) combined single limit. The certificate of insurance shall include the following coverages and indicate the policy aggregate limit applying to: premises and operations, broad form contractual, and products and complete operations. The permittee/license shall provide at its own expense and maintain at all times the specified insurance policies with insurance companies approved by the City Attorney and shall provide evidence of such insurance to the City as may be required. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in policy, notices of same shall be given to the City Clerk of the city by registered mail, return receipt requested.

(3) Indemnification. The permittee/licensee shall agree to hold the City of Turlock, its agents, officers, employees, and volunteers harmless from, and save, defend, and indemnify them against any and all claims, losses, liabilities, and from every cause, including but not limited to injury to person or property or wrongful death, with the indemnity to include reasonable attorney fees and all costs and expenses arising directly or indirectly out of any act or omission of permittee arising out of any activity authorized by the permit.

(1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; Ord. 945-CS, Amended, 09/09/1999, 4-3-207.7; 910-CS, Enacted, 01/16/1997)

4-3-409 Sales, storage, use, and handling of fireworks.

CCR Title 19, Division 1, Chapter 6, Fireworks, is amended to read as follows:

(a) General. Sales, storage, use and handling of fireworks shall be in accordance with this division.

(1) Sales. Retail sale or display with the intent to sell fireworks is limited to State of California Fire Marshal approved and labeled “Safe and Sane” fireworks within the City of Turlock by State of California licensed retailers, provided a permit to sell those fireworks has been approved and obtained from the Fire Chief.

(2) Storage. The storage of fireworks within the City of Turlock is limited to State of California Fire Marshal approved and labeled “Safe and Sane” fireworks by State of California licensed wholesalers and retailers.

(3) Wholesalers storage. Wholesalers may store “Safe and Sane” fireworks within the City of Turlock solely during the period of June 1 through July 31 of each year. Storage facilities shall comply with H1 occupancy classification requirements as defined by the Uniform Building Code.

(4) Retailers storage. Retailers may store “Safe and Sane” fireworks within the City of Turlock solely during the period of June 22 through July 15 of each year. “Safe and Sane” fireworks that are not being sold or displayed with the intent to sell, shall be stored solely in the following manner.

(i) Within the permitted fireworks stand with a responsible adult on the premises at all times.

(ii) In a completely enclosed and locked utility type trailer constructed of 1/4 inch plywood or other approved noncombustible material.

(iii) In a completely detached garage on residential property. There shall be no open flame or spark producing equipment, or Class 1 flammable liquids stored or used within the garage.

(5) Fireworks shall not be stored within forty (40) feet of any building classified or used as a public or private school, day care facility, residential care facility, hospital, or place of detention or public garage, or any place of public assembly that can accommodate fifty (50) or more persons.

(6) Storage location and description of storage type will be required submitted information and will require Fire Chief approval.

(b) Fireworks not allowed in the City. Piccolo Petes, Whistling Petes and similar devices shall not be sold, possessed or used in the City limits. The Fire Chief shall have final determination regarding decisions pertaining to similar devices.

(1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1200-CS, Amended, 9/23/2014; Ord. 994-CS, Amended, 12/12/2002; Ord. 945-CS, Add, 09/09/1999)

4-3-410 Temporary fireworks stands.

(a) 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 hereby prohibited.

(b) The fireworks stands shall be located at least twenty (20') feet from other structures.

(d) Fireworks shall not be stored, sold, offered for sale, or discharged within one hundred (100') feet of the property where gasoline, LPG, other class 1 flammable liquids or flammable gases are dispensed.

(e) Fireworks shall not be stored, sold, offered for sale or discharged within one hundred (100') feet of any storage and/or use of gasoline, LPG, other class 1 flammable liquids or flammable gases.

(f) All unsold stock and accompanying litter shall be removed from the location by 5:00 p.m. on July 6th.

(g) Temporary fireworks stands shall not be set up before June 14th.

(h) The fireworks stand shall be removed from the temporary location by 12:00 noon on July 10th, and all accompanying litter shall be cleared from said location by said time and date. Any booth not removed by the permittee selling in such booth by 12:00 noon on July 10th will be charged an additional fee of One Hundred and no/100ths ($100.00) Dollars per day.

(i) Safety precautions.

(1) No person under the age of eighteen (18) shall sell, or handle for sale, any classification of fireworks.

(2) No person under the age of eighteen (18) shall purchase or be allowed to purchase any classification of fireworks.

(3) Smoking, open-flame, and spark-producing equipment shall be prohibited for a distance of twenty (20') feet around any fireworks stand.

(4) Dry grass, weeds, trash, and other combustible material shall be removed for a distance of twenty (20') feet around any fireworks stand.

(5) No fireworks shall be set off within fifty (50') feet of any fireworks booth.

(j) Stand construction. Merchandise may be displayed in approved glass enclosed counters or showcases, or merchandise may be displayed in stands constructed in the following manner:

(1) Walls shall be of plywood at least one-quarter (1/4") inch thick or of an approved noncombustible material.

(2) Each fireworks stand shall have a roof covering of aluminum or sheet iron.

(3) Walls shall extend to minimum height of six (6') feet eight (8") inches, on at least three (3) sides. These three (3) sides shall be without openings, except for an exit door. If merchandise is stored within three (3') feet of an opening in an exterior wall and not in a glass counter, such merchandise shall be separated from the outside of the stand by a solid wall.

(4) Two (2) exit doors with a minimum size of twenty-four (24") inches in width and six (6') feet in height shall be provided in each stand. Exits shall be maintained clear and unobstructed at all times.

(5) The front wall of the stand shall provide a physical barrier (i.e., screen, chicken wire) not less than eighteen (18") inches in height between the public and the merchandise on display. This shall be to prevent the public from touching or handling fireworks unintentionally.

(6) Approved “NO SMOKING” signs shall be prominently displayed in and on the stand.

(7) Approved “NO SALES TO PERSONS UNDER THE AGE OF 18 YEARS OF AGE” signs shall be prominently displayed in the stand.

(k) An approved 2A10BC-fire extinguisher shall be located in the stand near the exit, readily accessible.

(l) Sellers of fireworks shall comply with all rules and regulations of Title 19 of the California Code of Regulations and with the rules and regulations of the Fire Chief.

(m) Operations of fireworks stands shall be by permittee only. It is unlawful for the permittee organization to allow any person other than the permittee organization to operate the fireworks stand for which the permit is issued or to otherwise participate in the profits of the operation of such fireworks stand.

(n) It is unlawful for a nonprofit organization to 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 or otherwise participate in the sale of fireworks at such fireworks stand.

(o) It is unlawful for a nonprofit organization to pay any consideration to any person for selling or otherwise participating in the sale of fireworks at such fireworks stand, except the hiring of a night watchman or security officer.

(1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; Ord. 945-CS, Add, 09/09/1999)

4-3-411 Dangerous fireworks prohibited: Penalties.

(a) A person shall not sell, use, possess, manufacture, or discharge dangerous fireworks within the City. Dangerous fireworks are defined as set forth in California Health and Safety Code Section 12505.

(1) Dangerous fireworks may also be defined as illegal fireworks, those fireworks not having the California State Fire Marshal seal for safe and sane fireworks.

(b) Every owner, occupant, lessee, tenant, or holder of any possessory interest of a residence or other private property within the City is required to maintain, manage and supervise property and all persons thereon in a manner so as not to violate the provisions of this chapter. A responsible party need not be present at the time dangerous fireworks are possessed, manufactured, sold, used, or discharged in order for the City to issue an administrative citation under this section.

(c) For the purposes of this section, the term “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.

(4) Every parent, guardian or other person, having the legal care, custody or control of any person under the age of eighteen (18) years may be issued a citation in accordance with the provisions of this article, in addition to any citation that may be issued to the offending minor.

(1292-CS, Amended, 10/13/2022; 1273-CS, Amended, 02/13/2020; 1252-CS, Amended, 02/21/2019; 1241-CS, Added, 05/22/2018)

4-3-412 Administrative fines for dangerous fireworks.

(a) Each person who violates any provision of this article as it relates to “dangerous fireworks” shall be subject to the imposition and payment of an administrative fine(s) as provided below:

(1) First administrative citation. One thousand and no/100ths ($1,000.00) dollars for a first violation.

(2) Second administrative citation. One thousand five hundred and no/100ths ($1,500.00) dollars for a second violation of the same ordinance within one (1) year.

(3) Third or subsequent administrative citations. Two thousand and no/100ths ($2,000.00) dollars for each additional violation of the same ordinance within one (1) year of the first violation

(b) In the case of a violation of any of the provisions listed in subsection (a) of this section, the administrative fine(s) shall be due and payable within thirty (30) calendar days from the issuance of the administrative fine citation, and the citee shall be required to abate the violation, and surrender all dangerous fireworks to the City, immediately.

(c) On the second and subsequent occurrence that a person is issued a citation for the same violation in any twelve (12) month period, the citee shall be liable for the amount of the new fine until it is paid, in addition to being responsible for payment of any previous fines.

(d) The citation may be confirmed either by the citee’s own admission or by the exhaustion of administrative remedies by the cite that results in no successful appeal by the cite. Upon such confirmation of the citation, all unpaid administrative fines, late fees and/or interest shall constitute a judgment, which may be collected in any manner allowed by law for collection of judgments including but not limited to recordation to create a lien on any real property owned by the responsible person. The City shall be entitled to recover its attorney’s fees and costs incurred in collecting any administrative fines, late charges, and/or interest.

(e) Payment of the administrative fine shall not excuse or discharge a citee from the duty to immediately abate and correct violations of this article, nor from any other responsibility or legal consequences for a continuation or the repeated violations of this article.

(1292-CS, Added, 10/13/2022)