HomeMy WebLinkAboutItem 6.1 Fireworks Yr 2000
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CITY CLERK
File # D~[5][l1J-[b]m
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: January 19, 1999
SUBJECT:
ATTACHMENTS:
RECOMMENDA TION:
A.
B.
C.
D.
E.
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FINANCIALSTATEMENT: None
Back2Tound:
Fireworks for Year 2000
1.
Draft Ordinance Amending Chapter 5.24 of the Dublin
Municipal Code Relating to the Sale of Fireworks
Chapter 5.24 of the Dublin Municipal Code
2.
Receive Staff Report
Open Public Hearing and take testimony
Close public hearing
Deliberate
Waive reading and adopt ordinance amending Chapter 5.24
(Exhibit 1)
Pursuant to State Law, the Dublin Municipal Code allows the sale of safe and sane fireworks each year
from June 28th to July 5th. In anticipation ofthe celebration of the new millennium, a recently enacted
State Law authorizes cities to adopt ordinances to allow the sale of safe and sane fireworks from
December 26, 1999 through January 1, 2000. Earlier this year, the City Council expressed a desire to
modifY the City's Fireworks Ordinance, consistent with the new State Law, to permit the sale of fireworks
for the new millennium celebration. At the January 5th City Council Meeting, the Council introduced the
attached proposed draft ordinance. The draft ordinance is now before the Council for adoption.
.
Analvsis:
The proposed ordinance would amend the DMC to allow the sale of safe and sane fireworks from noon on
December 26, 1999 to noon on January 1,2000. The proposed ordinance would require millennium
celebration fireworks sellers to follow the same City permit procedures and operating requirements that are
currently in effect under the Dublin Municipal Code for annual Independence Day fireworks sellers.
The proposed ordinance would also update the Dublin Municipal Code by striking the references in
Chapter 5.24 to the Dougherty Regional Fire Authority. The Dougherty Regional Fire Authority ceased to
provide fire services in Dublin in July 1997. Fire service is now provided to the City under a contract with
the Alameda County Fire Department.
Recommendation:
.
Staff recommends that the Council conduct a public hearing, deliberate, waive the reading and adopt the
ordinance.
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COPIES TO:
ITEM NO. 6..1
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ORDINANCE NO. - 99
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AN ORDINANCE OF THE CTIY OF DUBLIN
AMENDING CHAPTER 5.24 OF THE DUBLIN MUNICIPAL
CODE RELATING TO THE SALE OF FIREWORKS
The City Council of the City of Dublin does ordain as follows:
SECTION 1.
Section 5.24.070 ofDMC "Safe and sane fireworks.--'Permit procedure" Amended
Section 5.24.070 "Safe and sane fireworks -- Permit procedure" of the Dublin Municipal Code is
amended by adding the following new sentence at the end of subparagraph "A.":
"Any application to sell fireworks during the period from December 26, 1999 through
January 1, 2000 must be received by the Fire Chief on or before October 1, 1999."
Section 5.24.070 "Safe and sane fireworks -- Permit procedure" of the Dublin Municipal Code is
further amended by revising subparagraph "D." to read as follows:
.
"The application shall state the date and time on which it is proposed that fireworks
be sold, which in no event shall be for a period oftime not within (i) twelve p.m.
(12:00 p.m.) on June 28th to twelve p.m. (12:00 p.m.) on July 5th of each year, or (ii)
twelve p.m. (12:00 p.m.) on December 26, 1999 to twelve p.m. (12:00 p.m.) on
January 1,2000; however no fireworks shall be sold after ten p.m. (10:00 p.m.) or
before eight a.m. (8:00 a.m.) during these periods"
SECTION 2.
Section 5.24.100 ofDMC "General requirements for permittees" Amended
Section 5.24.100 "General requirements for permitees" of the Dublin Municipal Code is amended
by revising subparagraph "C." to read as follows:
"The sale of fireworks shall not (i) be made to any person under the age of eighteen
(18), (ii) begin before twelve p.m. (12:00) p.m. on the 28th day of June of each year
nor continue after twelve p.m. (12:00) p.m. on the 5th of July of each year, nor (iii)
begin before twelve p.m. (12:00) p.m. on December 26, 1999 nor continue after
twelve p.m. (12:00) p.m. on January 1,2000."
Section 5.24.100 "General requirements for permitees" of the Dublin Municipal Code is amended
by revising subparagraph "E." to read as follows:
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"For any stands permitted to sell fireworks during any period from June 28th through
July 5t~ all unsold stock and accompanying litter shall be removed from the location
of the stand by five p.m. (5:00 p.m.) on the fifth day of July, and the fireworks stand
shall be removed from the location no later than five p.m. (5:00 p.m.) on the eighth
day of July. For any stands permitted to sell fireworks during the period from
December 26, 1999 through January 1, 2000, all unsold stock shall be removed from
the location of the stand by five p.m. (5:00 p.m.) on January 1, 2000, and the
ATTACHMENT 1
'"'1 ... /)
,...,-A f =~
fireworks stand shall be removed from the location no later than five p.m. (5:00 p.m.)
on January 4,2000."
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SECTION 3. References to "DougheI1:y Regional Fire Authority" Omitted
A Section 5.24.040 '<Public display -- Permit required" of the Dublin Municipal Code is
amended by revising the first sentence of subparagraph "A" to read as follows:
"A. Any person desiring to hold a public display of fireworks within the
city shall submit an application for permit to the office of the City's Fire
Chief only between the dates of April 1 and April 30 of each year."
B. Section 5.24.040 "Public display - Permit required" of the Dublin Municipal Code is
amended by revising the last sentence of subparagraph "e." as follows:
"By accepting a permit, permittee agrees to indemnifY and hold the city
harmless from any such damages. "
C. Section 5.24.070 "Safe and Sane Fireworks - Pennit Procedure" of the Dublin Municipal
Code is amended by revising subparagraph "A" to read as follows:
"A. Any non-profit organization desiring to sell or to offer for sale safe and
sane fireworks shall first make a written ampliation to the Fire Chieffor a
permit to sell fireworks at a fireworks stand. "
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SECTION 4. Posting and Effective Date
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State
of California.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this 19th day of
January, 1999, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor
ATTEST:
City Clerk
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K: /G/cc-mtgs/1-19-99/ord-fireworks
J:\\\'PD\MNRSW\114\Ol \ORD\1999\FIREWRKS.Y2K AUL:Jja
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Sections:
5.24.010
5.24.020
5.24.030
5.24.040
5.24.050
5.24.060
5.24.070
5.24.080
5.24.090
.
5.24.100
5.24.110
5.24.120
5.24.130
5.24.140
5.24.150
Chapter 5.24
FIREWORKS *
Definitions.
Prohibitions.
Exceptions.
Public display-Permit
required.
Number of permits
limited.
Permit-Prerequisites
for issuance.
Safe and sane
fIreworks-Permit
procedure.
Operation of stand-
Permittee only.
Fireworks stands-
Requirements.
General requirements
for permittees.
Temporary sales tax
permit required.
Permit display required.
Seizure of fireworks.
Supplement to state
statutes.
Violation-Penalty.
* Prior ordinance history: Alameda County Otd. 76--34.
5.24.010 Definitions.
For the purpose of this chapter, the words
and phrases "fIreworks" and "safe and sane
fIreworks" shall have the respective mean-
ings ascribed to them in Sections 12500 et
seq. of the Health and Safety Code of the
state of California (Ord. 10 S 1, 1982)
.
5.24.020 Prohibitions.
A. The manufacture of fIreworks is pro-
~ _t ?
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5.24.010
hibited within the jurisdiction.
E. No person shall possess, sell, deliver,
deal in, use, explode or fIre, or cause to be
used, exploded or fIred, any form of fIre-
works designated as "dangerous fIreworks"
by Section 12505 of the Health and Safety
Code of the state of California.
C. The possession, sale, delivery, deal-
ing in, use, exploding or firing of any form
of fireworks designated as "safe and sane
fireworks" by Section 12529 of the Health
and Safety Code of the state of California
is expressly permitted, except as limited by
this chapter. (Ord. 10 S 2, 1982)
5.24.030 Exceptions.
Nothing in this chapter shall be construed
as prohibiting the use of torpedoes, flares,
or fuses by railroads or other transportation
agencies for signal purposes of illumination;
or the sale or use of blank cartridges for
ceremonial purposes, athletic, or sports
events or military ceremonials or demon-
strations; or the sale, discharge or display of
fIreworks by permittees having a permit as
hereinafter provided; or the use and display
of fIreworks of whatever nature by any
person engaged in the production of motion
pictures, theatricals, or operas when such
use and display is a necessary part of such
production; or the transportation of fire-
works through the city in regular course,
and in original packages or containers from
any point outside of the city to any other
point outside the city. (Ord. 10 S 3, 1982)
5.24.040 Public display-Permit
required.
A. Any person desiring to hold a public
display of fireworks within the city shall
submit an application for permit to the
office of the Fire Chief of the Dougherty
141
CD\1blin 4-96)
ATTACHMENT 2
5.24.040
Regional Fire Authority only between the
dates of April 1 st and April 30th of each
year. In the event a permit is granted, sale,
possession, use and distribution of fIreworks
for such display shall be lawful for that
purpose only. No permit granted hereunder
shall be transferable.
B. The Fire Chief shall have power to
adopt reasonable rules and regulations for
granting of permits for supervised public
displays of fIreworks by a jurisdiction, fair
association, amusement park or other orga-
nization for the use of fIreworks by artisans
in pursuit of their trade. Every such use or
display shall be handled by a competent
operator approved by the Fire Chief and
shall be of such character and so located,
discharged or fIred as in the opinion of the
Fire Chief shall not be hazardous to persons
or property.
C. The permittee shall furnish a bond or
certificate of insurance in an amount
deemed adequate by the Fire Chief for the
payment of all damages which may be
caused to a person or persons or to any
property by reason of the permitted display
and arising from any acts of the permittee,
his agents, employees or subcontractors. By
accepting a permit, permittee agrees to
indemnify and hold both the city and the
Dougherty Regional Frre Authority harmless
from any such damages.
D. All frreworks that remain unfrred
after the display is concluded shall be im-
mediately disposed of in an approved man-
ner for the particular type of frreworks
remaining. (Ord. 2-89 ~ l(a); Ord. 10 ~ 4,
1982)
y'~ J
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safe and sane frreworks which may be is-
sued pursuant to this chapter during anyone
calendar year shall not exceed one (1) per-
mit for each three thousand (3,000) resi-
dents of the city, based on the most recent
population figure developed by the city
Community Development Director. If the
number of applications received up to and
including the last day for making applica-
tions pursuant to this chapter exceeds the
number of permits to be issued for the city,
the Fire Chief shall immediately thereafter
supervise an impartial drawing to determine
an order of priority for each application.
(Ord. 5-96 ~ 1 (part); Ord. 10 ~ 5, 1982)
5.24.060 Permit-Prerequisites for
issuance.
A. No permit to sell safe and sane fIre-
works shall be issued to any person except
nonprofIt organizations or corporations
which have obtained tax exempt status from
the State Franchise Tax Board under Sec-
tion 23701 (b), (d), (f), (g), or (1) of the
Revenue and Taxation Code.
B. Each such organization must have its
principal and permanent meeting place in
the city limits and must maintain a bona
fIde membership of at least twenty (20)
members, and must have been organized
and established within the city for a
.
5.24.050 Number of permits
limited.
The maximum number of permits to sell .
am~D~%) 142
.
minimum of one year continually preceding
the filing of the application for the permit.
(Ord. 10 S 6, 1982)
.
5.24.070 Safe and sane fireworks-
Permit procedure.. .
A. Any nonprofit organization desiring
to sell or to offer for sale safe and sane fire-
works shall first make a written application
to the Fire Chief of the Dougherty Regional
Fire Authority for a permit to sell fireworks
at a fireworks stand.
B. Every application for a permit shall
be accompanied by a fee in the amount of
one hundred fifty dollars ($150) to cover
reasonable costs of investigation and admin-
istration. If the application is denied for any
reason, one half of said fee shall be refund-
ed.
C. The application shall state the name of
the applicant, the address of the organiza-
tion, and its principal or permanent meeting
place. The application shall be accompanied
by a letter or ce~ificate from the State Fran-
chise Tax Board which will show that the
applicant is exempt from the payment of the
Bank and Corporation Tax by Section
23701 (b), (d), (t), (gY, or (1) of the State
Revenue and Taxation Code.
D. The application shall state the date
and time on which it is proposed that fire-
works be sold, which in no event shall be
for any period of time not within twelve
p.m. (12:00 p.m.) on June 28th to twelve
p.m. (12:00 p.m.) on July 5th of each year;
however no fireworks shall be sold after ten
p.m. (10:00 p.m.) or before eight a.m. (8:00
a.m.) during this period.
E. The application shall set forth the
proposed location of the fireworks stand,
including a map or plot plan of the lot or
premises on which the stand is to be located
.
5 ~.~ 7
5.24.060
depicting the stand and other structures on
the premises. Any such stand must be locat-
ed on private property located within com-
mercially zoned districts, and must other-
wise conform to zoning and other applicable
laws and regulations. The written permis-
sion of the owner of record or lessees must
also accompany the application.
F. Fireworks stands shall be located only
in an area bearing a commercial zoning
designation.
G. Each applicant shall post a deposit in
the amount of two hundred dollars ($200)
for the purposes set forth herein. If the
requirements of subsection E of this section
are met by the dates and times set forth
therein, the deposit shall be returned on or
before July 15th. If the requirements of
subsection E of this section are not met by
the times and dates set forth therein, the
Fire Chief shall order the cleanup and/or
removal of the stand and the deposit will be
forfeited in full.
H. Two or more nonprofit organiza-
tions meeting the requirements of Section
5.24.060 may jointly apply for a permit to
sell fireworks at a fireworks stand. The
application shall conform to all of the pro~i-
sions of this section. (Ord. 4-97 9 1; Ord.
2-89 S 1 (b); Ord. 2-88 S 1; Ord. 10 9 7,
1982)
5.24.080 Operation of stand-
Permittee only.
A. No person other than the permittee
shall operate the stand for which the permit
is issued or share or otherwise participate in
the profits of the operation of such stand.
B. No person other than the individuals
who are members of the permittee organiza-
tion, or the parents, wives or husbands or
adult children of such members, shall sell
143
(Dublin 12.97)
5.24.080
or otherwise participate in the sale of fire-
works at such stand.
C. Notwithstanding the foregoing, a
pennittee I?ay receive assistance in operat-
ing the stand from, and share the profits of
the operation of the stand with, any non-
profit organization which meets the require-
ments of Section 5.24.060, provided that
advance written notice is given to the Fire
Chief no later than June 27. (Ord. 4-97 S 2;
Ord. 10 S 8, 1982)
5.24.090 Fireworks stands-
Requirements.
All retail sales of safe and sane fireworks
shall be permitted only from within a tem-
porary fireworks stand and sales from any
other building or structure is prohibited.
Temporary stands shall be subject to the
following provisions:
A. No fireworks stand shall be located
within twenty-five (25) feet of any other
building nor within one hundred (100) feet
of a gasoline pump;
B. Each stand in excess of twenty-four
(24) feet in length must have at least two
(2) exits; and each stand in excess of forty
(40) feet in length must have at least three
(3) exits spaced approximately equidistant
apart; providing, however, that in no case
shall the distance between exits exceed
twenty-four (24) feet;
C. Permittee shall provide each stand
with two (2) two and one-half (21/2) gallon
fire extinguishers suitable for class A fires,
in good working order and easily accessible
for use in case of fire and approved as to
type by the Fire Chief and conforming to
the provisions of this code. (Ord. 10 S 9,
1982)
(Dublia 12-97)
6 -~-:-
7
.
5.24.100 General requirements for
pennittees.
A. All weeds and combustible material
shall be cleared from the location of the
stand including a distance of at least twenty
(20) feet surrounding the stand.
B. "No smoking" signs shall be promi-
nently displayed on the fireworks stand.
C. The sale of fireworks shall not be
made to any person under the age of eigh-
teen (18) nor begin before twelve p.m.
(12:00 p.m.) on the 28th of June and not to
continue after the fifth day of July.
D. An information brochure concerning
instructions as to the use of safe and sane
fireworks and the hazards attendant with
their use by minors shall be furnished each
purchaser by the permittee. No fireworks, or
other explosives of any nature, shall be
discharged upon the premises or lot upon
which a fireworks stand is located.
E. All unsold stock and accompanying
litter shall be removed from the location of
the stand by five p.m. (5:00 p.m.) on the
fifth day of July, and the fireworks stand
shall be removed from the location no later
than five p.m. (5:00 p.m.) on the eighth day
of July. (Ord. 2-89 S 1 (c); Ord. 12 S 1,
1982; Ord. 10 ~ 10, 1982)
.
5.24.110 Temporary sales tax
pennit required.
Organizations licensed for the selling of
fireworks are required to obtain a temporary
sales tax permit from the Regional Office of
the State Board of Equalization. (Ord. 1 0 ~
11, 1982)
5.24.120 Permit display required.
The permit to sell fireworks and tempo-
rary sales tax permit shall be display in a
prominent place in the fireworks stand.
(Ord. 10 ~ 12, 1982)
.
144
.
5.24.130 Seizure of fireworks.
The Fire Chiefshall have the authority
to seize, take, remove, or cause to be
removed at the expense of the owner, all
stocks of fireworks offered or exposed for
sale, stored, or held in violation of this
chapter. (Ord. 10 9 14, 1982)
5.24.140 Supplement to state
statutes.
The provisions of this chapter shall
supplement and be construed in har-
mony with the State Fireworks Law (Part
2, Division II of the Health and Safety
.
.
145
, ".-)
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5.24.130
Code of the state of California) and other
applicable provisions of the laws of the
state ofCaIifornia. (Ord. 10 9 13, 1982)
5.24.150 Violation-Penalty.
Persons violating this chapter shall be
deemed guilty of a misdemeanor, and
upon conviction, shall be punished by a
fine not to exceed five hundred dollars
($500) or by imprisonment in the county
jail for a period not exceeding thirty (30)
days, or both such fine and imprison-
ment. (Ord. 10 S IS, 1982)
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OFFICE DEPOT
PAGE 82
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'January 16. 1999
'Oubfui .city council
Dubli~ California. 94568
Members of ,the Dublin City Council:
1 am adaJjlaIIIly 0(lll09"'! to allowing the we and use of fueworks for the 2000 New Year
and requeSt _you stop ~ the Idea; Further.l would like you to start the process
'for eliminaUngthe sale and Use of fireworks In July.
My reasons for opposing the sale and use of fireworks are as follows:
I. The rueworlcs represent a fire ha7JIl'll. While the types of (ireworks being sold in .
Dublin are described as being "safe and 1llUle". these nooet\ldeSS repno.sent igoitiOll
points fa- gtllSs and house Ores. There is nolhing safe and - about flames and
!;l"patts in the ,bands of children. immature adults 3nd idiots. The 'profit to local '
organizati~ would not compensate for the pain and suffedng tbat would result from a
single serious fIre.
2. ,!~ Oreworks cause noise. smoke and street hazards. The noise and' smoke' are" '
tm~ts from ~k throUgh late at night and motorists must exercise eXtreme caution to
'aV'01d f:rreworks Ignited (tn, the streets.
3. ~t owne~ spend many dollars for tranquilizers and to repair damage cause(lb .
. ordfogbtene<l polS. For twenty years, I have bad been Ittheml to wr houseOll July 4th" n
. er to coml ort out pets. I
The, money raised by local . ti Ii th ' '
commwiity fi th "alorgamm ons f?ID e firewo~ sales cannot compensate the
or e potent! CQSt and suffenng from frre' ll1CO' . . .
fromh::::::. air polIutio'! and loss of the use of the stn:c:b. iIl~:;:::t'by~e community
Delg .. . and pets subje<:led. IoUllllOCeSSillY sulfertng. · . UIlIIIlllure
Anolher poinl is that the we and use of Ii "" . -. .. . .
surrounding communities. There ~or tn I?ublin IS a divisive issue with
the valley to wort to the. are mmo IlllJlOl1aDllSS- tbat require.u.e
. effort evety year del~~ ~::' and oUler Dublin leaders wasting a:::es in
For9I~ tWenty yecnthat I have lived:i Dubl' '" '
has Increased It is time to stop the sa}n d Ill, my untation toward this stupid praeti
2llOO New.Year sales andini1iale e an uoe of fuewod,s. I ask that on 0 ce
use oflirew<rts in Dublin an effort leading to the elunination of J'r~ ~ .
. S~~
Ho~d H. Hirano
7555~Amarillo Road
DublIn. California, 94568
01/17/1999 17:48
5108031865
UI- I- 1l":1:. UI:.t-'U I
Fax cover Sheet'
OATE: January 17, 1999
(925)833..6651
TO:,
Dublin City, Council F ,.,X:
F AO": 'Howard Hirano
7555 Amarillo Road
Dublin, California, 94568
. HE: Objection ti! Firework Sales and Use \n Dublin
City council Discussion January 19. 1999
, Number of, pages inclu'di09 cover sheet: 2
1""~1.:lt:. tn
C C CL>~'
Message:
~~eSCaser'lb:Od~Sidther my objections to tile sale and use of fireworks in Dublin.
, 1;> In e attached letter.