HomeMy WebLinkAboutItem 6.1 Fireworks Ordinance
STAFF REPORT CITY CLERK
File #650-60
CITY COUNCIL
DATE:October 16, 2012
TO:
Honorable Mayor and City Councilmembers
FROM:
Joni Pattillo, City Manager
SUBJECT:
Introduction of additional language to Section 5.24.060 of the Fireworks
Ordinance.
Prepared by Bonnie S. Terra, Division Chief/Fire Marshal
EXECUTIVE SUMMARY:
As directed by the Dublin City Council at the September 18, 2012 City Council meeting, Staff
has prepared the requested changes adding Subsection D to Section 5.24.060 to the existing
City of Dublin Fireworks Ordinance.
FINANCIAL IMPACT:
No financial impact.
RECOMMENDATION:
Staff recommends that the City Council conduct the public hearing, deliberate, waive the
reading and introduce an Ordinance Amending Chapter 5.24 of the Dublin Municipal Code in
Relation to the Fireworks Ordinance.
Submitted By Reviewed By
Fire Marshal Assistant City Manager
DESCRIPTION:
At the September 18, 2012 City Council meeting, the City Council directed Staff to return with
the following change to the Dublin Municipal Code Fireworks Ordinance.
The addition of Sub Section 5.24.060 D of the Dublin Municipal Code shall read as follows:
D. Each such organization must serve, in whole or in part, the Dublin community and its
residents and must pledge to reinvest a portion of the proceeds from its sale of fireworks for the
benefit of the Dublin Community and its residents.
ITEM NO. 6.1
Page 1 of 2
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a public notice was published in the Valley Times and posted at
several locations throughout the City. The Staff Report and attachments were made available
for public review 10 days prior to the public hearing. Staff will also be sending copies of the
agenda to all groups who submitted applications for Fireworks Booths in 2012.
ATTACHMENTS:
1. Amending Chapter 5.24 of the Dublin Municipal Code in Relation to
the Fireworks Ordinance
Page 2 of 2
ORDINANCE NO. XX - 12
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * * * *
AMENDING CHAPTER 5.24 OF THE DUBLIN MUNICIPAL
CODE IN RELATION TO THE FIREWORKS ORDINANCE
WHEREAS,
At the September 18, 2012 City Council Meeting, the City Council
considered potential revisions to the City’s Fireworks Ordinance. The City Council
subsequently directed Staff to revise the ordinance with certain textual changes.
NOW, THEREFORE,
the City Council of the City of Dublin does ordain as follows:
Section 1:
Chapter 5.24 of the Dublin Municipal Code is hereby amended to read as
follows:
Chapter 5.24
FIREWORKS*
Sections:
5.24.010 Definitions.
5.24.020 Prohibitions.
5.24.030 Exceptions.
5.24.040 Public display—Permit required.
5.24.050 Number of Permits limited.
5.24.060 Permit—Prerequisites for issuance.
5.24.070 Safe and sane fireworks—Permit procedure.
5.24.080 Operation of stand—Permittee only.
5.24.090 Fireworks stands—Requirements.
5.24.100 General requirements for permittees.
5.24.110 Temporary sales tax permit required.
5.24.120 Permit display required.
5.24.130 Seizure of fireworks.
5.24.140 Supplement to state statutes.
5.24.150 Violation—Penalty
* Prior ordinance history: Alameda County Ord. 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 meanings ascribed to them in Sections 12500 et seq. of the
Health and Safety Code of the state of California. (Ord. 10 § 1, 1982)
5.24.020 Prohibitions.
A. The manufacture of fireworks is prohibited within the jurisdiction.
ATTACHMENT 1
Page 1 of 6
Ord No. XX-12, Adopted XX/XX/XX, Item X.X
B. No person shall possess, sell, deliver, deal in, use, explode or fire, or cause to be used,
exploded or fired, any form of fireworks designated as “dangerous fireworks” by Section 12505
of the Health and Safety Code of the state of California.
C. The possession, sale, delivery, dealing 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 § 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
demonstrations; 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 fireworks through the city in
regular course, and in original packages or containers from any point outside the city to any
other point outside the city. (ord. 10 § 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 city’s Fire Chief at least 2 months prior to the event. 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 organization 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 the city harmless from any such damages.
D. All fireworks that remain unfired after the display is concluded shall be immediately
disposed of in an approved manner for the particular type of fireworks remaining. (Ord. 2-99 §§
3A, 3B; Ord. 2-89 § 1(a); Ord. 10 § 4, 1982)
5.24.050 Number of Permits Limited.
The maximum number of permits to sell safe and sane fireworks which may be issued pursuant
to this chapter during any one calendar year shall not exceed one (1) permit per each three
thousand (3,000) residents of the City of Dublin. The number of residents shall be based on
population estimate data available from the California Department of Finance at the time of the
random drawing. The most recent estimate of Total City Population will be adjusted by
subtracting the most recent estimate of the Group Quarters population to equal the estimated
ATTACHMENT 1
Page 2 of 6
Ord No. XX-12, Adopted XX/XX/XX, Item X.X
Household Population. If the number of applications received up to and including the last day
for making applications 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 fireworks shall be issued to any person except nonprofit
organizations with an active 501 (c) 3 status or corporations which have obtained tax exempt
status from the State Franchise Tax Board under Section 23701(b), (d), (f), (g), or (l) of the
Revenue and Taxation Code. Only one organization per ID number shall apply. Proof shall be
provided at application.
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) Dublin resident
members, and must have been organized and established within the city for a minimum of one
year continually preceding the filing of the application for the permit. (Ord. 10 § 6, 1982)
C. Each such organization must have an active business license within the City of Dublin at
the time of application.
D. Each such organization must serve, in whole or in part, the Dublin community and its
residents and must pledge to reinvest a portion of the proceeds from its sale of fireworks for the
benefit of the Dublin Community and its residents.
5.24.070 Safe and Sane Fireworks – Permit Procedure.
A. Any nonprofit organization desiring to sell or to offer for sale safe and sane fireworks shall
first make a written application to the Fire Chief 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 administration. If the
application is denied for any reason, one half of said fee shall be refunded.
C. The application shall state the name of the applicant, the address of the organization, and
its principal or permanent meeting place.
D. 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 of time not within twelve p.m. (12:00 p.m.) on June
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28 to twelve p.m. (12:00 p.m.) on July 5 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 these periods.
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 depicting the stand
and other structures on the premises. Any such stand must be located on private property
located within commercially zoned districts, and must otherwise conform to zoning and other
applicable laws and regulations. The written permission 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.
ATTACHMENT 1
Page 3 of 6
Ord No. XX-12, Adopted XX/XX/XX, Item X.X
G. Each applicant shall post in the amount of two hundred dollars ($200) for the purposes
set forth herein. If the requirements of subsection E of Section 5.24.100 are met by the dates
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and times set forth therein, the deposit shall be returned on or before July 15. If the
requirements of subsection E of Section 5.24.100 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. Each applicant shall pay the required amount for the purposes of inspection
services as outlined in the cities current fee schedule.
H. Two or more nonprofit organizations 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 provisions of this section. (Ord. 21-99 §§ 1, 3; Ord. 2-99 §§ 1,3C; Ord. 4-97 § 1; Ord.
2-89 § 1 (b); Ord. 2-88 § 1; Ord. 10 § 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 organization, or
the parents, wives or husbands or adult children of such members, shall sell or otherwise
participate in the sale of fireworks at such stand.
C. Notwithstanding the foregoing, a permittee may receive assistance in operating the stand
from, and share the profits of the operation of the stand with, any nonprofit organization which
meets the requirements of Section 5.24.060; provided, that advance written notice is given to
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the Fire Chief no later than June 27. (Ord. 4-97 § 2; Ord. 10 § 8, 1982)
5.24.090 Fireworks Stands – Requirements.
All retail sales of safe and sane fireworks shall be permitted only from within a temporary
fireworks stand and sales from any other building or structure is 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 one (1) two-and-one-half (2 ½) gallon water fire
extinguisher suitable for class A fires. The extinguishers shall be serviced and tagged by a
licensed State Fire Marshall’s authorized technician within the past year and be 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 § 9, 1982)
5.24.100 General requirements for permittees.
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.
ATTACHMENT 1
Page 4 of 6
Ord No. XX-12, Adopted XX/XX/XX, Item X.X
B. “No smoking” signs shall be prominently displayed on the fireworks stand.
C. The sale of fireworks shall not (1) be made to any person under the age of eighteen (18),
(2) begin before twelve p.m. (12:00 p.m.) on the twenty-eighth day of June of each year nor
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continue after twelve p.m. (12:00 p.m.) on the 5 of July each year.
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.
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E. For any stands permitted to sell fireworks during any period from June 28 through July
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5, 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. 21-99 §§ 2, 3; Ord. 2-
99 § 2; Ord. 2-89 § 1 (c); Ord. 12 § 1, 1982; Ord. 10 § 10, 1982)
5.24.110 Temporary sales tax permit 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. 10 § 11, 1982)
5.24.120 Permit display required.
The permit to sell fireworks and temporary sales tax permit shall be displayed in a prominent
place in the fireworks stand. (Ord. 10 § 12, 1982)
5.24.130 Seizure of fireworks.
The Fire Chief shall 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 § 14, 1982)
5.24.140 Supplement to state statutes.
The provisions of this chapter shall supplement and be construed in harmony with the State
Fireworks Law (Part 2, Division 11 of the Health and Safety Code of the state of California) and
other applicable provisions of the laws of the state of California. (Ord. 10 § 13, 1982)
5.24.150 Violation—Penalty
Persons violating this chapter shall be deemed guilty of an infraction, and, upon conviction, shall
be punished as provided in Section 36900(b) of the Government Code, or its successor statute.
(Ord. 6-02 § 1: Ord. 10 § 15, 1982)
Section 2: Effective Date and Posting of Ordinance
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
final adoption. 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 39633 of the
Government Code of California.
ATTACHMENT 1
Page 5 of 6
Ord No. XX-12, Adopted XX/XX/XX, Item X.X
PASSED, APPROVED, AND ADOPTED
this ____ day of _________, 2012, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST
:
___________________________
City Clerk
ATTACHMENT 1
Page 6 of 6
Ord No. XX-12, Adopted XX/XX/XX, Item X.X