HomeMy WebLinkAbout6.3 Amend Ord Sale and Use of Fireworks CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 27, 1989
SUBJECT Ordinance Amending Ordinance No. 10-82
Regulating the-Sale and Use of Fireworks
(Prepared by Harold Ritter , Fire Chief)
EXHIBITS ATTACHED Draft Ordinance; Ordinance No. 10-82
RECOMMENDATION Open Public Hearing; Hear Staff
Presentation; Hear Public Comment; Close
Public Hearing and Deliberate; Waive
Reading and Adopt Ordinance Amending
Ordinance No. 10-82.
FINANCIAL STATEMENT - No financial impact on City. All monies
. collected by Fire Authority are used to
pay for costs of Fireworks Booth
Regulation and Enforcement.
DESCRIPTION On July 1, 1988, the Dougherty Regional
Fire Authority became operational, replacing the Dublin San Ramon
Services District Fire Department. Ordinance 10-82, which allows
for the sale of fireworks in the City of Dublin, currently refers
to the Fire Chief of the Dublin San Ramon Services District on
three separate occasions. The proposed amendments to Sections 4
and 7 , will change this to refer to the Dougherty Regional Fire
Authority.
A modification of the permit fee is also being requested by Fire
Authority Staff in order to pay for costs of providing inspection
of booths, administration, and enforcement of the ordinance. It
is estimated, by Staff, that at least four (41 hours, per booth,
is required each year. No modification to the permit fee has
been made since 1982 . Staff recommends an increase from $100. 00
per booth to $150 per booth.
During the 1988 fireworks sales season, the Fire Authority
received numerous complaints regarding fireworks booths. These
complaints fell into two distinct areas, hours of operation and
cleanup and removal of booths.
There are currently no restrictions on the hours of operation of
fireworks booths. Fire Staff is recommending that hours of
operations be established in the Ordinance by modifying Section
7 (d) to set the hours from 8: 00 a.m. to 10: 00 p.m.
By far the largest number of complaints were associated with the
condition of the fireworks booths after July 5. Some booth
operators did a very poor job cleaning up and removing booths
after the sales period was over. One booth in particular fell
down, creating quite a safety hazard and eyesore. It took two to
three days to force the group to cleanup the site. Staff' s
recommendations will allow the Fire Authority the ability to
ensure •a timely, cleanup should this situation occur•-againr - -The
addition of Section 7 (h) requiring a cleanup deposit, would give
Staff the ability to pay for cleanup if the vendor fails to
comply with the requirements of the Ordinance.
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COPIES TO:
ITEM NO.
It is also recommended that Section 10(e) be amended to ensure
booths are cleaned up and removed in a timely manner. Staff
feels the current Ordinance allows the empty, unattended booths
to remain in a cluttered condition and on site much longer than
is really necessary. Staffs recommendations would require booth
areas to be cleaned up immediately following the sales period and
give the vendors until July 8th at 5 : 00 p.m. , to remove the
booth.
This Ordinance was introduced at the February 13, 1989 City
Council meeting.
Staff recommends that the City Council conduct a public hearing,
deliberate, waive the reading and adopt the Ordinance.
CITY OF DUBLIN.
Ordinance No. -89
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING ORDINANCE NO. 10-82
REGULATING THE SALE AND USE OF FIREWORKS
The City Council of the City- of Dublin does ordain as follows:
Section 1. Amendments.
Sections 4, 7, and 10 of Ordinance No. 10-82 are amended as
follows:
a) Section 4 is amended by changing the words "Fire Chief
of the Dublin San Ramon Services District" to "Fire Chief
of the Dougherty Regional Fire: Authority. "
b) Section 7 (a) is amended by changing the words "Fire Chief
of the Dublin San Ramon Services District" to Fire Chief
of the Dougherty Regional Fire Authority. "
Section 7 (b) is amended by replacing 11$100. 00" with
"$150 . 00" .
Section 7 (d) is amended 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 any period of time not within 12 : 00 noon on June 28th to
12 : 00 noon on July 5th of each year, however, no firework
shall be sold after 10: 00 p.m. or before 8 : 00 a.m. during this
period. "
Section 7 is amended by adding the following subparagraph
(h) , to read as follows:
"Each applicant shall post a deposit in the amount of
$200. 00 for the purposes set forth herein. If the
requirements of Section 10, subparagraph (e) are met by
the dates and times set forth therein, the deposit shall
be returned on or before July 15. If the requirements
of Section 10, subparagraph (3) are not met by the times
and dates set forth therein, the Fire Chief shall order
the clean-up and/or removal of the stand and the deposit
will be forfeited in full. "
C) Section 10 (e) is amended as follows:
All unsold stock and accompanying litter shall be removed
from the location of the stand by 5:00 p.m. on the 5th
day of July, and the stand shall- -be removed from the
location no later than 5:00 p.m. on the 8th day of July.
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 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 AND ADOPTED by the City Council of the City of Dublin
on this day of , 1989 by the following vote:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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ORDINANCE NO. 10.
All ORDINANCE OF THE CITY OF DUBLIN
REGULATING THE SALE AND USE
OF FIREWORKS
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
Section 1 . DEFINITIONS .
For the purpose of this article, the works,
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.
Section 2. PROHIBITIONS.
(a) The manufacture of fireworks is prohibited
within the jurisdiction.
(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 article.
Section 3 . EXCEPTIONS
Nothing in this article 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, dis-
charge 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 of the City to any other point outside the
City.
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Section 4 . PbBLIC DISPLAY OF FIREWORKS - PERMIT REQUIRED
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 Dublin
San Ramon Services District only between the dates of April
1 and April 30 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.
Said 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 associ-
ation, amusement park or other organziation 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.
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 Dublin San Ramon Services District harmless from any
such damages .
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 .
Section 5. LIMITATION ON NUMBER OF PERMITS
The maximum number of permits to sell safe
and sane fireworks which may be issued pursuant to this
Article during any one calendar year shall not exceed one
permit for each 3, 000 residents of the City, based on the
most recent population figure developed by the City Planning
Director. If the number of applications received up to
and including the last day for making applications pursuant
to this Ordinance 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.
Section 6 . PREREQUISITES FOR ISSUANCE OF PERb1IT.
(a) No - permit to sell safe and sane fireworks
shall be issued to any -person except nonprofit organizations
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or corporations which have- obtained tax exempt status from
the State Franchise Tax Board under section 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 20
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.
Section 7 . PERMITS TO SELL SAFE AND SANE FIREWORKS .
(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 of the
Dublin San Ramon Services District 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 $100 .00 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. The application
shall be accompanied by a letter or certificate from the
State Franchise Tax Board which will show that the applicant
is exempt from the payment of the Bank and Corporation
Tax by Section 23701 , (b) , (d) , (f) , (g) , or (1) of the
State Revenue and Taxation Code.
(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 any period of time not within
12 :00 noon on June 28th to 12 :00 noon on July 5th of each
year,
(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 other-
wise 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.
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Section 8 . OPERATION OF THE STAND.
(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.
Section 9 . - 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
hereby prohibited. Temporary stands shall be subject to
the following provisions:
(a) No fireworks stand shall be located within
25 feet of any other building nor within 100 feet of a
gasoline pump.
(b) Each stand in excess of 24 feet in length
must have at least two exits; and each stand in excess
of 40 feet in length must have at least three exits spaced
approximately equidistance apart, providing, however, that
in no case shall the distance between exits exceed 24 feet.
(c) Petmittee .shall -provide each stand
with two, two and one-half 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.
Section 10 . 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 20 feet surrounding the stand.
(b) "No Smoking" signs shall be prominently
displayed on the fireworks stand.
(c) The sale of fireworks shall not be made
to minors under the age of sixteen (16) nor begin before
12 o ' clock. noon on the 28th of June and not continue after
the 5th day of July.
(d) An information brochure concerning instructions
as to the use of safe- and- sane fireworks and, the--hazaras
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attendant with their use by minors shall be furnished each
purchaser by the permitee. 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 5 :00 o'clock p .m.
on the 7th day of July, and the fireworks stand shall be
removed from the location no later than the 10th day of July.
Section 11. 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.
Section 12 . DISPLAY OF PERMITS
The permit to sell fireworks and temporary sales
tax permit shall be display in a prominent place in the
fireworks stand.
Section 13 . PROVISIONS TO SUPPLE'r[E- NT STATE FIR.E�•?ORKS
LAW.
The provisions of this Article 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.
Section 14. SEIZURE OF FIREWORIKS
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 article.
Section 15 . VIOLATION OF THIS ORDINANCE
Persons violating this ordinance shall be deemed
guilty of a misdemeanor , and upon conviction, shall be
punished by a fine not to exceed $500 .00 or by imprison-
ment in the county jail for a period not exceeding 30 days ,
or both such fine and imprisonment .
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Section 16. SUPERSESSION OF COUNTY ORDINANCE
It is the intention of the City Council of the
City of Dublin that this ordinance shall supersede the
effectiveness of Ordinance No. 76-34 of the County of
Alameda relating to fireworks, as adopted by the City
Council by Ordinance No . .1 of the City of Dublin.
PASSED AND ADOPTED by the City Council of the
City of Dublin on this 29th day of March
19821 by the following votes -
AYES : Councilmembers Burton, Hegarty and Moffatt.
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ABSENT : None
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Mayor
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Cit C er
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