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HomeMy WebLinkAboutItem 8.5 ReviewFireworksOrdPermit (2) t:~. f. '. , CITY CLERK File # D~~-~[D] ....... - . AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 21,1997 SUBJECT: Review of City Fireworks Ordinance Permit Process (Prepared by Richard C. Ambrose, City Manager) EXHIBITS ATTACHED: Exhibit A: Chapter 5.24 of the Dublin Municipal Code (Fireworks Ordinance) Exhibit B: List of Fireworks Permit Applicants ~ Discuss pennit process and provide appropriate direction to Staff. RECOMMENDATION: FINANCIAL STATEMENT: None. DESCRIPTION: At the City Council meeting of November 19, 1996, Councilmember Barnes indicated that she would like Staff to place the Fireworks Ordinance on a future Council agenda for the purpose of discussing whether or not the Fireworks Ordinance should be modified in a manner to :.~. allow the issuance of fireworks permits to youth organizations only. The City's current Fireworks Ordinance has the following prerequisites to apply for a fireworks permit. 1) only non-profit organizations 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; 2) an organization which has its principal and permanent meeting place in the City limits and maintains a bona fided membership of at least 20 members; and 3) the organization must have been organized and established within the City for a minimum of 1 year continually preceding the filing of the application for the permit. In 1996 a total of 15 organizations applied for fireworks permits. The names of these organizations are shown on Exhibit B. (See attached) A total of 8 permits were issued in 1996. The Fireworks Permit Program for 1997 will begin on or about April 1, 1997. If the Council is interested in revising the Ordinance, the first reading of a revised Ordinance would have to occur at the February 4, 1997 City Council meeting in order for the Ordinance to be effective before April 1, 1997. It is Staff's recommendation that the City Council discuss this item and provide Staff with appropriate direction. .:. .-. -: ------------------------co-iiESTO:--------------------------------- ~" ITEM NO. g/cc-m tgs/97 -qtr lIj an-97/1-21-97/fireworks.d oc ..-:".-...'.. - - .....-... -- ..... "... "-"'.. .. -.. -"........- - ~. .'". . ..:- . 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.UO 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 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- I 5.24.010 hibited 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 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 fonn 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 (Dublin 4-96) EXHIBIT A ____...e~...... . ~.__.... ._.... .._.:_.;._- ._. -.---.' -.., .'. . ._. ..._. . 5.24.040 Regional Fire Authority only between the dates of April 1st 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 Fire Authority harmless from any such damages. D. All fIreworks that remain unfIred after the display is concluded shall be im- mediately disposed of in an ~pproved man- ner for the particular type of fIreworks remaining. (Ord. 2-89 S l(a); Ord. 10 S 4, 1982) 5.24.050 Number of permits limited. The maximum number of permits to sell (Dublin 4-96) ~ . safe and sane fIreworks 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 S 1 (part); Ord. 10 S 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 :. . 142 ~"'."'-:"-~:_~'_"':_~.~:_~.~'_'~___-""_.~_'---':__:.-._~.~_''::=-_~:'".:._:_":...;.__~~~~... .' _.. _"...... '.~.,..",..'... - :_.._-._c..-~..~.,. ~'__'. . minimum of one year continually pre- ceding 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 desir- ing to sell or to offer for sale safe and sane fireworks 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 hundered 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 perma- nent 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(l) 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 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, . ~ 5.24.060 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 prop- erty located within commercially zoned districts, and must otherwise conform to zoning and other applicable laws and reg- ulations. 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. G. Any permit issued hereunder dur- ing the calendar year 1988 shall include ( 1) a condition that the permit shall not be valid in the event the City Council repeals Ordinance Nos. 10-82 and 12-82 prior to June 28, 1988; and (2) a state- ment that the permittee shall bear-the risk of loss of any costs incurred in connec- tion therewith. H. 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 sec- tion are not met by the tirnes 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. (Ord. 2-89 S 1 (b); Ord. 2-88 S l; Ord. 10 9 7, 1982) 5.24.080 Operation of stand- Permittee only. A. No person other than the permit- tee shall operate the stand for which the l43 5.24.080 permit is issued or share or otherwise participate in the profits of the operation of such stand. B. No person other than the indi- viduals who are members of the permit- tee organization, or the parents, wives or husbands or adult children of such mem- bers, shall sell or otherwise participate in the sale of fireworks at such stand. (Ord. 10 S 8, 1982) 5.24.090 Fireworks stands- Requirements. All retail sales of safe and sane fire- works 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 oftwenty-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 equidis- tant 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(2Ip) gallon fire extinguishers suitable for class A fires, in good working order and easily accessible (or 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) ~ . 5.24.100 General requirements for permittees. A. All weeds and combustible mate- rial 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 prom- inently displayed on the fireworks stand. C. The sale of fireworks shall not be made to any person under the age of eighteen (18) nor begin before twelve p.m. (12:00 p.m.) on the 28th ofJune and not to continue after the fifth day of July. D. An information brochure con- cerning instructions as to the use of safe and sane fireworks and the hazards atten- dant with their use by minors shall be furnished each purchaser by the permit- tee. 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 accompany- ing litter shall be removed from the loca- tion of the stand by five p.m. (5:00 p.m.) on the fifth day ofJuly, and the frreworks 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 S 10; 1982) 5.24.110 Temporary sales tax permit required. Organizations licensed for the selling of fireworks are required to obtain a tem- porary sales tax permit from the Regional Office of the State Board of Equalization. (Ord. 10 S 11, 1982) 5.24.120 Permit display required. The permit to sell fireworks and tem- porary sales tax permit shall be display in a prominent place in the fireworks stand. (Ord. 10 S 12, 1982) .. . 144 r . 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 S 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 11 of the Health and Safety . . ; 5.24.130 Code of the state of California) and other applicable provisions of the laws of the state of California. (Ord. 10 S l3, 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 imprisonrnent in the county jail for a period not exceeding thirty (30) days, or both such fine and imprison- ment. (Ord. 10 S 15, 1982) 145 f f 1996 Fireworks Permit Applicants Valley Christian Center Attention: Crew Jacobs 10800 Dublin Boulevard Dublin CA 94568 Briarhill Homeowners Association Attention: Steve Chandler 11723 Ladera Drive . Dublin CA 94568 Tri-Valley Minor Hockey Association Attention: James Sappington POBox 2821 Dublin CA 94568 Dublin Rotary Club Attention: Cliff Herbstman 6800 Sierra Lane Dublin CA 94568 Dublin Chamber of Commerce Attention: Nancy Feeley 7080 Donlon Way, Suite 110 Dublin CA 94568 South Valley Youth Football Attention: Rhonda Williams/Bernadette Simmons 10021 EI Dorado Drive San Ramon CA 94583 Wells Band Attention: Erik Bertelson 6800 Penn Drive Dublin CA 94568 John Knox Presbyterian Church Attention: Rev. Scott R. Dickson 7421 Amarillo Road Dublin CA 94568 g/cc-mtgs/97 -qtr1/jan-97/1-21-97/1istfire b Dublin Little League Attention: Margaret Garlock POBox 2037 Dublin CA 94568 Dublin United Soccer Attention: Lydia Justice POBox 2485 Dublin CA 94568 Soroptimist International of Dublin Attention: Lou Lapides POBox 2175 Dublin CA 94568 Dublin Parent/Facility/Student Organization Attention: Annette Vogel 7548 San Saban a Dublin CA 94568 Knights of Columbus #7987 Attention: Richard Smith 10041 EI Dorado Drive San Ramon CA 94583 Dublin Gaels Athletic Boosters Attention: Don Halverson 7701 Cardigan Court Dublin CA 94568 Dublin Irish Guard Band Boosters Attention: Sandra Pastorino 8142 Tamarack Drive Dublin CA 94568 . .. . EXHIBIT B