HomeMy WebLinkAboutItem 6.1 AmendMuniCd 5.24 (2)
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CITY CLERK
File # D~[5J[Q]-~fQ]
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 4,1997
SUBJECT:
PUBLIC HEARlNG - Proposed Amendment to Chapter 5.24
of the Dublin Mtmicipal Code relating to Fireworks Permits
(Report Prepared by Elizabeth H Silver, City Attorney)
EXIllBITS ATTACHED:
1)
Chapter 5.24 of the Dublin Mtmicipal Code (Fireworks
Ordinance)
Proposed Ordinance Amending Chapter 5.24
2)
RECOMMENDATION: ~
1 ) Open Public Hearing
2) Receive Staff Presentation & Public Testimony
3) Close Public Hearing & Deliberate
4) Waive reading and Introduce Ordinance
FINANCIAL STATEMENT:
None
DESCRIPTION: At the City Council meeting of January 21, 1997, the Council
"_ directed Staff to prepare an amendment to Chapter 5.24 of the Dublin Mtmicipal Code, the Fireworks
";:. Ordinance.
A proposed ordinance amending Chapter 5.24 has been prepared (Exhibit 2). It would make three
changes to the Fireworks Ordinance:
1. Section 5.24.070 would be amended to delete subparagraph G which is no longer necessary.
2. A new subparagraph H would be added to Section 5.24.070 to authorize two or more nonprofit
organizations to jointly apply for a permit to sell fireworks. Each organization would have to meet the
requirements of Section 5.24.060. The application would need to contain all the same information as if it
were made by one organization.
3. A new subparagraph C would be added to Section 5.24.080 to allow an organization which has
been awarded a permit to share the operation of the stand and the profits with another qualified
organization if the permittee organization so desires. Notification to the Fire Chief would be required.
Staff recommends that the Council conduct a public hearing and waive the reading and INTRODUCE the
proposed ordinance.
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COPIES TO:
ITEM NO.
6.1
KZ /gl24-97/asfirewk.doc
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Froll: Elizabeth H. Silver"
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Page 2 of 5
ORDINANCE NO. - 97
AN ORDINANCE OF THE CIlY OF DUBLIN
***************
AN ORDINANCE AMENDING CHAPTER 5.24
OF THE DUBLIN MUNICIPAL CODE
RELATING TO FIREWORKS PERMITS
THE CITY COUNCIL Of THE CITY Of DUBLIN DOES ORDAIN AS
FOLLOWS:
SECTION I. Section 5.24.070 of the Dublin Municipal Code is amended as
follO\'\'s:
a. Delete Subdivision G.
b. Renumber Subdivision "H" as "G."
c. Add a ne"..' Subdivision H, to read as follows;
"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 eonform to all of the provisions of this section."
SECTION 2. Section 5.25.080 of the Dublin Municipal Code is amended as
follows:
a. Add a new Subdivision C, to read as follows:
"C. Notwlth~tanciing the: fore:going, a pf':rrniUe:e: may re:r.e:ive:
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
the Fire Chief no later than Tune 27."
EXHIBIT 1
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trom: t!lZabeth H. ~i!ver
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SECTION 3. TIus Ordinance shall Lake effecl amI be in force Lhirly (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
on this _ day of , 1997, by vote as follows:
AYDS:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
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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 Ord. 76-34.
5.24.010 DefinitioDS.
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 I, 1982)
.
5.24.020 ProhibitioDS.
A. The manufacture of fIreworks is pro-
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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, dea1- .
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 tOIpedoes, 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 2
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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 Frre Authority harmless
from any such damages.
D. All fIreworks that remain unfrred
after the display is concluded shall be im-
mediately disposed of in an approved man-
ner for the particular type of fIreworks
remaining. (Ord. 2-89 S l(a); Ord. 10 S 4,
1982)
.
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 S 1 (pan); 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
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5.24.050 Number of permits
limited.
The maximum number of permits to sell .
(Dublia 4-96) 142
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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 otTer 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 (I) 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 fonh the
proposed location of the fireworks stand,
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143
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 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. (Ord. 2-89 S 1 (b); Ord. 2-88 S 1; Ord.
10 S 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
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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 ~ 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 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 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-ha1f(21j2) 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 ~ 9, 1982)
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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.
e. 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 of June 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 liner 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 fireworks
stand shall be removed from the location
no later than five p.m. (5:00 p.m.) on the
eighth day ofJuly. (Ord. 2-89 ~ 1 (c); Ord.
12 ~ 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)
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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
.
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5.24.130
Code of the state of California) and other
applicable provisions of the laws of the
state of California. (Ord. 10 S 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 15, 1982)