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HomeMy WebLinkAboutItem 6.1 AmendMuniCode5.24 (2) v CITY CLERK File # D~[l1]-~[lj -. AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 181997 SUBJECT: PUBLIC HEARING - Amendment to Chapter 5.24 of the Dublin Municipal Code relating to Fireworks Permits (Report Prepared by Elizabeth H Silver, City Attorney) EXHIBITS ATTACHED: 1) Chapter 5.24 of the Dublin Municipal Code (Fireworks Ordinance) rl Proposed Ordinance Amending Chapter 5.24 "'L ,. ,,~ RECOMMENDATION: \ 'v' 1) Open Public Hearing 2) Receive Staff Presentation & Public Testimony 3) Close Public Hearing & Deliberate 4) Waive reading and Adopt Ordinance FINA-.NCIAL STATEMENT: None DESCRIPTION: At the City Council meeting of February 4,1997, the Council introduced an Ordinance amending the Fireworks Ordinance, Chapter 5.24 of the Dublin Municipal Code. /. The proposed amendment to Chapter 5.24 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, waive the reading and ADOPT the Ordinance. :. -------------~-~~~--------~----------~-------~------------~----~--- COPIES TO: ITEM NO. 6.1 Kl/g/2~ 18-97 /asfirewk.doc .~,--:;".;;._--.- ft' - ,. -. Chapter 5.24 Fffi.E'WORKS* 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 i . 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-Penal!}'. .. Prior oniin.ance hi.;tol)'; Alameda CoUDty 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 SectiODS 12500 et seq. of the Health and Safety Code of the state of California.. (Ord. 10 S 1, 1982) :. 5.24.020 Prohibitions. A. Tne manufa::ture of fireworks is pro- / 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 pennitted, 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 flreworks by permittees baving 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 Frre Chief of the Dougherty 141 (DubliD 4-96) EXHIBIT 1 ~~~t.'. 5.24.040 Regional FIre Authority onJy 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 pennits 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 bandled 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 Frre 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 bold 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. 2-8~,g l(a); Ord. 10 9 4, 1982) 5.24.050 Number of permits limited. The maximum number of permits to sell n tr (Dubw, 4-96) 142 :e'. safe and sane fIreworks which may be is=- sued pun>uant to this chapter during anyone calendar year shall not exceed one (1) per- roit 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 9 1 (part); Drd. 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), (t), (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 memben;hip of at least twenty (20) members, and must have been organized and established within the city for a :......-:- \.:....;.-:- . ':.. .': . .:." .. . e..--.., - . -, . '.: .. - .. ~<'- Jt'- {" -. . . n,," ""_.:;;......'. .~_ ~ _ '3 minimum of one year continually pre- ceding the filing of the application for the permiL (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 wri tten application to the Fire Chief of the Dougherty Regional Fire Authority for a permit to sell fireworks at a fireworks . stand. B. Every application fora permit shall be accompanied by a fee in the amount of one hundered fifty dollcm ($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 lener 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 2370 I (b), (d), (D, (g), or (1) of the State Revenue and Taxation Code. D. Tne application shall s12.te 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. Tne application shall set fonh 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 proIr erty located within commercially zoned districts, and must otherwise conform to zoning and other applicable laws and reg- ulations. The wrinen permission of the owner of record or lessees must also accompany the application. F. Frreworks 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 perminee 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 dollan ($200) for the purposes set forth herein. If the requirements of subsection E of this section are met by the dates and times set fonh 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 1t. .., .,) 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 organi7ation, or the parents, wives or husbands or adult children of such mem- bers, shall sell or otherwise panicipate in the sale of fireworks at such stand. (Ord. 10 S 8, 1982) 5.24.090 Fireworks stands- Req uirements. All retail sales of safe and sane fire- works shall be permitted only [rom 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 \\;!hin twenty-five (25) feet of any other building nor within one hundred (100) feet of a gasoline pump; E. 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 apan; 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(21p.) 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. E. UNo 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 aUen- 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 fireworks stand shall be removed from the location no later than five p.m. (5:00 p.m.) on the eighth day ofJuly. (Ord.1-89 S 1 (c); Ord. 12 S 1, 1982; Ord. 10 S 10, 1982) 5.24.11 0 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 Perinit display required. The permit 10 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 'Fr- y . .", --. . . 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, sIOred, 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 II of the Health and Safety 5 145 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.:!4.150 Violation-PenaJ~'. 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 thiny (30) days, or both such fine and imprison- ment. (Ord. 10 9 15, 1982) ORDINANCE NO. - 97 * * * * * * * * * .e. : -'. AN ORDINANCE OF THE CITY OF DUBLIN AN ORDINANCE AMENDING CHAPTER 5.24 OF THE DUBLIN MUNICIPAL CODE RELATING TO FlREWORKS PERMITS THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: SECTION 1. Section 5.24.070 of the Dublin Municipal Code is amended as follows: a. Delete Subdivision G. b. Renumber Subdivision "H" as "G". c. Add a new 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 pennit to sell fireworks at a fireworks stand. The application shall conform to all ofthe provisions ofthis 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. Notwithstanding the foregoing, a pennittee 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 the Fire Chief no later than June 27." .-e SECTION 3. 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 Goverrunent Code of the State of California. PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this 18th day of February, by the following vote: AYES: NOES: ABSENT: ABST AlN: Mayor -. ATTEST: City Clerk , K1 IGI2~ 18-97Iord-frwk.doc ?