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HomeMy WebLinkAbout6.2 Amend MuniCode/Fireworks r - ., . CITY CLERK File # D~~[Q]-~[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 5,1999 SUBJECT: ATTACHMENTS: RECOMMENDATIO~ FINANCIAL STATEMENT: . DESCRIPTION: Backe-round: None Public Hearing: Amendment to Municipal Code permitting Fireworks for Year 2000 Report prepared by: Elizabeth Silver, City Attorney 1. Draft Ordinance amending Chapter 5.24 of the Dublin Municipal Code relating to the Sale of Fireworks Chapter 5.24 of the Dublin Municipal Code 2. 1. 2. 3. 4. 5. Receive Staff presentation. Open public hearing. Take testimony from public. Close public hearing and deliberate. Waive reading and introduce draft ordinance. Pursuant to State Law, the Dublin Municipal Code allows the sale of safe and sane fireworks each year from June 28th to July 5th. In anticipation of the celebration of the new millennium, a recently enacted State Law authorizes cities to adopt ordinances to allow the sale of safe and sane fireworks from December 26, 1999 through January 1,2000. Earlier this year, the City Council expressed a desire to modify the City's FireWorks Ordinance, consistent with the new State Law, to permit the sale of fireworks for the new millennium celebration. Analvsis: The attached proposed Ordinance would amend the DMC to allow the sale of safe and sane fireworks from noon on December 26, 1999 to noon on January 1,2000. The proposed Ordinance would require millennium celebration fireworks sellers to follow the same City permit procedures and operating requirements that are currently in effect for annual Independence Day fireworks sellers. Fireworks sellers would also be subject to any additional requirements imposed by the Fire Department related to operation of fireworks booths during the winter. Recommendation: Following the public hearing, Staff recommends that the Council waive the reading, introduce the draft .Ordinance and continue the public hearing to January 19 to adopt the Ordinance. COPIES TO: G:\CC-MTGS\99-qtr1 \.lan\ 1-5-99\Frwrkagn.doc 6~2 ITEM NO. I~! p ORDINANCE NO. - 99 . AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 5.24 OF THE DUBLIN MUNICIPAL CODE RELATING TO THE SALE OF FIREWORKS The City Council of the City of Dublin does ordain as follows: SECTION 1. Section 5.24.070 of DMC "Safe and sane fireworks ~ Permit procedure" Amended Section 5.24.070 "Safe and sane fireworks - Permit procedure" of the Dublin Municipal Code is amended by adding the following new sentence at the end of subparagraph "A.": "Any application to sell fireworks during the period from December 26, 1999 through January 1, 2000 must be received by the Fire Chief on or before October 1, 1999." Section 5.24.070 "Safe and sane fireworks -- Permit procedure" of the Dublin Municipal Code is further amended by revising subparagraph "0" 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 a period of time not within (i) twelve p.m. (12:00 p.m.) on June 28th to twelve p.m. (12:00 p.m.) on July 5th of each year, or (ii) twelve p.m. (12:00 p.m.) on December 26, 1999 to twelve p.m. (12:00 p.m.) on January 1, 2000; 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." SECTION 2. Section 5.24.100 of DMC "General reauirements for permittees" Amended Section 5.24.-100 "General requirements for permittees" of the Dublin Municipal Code is amended by revising subparagraph "C." to read as follows: "The sale of fireworks shall not (i) be made to any person under the age of eighteen (18), (ii) begin before twelve p.m. (12:00 p.m.) on the 28th day of June of each year nor continue after twelve p.m. (12:00 p.m.) on the 5th of July of each year, nor (iii) begin before twelve p.m. (12:00 p.m.) on December 26, 1999 nor continue after twelve p.m. (12:00 p.m.) on January 1,2000." Section 5.24.100 "General requirements for permitees" of the Dublin Municipal Code is amended by revising subparagraph "E" to read as follows: . "For any stands permitted to sell fireworks during any period from June 28th through July 5th, 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 ATTACHMENT 1 )~7 later than five p.m. (5:00 p.m.) on the eighth day of July. For any stands permitted to sell fireworks during the period from December 26, 1999 through January 1, 2000, all unsold stock shall be removed from the location of the stand by five p.m. (5:00 p.m.) on January 1, 2000, and the fireworks stand shall be removed from the location no later than five p.m. (5:00 p.m.) on January 4, 2000." . SECTION 5. PostinQ and Effective Date 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, APPROVED AND ADOPTED by the City Council of the City of Dublin this 5th day of January, 1999, by the following vote: AYES: NOES: ABSTAIN: . ABSENT: Mayor ATTEST:: City Clerk G:\CC-MTGS\99-qtr1 \.lan\ 1-5-99\ord-fireworks.doc . '- . 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 pennits 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 mean- ings ascribed to them in Sections 12500 et seq. of the Health and Safety Code of the state of California (Oid. 10 ~ 1. 1982) . 5.24.020 Prohibitions. A. The manufacture of fIre~orks is pro- :3 ~/? 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 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 militaIy 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 ~ 3, 1982) 5.24.040 Public display-Permit required. A. Any person desiring t() 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) ATTACHMENT 2 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 Fxre 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 Fxre 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 hannless from any such damages. D. All Ixreworks that remain unfxred after the display is concluded shall be im- mediately disposed of in an approved man~ ner for the particular type of fxreworks remaining. (Ord. 2-89 ~ l(a); Ord. 10 ~ 4, 1982) L/rj~fJ . 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 ~ 1 (part); Ord. 1 0 ~ 5, 1982) 5.24.060 Permit-Prerequisites for issuance. A. No permit to sell safe and sane fxre- 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 -e 5.24.050 Number of permits limited. The maximum number of permits to sell . (Dublill4-96) 142 , , . minimum of one year continually preceding the filing of the application for the permit. (Ord. 10 ~ 6, 1982) . 5.24.070 Safe and sane fireworks- Permit procedure. A. Any nonprofit organization desiring to sell or to offer for sale safe and sane fire- works shall first make a written application to the Fire Chief of the Dougherty Regional Fire Authority for a pennit 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 admin- istration. If the application is denied for any reason, one half of said fee shall be refund- ed. C. The application shall state the name of the applicant, the address of the organiza- tion, and its principal or permanent meeting place. The application shall be accompanied by a letter or certificate from the State Fran- chise 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 fire- works 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, including a map or plot plan of the lot or premises on which the stand is to be located . S~? 5.24.060 depicting the stand and other structures on the premises. Any such stand must be locat- ed on private property located within com- mercially zoned districts, and must other- wise conform to zoning and other applicable laws and regulations. The written pennis- sian 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. Each applicant shall post a deposit in the amount of two hundred dollars ($200) for the purposes set forib 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 section 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. H. Two or more nonprofit organiza- tions 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 provi- sions of this section. (Ord. 4-97 ~ 1; Ord. 2-89 ~ 1 (b); Ord. 2-88 g 1; Ord. 10 ~ 7, 1982) 5.24.080 Operation of stand- Permittee only. A. No person other than the pennittee 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 organiza- tion, or the parents, wives or husbands or .adult children of such members, shall sell 143 (Dublin 12.97) 5.24.080 or otherwise participate in the sale of fire- works at such stand. C. Notwithstanding the foregoing. a pennittee may receive assistan.ce in operat- ing the stand from. and share the profits of the operation of the stand with. any non- profit organization which meets the require- ments of Section 5.24.060. provided that advance written notice is given to 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 tem- porary 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 arleast 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 two (2) two and one-half (21/2) 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 confonning to the provisions of this code. (Ord. 10 ~ 9, 1982) -' (Dublin 12-97) / .-J: "/1 b ...... I . 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. B. "No smoking" signs shall be promi- nendy displayed on the fIreworks stand. C. The sale of fIreworks shall not be made to any person under the age of eigh- teen (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 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 pennittee. 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 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. 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 ~ ll. 1982) 5.24.120 Permit display required. The permit to sell fireworks and tempo- rary sales tax permit shall be display in a prC!minent place in the fireworks stand. (Ord. 1 0 ~ 12, 1982) . 144 ... . . 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 ~ 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 I I of the Health and Safety . . 145 ?~ ? 5.24.130 Code of the state of Cali fomi a) and other applicable provisions of the laws of the state ofCaIifornia (Ord. 10 ~ 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 9 15, 1982)