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HomeMy WebLinkAboutItem 7.1 Fireworks Ordinance~~~~ Off' nU~~~ /ii ~ 111 L~~ - ~ ~~~ DATE: TO: FROM: SUBJECT STAFF REPORT CITY COUNCIL CITY CLERK File #650-60 January 17, 2012 Honorable Mayor and City Councilmembers ~~ Joni Pattillo, City Manager ° ~' Review of City Fireworks Ordinance Permit Process Prepared by Bonnie Terra, Fire Marshal EXECUTIVE SUMMARY: Vice Mayor Hart asked that the City Council discuss the language in the City's Fireworks ordinance regarding eligibility for the type of organization that could be included in the drawing to sell fireworks. In completing the review, Staff has noted potential amendments to the ordinance for City Council consideration. This item was moved from the December 20, 2011 City Council meeting. FINANCIAL IMPACT: There is no financial impact associated with this item. RECOMMENDATION: It is Staff's recommendation that the City Council consider this item and provide Staff with appropriate direction. ~...~ r.,~~~ ~_ Submitted By Fire Marshal DESCRIPTION: ~, t~ Reviewed By Assistant City Manager At the City Council meeting of April 5, 2011, Vice Mayor Hart asked that Staff place the City's Fireworks Ordinance on a future City Council agenda to discuss whether or not the Fireworks Ordinance should be modified regarding the eligibility for the type of organization that could be included in the drawing to sell fireworks. The City's current Fireworks Ordinance, Chapter 5.24.060 of the Dublin Municipal Code - Permit - Prerequisites for issuance (Attachment 1) has the following prerequisites for organizations that desire to apply for a fireworks permit: Page 1 of 3 ITEM NO. 7.1 A. No permit to sell safe and sane fireworks shall be issued to any person except nonprofit organizations or corporations which have obtained tax exempt status from the State Franchise Tax Board under Section 23701(b), (d), (f), (g) or (I) 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 of a minimum of one year continually preceding the filing of the application for the permit. In 2011, a total of 27 organizations applied for fireworks permits (Attachment 2). A total of 14 permits were issued. The City's Fireworks Ordinance has been amended five times since the adoption of the ordinance on March 29, 1982. A listing of the revisions has been included (Attachment 3) to this report. STAFF RECOMMENDED CHANGES TO THE ORDINANCE: During the review of the City's Fireworks Ordinance, Staff found several areas of the ordinance that Staff would like to revise and Staff would request that the City Council consider Staff's proposed changes to the ordinance. Staff has identified five (5) changes that will assist in simplifying the administrative process. The proposed Fireworks Ordinance amendments are outlined below in strikethrough/underline format. 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 city's Fire Chief ^^'~~ "°+,~,°°„ +"° ,~^+°~ ^f o^r~i ~~ Ap~+l-~8~' ^f °°^" ~~°°r at least 2 months prior to the event. 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. 5.24.050 Number of Permits Limited. The maximum number of permits to sell safe and sane fireworks which may be issued pursuant to this chapter during any one calendar year shall not exceed one (1) permit per each three thousand (3,000) residents of the City of Dublin, based on the most recent population figure ae~F°I^n°~~~i~" (`nmmi ir~i+" n~°I~r~nT rcr~-viT°cccvi prepared by the State of California in May of each year. This number excludes the inmate population of the Santa Rita Jail and the federal penal institutions. If the number of applications received up to and including the last day for making applications pursuant to this chapter exceeds the number of permits to be issued for the city, the Fire Chief shall immediately thereafter supervise and impartial drawing to determine an order of priority for each application. (Ord. 5-96 § 1 (part); Ord. 10 § 5, 1982) 5.24.060 Permit-Prerequisites for issuance. A. No permit to sell safe and sane fireworks shall be issued to any person except nonprofit organizations with an active 501 (c) 3 status or corporations which have obtained tax exempt status from the State Franchise Tax Board under Section 23701(b), (d), (f), (g), or (I) of the Revenue and Taxation Code. Only one organization per ID number shall apply. Proof shall be provided at application. Page 2 of 3 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) Dublin resident 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. (Ord. 10 § 6, 1982) 5.24.070 Safe and Sane Fireworks -Permit Procedure. C. The application shall state the name of the applicant, the address of the organization, and its principal or permanent meeting place. TT-"~°~c-ash°~~ "° °^^^mr,°r,i°,~ "„ ^ ~°++°r nr n~~im°Y1cr-v~t~Fl. R~riL ~rir! (~nrnnr~+inri T~v h~i Ccc i~L~` 7(1'I /h\ /i-!\ /f\ /n\ nr /I\ of > > > > C+~+° Q°~i°rii i° ~rir! T~v~+inri (`nr!° G. Each applicant shall post in the amount of two hundred dollars ($200) for the purposes set forth herein. If the requirements of subsection E of Section 5.24.100 are met by the dates and times set forth therein, the deposit shall be returned on or before July 15t". If the requirements of subsection E of Section 5.24.100 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. Each applicant shall post the required amount for the purposes of inspection services as outlined in the cities current fee schedule. 5.24.090 Fireworks Stands -Requirements. C. Permittee shall provide each stand with one (1) two-and-one-half (2 '/) gallon water fire extinguisher suitable for class A fires, ir, n^^,~ ,^,nrLir,n nr,^I°rcr-ana-°~c~aG~si"~° fnr i ic° ir, ~~ / rrJ ~ n~,~ ao2~The extinguishers shall be serviced and tagged by a licensed State Fire Marshall's authorized technician within the past year 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. 19821 NOTICING REQUIREMENTS/PUBLIC OUTREACH: Noticing is not required at this time ATTACHMENTS: 1. Chapter 5.24, Fireworks of the Dublin Municipal Code 2. List of Fireworks Permit Applicants for 2011 3. List of Ordinance changes since March 29, 1982 Page 3 of 3 Chapter 5.24 FIREWORKS* Page 1 of 5 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. 5.24.120 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 meanings ascribed to them in Sections 12500 et seq. of the Health and Safety Code of the state of California. (Ord. 10 § 1, 1982) 5.24.020 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 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 military ceremonials or demonstrations; 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 Attachment 2 Chapter 5.24 FIREWORKS* Page 2 of 5 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. (Ord. 10 § 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 city's Fire Chief only between the dates of April 1 st 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 organization 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 the city harmless from any such damages. D. 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. (Ord. 2- 99 §§ 3A, 3B; Ord. 2-89 § 1(a); Ord. 10 § 4, 1982) 5.24.050 Number of permits limited. The maximum number of permits to sell safe and sane fireworks which may be issued pursuant to this chapter during any one calendar year shall not exceed one (1) permit for each three thousand (3,000) residents 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 applications 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. 10 § 5, 1982) 5.24.060 Permit Prerequisites for issuance. A. No permit to sell safe and sane fireworks shall be issued to any person except nonprofit organizations or corporations which have obtained tax exempt status from the State Franchise Tax Board under Section 23701(b), (d), (f), (g), or (I) 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 minimum of one year continually preceding the filing of the application for the permit. (Ord. 10 § 6, 1982) http://www.codepublishing.com/ca/Dublin/Dublin05/Dublin0524.htm1 9/9/2011 Chapter 5.24 FIREWORKS* Page 3 of 5 5.24.070 Safe and sane fireworks-Permit procedure. A. Any nonprofit organization desiring sto sell or to offer for sale safe and sane fireworks shall first make a written application to the Fire Chief 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 hundred 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 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 (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 a 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 these periods. 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 otherwise 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. G. 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 Section 5.24.100 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 Section 5.24.100 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 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 conform to all of the provisions of this section. (Ord. 21-99 §§ 1, 3; Ord. 2-99 §§ 1, 3C; Ord. 4-97 § 1; Ord. 2-89 § 1 (b); Ord. 2-88 § 1; Ord. 10 § 7, 1982) 5.24.080 Operation of stand-Permittee only. 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. http://www.codepublishing.com/ca/Dublin/Dub1in05/Dub1in0524.htm1 9/9/2011 Chapter 5.24 FIREWORKS* Page 4 of 5 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. C. Notwithstanding the foregoing, a permittee 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 27th. (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 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 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 (2 1/2) 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 conforming to the provisions of this code. (Ord. 10 § 9, 1982) 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 prominently displayed on the fireworks stand. C. The sale of fireworks shall not (1) be made to any person under the age of eighteen (18), (2) begin before twelve p.m. (12:00 p.m.) on the twenty-eighth day of June of each year nor continue after twelve p.m. (12:00 p.m.) on the 5th of July of each year. 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 permittee. No fireworks, or other explosives of any nature, shall be discharged upon the premises or lot upon which a fireworks stand is located. E. 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 later than five p.m. (5:00 p.m.) on the eighth day of July. (Ord. 21-99 §§ 2, 3; Ord. 2-99 § 2; Ord. 2-89 § 1 (c); Ord. 12 § 1, 1982; Ord. 10 § 10, 1982) http://www.codepublishing.com/ca/Dublin/Dub1in05/Dublin0524.html 9/9/2011 Chapter 5.24 FIREWORKS* 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 § 11, 1982) 5.24.120 Permit display required. The permit to sell fireworks and temporary sales tax permit shall be display in a prominent place in the fireworks stand. (Ord. 10 § 12, 1982) 5.24.130 Seizure of fireworks. Page 5 of 5 The Fire Chief shalt 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 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. (Ord. 10 § 13, 1982) 5.24.150 Violation-Penalty. Persons violating this chapter shall be deemed guilty of an infraction, and, upon conviction, shall be punished as provided in Section 36900(b) of the Government Code, or its successor statute. (Ord. 6-02 § 1: Ord. 10 § 15, 1982) This page of the Dublin Municipal Code is current through Ordinance 10-11, passed 7uly 19, 2011. Disclaimer: The City Clerk's Office has the official version of the Dublin Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. City Website: http:j/~vww.ci.dublin.ca.usJ (http://www,ci.dublin.ca.us/) City Telephone: (925) 833-6600 Code Publishing Company (http:/Jwww.codepublishing.com/) http://www.codepublishing.com/ca/Dublin/Dub1in05/Dublin0524.html 9/9/2011 SAFE AND SANE FIREWORKS SALES APPLICATIONS RECEIVED 2011 ORGANIZATION 1 United Karate Federation of CA 2 Dublin Host Lions Club 3 Briarhill Swim Team & Cabana Club 4 Dublin Irish Guard Band Boosters Club (Entity Incorrect) 5 Wells Marching Band 6 Crosswinds Church 7 Dublin United Soccer League 8 St. Raymond School 9 Knight of Columbus, Council 7987 10 St. Raymond Church 11 Dublin Partners in Education 12 Valley Christian Center 13 Dublin High School PFSO 14 John Knox Presbyterian 15 Dublin Senior Foundation 16 GFWC- Womens Club 17 Dublin Little League 18 Dublin High School Alumni Org. 19 Tri-Valley Unity Church 20 Doctors Giving Bacl< Inc. 21 Dublin Falcons Youth Football 22 Dublin High Technology 23 Childrens Emergency Food Banl< 24 Rotary Club 25 Fallon Parent Faculty Club 26 Dublin Elementary 27 Dublin High School Athletic Boosters REVISIONS TO FIREWORKS ORDINANCE SINCE 1982 1. February 27, 1989: Ordinance No. 2-89- Amends Section a. Section 4 is amended by changing the words "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." c. Section 7(b) is by replacing "$100 with $150" application fee. d. 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 28t" to 12:00 noon on July 5t" of each year, however, no firework shall be sold after 10:00 p.m. or before 8:00 a.m. during this period." e. 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 (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 (e) 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 the deposit will be forfeited in full." f. Section 10© 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 5t" day of July, and the stand shall be removed from the location no later than 5:00 p.m. on the 8t" day of July. 2. February 18, 1997: Ordinance No. 4-97 -Amends Section 5.24.070 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 non-profit 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 conform to all of the provisions of this section." 3. February 18, 1997: Ordinance No. 4-97 -Amends Section 5.25.080 as follows: a. Add a new Subdivision C, to read as follows: "C. Notwithstanding the foregoing, a permittee 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 1 ATTACHIV~NT 3 requirements of Section 5.24.060, provided that advance written notice is given to the Fire Chief no later than June 27t" " 4. January 19, 1999: Ordinance No. 2-99 -Amends Section 5.24.070 of DMC " Safe and Sane Fireworks -Permit Procedure" 5. January 19, 1999: Ordinance No. 2-99 -Amends Section 5.24.100 of DMC "General Requirements for Permittees" 6. September 21, 1999: Ordinance No. 21-99 -Amends Section 5.24.070 of DMC, as amended by Ordinance No. 2-99, is further amended by revising subparagraph "D" to read as follows: "The application shall state the date and time on which it is proposed that fireworks be sold, which in not event shall be for a period of time not within (i) twelve p.m. (12:00 p.m.) on June 28t" to twelve p.m. (12:00 p.m.) on July 5t" 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 these periods." 7. May 21, 2002: Ordinance No. 6-02 -Amends Section 5.24.150 to read as follows: "Section 5.24.150; Violation-Penalty -Persons violating this chapter shall be deemed guilty of an infraction, and, upon conviction, shall be punished as provided in Section 36900(b) of the Government Code, or its successor statute." 2 ATTACHIV~NT 3