HomeMy WebLinkAboutORD NO 3640ORDINANCE NO.
3640
AN ORDINANCE AMENDING CHAPTER 8.44
OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO FIREWORKS.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Chapter 8.44 of the Bakersfield Municipal Code is hereby
amended to read as follows:
Sections:
8.44.010
8.44.020
8.44.030
8.44.040
8.44.050
8.44.060
Chapter 8.44
FIREWORKS
Definitions.
Permit-required.
Application - Issuance - Fee.
Regulations.
Revocation.
Appeal.
8.44.010 Definitions.
Whenever used in this chapter, unless a different meaning
clearly appears from the context, the words set out in this section
shall have the following meanings:
A. "Person" means any individual, partnership,
corporation or association of any nature whatsoever.
8.44.020 Permit required.
It is unlawful for any person to sell or offer for sale
or expose for sale within the city any fireworks in violation of
this chapter or without having a valid permit therefor in
accordance with the provisions of this chapter.
8.44.030 ADDlication -- Issuance -- Fee.
A. A permit for the sale of safe and sane fireworks may
not be issued except to the following applicants:
1. A nonprofit organization or corporation
organized and existing primarily for veteran, patriotic, religious,
welfare, charitable or civic-betterment purposes, organized and
established in the City at least one year prior to the filing of
application for permit under this chapter and having a bona fide
membership of at least thirty-five members.
2. Retail (for profit) business establishments
which have, for a period of at least one year prior to the filing
of an application for permit under this chapter, held a valid
business tax certificate issued by the city under Chapter 5.02 of
this code; provided, no such permit shall be issued to any such
retail business establishment unless such establishment was issued
a permit the previous year.
3. Any entity which held a permit issued by Kern
County for a particular location the previous year, which location
was subsequently annexed to the City within the past year. Permits
issued to such annexed entities shall be in addition to those
issued on the basis of population, without the necessity of being
selected by drawing.
4. Those applicants having first obtained a permit
or license from the State Fire Marshall under Part 2, Division 11
of the Health and Safety Code of the state.
B. All recipients of Fireworks permits except those
specifically exempted in paragraphs A.3. and C. herein, shall be
selected by a drawing (by lot) conducted by the City Manager or
his/her designee.
C. The total number of fireworks permits to be issued
shall not exceed one permit per 4,000 population, or portion
thereof, in the City of Bakersfield, as set forth in the annual
report of the State Department of Finance, but not less than fifty;
provided, however, any person applying for a fireworks permit who
had such a permit in 1994 and also in each subsequent year shall be
issued a permit if otherwise qualified without being included in
the drawing, notwithstanding the fact that such issuance may
increase the number of permits to more than that allowed herein.
D. Applications for Fireworks Permits shall be
submitted commencing March 15th through May 15th of each year. No
applications shall be accepted nor processed by the City after May
15th of each year.
E. Applications for Fireworks permits shall be made on
forms to be furnished by the city manager or his designee, shall be
signed under penalty of perjury by the applicant and shall require
the following information and documents:
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1. The name, address and telephone number of the
nonprofit organization or retail business establishment for which
application is made;
2. The applicant's business tax certificate number
if it is a retail business establishment, and the name and address
of all owners of such business;
and
3. The location of the proposed fireworks sales;
4. The purpose of the nonprofit organization or
corporation, its principal and permanent meeting place; the
approximate date of its establishment in the city; the total number
of its local membership; the names and addresses of its
officers.
5. A plot plan, showing the location of the
temporary fireworks stand, utilities, location of permanent and
temporary structures, curb cuts and/or driveways and identifying
the nearest available sanitary facilities, and fire hydrants;
6. A written authorization from the owner of the
location or person in lawful possession thereof, if other than the
applicant, for the locating of the business upon his or her
property.
7. Evidence, satisfactory to the city manager or
his designee, of (1) general liability insurance providing coverage
on an occurrence basis for bodily injury, including death of one or
more persons, property damage and personal injury, with limits as
required by the city; and (2) workers' compensation, with statutory
limits and employers liability insurance with limits as required by
the city. All policies required of the applicant hereunder shall
be primary insurance as to the city, its mayor, council, officers,
agents, employees and volunteers and any insurance or self-
insurance maintained by the city, its mayor, council, officers,
agents, employees and volunteers shall be considered excess
insurance, over and above the applicant's insurance and shall not
contribute with it. The applicants shall save, hold harmless and
indemnify the city, its officer, agents, employees and volunteers
from all claims, demands, damages, judgments, costs or expenses in
law or equity that may at any time arise from or is any way related
to any work performed by applicant, his agents or employees under
the terms of any permit issued under this chapter.
8. Cash bond in the sum of one hundred dollars, to
be forfeited to the city in the event the permittee fails to remove
said stand, equipment and rubbish from the premises upon which the
stand is located before twelve noon on July 15 of the year for
which said permit is granted. The cash bond shall be returned to
the applicant upon full performance of the requirements of this
chapter.
9. Approval from the Public Works Department of
the City that operation of the Fireworks stand at the proposed
location will not present any substantial hazard to vehicular or
pedestrian traffic.
F. Location of temporary stands may not be changed
after an application is filed except as required by the city, or
where there is evidence of change in property ownership or
management and prior approval or consent has been revoked by the
new owners or managers.
G. No one organization or business may receive more
than one permit for fireworks sales during any one calendar year.
H. All permits issued under this chapter shall remain
in effect from noon on July 1 to noon on July 5 unless earlier
suspended or revoked.
I. The applicant shall pay a fee not to exceed the cost
of processing any such application and inspecting such business as
set forth in Section 3.40.070.
J. Permits may be issued with conditions to ensure that
the business will be operated in a safe and legal manner, will not
disturb the peace and quiet of the neighborhood and will not
constitute an undue burden on city resources.
8.44.040 Requlations.
A. Those fireworks which are classified as "dangerous
fireworks" under Section 12505 of the California Health & Safety
Code are prohibited, except that such fireworks as are defined and
classified as "safe and sane fireworks" in Section 12529 of the
California Health and Safety Code may be displayed, sold and used
pursuant to the provisions of this chapter and not otherwise.
B. No permit holder shall shout, make any outcry, blow
a horn, ring a bell or use any other sound device including any
loudspeaker, radio or amplifying system where sound of sufficient
volume is emitted or produced therefrom capable of being plainly
heard upon the streets, alleys, parks or other public places.
C. Any permit issued pursuant to this chapter shall be
non-transferrable, and shall be valid only as to the applicant and
location provided on the application for such permit, or as set
forth in Section 8.44.030 F.
D. Except as expressly permitted by and in accordance
with the provisions of Chapter 12.44 of this code, the sale, offer
to sell, advertising or display of merchandise on any street or
sidewalk in the city is prohibited.
E. All retail sales of safe and sane fireworks shall be
permitted only from a temporary fireworks stand and the sale from
any other building or structure is prohibited.
F. No fireworks stand shall be located within one
hundred feet of any gasoline storage or gasoline pump or any garage
or within thirty feet of any other building, or within six hundred
feet of any other fireworks stand.
G. Fireworks stands need not comply with the provisions
of the building code of the city except that the building official
shall have authority to require that stands be constructed in a
manner which will reasonably insure the safety of attendants and
patrons.
H. Fireworks stands shall be located only in a C-1
zoning district or a zoning district less restrictive than C-l,
unless located upon property owned and occupied by a church and/or
school, which church or school is either a legal or legal
nonconforming use of such property.
I. All temporary stands for the display and sale of
fireworks shall obtain an electrical permit from the city building
department.
J. If a toilet is not immediately available during all
open or sale hours of the fireworks stand, then an approved
chemical one must be provided.
K. Each stand in excess of twenty-four feet in length
must have at least two exits. Each stand in excess of forty feet
in length must have at least three exits.
L. Each stand shall be provided with not less than two
2A 10 BC-type fire extinguishers, underwriter approved, in good
working order and easily accessible for use in case of fire.
M. No person shall light, or cause or permit to be
lighted, any fireworks or any other article or material within any
such stand, or within fifty feet thereof.
N. No smoking shall be allowed in any stand, nor within
fifty feet thereof. "No Smoking" signs shall be prominently
displayed.
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O. All weeds and combustible material shall be cleared
from the location of the stand, including a distance of at least
twenty feet surrounding the stand.
P. There shall be at least one adult in attendance
during the open or sale hours of the fireworks stand. No minor
under the age of eighteen shall be permitted in a stand.
Q. All permits must be posted in a conspicuous place.
R. Fireworks shall be sold only between the hours of
twelve noon, July 1st, to twelve noon on July 5th.
S. Permittee shall strictly comply with all provisions
of the State Fireworks Law (Sections 12500 et seq. of the Health
and Safety Code).
T. The fireworks stand shall be removed from the
temporary location by twelve noon on July 15th, and all
accompanying litter shall be cleared from said location on or
before said time.
U. Night watchman accommodations shall not be closer
than twenty-five feet from the fireworks stand.
V. No fireworks shall be placed in any fireworks stand
until a permit for such stand has been issued by the city.
W. Any person who receives a notice to correct any
violation of these regulations or any other condition of the
permit, and who fails to correct such violation within the time
prescribed in the notice, may be assessed a fee not exceeding the
city's cost of reinspection in accordance with Section 3.70.040 of
this Code.
8.44.050 Revocation.
Any permit issued pursuant to this chapter shall be
immediately revoked by the city manager or his designee whenever he
finds:
A. That
application; or
misrepresentations were made on the
B. That any of the terms or conditions of
have been violated, or that the business has been
violation of local, state or federal law.
said permit
operated in
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8.44.060 Appeal.
A. Should any applicant be dissatisfied with the
decision of the city manager or his designee not to grant a permit
or to revoke a permit, then said applicant may, no later than ten
days after notice of such decision is deposited in the United
States mail, addressed to the applicant or permittee at the address
provided on the application, make written objection to the city
council setting forth the grounds for dissatisfaction, whereupon
the council shall hear said objections at a regular meeting no
later than three weeks following the filing of the objection with
the city clerk. The applicant shall be given written notice no
less than three days prior to said hearing. The council may, upon
said hearing, sustain, suspend or overrule the decision of the city
manager or his designee, which decision shall be final and
conclusive.
B. Pending the hearing before the council, the decision
of the city manager or his designee shall remain in full force and
effect and any reversal thereof by the city council shall not be
retroactive but shall take effect as of the date of the council's
decision.
SECTION 2.
This Ordinance shall be posted in accordance with
provisions of the Bakersfield Municipal Code and shall become
effective thirty (30) days from and after the date of its passage.
.......... o0o ..........
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OR',G;NAL
I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on APR 0~ , by the following
vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SM~T~, McDERMOTT, ROWLES, CHOW, SALVAGGIO
NOES: COUNCILMEMBER .k~(~R ~
ABSTAIN: COUNCILMEMBER ~-~
ABSENT: COUNCrLMEMBER 0
APPROVED
/~SSiSta~tCITY CLERK and Ex k of the
Council of the City of Bakersfield
APPROVED as to form:
JUDY K. SKOUSEN
CITY ATTORNEY
By:
MARINO
Assistant City Attorney
JKS/meg
ORD 95-l\FIREWRK2.FIN
April 5. 1995
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OR~G;NAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
CAROL WILLIAMS, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of
the City of Bakersfield; and that on the 7th day of April, 1995 she
posted on the Bulletin Board at City Hall, a full, true and correct
copy of the following: Ordinance No. 3640, passed by the
Bakersfield City Council at a meeting held on the 5th day of April,
1995, and entitled:
AN ORDINANCE AMENDING CHAPTER 8.44 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
FIREWORKS
By:
/s/ CAROL WILLIAMS
City Cl?rk of the~ty of Bakersfield
DF~PUI~Y Cit~ Cie~