HomeMy WebLinkAboutORD NO 4867ORDINANCE NO. It 86 7 -
AN ORDINANCE AMENDING SECTION 8.44.040 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
FIREWORKS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 8.44.040 of the Bakersfield Municipal Code is hereby amended to
read as follows:
8.44.040 Regulations.
A. Those fireworks which are classified as "dangerous" fireworks under
Section 12505 of the California Health and 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.
Notwithstanding anything to the contrary, "piccolo pete" type and "ground
flower" type fireworks shall not be used, displayed, or sold separately or in
combination with otherwise allowed fireworks.
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 there
from capable of being plainly heard upon the streets, alleys, parks or other
public places.
C. Any permit issued pursuant to this chapter shall be nontransferable,
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) or 8.44.035(F).
Locational preference shall be given for the consecutive use of a particular
location by the applicant as established by the previous year's approved plot
plan assuming all other provisions of this chapter are complied with. If two or
more applications for new stand locations are within the minimum four hundred
foot distance requirement of each other, preference shall be determined by a
drawing conducted by the city manager or designee.
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 or roof of the
fireworks stand is prohibited. oeeAKFa�
Page I of 5 Pages ° o
ORIGINAL
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. The sale of any other items or commodities (e.g.,
consumables) in conjunction with the sale of safe and sane fireworks is strictly
prohibited.
F. No fireworks stand shall be located within one hundred feet of any
aboveground or underground gasoline storage or gasoline pump or any garage
or within thirty feet of any other building, or within four hundred feet of any other
fireworks stand, when measured closest point to closest point.
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 ensure the safety
of attendants and patrons. Fireworks stands may utilize shading devices such as
canopies or awnings for the convenience of patrons subject to the following
limitations:
1. The location and dimensions must be shown on the approved plot
plan;
2. Cannot cover or impede any public rights -of -way;
3. Must be freestanding (not anchored or tied to any public property
such as light or electrical poles);
4. Must not cover the booth or any portion thereof;
5. Must meet all Uniform Fire Code specifications as adopted by the
city, including flame retardancy and setback requirements;
6. Must provide shade from the top only (no sides). Banners, signs or
other items on or hanging from the awning or canopy are prohibited;
7. May not reduce the number of parking spaces required by the
traffic authority; and
8. Display or sale of fireworks from the awning or canopy area is
prohibited.
H. Fireworks stands shall be located only in a C -1 zoning district or a
zoning district less restrictive than C -1, 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.
o�gANe9m
Page 2 of 5 Pages v o
ORIGINAL
I. All temporary stands for the display and sale of fireworks shall obtain
an electrical permit from the city building department, if electrical current is
utilized or necessary.
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 fireworks stand must have at least two exits. Each fireworks
stand in excess of forty feet (12,192 mm) in length must have at least three exits.
Exits shall have a minimum width of thirty inches (76 mm). An aisle with a
minimum width of thirty inches (76 mm) shall lead to each exit. Exit doors shall be
operable from the inside without the use of a key or any special knowledge or
effort.
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.
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.
day.
Q. All permits must be posted in a conspicuous place.
R. "Safe and sane" fireworks may be sold only as follows:
1. On July 1st between the hours of twelve noon and eleven p.m.
2. On July 2nd between the hours of six a.m. and eleven p.m.
3. On July 3rd between the hours of six a.m. and eleven p.m.
4. On July 4th between the hours of six a.m. and 12:01 a.m. of the next
o`se AKF9lp
T
m
Page 3 of 5 Pages
7r-0GINAL
S. Except for licensed pyrotechnicians, .safe and sane" fireworks may
be used only on the following dates and times:
1. On July 2nd between the hours of nine a.m. and 12:01 a.m. of the
next day.
2. On July 3rd between the hours of nine a.m. and 12:01 a.m. of the
next day.
3. On July 4th between the hours of nine a.m, and twelve- thirty a.m. of
the next day.
4. On December 31st between the hours of twelve noon and twelve -
thirty a.m. of the next day.
T. Permittee shall strictly comply with all provisions of the State
Fireworks Law (Sections 12500 et seq., of the Health and Safety Code.
U. 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.
V. Night watchman accommodations shall not be closer than twenty -
five feet from the fireworks stand.
W. No fireworks shall be placed in any fireworks stand until a permit for
such stand has been issued by the city.
X. 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.
Y. Each fireworks stand shall prominently display and provide safety
educational materials that have been approved by the city's fire chief. A copy
of the required materials shall be provided by the Bakersfield fire department.
Required materials shall be paid for by the applicant and distributed with each
fireworks sale.
Z. All enforcement of the provisions of this chapter may be conducted
pursuant to Chapter 15.65.
o``0AK�9T
m
Page 4 of 5 Pages v o
ORIGINAL
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
- - - - -- 00000-- - - - - --
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
OCT 12 2016 , by the following vote:
✓ ,✓ ✓ ✓ ✓ ✓'
AYES' COUNCILMEMBER: RIVERA MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER
N ES COUNCILMEMBER: N4hQ
ABSTAIN. COUNCILMEMBER: N:.
ABSENT: COUNCILMEMBER: w 6T`q
/7 Zkm-ri
ROBERTA GAFFORD, C
CITY CLERK and EX OFFICIO Clerk of the
APPROVED:
OCT 12 2016 Council of the City of Bakersfield
By: .44 --
HARVEY L. HALL, Mayor
City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
y �� vL_
JOSHUA H. RUDNICK
Deputy City Attorney II
JHR:vlg
5 \COUNCIL \CNsV&1 7\9 -44 NOFrtawa FniD-
� BAHF9
o ,rT
Page 5 of 5 Pages o
,oiglnil�I
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, 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 14th day of October, 2016 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 4867 passed by the
Bakersfield City Council at a meeting held on the 12th daV of October, 2016 and
entitled:
AN ORDINANCE AMENDING SECTION 8.44.040 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO FIREWORKS.
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
Bye
DEPUTY City Clerk
S:\D000MENT FORMSWOP. ORD.wpd