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HomeMy WebLinkAboutORD NO 3891ORDINANCE NO. 3 B 9 I AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING AND REPEALING CHAPTER 8.45 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO FIREWORKS. WHEREAS, Section 12599.5 is added to the California Health and Safety Code to authorize the sale of certified safe and sane fireworks December 26, 1999 through January 1, 2000 pursuant to a license issued by the State Fire Marshal if authorized by a city ordinance; WHEREAS, the city otherwise allows the sale and use of said fireworks in celebration of the Fourth of July holiday (Bakersfield Municipal Code section 8.44); and WHEREAS, the city desires to permit the sale and use of certified safe and sane fireworks for the Year 2000 Celebration as set forth herein. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. 8.45.010 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. Except as modified herein, the provisions of Chapter 8.44 relating to the sale of fireworks within the city shall apply to this chapter. 8.45.020 Application -- Issuance -- Fee. A. A permit for the sale of safe and sane fireworks may not be issued except to those persons who were issued a permit pursuant to Chapter 8.44 in 1999. For the purposes of this chapter only, the limitation imposed by Section 8.44.030G shall not apply. B. Applications for fireworks permits shall be submitted commencing October 1, 1999 through December 1, 1999. No applications shall be accepted nor processed by the city after December 1, 1999. C. 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(s) and shall require the following information and documents: (1) The name, address and telephone number of the nonprofit organization or retail business establishment for which application is made. -- Page 1 of 5 Pages -- (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. (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(s), 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(s) 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 applicant(s) shall save, hold harmless and indemnify the city, its officers, agents, employees and volunteers from all claims, demands, damages, judgments, costs of expenses in law or equity that may at any time arise from or is any way related to any work performed by applicant(s), his agents of 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 January 15, 2000. The cash bond shall be returned to the applicant(s) 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. D. All permits issued under this chapter shall remain in effect from twelve noon on December 28, 1999, to twelve noon on January 1, 2000 unless earlier suspended or revoked. E The applicant(s) shall pay a fee not to exceed the cost of processing any such application and inspecting such business as set forth in Section 3.70.040. F. Permits may be issued with conditions to insure 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. G. The applicant(s) must first have obtained a permit or license from the State Fire Marshal pursuant to Section 12599.5 of the California Health and Safety Code. -- Page 2 of 5 Pages -- 8.45.030 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. 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 nontransferable, and shall be valid only as to the applicant(s) and location provided on the application for such permit, or as set fodh in Section 8.44.030F. 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-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. 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 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. 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. -- Page 3 of 5 Pages -- 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, December 28, 1999, to twelve noon on January 1, 2000. 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 January 15, 2000, 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. 8.45.040 Revocation. Any permit issued pursuant to this chapter shall be immediately revoked by the city manager or his designee whenever he finds: A. That misrepresentations were made on the application; or B. That any of the terms or conditions of said permit have been violated, or that the business has been operated in violation of local, state or federal law. 8.45.050 Appeal. A. Should any applicant(s) 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(s) may, no later than ten days after notice of such decision is deposited in the United States mail, addressed to the applicant(s) 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(s) 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 decisions. 8.45.060 Effective dates of chapter. This chapter is repealed as of January 16, 2000. -- Page 4 of 5 Pages -- 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. .......... oo000oo .......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the 3 1 , by the Council of the City of Bakersfield at a regular meeting thereof held onMAR 1 999 following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER o CITY CLERK and~ of the Council of the City of Bakersfield APPROVED: MAR 3 ~, 1999 BOB AY~/YOR CITY OF BAKERSFIELD APPROVED AS TO FORM: BART J. THILTGEN CITY ATTORNEY By: MIC"~A~L G. ALLFOR~ Assistant City Attorney MGA\laa\lsc November 17, 1998 S: \C O U N C I L\O rds\F irewo rks-Ad d. wpd -- Page 5 of 5 Pages -- February 12, 1999 Mayor Bob Price and Council City of Bakersfield 1501 Truxton Bakersfield, CA 93301 Dear Mayor and Council, On January 1, 1999, AB 2090 became effective in California. The Bill allows local governments the option of permitting the sale/use of Safe & Sane Fireworks from December 26, 1999 to January 1, 2000. In the Bakersfield, Kern County areas there has been a growing interest in this Bill. Wasco and Tat~ have already passed their second readings. Delano, California City, Arvin, and Kern County are in the process of evaluating AB 2090. Of my Forty-five customers in the city of Bakersfield twenty-five of them have expressed interest in selling fireworks for the Millenium. On behalf of the approved 1999 Fourth of July applicants I would ask you to amend the existing ordinance to allow the groups to sell fireworks for the celebration of the Millenium, from December 28, 1999 to January 1,2000. Sincerely, ~lovis Clinton, Area Manager James Barton, Consultant American Promotional Events ...... -era.- .... 2727 N. GROVE INDUSTRIAL DRIVE SUITE 125 FRESNO, CA. 93727 TELEPHONE (209) 252-5391 · 800-246-9~30 FAX (209) 252-0216 February 12, 1999 Mayor Bob Price and Council City of Bakers~eld 1501 Truxton Bakersfield, CA 93301 Dear Mayor and Council, On January 1, 1999, AB 2090 became effective in California. The Bill, drafted by Congressman Gary Miller, allows local governments the option of permitting the sale/use of State Approved Fireworks (Safe & Sane) from December 26, 1999 to January 1, 2000. Currently, State law allows sales only during seven days around the Fourth of July. Because of AB 2090, the State will allow you to amend your existing ordinance to permit non-profit organizations to sell fireworks and your citizens to use them for New Year' s Eve 1999. The intent of the law, as expressed in Mr. Miller's press release, is to provide individuals a safe alternative to celebrate the new Millenium. I emphasize that AB 2090 contains a sunset clause-it is effective for this year only. AB 2090 passed on consent in the Assembly and Senate, and was signed within four days by former Governor Wilson. There were no formal objections from Police or Fire authorities during AB 2090's passage. The purpose of this letter is twofold. First, to those who have passed second readings or are in process of evaluation, I extend American Promotional Events' commitment to help your City make this event as successful as those you have enjoyed during the Fourth of July. Secondly, to those who are unfamiliar with AB 2090, I extend an invitation to call and discuss any questions you may have. We have literally hundreds of cards on file from organizations up and down the Valley expressing interest. Sincerely, Bill Hargrove, General Manager American Promotional Events Z727 N. GROVE INDUSTRIAL DRIVE SUITE 125 FRESNO, CA. 93727 TELEPHONE (202) 252-5391,800-24~-H30 FAX (209) 252'0216 700 Kiernan Avenue · Unit "A" ° Modesto, California 95356 Phone: (209)491-5180 · 1-800-733-7771 ° Fax: (209)491-5188 February 12, 1999 Mayor Robert Price City Council Members City of Bakersfield 1501 Truxtun Ave. Bakersfield, CA. 93301 Dear Mr. Mayor and Council Members: On January 1, 1999 a bill (AB2090) became effective allowing the sale of Safe and Sane fireworks in the State of California to celebrate the Millennium. This permits local governments to have the option to change their local ordinance to include this one-time sale period of fireworks within their jurisdiction. Some cities in Kern County have already addressed this bill and have taken steps to amend their existing ordinances. I have been advised by my clientele that other cities are also considering the approval in their locale. Numerous groups have requested information as to the possibility of them operating fireworks stands during this period. Therefore, on behalf of my clientele in the City of Bakersfield, I respectfully request you to allow the sale of fireworks during this time frame by amending the CUffing' 6rdinance. Respectfully Submitted, Ryne A. Conder Area Manager RAC:jf Encls: AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. MCCARTHY, 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 1 st day of April , 1999 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3891 , passed by the Bakersfield City Council at a meeting held on the 31st day of March 1999 , and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING AND REPEALING CHAPTER 8.45 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO FIREWORKS. Is/PAMELA A. MCCARTHY City Clerk of the City of Bakersfield S:\DOCUMEN'RAOPOSTING April 1, 1999