HomeMy WebLinkAboutORD NO 4225 4225
ORDINANCE NO.
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD 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:
Chapter 8.44 FIREWORKS
Sections:
8.44.010
8.44.020
8.44.025
8.44.030
8.44.035
8.44.040
8.44.050
8.44.060
Definitions.
Permit required.
Effective dates,
Application - Issuance - Fee.
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. "Applicant" means those persons defined in section 8.44.030(A) (1) through (4)
and 8.44.035 A.
B. "Person" means any individual, partnership, group, 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 in accordance with
the provisions of this chapter.
S:\COU N ClL\Ords\04-05 Ords\Fireworks8,44.Amend Fnl. 11-04.doc
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8.44.025 Effective Dates.
Not withstanding anythingth to the contrary in section 8.44.030, secbon' 8.44.030 shall
be effective through July 15 2006. All organizations issued a fireworks permit in 2005
under Section 8.44.030 shall be eligible to reapply for a fireworks permit through July 15th
2006.
8.44.030 - Application - 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. The
organization must be one which provides direct and regular community services and
benefits to the citizens of the City of Bakersfield. A local generally recognized nonprofit
organization is eligible to submit one application. Each educational and/or religious
organization is eligible to submit one application (signed by the local recognized leader of
the organization).
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. 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 this state.
B. All recipients of fireworks permits except those specifically exempted in
subsection C. herein, shall be selected by a drawing (by lot) conducted by the city manager
or his/her designee not later than April 10th of each year.
C. The total number of fireworks permits to be issued shall not exceed one
permit per four thousand population, or portion thereof, in the city, as set forth in the prior
calendar year annual report of the State Department of Finance, but not less than seventy
five; provided, however, any person applying for a fireworks permit who had such 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 by the "applicant" (as
opposed to the fireworks vendor) commencing March 1st through March 30th of each year.
No applications shall be accepted by the city after Mamh 30th of each year. Applications
for the drawing referenced in subsections (B) and (C) above need not include the State
--Page 2 of 11 Pages --
Sales Tax number nor will require items 3 through 8 of the application form. Those
applicants successful in the drawing shall have until May 15th to complete their
applications.
E. Except as modified by subsection (D) above, 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:
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;
3. The location of the proposed fireworks sales;
4. The purpose of the nonprofit organization or corporation including the
services provided to the citizens of the City of Bakersfield, the number of citizens within the
City of Bakersfield the organization serves; its principal and permanent meeting place in
the City of Bakersfield; 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. For those applicants who were
issued a fireworks permit for the preceding year, the plot plan must be submitted with the
application package. For those applicants successful in the drawing, plot plans must be
submitted by May 15th of each year. Plot plans will be approved or rejected by the Fire
Department by June 15th. Amendment will not be permitted to any plot plan rejected
subsequent to the March 30th application deadline for renewal permits or the May 15th
deadline for successful drawing applicants, except to correct any violation of the minimum
distance separation as required by Section 8A4.040(F);
6. ^ wdtten 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, included
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
--Page 3 of 11 Pages --
OR~GINAi
shall save, hold harmless and indemnify the city, its officers, agents, employees and
volunteers from all claims, demands, damages, judgments, costs or expenses in law or
equity that may at any time adse 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 15th 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 at 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 eligible to receive a permit 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
1st to noon on July 5th unless earlier suspended or revoked.
I. All applicants for permits, whether selected by drawing or not, shall pay a
non-refundable fee, on or before March 30th of each year, not to exceed the cost of
processing any such application. All successful applicants for permits shall pay a fee, on
or before May 15th of each year, not to exceed the full cost of inspecting and enforcing
such business. All fees shall be established as set forth in Chapter 3.70 of this Code.
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.
K. This entire section shall sunset at midnight on July 15, 2006.
8.44.035 - Application - Issuance - Fee.
A. On July 16, 2006, and thereafter, a permit for the sale of safe and sane
fireworks may not be issued except to 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. The organization must be one which provides direct and regular
--Page 4 of 11 Pages --
community services and benefits to the citizens of the City of Bakersfield. A local generally
recognized nonprofit organization is eligible to submit one application. Each educational
and/or religious organization is eligible to submit one application (signed by the local
recognized leader of the organization).
B. All recipients of fireworks permits shall be selected by a drawing (by lot)
conducted by the city manager or his/her designee not later than April 10th of each odd
year. Each recipient successful in the odd year drawing shall be eligible to reapply for a
fireworks permit the following year. Unsuccessful applicants may reapply for a fireworks
permit in the next odd year.
C. The total number of fireworks permits to be issued shall not exceed one
permit per four thousand population, or portion thereof, in the city, as set forth in the prior
calendar year annual report of the State Department of Finance, but not less than seventy-
five.
D. Applications for fireworks permits shall be submitted by the "applicant" (as
opposed to the fireworks vendor) commencing March 1st through March 30th of each year.
No applications shall be accepted by the city after March 30th of each year. Applications
for the drawing referenced in subsections (B) and (C) above need not include the State
Sales Tax number nor will require items 3 through 8 of the application form. Those
applicants successful in the drawing shall have until May 15th to complete their
applications.
E. Except as modified by subsection (D) above, 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:
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;
3. The location of the proposed fireworks sales;
4. The purpose of the nonprofit organization or corporation including the
services provided to the citizens of the City of Bakersfield, the number of citizens within the
City of Bakersfield the organization serves; its principal and permanent meeting place in
the City of Bakersfield; 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. For those applicants who were
issued a fireworks permit for the preceding year, the plot plan must be submitted with the
--Page 5 of 11 Pages -- ,.~
r Ri(:;INA[
application package. For those applicants successful in the drawing, plot plans must be
submitted by May 15th of each year. Plot plans will be approved or rejected by the Fire
Department by June 15th. Amendment will not be permitted to any plot plan rejected
subsequent to the March 30th application deadline for renewal permits or the May 15th
deadline for successful drawing applicants, except to correct any violation of the minimum
distance separation as required by Section 8A4.040(F);
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, included
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 officers, 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 15th 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 at 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 eligible to receive a permit 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
1st to noon on July 5th unless eadier suspended or revoked.
--Page 6 of 11 Pages --
I. All applicants for permits shall pay a non-refundable fee, on or before March
30thth of each year, not to exceed the cost of processing any such application. ,All
successful applicants for permits shall pay a fee, on or before May 15th of each year, not to
exceed the full cost of inspecting and enforcing such business. ,All fees shall be
established as set forth in Chapter 3.70 of this Code.
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 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
previsions of this chapter and not otherwise. Notwithstanding anything to the contrary,
"Piccalo 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 hom, 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 8.44.030F. 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 ordinance are complied with. If two or more
applications for new stand locations are within the minimum 400 foot distance requirement
of each other, preference shall be determined by a drawing conducted by the city manager
or his/her 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.
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 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.
--Page 7 of 11 Pages --
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 free standing (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 set-back 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.
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 8 of 11 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, 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.
X. Each fireworks stand shall prominently display and provide safety educational
materials that have been approved by the City of Bakersfield'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.
Y. All enforcement of the provisions of this chapter may be through the Uniform
Fire 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 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.
--Page 9 of 11 Pages --
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 decisions.
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.
....... o0o .....
--Page 10 of 11 Pages --
ORCG~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 ~,
by the following vote:
ABSTAIN:
ABSENT:
COUNCiLMEMBERCOUCH, CARSON, BENHAM, MAGGARD, HANSON, SULL[VAN, SALVAGGIO
COUNCILMEMBER~'.'.'.'.'.'.'.'.'.~k)~
COUNCILMEMBER ~J
COUNCILMEMBER
CiTY CLERK and EX OFFIICfO of the
Council of the City of Bakersfield
APPROVED: NOV i ? 2004
HARVEY L. HALL, Mayor
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney /
'~ V~II~GINIA~EI~NARO
City Attorney
VG:AMS:dll
--Page 11 of 11 Pages --
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, being duly swom, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 18th day of November, 2004 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4225, passed by the
17th dayof November, 2004 and
Bakersfield City Council at a meeting held on the
entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING CHAPTER 8.44 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
FIREWORKS.
Is~ PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
~/ DEPU'r'~City Clerk
OFI~G~NA[