HomeMy WebLinkAboutORD NO 4333
ORDINANCE NO.
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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
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
8.44.070
FIREWORKS
Definitions.
Permit required.
Effective dates.
Application - Issuance - Fee.
Application - Issuance - Fee.
Regulations.
Revocation.
Appeal.
Penalty.
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 (3).
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.
8.44.025 Effective dates.
Not withstanding anything to the contrary in Section 8.44.030, Section 8.44.030
shall be effective through July 15, 2006. All organizations issued a fireworks permit in
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2005 under Section 8.44.030 shall be eligible to reapply for a fireworks permit through
July 15, 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. 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 of this section, shall be selected by a drawing (by lot) conducted by the
city manager or his/her designee not later than April 10 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 1 through March 30 of each year.
No applications shall be accepted by the city after March 30 of each year. Applications
for the drawing referenced in subsections Band C of this section 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 15 to complete their
applications.
E. Except as modified by subsection D of this section, 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;
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, the number of citizens within the city the
organization serves; the approximate date of its establishment in the city; its principal
and permanent meeting place 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 15 of each year. Plot plans will be
approved or rejected by the fire department by June 15. Amendment will not be
permitted to any plot plan rejected subsequent to the March 30 application deadline for
renewal permits or the May 15 deadline for successful drawing applicants, except to
correct any violation of the minimum distance separation as required by Section
8.44.040F;
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 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 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;
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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 anyone 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. All applicants for permits, whether selected by drawing or not, shall pay a
non-refundable fee, on or before March 30 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 15 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 community services and benefits to the citizens of the city. 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 10 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 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 1 through March 30 of each year.
No applications shall be accepted by the city after March 30 of each year. Applications
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for the drawing referenced in subsections Band C of this section 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 15 to complete their
applications.
E. Except as modified by subsection D of this section, 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
for which application is made;
2. The applicant's business tax certificate number;
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, the number of citizens within the city the
organization serves; its principal and permanent meeting place in the city; 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 15 of each year. Plot plans will be
approved or rejected by the fire department by June 15. Amendment will not be
permitted to any plot plan rejected subsequent to the March 30 application deadline for
renewal permits or the May 15 deadline for successful drawing applicants, except to
correct any violation of the minimum distance separation as required by Section
8.44.040F;
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 satisfactory 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,
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;
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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 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 anyone calendar year.
H. All permits issued under this chapter shall remain in effect from noon on
July 1 to noon on July 15 unless earlier suspended or revoked.
I. All applicants for permits shall pay a non-refundable fee, on or before
March 30 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 15 of each year, not
to exceed the full cost of inspecting such business, enforcing this code and providing
public information, as well as safety education. 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
provisions 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 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 8.44.030F or 8.44.035F. 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
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within the minimum four hundred 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 above-
ground or under-ground 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 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 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
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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.
Q. All permits must be posted in a conspicuous place.
R. "Safe and sane" fireworks may be sold only as follows:
1. On July 1 between the hours of 12 noon and 11 :00 p.m.
2. On July 2 between the hours of 6:00 a.m. and 11 :00 p.m.
3. On July 3 between the hours of 6:00 a.m. and 11 :00 p.m.
4. On July 4 between the hours of 6:00 a.m. and 12:01 a.m. of the next day.
S. Except for licensed pyrotechnicians, "safe and sane" fireworks may be
used only on the following dates and times:
1. On July 1 between the hours of 12:00 noon and 12:01 a.m. of the next
day.
2.
3.
4.
5.
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 15, 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
On July 2 between the hours of 9:00 a.m and 12:01 a.m. of the next day.
On July 3 between the hours of 9:00 a.m and 12:01 a.m. of the next day.
On July 4 between the hours of 9:00 a.m. and 12:30 a.m. of the next day.
On December 3151 between the hours of 12:00 noon and 12:30 a.m of the
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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 15.64.
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.
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.
8.44.070 Penalty.
Violation of any provIsion of this chapter shall be punished as provided in
Section 15.64.480, or any other manner permissible by law.
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.
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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 ~P06
by the following vote:
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CAYE9:
Ñõ'Ês:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON. SULLIVAN. SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
Lk..A~ Llt11 r ~ ~
CITY CLERK and EX OFFICIO 0 he
Council of the City of Bakersfield
APPROVED: MAR 8 2006
By:
HARVE . HALL, Mayor
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
BY:~~>~
;: JANICE SCANLAN
Assistant City Attorney
JAN:AMS:lsc
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