224 ORDINANCE NO. 224
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, CALIFORNIA, AMENDING CHAPTER
8.112 OF THE GRAND TERRACE MUNICIPAL CODE AND
REGULATING THE SALE AND DISCHARGE OF FIREWORKS
THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Chapter 8.112 of the Grand Terrace Municipal Code is hereby amended to read
as follows:
8.112.010 Dates and hours of sale and discharge. Safe and sane fireworks as defined by
Section 12529 of the Health and Safety Code of the state may be sold within the City during the
period of June 281h through July 41h, 12:00 noon - 9:00 p.m. and the discharge dates are June 28'h
through July 41h, 12:00 noon - 11:00 p.m. pursuant to the provisions of this chapter and not
otherwise.
8.112.020 License Required. Except as provided in this chapter,it is unlawful for anyperson
to offer for sale or sell at retail any fireworks of any kind in the city without having first applied for
and received a license therefor. This chapter shall supercede Uniform Fire Code Section 78.102 as
to safe and sane fireworks.
8.112.030 License - Land use application-Public liability insurance. All applications for
a license to sell fireworks shall:
A. Be made in writing accompanied by a license fee of fifty dollars and a land use application
fee of thirty-three dollars submitted to the community and economic development
department. The fees are not for the purpose of revenue,but will be used to defray the costs
of application processing, inspection and supervision. A 3% surcharge will be paid to the
City as partial reimbursement for extra law enforcement.
B. Set forth the proposed location of the fireworks stand applied for. The stands must be on
private property located in the commercial and industrial or manufacturing zones and the
written permission of the owner of record or lessee must accompany the application
according to Zoning Code Section 18.73.211, Temporary Uses Allowed.
C. Be accompanied by an assurance that if the license is issued to applicant, applicant shall, at
the time of receipt of the license, deliver to the City Clerk's office one hundred
thousand/three hundred thousand dollars public liability and fifty thousand dollars property
damage insurance policies with riders attached to the policies designating the City as an
additional insured under this chapter, and a copy of the requisite permit from the State Fire
Marshal.
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D. Be routed to the Fire Chief,Building and safety Director, and the Sheriffs Department via
the Land Use Application. The community and Economic Development Department will
evaluate the location of the fireworks stand and related issues.
8.112.040 License-Prerequisites to Issuance. The following qualifications must be met by
each applicant for a license issued under this chapter:
A. No license shall be issued to any person, firm or corporation except nonprofit associations
or corporations organized primarily for youth sports.
B. Each such organization must have its principal and permanent meeting place in the corporate
limits of the city and must have been organized and established in the city's corporate limits
for a minimum of one year continuously preceding the filing of the application for the
license, and must have a bona fide membership of at least one hundred fifty members.
C. No organization may receive more than one license for fireworks sale. One license may be
issued to two or more qualifying applicants as a joint venture. The maximum number of
licenses which may be issued pursuant to this chapter shall be one.
8.112.050 Suspension of license -Appeal procedure.
A. The fire chief or his designee shall be authorized to suspend immediately and without notice
or formal hearing the license of any licensee which violates any rule,regulation or ordinance
while operating or preparing to operate a fireworks stand during or immediately preceding
any period of sale. If the fire chief or his designee establishes that a violation has occurred
too late to suspend the license during the period of sale,he shall have power to suspend the
licensee from future licenses, and to suspend the priority of the licensee for any such
violation found to have occurred during or immediately preceding or immediately following
the authorized period of sale.
B. The decision of the fire chief or his designee to suspend the license of any licensee shall be
subject to review by the city manager, forthwith. In view of the limited sales period each
year, for suspensions affecting the sale period, such hearing shall be held at the earliest
possible time that the licensee,city manager or his designee,and the representative of the fire
chief can schedule a meeting for such review.
8.112.060 Operation of stand.
A. It is unlawful for the licensee organization to permit any person other than the licensee
organization to operate the stand for which the license is issued or to otherwise participate
in the profits of the operation of such stand.
B. It is unlawful for the licensee organization to permit any person other than the individuals
who are members of the licensee organization, or the spouses or adult children of such
members, to sell or otherwise participate in the sale of fireworks at such stand.
C. It is unlawful for the licensee organization to pay any consideration to any person for selling
or otherwise participating in the sale of fireworks at such stand.
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8.112.070 Temporary fireworks stands. All retail sales of safe and sane fireworks shall be
permitted only from within a temporary fireworks stand, and sales from any other building or
structure is hereby prohibited. Temporary stands shall be subject to the following provisions:
A. No fireworks stand shall be located within twenty-five feet of any other building nor within
one hundred feet of any gasoline pump.
B. Fireworks stands need not comply with the provisions of the building code of the city;
provided,however,that all stands shall be erected under the supervision of the building and
safety director,who shall require that stands be constructed in a manner that will reasonably
insure the safety of attendants and patrons.
C. No stand shall have a floor area in excess of three hundred square feet.
D. 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 spaced approximately
equidistance apart;provided,however,that in no case shall the distance between exits exceed
twenty-four feet.
E. Each stand shall be provided with two two-and-one-half gallon soda-and-acid or water
pressure type fire extinguishers, underwriter approved, in good working order and easily
accessible for use in case of fire.
F. Posters of current notices and fines need to be posted and copies of the rules and fines
handed out.
8.112.080 General requirements for licensees.
A. 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.
B. "No smoking" signs shall be prominently displayed on the fireworks stand.
C. Each stand must have an adult in attendance and in charge thereof while fireworks are stored
therein. Sleeping or remaining in the stand after close of business each day is forbidden.
D. The sale of fireworks shall not begin before 12:00 noon on the 28'day of June and shall not
continue after 9:00 p.m. on the 4`h day of July.
E. All unsold stock and accompanying litter shall be removed from the location by five p.m.on
the 6`h day of July.
F. The fireworks stand shall be removed from the temporary location by twelve noon on the 8`h
day of July, and all accompanying litter shall be cleared from the location by said time and
date.
8.112.090 License fee and land use application fee. The license fee for the selling of
fireworks within the city shall be eighty-three dollars(fifty dollars plus thirty-three dollars)per year
per stand,which fee must be paid at the time application for a stand is filed with the community and
economic development department.
8.112.100 Temporary sales tax permit required. Organizations licensed for the selling of
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fireworks are required to obtain a temporary sales tax permit from the San Bernardino office of the
State Board of Equalization.
8.112.110 Display.of license and sales tax permit. The license to sell fireworks and
temporary sales tax permit shall be displayed in a prominent place in the fireworks stand.
8.112.120 Permissible locations for discharge. The use of fireworks in the city shall be
limited to private property. No fireworks shall be discharged on public, semipublic or private open
areas such as parking lots, vacant properties, in a public street right-of-way or public parks.
8.112.130 Prohibition on discharge. It is unlawful for any person to ignite,explode,project,
or otherwise fire or use,any fireworks,or permit the ignition, explosion or projection thereof,upon
or over or onto the property of another without his consent, or to ignite, explode, project, or
otherwise fire or make use of, any fireworks within ten feet of any resident dwelling or other
structure used as a place of habitation by human beings. Fireworks shall not be discharged within
two hundred feet of any dry grass or brush-covered land.
8.112.140 Fireworks defined. Fireworks shall be defined as set forth in Section 9.108 of the
Uniform Fire Code.
Section 2. Effective Date-This Ordinance shall be in full force and effect at 12:01 a.m. on
the 3 1"day of its adoption.
Section 3. Posting-The City Clerk shall cause this Ordinance to be posted in three(3)public
places within fifteen(15)days of its adoption, as designated for such purposes by the City Council.
Section 4. First read at a regular meeting of the City Council of said City held on the 11"day
of May and finally adopted and ordered posted at a regular meeting of said City Council on the 25`'
day of May, 2006.
Mayor of e City of Grand Terrace
and of the City Council thereof.
Attest:
D�
Brenda Mesa, City Clerk
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I, Brenda Mesa, City Clerk of the City of Grand Terrace, California, do hereby certify that
the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the
City of Grand Terrace held on the 251h day of May, 2006,by the following vote:
AYES: Councilmembers Hilkey, Garcia and Miller; Mayor Pro Tem Cortes and
Mayor Ferre
NOES: None
ABSENT: None
ABSTAIN: None
Brenda Mesa, City Clerk
Approved as to form:
�.[�1
John Ha er Cit Attorney
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