178 ORDINANCE NO. 178
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAND TERRACE, CALIFORNIA, REGULATING THE
SALE AND DISCHARGE OF FIREWORKS
THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1: 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 and discharged within
the City during the period beginning at twelve noon on the 28th day of June and ending at eleven
fifty-nine p.m. on the 5th day of July pursuant to the provisions of this chapter and not
otherwise.
Section 2: License - Required - Except as provided in this chapter, it is unlawful for any
person 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.
Section 3: 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 $33 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.
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 assured under this chapter, and a copy of the
requisite permit from the State Fire Marshal.
D. Be routed to the Fire Chief, Building and Safety Director, and the Sheriff's
Department via the Land Use Application. The Community and Economic
Development Department will evaluate the location of the fireworks stand and
related issues.
Section 4: License - Prerequisites to Issuance- The following qualifications must be met
by each applicant for a license issued under this chapter:
erson shall be guilty of a separate offense for each and
every day during any portion of which any violation of the provisions of this chapter is
committed. Violators may include not only those persons staging the street or special event but
any person knowingly participating in the event after being advised of its illegality.
th a company with a rating
approved by the City attorney. The City and its officers, agents and employees shall be named
as additional insureds on said policy and the City shall be provided with a certificate of
insurance evidencing this fact. Both the applicant and any independent contractors shall also
provide copies of their worker's compensation certificates for all employees.
(b) The applicant shall also agree to indemnify the City, its officers and employees
from any claim or liability arising out of the street or special event.
(c) The applicant shall also post such cash deposit or bonds to protect the City from
n of the Sheriff's Department.
ORDINANCE NO. 178
PAGE 2
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.
Section 5: 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.
Section 6: 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.
is
committed. Violators may include not only those persons staging the street or special event but
any person knowingly participating in the event after being advised of its illegality.
th a company with a rating
approved by the City attorney. The City and its officers, agents and employees shall be named
as additional insureds on said policy and the City shall be provided with a certificate of
insurance evidencing this fact. Both the applicant and any independent contractors shall also
provide copies of their worker's compensation certificates for all employees.
(b) The applicant shall also agree to indemnify the City, its officers and employees
from any claim or liability arising out of the street or special event.
(c) The applicant shall also post such cash deposit or bonds to protect the City from
n of the Sheriff's Department.
ORDINANCE NO. 178
PAGE 3
Section 7: 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.
Section 8: 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 twelve noon on the 28th day of June
and shall not continue after twelve midnight on the 5th day of July.
E. All unsold stock and accompanying litter shall be removed from the location by five
p.m. on the 6th day of July.
F. The fireworks stand shall be removed from the temporary location by twelve noon
on the 8th day of July, and all accompanying litter shall be cleared from the
location by said time and date.
Section 9: License Fee and Land Use Application Fee - The license fee for the selling
of fireworks within the City shall be eighty-three dollars ($50 plus $33) 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.
for selling or otherwise participating in the sale of fireworks at such stand.
is
committed. Violators may include not only those persons staging the street or special event but
any person knowingly participating in the event after being advised of its illegality.
th a company with a rating
approved by the City attorney. The City and its officers, agents and employees shall be named
as additional insureds on said policy and the City shall be provided with a certificate of
insurance evidencing this fact. Both the applicant and any independent contractors shall also
provide copies of their worker's compensation certificates for all employees.
(b) The applicant shall also agree to indemnify the City, its officers and employees
from any claim or liability arising out of the street or special event.
(c) The applicant shall also post such cash deposit or bonds to protect the City from
n of the Sheriff's Department.
ORDINANCE NO. 178
PAGE 4
Section 10: Temporary Sales Tax Permit Required,- Organizations licensed for the
selling of fireworks are required to obtain a temporary sales tax permit from the San Bernardino
office of the State Board of Equalization.
Section 11: 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.
Section 12: 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.
Section 13: 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 200 feet of any dry grass or brush-covered land.
Section 14: Definition of Fireworks - Fireworks shall be defined as set forth in Section
9.108 of the Uniform Fire Code.
Section 15: Effective Date - This Ordinance shall be in full force and effect at 12:01
A.M. on the 31st day of its adoption.
Section 16: 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 17: First read at a regular meeting of the City Council of said City held on the
8th day of January and finally adopted and ordered posted at a regular meeting of said City
Council on the 22nd day of January 1998.
ATTEST:
City Clerk of the City of r rand Terrace Mayor the City of Grand Terrace and of
and of the City Council thereof. the Ci Council thereof.
I, BRENDA STANFILL, City Clerk of the City of Grand Terrace, 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 22nd day of January 1998, by the following vote:
e
location by said time and date.
Section 9: License Fee and Land Use Application Fee - The license fee for the selling
of fireworks within the City shall be eighty-three dollars ($50 plus $33) 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.
for selling or otherwise participating in the sale of fireworks at such stand.
is
committed. Violators may include not only those persons staging the street or special event but
any person knowingly participating in the event after being advised of its illegality.
th a company with a rating
approved by the City attorney. The City and its officers, agents and employees shall be named
as additional insureds on said policy and the City shall be provided with a certificate of
insurance evidencing this fact. Both the applicant and any independent contractors shall also
provide copies of their worker's compensation certificates for all employees.
(b) The applicant shall also agree to indemnify the City, its officers and employees
from any claim or liability arising out of the street or special event.
(c) The applicant shall also post such cash deposit or bonds to protect the City from
n of the Sheriff's Department.
ORDINANCE NO. 178
PAGE 5
AYES: Councilmembers Singley, Hilkey; Mayor Pro Tem Buchanan; Mayor Matteson
NOES: Councilmember Garcia
ABSENT: None
ABSTAIN: None
QS/6,7ht___S-.-1-)10/RiCe-e_
City Clerk
_ -
APPROVED AS TO FORM:
th,14,
City Attorney
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on
NOES: None
ABSENT: None
ABSTAIN: None
kCE(G �_r�� /l
City Clerk
ty Council of the City
of Grand Terrace held on the 11th day of November , 1997, by the following
vote:
AYES: Councilmembers Hilkey, Singley, and Garcia; Mayor Pro Tem
Buchanan; Mayor Matteson
NOES: None
ABSENT: None
ABSTAIN: None
Approved as to form:
City Clerk
OD4/1
City Attorney
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