O 492 C.S.
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ORDINANCE NO. 492 c. S .
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARROYO GRANDE ADOPTING BY REFERENCE THE 1994 EDITION OF
THE UNIFORM FIRE CODE WITH ADDITIONS, DELETIONS AND AMENDMENTS.
The City Council of the City of Arroyo Grande does ordain as follows:
SECTION 1: Title 4, Chapter 2 Section 4-2.02 of the Arroyo .Grande Municipal
Code is hereby repealed and a new section, 4-2.02 (which includes Sections 7804.1 -
7804.10 of the Uniform Fire Code) is added as follows:
Section 4-2.02. Fireworks and Pyrotechnic Special Effects Materi;'11
Uniform Fire Code Article 78 is amended to add the foll'Jwing Secti~n
7804 Fireworks Class C ("Safe and Sane").
Section 7804.1 Storaae use. retail sales and handlina of fireworks ~t:ai1 be in
accordance with Title 19 of the California Code of Reaulations and this section.
Section 7804.2 Sale.
No person shall sell or offer for sale any fireworks within the City except,
in a temporary stand or structure used specifically for the display and sale of fireworks
operated and maintained by a recognized charitable, civic or patriotic group or
organization with the permit of the Director of Building and Fire.
Section 7804.3. Permits: Application.
All applicants for a permit to sell fireworks shall:
1. Submit a written application to sell fireworks on a form provided by
the City.
2. Application for permit shall be filed with the Department of Building
and Fire between April 1st and May 15th of the year for which the permit is requested
and shall state the name of the applicant, the name of the organization, its address, the
location of the proposed stand, the names of the persons who will actually staff the
stand on behalf of the applicant and a complete account of the proposed disposition of
all gross receipts of fireworks to be sold at the proposed stand. Failure of such account
to show that at least fifty percent of net profits from the sale of fireworks will be
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ORDINANCE 492 c.s.
expended for the benefit of the City or its residents shall cause such application to be
denied.
An applicant seeking renewal of a permit must have filed with the City a
"Fireworks Stand Financial Statement" form by October 31 st of the calendar year in
which the permit was issued. On this form, each applicant must certify that at least fifty
percent of the prior year's net profits from the sale of fireworks were expended for the
benefit of the City and its residents. Failure to so certify shall cause such renewal
application to be denied.
3. No organization may receive more than one permit for fireworks
sale during anyone calendar year. One permit may be issued to two or more qualifying
applicants as a joint venture.
4. The maximum number of permits shall be based on one (1) permit
per each 3,000 residents of the City or fraction thereof, based on the official City
census. Should the number of applications exceed the number of available permits, a
drawing shall be conducted by the City Clerk and the available permits issued to those
organizations drawn.
5. Each applicant organization must have its principal meeting place
within the corporate limits of the City of Arroyo Grande and must have been established
within the City for a minimum of two years continuously preceding the filing of the
application for permit and must have a bona fide membership of at least fifteen (15)
members.
6. Insurance: The City Council shall, by resolution, establish
appropriate insurance requirements and conditions related to the sale of fireworks.
7. Each applicant organization must include a "Letter of Agreement"
signed by the property owner or their authorized agent permitting the organization to
erect a fireworks stand on the owner's property.
8. No permit shall be issued unless the applicant organization
represents to the City Council that all aspects of the sale of fireworks, including the
application for all necessary permits, will be conducted by a member of the applicant
organization. All initial permits and application fees shall be paid by the applicant
organization. Such fees shall not be paid by any other affiliated organization, including
a seller, distributor, or vendor of fireworks; Applicant will neither hire nor use
independent contractors or other persons who are not members of the organization, in
connection with any aspect of the sale of fireworks. Only members of the applicant
organization shall staff the fireworks stand, except spouses, parents and children or
members who are eighteen years of age or older, may also staff such stand, subject to
the provisions of this paragraph. All members of the organization must have a valid
identification, which verifies that such person is a valid member of the organization, on
their person or inside the fireworks stand. If individual membership identification is not
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ORDINANCE 492 c.s.
available while staffing the fireworks booth, organizational membership records should
be retained in the stand for reference. If two or more organizations apply for and
receive a joint permit, the fireworks stand shall be staffed by a pro rata share of
members or authorized family members from each organization based on the number of
members in the respective organizations.
9. Permit Fees and Conditions.
The City Council shall, by resolution, establish appropriate fees and
conditions related to the sale of fireworks.
Section 7804.4. Meetina.
There shall be a meeting the first Monday of June at 7:30 p.m. of every
year. This meeting is mandatory for the representatives of the permitee organizations.
Safety practices; legal issues and explanation of the laws, rules and regulations will be
discussed. At this meeting, the applications, certificates of insurance and letters of
permission will be submitted and the permits issued. Wholesale distributors, or their
bona fide agents, shall also be present at this meeting.
Section 7804.5. Fireworks Stands: Construction and Placement.
Retail sales of fireworks shall be made only from temporary fireworks
stands. Sale of fireworks from any other building or structure is prohibited. Temporary
stands will be subject to the following provisions:
1. No fireworks stands shall be located within 50 feet of any other
building, within 100 feet of a gasoline or other type of flammable fuel pump or storage
area, within 500 feet of another fireworks stand or less than 1/8 of a mile from the city's
boundary with another jurisdiction.
2. All fireworks stands shall be erected or constructed on commercial"
or industrial zoned property. No fireworks stands will b!3 constructed or erected on
residential property.
3. Fireworks stands need not comply with the Building Code of the
City. Stands requiring electrical service shall be required to obtain an electrical permit
from the Building and Life Safety Division. Stands shall be constructed or erected in a
manner that will reasonably insure the safety of attendants and patrons. The stands
shall be subject to inspection by representatives of the Department of Building and Fire
at any time.
4. Each stand shall have a minimum of two marked exits or as
otherwise directed by the Director of Building and Fire.
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ORDINANCE 492 C.S.
5. Each stand shall have a minimum of 2 fire extinguishers of a type
designated by the Director of Building and Fire.
Section 7804.6. Sales. Fireworks stands shall comply with the followina
reauirements related to sales:
1. Fireworks shall not be sold prior to 9:00 a.m. on the first day of July
and such sales shall cease at 9:00 p.m. on July 4th. Sales during this time period will
be limited to 9:00 a.m. to 9:00 p.m. each day. Any permitee failing to observe these
hours designated for sale may have their permit revoked or be ineligible for a permit in
subsequent years.
2. Sales to individuals under the age of 18 is prohibited. The
permitee shall require that each person who purchases fireworks produce identification
proving that such person is 18 years of age or older.
3. Each person who purchases fireworks must be provided with
handouts that contain information related to where "Safe and Sane Fireworks" can
legally be discharged and the associated hazards. The contents of this document will
be reviewed and approved by the Director of Building and Fire.
Section 7804.7. Fireworks Stands. General Reauirements.
1. Each stand shall provide temporary sanitary facilities or obtain
permission to use eithe'r private or public facilities during the hours of operation. Proof
of sanitation facilities shall be documented in written form.
2. All weeds, trash, and debris shall be cleared for a distance of at
least twenty-five (25) feet surrounding the fireworks stand.
3. Doors of the stand shall not be locked on the outside of the door
while anyone is inside the stand. The door may be latched in such a manner that will
not cause any undue delay to anyone exiting in an emergency.
4. An aisle or passageway in the fireworks stand will be kept clear
and unobstructed so as not to impede anyone leaving the stand in an emergency.
5. The use of electrical or fuel operated heaters in the fireworks stand
is prohibited.
6. The temporary fireworks stand will be dismantled and removed
from its location not later than the Sunday of the weekend following the 5th of July of
each year. It shall be the responsibility of the permitee to remove the stand. If the
removal of the stand is not accomplished by this deadline, the City of Arroyo Grande
may remove and store it at permitees' cost and expense until it is redeemed by the
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ORDINANCE 492 c.s.
payment of appropriate fees and interest thereon. In addition, the permitee failing to
meet this deadline will be ineligible for a permit the following year.
7. Each stand shall have adequate temporary parking acceptable to
the Director of the Department of Building and Fire.
Section 7804.8. Deliverv.
The wholesale distributors will make all deliveries and end of sale season
pick ups. Excess storage of fireworks will not be permitted.
1. All fireworks shall be removed from sales stand by 9:00 a.m. July
5th.
Section 7804.9. Public Discharae.
Discharge of "Safe and Sane Fireworks" shall be in legally permitted
locations on the 4th of July from 6:00 p.m. until 10:00 p.m. No person under eighteen
(18) years of age may possess or discharge "Safe and Sane Fireworks" except when
under the direct supervision of a person twenty-one (21) years of age or older.
Section 7804.10. Violations.
Persons violating any provision of this section shall be deemed guilty of a
misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed
one thousand dollars ($1,000), or by imprisonment in the county jail for a period not to
exceed six (6) months, or by both such fine and imprisonment. Any violation of these
provisions shall constitute a separate offense for each and every day during which
such violation is committed or continued.
SECTION 2: If any section, subsection or clause of this Ordinance is held to be
unconstitutional or otherwise invalid, the validity of the remaining sections, subsections
and clauses shall not be affected thereby. The City Council hereby declares that it
would have adopted this Ordinance regardless of the fact that one or more sections,
subsections, sentences, clauses or phrases may be determined to be unconstitutional
or invalid.
SECTION 3: That all ordinances, codes, sections of ordinances and codes, and
resolutions that are inconsistent with the provisions of this Ordinance are hereby
repealed.
SECTION 4: This Ordinance shall become effective thirty (30) days after its
adoption.
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ORDINANCE 492 c.s.
SECTION 5: Within fifteen (15) days after passage of this Ordinance, it shall be
published once, together with the names of the Council Mambers voting thereon, in a
newspaper of general circulation within the City.
On motion of Council Member Fuller , seconded by Council
Member Lady , and on the following roll call vote, to wit:
AYES: Council Members Fuller, Lady, Tolley, and Mayor Dougall
NOES: None
ABSENT: Council Member Runels
the foregoing Ordinance was passed and adopted this 9th day of December, 1997.
ATTEST:
N'2c~,fc',TY~
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
k0.TL.HJl~
ROBERT L. HUNT, CITY MANAGER
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ORDINANCE 492 C.S.
I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penarty of perjury, that the
attached Ordinance No. 492 C.S. is a true, full, and correct copy of said
Ordinance passed and adopted at a regular meeting of the City Council of the
City of Arroyo Grande on the 9th day of December, 1997. .
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11 th
day of December, 1997.
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NANCY A. D IS, CITY CLERK
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ORDINANCE 492 c.s.
RULES AND REGULATIONS RELATING TO THE LICENSING AND OPERATION OF
FIREWORKS STANDS IN THE CITY OF ARROYO GRANDE
1. A permit is required from the State Fire Marshal's Office before a City Permit
may be issued. This state permit is not be obtained prior to the award of permits
by City.
2. Applications for the City fireworks permit consideration must be accompanied by
a $75 filing fee and applications may not submitted prior to 8:00 a.m. April 1st no
later than May 15th of the year for which the permit is requested.
3. Approval is required from the Arroyo Grande Department of Building and Fire
. for storage and handling of fireworks.
4. A City fireworks sales permit shall be issued only to local charitable or nonprofit
civic or patriotic groups or organizations that are incorporated pursuant to State
law or are chartered by a State or national organization. "Local" shall mean
having principal offices in or having conducted meetings regularly in this City for
not less than three years immediately preceding the granting of said permit and
having a bona fide membership of not less than 15 members. A complete roster
of the organization including names and addresses of all members, must be
submitted to the Director of Building and Fire at the time of filing the application
for consideration, or the application will not be accepted. Proof of Incorporation,
Chartering, or Tax I.D. will be accepted for the qualification of a single applicant.
Sub-groups using this same proof will not be accepted.
5. No organization may receive more than one permit for fireworks sales during any
one calendar year. One permit may be issued to two or more qualifying
applicants as a joint venture. The maximum number of permits which may be
issued shall be 5 during calendar year 1996. If the number of applications
exceeds the number of permits to be issued, permits shall be granted by a
drawing supervised by the Director of Building and Fire and the City Clerk.
6. Retail sales of fireworks shall be made only from temporary fireworks stands.
Sale of fireworks from any other building or structures is prohibited. Temporary
stands will be subject to the following provisions:
a. No fireworks stands shall be located within 50 feet of any other building,
within 100 feet of a gasoline or other type of flammable fuel pump or
storage area, within 500 feet of another fireworks stand or less than 1/8 of
a mile from the City's boundary with another jurisdiction that prohibits the
sale of fireworks.
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b. All fireworks stands shall be erected or constructed on commercial or
industrial zoned property. No fireworks stands will be constructed or
erected on residential property.
c. Fireworks stands need not comply with the Building Code of the City.
Stands requiring electrical service shall be required to obtain an electrical
permit from the Building and Life Safety Division. Portable generators
shall not be permitted. Stands shall be constructed or erected in a
manner that will reasonably insure the. safety of attendants and patrons.
The stands shall be subject to inspection by representatives of the
Department of Building and Fire at any time.
d. Each stand shall have a minimum of two marked exits or as otherwise
directed by the Director of Building and Fire.
e. Each stand shall have a minimum of 2 fire extinguishers of a type
designated by the Director of Building and Fire.
7. No permit shall be issued unless the applicant represents that applicant (through
its members) will operate such stand and will not use or hire independent
contractors or non-members in connection herewith. On any violation of such
representation, the Director of Building and Fire may revoke such permit or may
refuse such permit in subsequent years. The spouses, parents and children
(see next paragraph for age requirements) may help staff the fireworks stand of
each organization as long as one member of the family is a bona fide member of
the club. In joint operations by two or more organizations, each organization
must operate a pro rata share.
8. No person under the age of 18 years shall be allowed to work a stand as
interpretation of the statutes by the California State Attorney General's Office.
9. The use of sound amplification equipment shall not be permitted. All advertising
is subject to the regulation of the Community Development Department.
10. All fireworks must be of a type approved as "safe and sane" fireworks by the
California State Fire Marshal's Office with the marking of the State Fire
Marshal's seal, otherwise vendor shall be subject to prosecution and all illegal
fireworks shall be confiscated (Health and Safety Code Sections 12505, 12700,
121702, 121721 and 121722)
11. It is unlawful for any person who is a retailer to sell or transfer any "safe and
sane" fireworks to a'person who is under 18 years of age.
12. Any person violating any of the provisions of the State Fireworks law is guilty of
a misdemeanor and may be punished by a fine of $500 to $1,000 or by
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imprisonment in the County Jail for a period of time not exceeding one year or
both by such fine and imprisonment.
13. A person is guilty of a separate offense for each day of violation (Health and
Safety Code Section 12701).
14. A permit is subject to immediate revocation for noncompliance with any of the
. provisions of the Health and Safety Code, Div. XI, Part 2, State of California
and/or Article 78 of the Uniform Fire code as amended by the City of Arroyo
Grande.
15. OTHER REQUIREMENTS:
(a) An application shall be accompanied by a filing fee of $75 payable to the
City of Arroyo Grande.
(b) Each stand shall provide temporary sanitary facilities or obtain permission
to use either private or public facilities during the hours of operation.
Proof of sanitation facilities shall be documented in written form.
(c) All weeds, trash, and debris shall be cleared for a distance of at least
twenty-five (25) feet surrounding the fireworks stand.
(d) Doors of the stand shall not be locked on the outside of the door while
anyone is inside the stand. The door may be latched in such a manner
that will not cause any undue delay to anyone exiting in an emergency.
(e) An aisle or passageway in the fireworks stand will be kept clear and
unobstructed so as not to impede anyone leaving the stand in an
emergency.
(f) The use of electrical or fuel operated heaters in the fireworks stand is
prohibited.
(g) The temporary fireworks stand will be dismantled and removed from its
location not later than the Sunday of the weekend following the 5th of July
of each year. It shall be the responsibility of the permitee to remove the
stand. If the removal of the stand is not accomplished by this deadline,
the City of Arroyo Grande may remove and store it at permitees' cost and
expense until it is redeemed by the payment of appropriate fees and
interest thereon. In addition, the permitee failing to meet this deadline will
be ineligible for a permit the following year.
(h) Each stand shaH have adequate temporary parking acceptable to the
Director of the Department of Building and Fire.
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16. DATES OF SALE:
No fireworks shall be sold or offered for sale within the City except during the
period from 9:00 a.m. July 1st through 9:00 p.m. July 4th. Sales during this
period shall be limited to 9:00 a.m. to 9:00 p.m. each day.
17. SPECIAL INSTRUCTIONS:
(a) Excepting sales window, each stand must be covered with 1/4" mesh wire.
(b) "No Smoking" signs must be displayed.
(c) A shelf must be installed (at counter window) extending inward a minimum
of 6 inches to protect stack from' sources of ignition and to prevent public
from touching same.
(d) Trash and debris shall not be allowed to accumulate in and around
stands.
(e) All unsold stock shall be returned to the wholesaler or manufacturer no
later than 9:00 a.m. July 5th.
(f) The Director of Building and Fire, or his designated assistant, may
impose additional regulations for the prevention of fire when necessary.
(g) No low voltage battery systems will be allowed.
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