Ordinance No. 777 - Sale of Safe and Sane FireworksORDINANCE NO. 777
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD AMENDING REGULATIONS FOR THE SALE OF
SAFE AND SANE FIREWORKS BY COMMUNITY NON-
PROFIT ORGANIZATIONS
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
Section 1. Sections 3104 through 3113 of the Rosemead Municipal Code are hereby
amended to read as follows:
3104. Safe and Sane Fireworks Permitted. Notwithstanding the provisions of Sections
12.01 to 12.06 of the Fire Prevention Code, being Ordinance No. 2947 of the County
of Los Angeles, adopted by reference as the Rosemead Fire Prevention Code by
Section 3101 of the Rosemead Municipal Code, safe and sane fireworks as defined
by Section 12529 of the Health and Safety Code of the State of California, may be
sold within the City of Rosemead during the period beginning at 12:00 noon of the
28th day of June and ending as 12:00 noon on the 5th day of July. Hours of sale shall
be limited to between the hours of 7:00 a.m. and 11:00 p.m., daily. Fireworks may
• be discharged within the City of Rosemead during the period beginning at 12:00 noon
on the 28th day of June and ending at 12:00 noon on the 5th day of July pursuant to
the provisions of this chapter and not otherwise.
3105. Dangerous Fireworks Prohibited. No fireworks shall be sold or offered for sale or
discharged within the City which are classified as dangerous fireworks, at that term
is defined by Health and Safety Code Section 12505. Safe and sane fireworks shall
include only those fireworks that have been classified and registered as "safe and
sane" by the State Fire Marshal.
4v 3106. Permit Required. No person shall sell fireworks within the City without first
having applied for and received a permit therefor in compliance with the terms of this
chapter.
3107. Permits. Deposits. Upon receipt of written application for a permit pursuant to
this chapter, the City Manager shall cause an investigation to be made and submit to
the City Council a report of his findings and his recommendations for or against the
issuance of a permit, together with his reasons therefor. After receipt of such
recommendations and report, the City Council shall have the power in its discretion
to grant or deny the application. Any permit granted by the City Council may be
subject to such reasonable conditions and restrictions as may be imposed by the City
Council and such conditions and restrictions shall be complied with by the permittee.
The Council shall require a cash deposit with the City Clerk in the sum of $100.00 for
each 20 feet in length or portion thereof, of the fireworks stand to be used by the
applicant, as a condition of granting a permit. Such deposit shall be refunded to the
permittee upon compliance with Subsection 3112(I) hereof, but such deposit shall be
forfeited and retained by the City in the event of noncompliance with such subsection.
3108. Permittees. No permit shall be issued to any person except Rosemead-based non-
profit associationsor corporations, organizations primarily for veteran, patriotic,
welfare, civic betterment or charitable purposes in Rosemead. Each such organization
must have its principal and permanent meeting place, or principal place for its non-
profit activities in the City of Rosemead and must have been organized and
established in the City of Rosemead for a minimum of two years continuously
preceding the filing of the application for the permit and must have a bona fide
membership of at least twenty (20) members residing in the City of Rosemead. The
fact that a corporate or association officer resides in the City of Rosemead shall not
be sufficient evidence that its principal and permanent meeting place or principal
place for its non-profit activities is located in Rosemead. Applicants for permits shall
demonstrate that funds raised through the sale of fireworks have been or shall be used to
benefit the Rosemead community.
3109. Applications. Applications for such a permit:
(a) Shall be made in writing;
(b) Shall be filed with the City Clerk on or prior to May 1 of each year;
• (c) Shall set forth the proposed location of any and all fireworks stands applied
for and the length thereof;
(d) Shall be accompanied by an assurance that if the permit is issued to the
applicant, applicant shall, at the time of receipt of such permit, deliver to the
City a minimum $1,000,000 public liability and property damage insurance
policy certification, with a rider attached to the policy designating the City as
an additional insured thereunder; and
(e) Shall be accompanied by a fee of Ten Dollars ($10.00).
Applicants for any such permits shall be notified by the City Clerk of the granting
or rejection of their application for permit on or before the first of June of each
calendar year.
3110. Contents of Application. Each application shall show the following:
(a) Name and address of applicant;
(b) The applicant's status as a non-profit organization;
(c) The name and addresses of the officers, if any, of the applicant;
(d) The location where the applicant will sell fireworks;
(e) When the applicant was organized and established;
(f) The location of the applicant's principal and permanent meeting place or
• principal place for its non-profit activities; and
(g) The applicant's State Board of Equalization Sales Tax Permit Number.
(h) A statement demonstrating that the funds utilized from the sale of fireworks
have been or shall be used to benefit the Rosemead community.
3111. Fireworks, Stands Regulations. The following regulations shall be complied
within the operation of fireworks stands:
(a) No person other than the licensee organization shall operate the stand for
• which the license is issued, or share or otherwise participate in the profits of
the operation of such stand.
(b) No person other than the individuals, ages 18 years or older, who are
members of the licensee organization, or the spouses or children of such
members shall sell or otherwise participate in the sale of fireworks at such
stand.
(c) No person shall be paid consideration for selling or otherwise participating
in the sale of fireworks at such stand.
(d) Each person, group or organization shall be limited to one permit per year
and each permit shall be limited to one stand.
3112. Fireworks Stands. All retail sales of "sale and sane" fireworks shall be permitted
only from within a temporary fireworks stand, and the sale from any other building
or structure is hereby prohibited. Such temporary stands shall be subject to the
following provisions:
(a) 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 Official who shall require that stands be
constructed in a manner which will reasonably insure the safety of attendants
and patrons. An electrical permit and compliance with electrical codes are
required.
(b) If, in the judgment of the Fire Department Inspector, the construction of the
stands or the conduct of the operators therein do not conform to the provisions
• of this chapter, such officer may order the stands immediately closed.
(c) No person shall be allowed in the interior of the stands except those directly
employed in the sale of fireworks.
(d) There shall be at least one supervisor, twenty-one (21) years of age or
older, on duty at all times.
(e) No fireworks shall remain unattended at any time regardless of whether the
fireworks stand is open for business or not.
(f) No stand shall be place closer then twenty feet (20') to any other building.
• (g) "NO SMOKING" signs shall be prominently displayed both inside and
outside the stand. No smoking shall be permitted within the stand, or within
five feet (5') of the stand.
(h) All weeds and combustible material shall be cleared from the location of
the stand. No rubbish shall be allowed to accumulate in or around any
fireworks stand, nor shall a fire nuisance be permitted to exist.
(I) No stand shall be erected before June 15th of any year. The premises on
which the stand is erected shall be cleared of all structures and debris, not later
than noon of the 12th day of July following.
(j) All stands must be equipped with at least one fire extinguisher for each
exist in the stand, which fire extinguishers must be approved as to efficiency
and safety by the Fire Department Inspector.
(k) Each stand in excess of twenty feet (20') in length must have at least two
exits; and each stand in excess of forty feet (40') in length must have at least
three exits spaced approximately equidistant apart; provided, however, that in
no case shall the distance between exits exceed twenty feet (20').
(1) No stand shall be constructed with a depth of more than twelve feet (12').
3113. Amendment to Fire Prevention Code. Section 3101 of the Rosemead Municipal
Code and Sections 12.01 to 12.06 inclusive of the Rosemead Fire Prevention Code
are hereby amended insofar as the same are inconsistent with Sections 3104 to 3113
hereof.
Section 2. The City Clerk shall certify to the adoption of this Ordinance.
• PASSED, APPROVED and ADOPTED this' kh day of February, 1997.
yor
ATTEST: I hereby certify that the foregoing Ordinance
No. 777 was duly introduced and placed upon first
reading at a regular meeting of the City Council on
the 24th day of January, 1997 and that thereafter, said
24 Ordinance was duly dopted by passed at a regular
meeting of th eCity Council of the 11th day of
• City C erk February, 1997, by the following vote:
Yes: Vasquez, Taylor, Clark, Bruesch, Imperial
No: None; Absent: None; Abstain: None
City Clerk