CC - Item 3A - Municipal Code Amendment 15-05 - Adoption of Amended Fireworks Ordinance and Related Fees ResolutionROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: SEPTEMBER 22, 2015
SUBJECT: MUNICIPAL CODE AMENDMENT 15 -05 — ADOPTION OF AMENDED
FIREWORKS ORDINANCE AND RELATED FEES RESOLUTION
SUMMARY
Municipal Code Amendment 15 -05 is a City initiated amendment that proposes to
amend, in its entirety, Chapter 8.28 of the City's Health and Safety Code (Title 8 of the
Rosemead Municipal Code) entitled Fireworks. As part of this amendment, a resolution
must also be adopted restating fees as related to fireworks stands and adjusting
administrative citation fines for violation of Chapter 8.28, which include:
Administrative Citation Fines for Illegal Fireworks
Fine Amount for First Violation $ 500
Fine Amount for Second Violation $1,000
Fine Amount for Subsequent Violation $1,000
Staff Recommendation
It is recommended that the City Council take the following actions:
1. Move to introduce for First Reading, by title only, Ordinance No. 955 (Attachment
"A "): "An Ordinance of the City Council of the City of Rosemead, County of Los
Angeles, State of California, Approving Municipal Code Amendment 15 -05
Amending Subsection 8.28 in its Entirety of Title 8 (Health And Safety) of the City
of Rosemead Municipal Code Related to Regulating Fireworks ".
2. Adopt City Council Resolution No. 2015 -56 (Attachment "B ") authorizing the
fireworks stand fees and civil administrative citation fines.
BACKGROUND
The manufacture, classification and, in part, sales of safe and sane fireworks are
regulated by the California State Fire Marshal under Health and Safety Code (H &SC)
12500 et. seq. While the Code allows for the sale of "safe and sane" fireworks
throughout California, it also allows local jurisdictions to prohibit or otherwise regulate
the sale based upon local conditions. It is under section 12541 H &SC that the City has
chosen to regulate the sale, use, and discharge of fireworks.
ITEM NO. &A
City Council Meeting
September 22, 2015
Page 2 of 2
As you are aware, the Rosemead Municipal Code (RMC) already allows the sale and
discharge of "safe and sane" fireworks within the City limits for the 4t" of July holiday
(RMC Chapter 8.28). By definition "safe and sane" fireworks would include ground
hand -held sparkling devices, cones, fountains, sparklers, ground spinners, snakes and
smoke devices. However, the City's current code (see Attachment "C ") does not
accurately reflect the process to obtain a permit for the sale of fireworks, or include an
appeal process for the denial of a fireworks permit, or address the penalties for the
selling, discharging, or possessing illegal fireworks. The discharging of illegal fireworks
is a problem that the City faces every year. Calls reporting illegal fireworks are received
by the Public Safety Department and the LA County Sheriff's Department on the days
leading up to and on the 4t" of July holiday, as well as random calls the rest of the year.
To address this problem and other deficiencies under Chapter 8.28, this section is
proposed to be amended in its entirety and includes fees to be established for violation
of this chapter.
ENVIRONMENTAL DOCUMENTATION
Municipal Code Amendment 15 -05 is exempt from the California Environmental Quality
Act (CEQA) pursuant to Sections 15061(b)(3) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because it has no significant effect on the
environment.
LEGAL REVIEW
The attached Ordinance No. 955 has been reviewed and approved by the City Attorney.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
Michelle G. Ramirez
Community Development Director
Attachment A: Ordinance No. 955
Attachment B: Resolution No. 2015 -56
Attachment C: RMC Chapter 8.28 (current code)
ATTACHMENT "A"
ORDINANCE NO. 955
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT
15 -05 AMENDING SUBSECTION 8.28 IN ITS ENTIRETY OF
TITLE 8 (HEALTH AND SAFETY) OF THE CITY OF
ROSEMEAD MUNICIPAL CODE RELATED TO REGULATING
FIREWORKS AND TEMPORARY FIREWORKS STANDS
THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. Chapter 8.28 of the Rosemead Municipal Code is hereby amended
in its entirety to read as follows:
"Chapter 8.28
Fireworks
Sections:
8.28.010
Purpose and Intent.
8.28.020
Definitions.
8.28.030
Prohibitions.
8.28.040
Administration by City Manager.
8.28.050
Notices.
8.28.060
Form and Content of Application.
8.28.070
Permit Issuance.
8.28.080
Permit Denial.
8.28.090
General conditions.
8.28.100
Temporary stands- Regulations.
8.28.110
Storage and discharge of fireworks by consumer.
8.28.120
Prohibitions on discharge.
8.28.130.
Enforcement.
8.28.140.
Permit Suspension and Revocation.
8.28.150.
No new permit after revocation.
8.28.160.
Administrative appeals.
8.28.170.
Content of Notices.
8.28.180.
Right to Judicial Review.
8.28.010.
Purpose.
This chapter is adopted pursuant to the City's police powers for the purpose of
protecting public health and safety, while also promoting public welfare and Nonprofit
Organizations' contribution to the community by allowing temporary fireworks sales.
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8.28.020. Definitions.
Unless the particular provision or the context otherwise requires, the definitions
and provisions contained in this chapter shall govern the construction, meaning, and
application of words and phrases used in this chapter.
"City" means the City of Rosemead.
"City Council" means the City Council of the City of Rosemead.
"City Manager" means the City Manager of the City of Rosemead, or his or her
designated representative.
"County" means the County of Los Angeles.
"Fireworks" means "safe and sane" fireworks defined by Health and Safety Code
§ 12529;
"Fireworks sales" means selling or offering "safe and sane" fireworks for sale.
"Nonprofit Organization" means:
(a) A charitable organization that has the legal status as a § 501(c)(3)
through (14) of the Internal Revenue Code and will be the holder of the
permit issued pursuant to this chapter to sell Fireworks; and
(b) Must be located and have their principal business address within the
City's boundaries and conducted meetings regularly within the City for
not less than three consecutive years immediately preceding an
application for a fireworks permit.
"Temporary stand" means a temporary stand or structure used for fireworks sales
operated and maintained by a charitable organization.
"Unlawful fireworks" means "dangerous fireworks" defined by Health and Safety
Code § 12505.
"Wholesale fireworks distributor" means a person, company, firm, etc., who is
lawfully engaged in the business of distribution and sale of "safe and sane fireworks (i.e.
Phantom Fireworks, TNT Fireworks, etc.)
8.28.030 Prohibitions.
A. It is unlawful for any person to engage in fireworks sales without a valid permit
issued pursuant to this chapter for each location at which activity is proposed to
occur.
B. It is unlawful for any person to store or discharge fireworks except as provided in
this chapter.
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C. It is unlawful for any person to sell, offer for sale, store, or discharge any unlawful
fireworks.
8.28.040 Administration by City Manager.
The City Manager is authorized to administer and enforce this chapter.
8.28.050 Notices.
A. Where the provisions of this chapter require that a Nonprofit Organization be
served with notice, such notice is deemed served when personally delivered to
such Nonprofit Organization or when deposited in the first class U.S. Mail,
addressed to such Nonprofit Organization at the Nonprofit Organization's last
known address.
B. Unless otherwise provided, written notification to a Nonprofit Organization of a
permit decision will state with particularity the basis for such decision.
8.28.060 Form and Content of Application.
A. Permit applications must be filed by a wholesale fireworks distributor in the name
of each Nonprofit Organization proposing to conduct fireworks sales. Only
Nonprofit Organizations that are incorporated pursuant to state law may operate a
fireworks stand.
B. Every application must be signed by the Nonprofit Organization, or the Nonprofit
Organization's authorized representative, under penalty of perjury.
C. Every application must include proof of a lease or other written authorization from
the owner or person in lawful possession of the entire lot or parcel upon which the
fireworks stand is to be located. The lessor may enter upon, and evict the Nonprofit
Organization upon notice from the City that the Nonprofit Organization is in
violation of any requirement of this chapter, and the City may enter upon any part
of the premises for purposes of enforcing any requirement of this chapter.
D. Permit applications will be in writing in a form prescribed by the City Manager and
contain all of the following information:
1. The name, mailing address, and daytime and evening telephone numbers
of the person filing the application;
2. The address and telephone number of the location for which a permit is
sought;
3. The name and mailing address authorized by each Nonprofit Organization
to receive all notices. If such an address is not supplied, notices will be sent
to the known business address;
4. The names of the persons who will be present operating the temporary
stand on behalf of the Nonprofit Organization.
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5. Whether or not the Nonprofit Organization was previously issued a permit
under this chapter that was revoked and, if so, the revocation date; and
6. Such other information as the City Manager deems reasonably necessary
for administering or enforcing this chapter.
E. Applications for fireworks permits must be filed with the City of Rosemead no later
than 4:00 p.m. May 1 st of the year for which the permit is requested.
F. All applications must be accompanied with a nonrefundable fee established by City
Council resolution.
8.28.70 Permit Issuance.
A. The City must issue a permit if:
1. The application was complete in accordance with this chapter;
2. The Nonprofit Organization /wholesale fireworks distributor pays all
applicable fees (as established by City Council Resolution);
3. There are no grounds for denying the permit; and
4. Nonprofit Organization accepts the permit approval or conditional approval
in writing.
B. Use of any permit issued pursuant to this chapter must conform to this chapter.
C. No Nonprofit Organization will be issued more than one fireworks permit within the
City.
8.28.080 Permit Denial.
A permit must be denied for the following reasons:
A. The application is incomplete;
B. The Nonprofit Organization failed to provide reasonable supplemental application
information requested by the City;
C. Information submitted by the Nonprofit Organization is materially false;
D. The application is submitted on behalf of a Nonprofit Organization whose permit
was revoked within three years prior to the date the application is submitted; or
E. The application seeks authorization for fireworks sales that is prohibited by this
code or unlawful under any other local, state, or federal law.
8.28.090 General conditions.
Nonprofit Organizations must:
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A. Comply with all local, state, and federal laws regulating fireworks including, without
limitation, this code;
B. Allow authorized City Officials (i.e. Building Official, Public Safety staff, etc.) to
enter onto permitted premises to ensure compliance with this chapter during
business hours.
C. Each permit issued by this chapter must be prominently displayed in a publicly
visible location at the Nonprofit Organization's location.
D. The use of sound amplification equipment is prohibited.
E. Unless suspended or revoked, permits issued pursuant to this chapter are valid
from noon (12:00 p.m.) on June 28th through one minute past eleven p.m. (11:01
p.m.) on the July 4th, inclusive, each year. Fireworks sales are prohibited at all
other times.
F. Nothing in this chapter is intended to, nor does it, grant to a Nonprofit Organization
privileges other than permission to conduct fireworks sales in accordance with this
chapter.
G. A permit issued pursuant to this chapter is nontransferable. Any change in
business name or location requires a new permit issued in accordance with this
chapter.
H. No permit can be issued unless the Nonprofit Organization represents to the City
that all aspects of the sale of fireworks, including the application for all necessary
permits, will be conducted solely by the Nonprofit Organization. All initial
application fees must be paid prior to the issuance of a permit. Nonprofit
Organization cannot hire or use independent contractors in connection with any
aspect of the fireworks sales. Only adults who are eighteen (18) years of age or
older may staff such stand. If the Nonprofit Organization violates any of the
provisions of this subsection, the City may refuse to renew such permit in the year
following the violation. Prior to reestablishment of a permit, the Nonprofit
Organization would be required to show how they plan on following all provisions
of this chapter.
8.28.100 Temporary stands - Regulations.
All temporary stands for fireworks sales must be located, maintained, and operated
subject to the following provisions:
A. Any Nonprofit Organization operating any such stand must abide by and comply
with all matters set forth in the application for permit and all conditions and
restrictions imposed by the City in granting the permit, and all applicable local,
state and federal laws.
B. All proposed stands must be separated by a distance of at least five hundred feet
and be fully accessible by the Los Angeles County Fire Department.
C. Before the erection of any such stand, the Nonprofit Organization /wholesale
fireworks distributor must post a security deposit with the City in an amount
determined by City Council resolution that is forfeited to the City should the
Nonprofit Organization fail to remove the stand equipment and all rubbish from the
premises upon which the stand is located to the satisfaction of the City before
midnight of July 11th of the year in which such permit is granted. If the stand,
equipment and rubbish are satisfactorily removed, and the Nonprofit Organization
complied with all other requirements of this chapter, the security deposit will be
returned to the Nonprofit Organization /wholesale fireworks distributor.
D. Before the erection of any such stand, the Nonprofit Organization /wholesale
fireworks distributor must procure public liability and property damage insurance
covering the operation of the Nonprofit Organization in and about the stand and
premises in a minimum amount of one million dollars ($1,000,000) and must file a
certificate of such insurance with the City, which names the City of Rosemead as
an additional insured.
E. No stand shall be delivered to the approved location earlier than June 20th of each
calendar year.
F. No stand can be erected within one hundred feet of any operating gasoline service
station or garage, or within twenty -five feet of any other building.
G. Each permitted premises or stand must maintain two fire extinguishers of at least
two and one -half gallons pressurized water capacity in good order and condition
and of a type approved by the City Manager. "No smoking" signs must be
prominently displayed on the premises.
H. It is unlawful for any person to light or cause or permit to be lighted any tobacco
products, firecracker, fireworks or other combustible article within any such stand
or within twenty -five feet thereof.
Any electrical installation must be made by a state - licensed electrical contractor or
by an authorized representative of the Nonprofit Organization in accordance with
the City's electrical code, and a City electrical permit must be obtained.
J. Storage of "Safe and Sane" fireworks for the purpose of setting up sales booths is
permitted beginning at noon (12:00 p.m.) on June 27th of each calendar year.
K. Hours of sale of "Safe and Sane" fireworks shall be limited to between the hours
of noon (12:00 p.m.) and 11:00 p.m. on June 28th and 7:00 a.m. and 11:00 p.m.
from June 29th through July 4th of each calendar year.
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L. Each stand must post a sign (approved by the City Manager or designee) that
reminds customers to properly dispose of their fireworks after they have been
used.
M. Each stand must have an adult (18 years or older) in attendance and in charge
thereof when the stand is not being used for the sale or dispensing of fireworks.
No person shall sleep inside the fireworks stands.
N. No Nonprofit Organization shall sell or transfer any fireworks to a person who is
under eighteen (18) years of age.
O. All unsold stock and accompanying litter shall be removed from the location by
noon (12:00 p.m.) on July 6th of each calendar year.
P. It is unlawful for any Nonprofit Organization to solicit customers or pass out
literature in front of another Nonprofit Organization's stand. Advertising literature
can only be used in front or be dispensed from the stand of the Nonprofit
Organization offering the advertising material. This is not intended to prohibit
newspaper advertising.
Q. Any fireworks permit issued by the City may contain any reasonable conditions
and restrictions. This includes, without limitation, the requirement that fireworks
vendors must provide public safety notices to patrons, such as specific notices of
warning regarding the fines imposed by this code.
8.28.110 Storage and discharge of fireworks.
A. Storage of "Safe and Sane" fireworks is permitted within the City during the period
beginning at noon (12:00 p.m.) on the 28th day of June and ending by at 11:59 p.m.
on the 4th of July of each calendar year.
B. Discharge of "Safe and Sane" fireworks is permitted in the City during the period
beginning at 10:00 a.m. on July 4th and ending at 11:59 p.m. on July 4th of each
calendar year. Discharge of fireworks before or after this period is prohibited and
subject to the issuance of a City citation (and fine).
C. The Los Angeles County Sheriff Department/Los Angeles County Fire Department
is authorized to remove or cause to be removed or disposed of in an approved
manner, at the expense of the owner; explosives, explosive materials, or fireworks
offered or exposed for sale, stored, possessed, or used in violation of this chapter.
Seizure shall be conducted in accordance with California Health and Safety Code
Sections 12350 through 12355 and 12721 through 12724 and be subject to a fine
established by City Council resolution.
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8.28.120. Prohibitions on discharge.
In accordance with state law, it is unlawful for any person to do any of the following
and any person found in violation of this section will be subject to a fine established by
resolution.
A. Ignite, explode, project, or otherwise fire or make use of any unlawful fireworks.
B. Ignite, explode, project, or otherwise fire or make use of any "Safe and Sane"
fireworks within ten feet of any residence, dwelling, or other structure. It is also
unlawful for any person to ignite, explode, project, or otherwise fire or make use of
any "Safe and Sane" fireworks anywhere outside a residential zone, in any public
park or in any public area, unless permitted in accordance with Health and Safety
Code §§ 12640- 12650.
C. Possess, store, or permit the storage of any unlawful fireworks.
D. It is unlawful for any property owner residing in the City, or a tenant resident in the
City, to knowingly permit another individual to violate this section.
8.28.130. Enforcement.
A. In addition to the remedies set forth in this chapter, violations of a Nonprofit
Organization's permit may be enforced as follows:
1. Prosecution as infractions or misdemeanors at the City Attorney's discretion as
provided for in the Rosemead Municipal Code.
2. Abated as a public nuisances.
3. Enjoined as unfair business practices that are presumed to nominally damage
each and every resident of the community in which the Nonprofit Organization
operates.
B. The remedies provided by this chapter are cumulative and in addition to any other
criminal or civil remedies.
8.28.140. Permit Suspension and Revocation.
In addition to any other penalty authorized by law, the City Manager may suspend
or revoke a Nonprofit Organization's permit for the following reasons:
A. Providing false or inaccurate statements in an application;
B. Upon learning or discovering facts that require permit denial under this chapter
that were not previously disclosed or reasonably discoverable; or
C. If the Nonprofit Organization violates the permit conditions.
8.28.150. No new permit after revocation.
Should a Nonprofit Organization's permit be revoked, the Nonprofit Organization
is disqualified from applying for a new permit in the year following the revocation in
accordance with this chapter. This presumption may be overcome upon a showing of
good cause as to why a permit should be issued following a revocation. Any such
showing must be made to the City Manager's satisfaction or, if the City Manager denies
a permit, to the City Council as prescribed by this chapter.
8.28.160. Administrative appeals.
A Nonprofit Organization is entitled to appeal the City Manager's decisions to the
City Council provided:
A. A request for review must be commenced within ten (10) days from the date on
which written notice of the City Manager's decision is served on the Nonprofit
Organization.
B. A request for appeal must contain the following information:
1. The name, address and telephone number of the person making the request;
2. A description of the decision, determination or order which is the subject of the
review, and the date such decision, determination or order was made or issued;
3. A brief description of all grounds for making the request; and
4. Such other information as may be required by the City.
C. Upon receiving an appeal, the City Council will review the request at their next
regularly scheduled City Council meeting, and provide the appellant with a written
notification that:
1. The City Manager's decision is affirmed;
2. The City Manager's decision is modified;
3. The City Manager's decision is reversed and a permit is issued.
D. The City Council's decision is a final determination.
8.28.170. Content of Notices.
Any notification of action, whether oral or written, must describe with particularity
the facts and the reasons for the decision.
8.28.180. Right to Judicial Review.
A. A Nonprofit Organization may appeal the City Council's decision by filing an appeal
with the Superior Court pursuant to Government Code§ 53069.4, or any successor
statute, within twenty (20) days from service of the City Council's decision.
B. Should a Nonprofit Organization file a timely appeal with the Superior Court, any
requirement to pay a fine is suspended and the payment of the fine, if any, will be
in accordance with the Superior Court decision."
SECTION 2. Environmental Review. The City Council exercises its independent
judgment and finds that this ordinance is exempt from environmental review because the
ordinance involves updates and revisions to existing regulations, and it can be seen with
certainty that the text amendments will have no significant negative effect on the
environment, per CEQA Guidelines, Section 15061(b)(3).
SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase
of this ordinance is for any reason held to be invalid or unconstitutional by a decision of
any court of competent jurisdiction, such decision will not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would have
passed this ordinance and each and every section, subsection, sentence, clause, or
phrase not declared invalid or unconstitutional without regard to whether any portion of
the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. Publication. The City Clerk is directed to cause this ordinance to
be published in the manner required by law.
SECTION 5. Effective Date. The Mayor shall sign and the City Clerk attest to the
passage of this ordinance. The City Clerk shall cause the same to be published once in
the official newspaper within 15 days after its adoption and be in full force and effect thirty
(30) days from its date of adoption.
PASSED, APPROVED, AND ADOPTED this day of 2015
Margaret Clark, Mayor
City of Rosemead, California
ATTEST:
Carol Cowley, Interim City Clerk
City of Rosemead, California
APPROVED AS TO FORM
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD
I, Carol Cowley, Interim City Clerk of the City of Rosemead, do hereby certify that
the Ordinance No. 955 was duly and regularly approved and adopted by the Rosemead
City Council on the of 2015, by the following vote to wit:
Yes:
No:
Absent:
Abstain:
A.
Carol Cowley, Interim City Clerk
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ATTACHMENT "B"
RESOLUTION NO. 2015 -56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, AMENDING RESOLUTION NO 2015 -19 AND ADJUSTING THE
FEES FOR FIREWORKS AND RELATED ADMINISTRATIVE FEES
WHEREAS, the Municipal Code of the City of Rosemead provides that certain
filing fees, permit fees, inspection fees, deposits and conditions of service may from time
to time be established by the City Council; and
WHEREAS, the City Council of the City of Rosemead has determined that the
cost of providing certain services is not of general benefit but of benefit to the individual
and, therefore, certain filing fees, permit fees, inspection fees and deposits should be
required to pay for materials and special services performed by City staff, and
WHEREAS, after the passage of Propositions 4 and 218, local governments
were made to charge for the costs of services to those who benefited, and
WHEREAS, the City Council has found that since the fees represent a portion of
the actual costs of the service or facilities provided, there is a reasonable relationship
between the amount of the fee charged and the costs of the services provided to the
person paying the fee, and
WHEREAS, the City Council may adjust fees for certain services from time to
time and incorporate all adjusted and /or new fees for services provided into one
comprehensive fee schedule, and
WHEREAS, the City of Rosemead has determined that there is a need to
establish the fees charged for each fireworks stand as well as administrative citation
fines related to fireworks to offset a portion of the additional costs;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD
HEREBY RESOLVES AS FOLLOWS:
SECTION 1 The Rosemead City Council imposes the following fees in Section
A of the Comprehensive Schedule of Fees and Charges:
Fireworks Stand Permit $250
Fireworks Stand Refundable Deposit $300
SECTION 2 The Rosemead City Council imposes the following fines in Section
N of the Comprehensive Schedule of Fees and Charges:
Violation of RMC Section:
8.28.120 - Storage and discharge of fireworks by consumer
Fine Amount for First Violation $ 500
Fine Amount for Second Violation $1,000
Fine Amount for Subsequent Violation $1,000
8.28.130 - Prohibitions on discharge
Fine Amount for First Violation $ 500
Fine Amount for Second Violation $1,000
Fine Amount for Subsequent Violation $1,000
SECTION 3 The fees and fines for Resolution No. 2015 -56 shall not go into
effect until Ordinance No. 955 is operative.
SECTION 4 The City Clerk shall certify to the adoption of this resolution and
hereafter the same shall be in full force and effect.
PASSED, APPROVED, AND ADOPTED this 22nd day of September, 2015.
Margaret Clark, Mayor
City of Rosemead, California
ATTEST:
Carol Cowley, Interim City Clerk
City of Rosemead, California
APPROVED AS TO FORM
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
ATTACHMENT "C"
Chapter 8.28 - FIREWORKS
Sections:
8.28.010 - Safe and sane fireworks permitted.
Notwithstanding the provisions of Sections 12.01 to 12.06 of the Fire Prevention
Code, being Ordinance No. 95 -0063 of the county of Los Angeles, adopted by reference
as the Rosemead fire prevention code by Section 8.24.010, 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 during the period beginning at twelve noon of the twenty- eighth
(28th) day of June and ending as twelve noon on the fifth day of July. Hours of sale shall
be limited to between the hours of seven a.m. and eleven p.m., daily. Fireworks may be
discharged within the city during the period beginning at twelve noon on the twenty- eighth
(28th) day of June and ending at twelve noon on the fifth day of July pursuant to the
provisions of this chapter and not otherwise.
(Ord. 777 § 1 (part), 1997: prior code § 3104)
8.28.020 - Dangerous fireworks prohibited.
No fireworks shall be sold or offered for sale or discharged within the city which are
classified as "dangerous fireworks," as 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.
(Ord. 777 § 1 (part), 1997: prior code § 3105)
8.28.030 - 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.
(Ord. 777 § 1 (part), 1997: prior code § 3106)
8.28.040 - Permit — Investigation— Granting or denial
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 or her findings and his or her recommendations for or against the issuance of a
permit, together with his or her 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 one hundred dollars ($100.00) for each twenty
(20) feet in length or portion thereof, of the fireworks stand to be used by the applicant,
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as a condition of granting a permit. Such deposit shall be refunded to the permittee upon
compliance with Section 8.28.090(1), but such deposit shall be forfeited and retained by
the City in the event of noncompliance with such subsection.
(Ord. 777 § 1 (part), 1997: prior code § 3107)
8.28.050 - Requirements for permittees.
No permit shall be issued to any person except Rosemead -based nonprofit
associations or 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 nonprofit activities in the
city and must have been organized and established in the city 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. The fact that a
corporate or association officer resides in the city shall not be sufficient evidence that its
principal and permanent meeting place or principal place for its nonprofit 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.
(Ord. 777 § 1 (part), 1997: prior code § 3108)
8.28.060 - Permit 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 st 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 one million dollars ($1,000,000.00) 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 often 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.
(Ord. 777 § 1 (part), 1997: prior code § 3109)
8.28.070 - Contents of application.
Each application shall show the following:
A. Name and address of applicant;
B. The applicant's status as a nonprofit organization;
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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 nonprofit 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.
(Ord. 777 § 1 (part), 1997: prior code § 3110)
8.28.080 - Fireworks stands — Operation 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 eighteen (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.
(Ord. 777 § 1 (part), 1997: prior code § 3111)
8.28.090 - Fireworks stands — Additional requirements.
All retail sales of safe and sane fireworks shall be permitted only from within a
temporary fireworks stand, and the sale from any other building or structure is 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.
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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 placed closer than twenty (20) feet 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 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 twelfth day of July following.
J. All stands must be equipped with at least one fire extinguisher for each exit 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 (20) feet in length must have at least two exits;
and each stand in excess of forty (40) feet 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 (20) feet.
L. No stand shall be constructed with a depth of more than twelve (12) feet.
(Ord. 777 § 1 (part), 1997: prior code § 3112)
8.28, 100 - Amendment to fire prevention code.
Section 8.24.010 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 this chapter.
(Ord. 777 § 1 (part), 1997: prior code § 3113)
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