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HomeMy WebLinkAbout78 - Ordinances ORDINANCE NO. 78 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REGL'LATING THE STORAGE, USE AND SALE OF SAFE AND SANE FIREWORKS WITHIN THE CITY OF RANCHO CUCAMONGA. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: Ordinance 25, approved and adopted the 17th day of May, 1978, is hereby repealed. SECTION 2: INTENT AND PURPOSE It is the intent of this ordinance to safeguard life or limb, health, property and public welfare by regulating and controlling the storage, sale, use or discharge of safe and sane fireworks within the City of Rancho Cucamonga. SECTION 3: FIREWORKS DEFINED A. Dangerous Fireworks are those defined in Section 12505 of the Health and Safety Code of the State of California, and may not be discharged in the City of Rancho Cucamonga at any time. B. Safe and sane fireworks are those defined in Section 12504 of the Itealth and Safety Code of the State of California. Safe and sane fireworks may be discharged within the City of Rancho Cucamonga during the period beginning at 12:00 noon on the 28th day of June and ending at 12:00 noon on the 6th day ot July of the same calendar year. SECTION 4: SALE OF SAFE AND SA}~E FIREWOP~KS A. The sale of safe and sane fireworks shall only be permitted in commercial districts of the City of Rancho Cucamonga and is subject to all applicable state laws and regulations and all conditions of this ordinance. B. No person or permittee shall se/] any safe and sane fireworks to a minor under the age of sixteen (16) unless said minor is accompanied by his/her parent(s) or guardian(s). C. The sale of safe and sane fireworks shall not begin before 12:00 noon on the 28th day of June and shall not continue after 12:01 a.m. on the 5th day of J~ly of the same calendar year. SECTION 5: LICENSES, PERMITS AND PREREQUISITES FOR SALE OF SAFE AND S~NE FIREWOKKS A. No person shall offer for sale or sell at retail any safe and sane fireworks in said city without first having applied for and secured a business license from said city and then applied for and secured a permit from the Foothill Fire District and an electrical permit for any included electrical wiring from the Building Official. (~rdi~ance No. 78 B. Each application for the sale of safe and sane fireworks shall be accompanied by three (3) sets of plot plans and shall set forth the proposed location of said safe and sane fireworks stands. C. All permits and licenses shall expire at 12:01 a.m. on the 5th day of July. Any permit or license shall be subject to suspension by order of the Pire Chief or Building Official if he or his duly authorized representative has determined that any permittee has failed to comply with the terms and provisions of this ordinance or any conditions of the permit. D. Temporary Sales Tax Permit Required. (1) Organizations licensed for the selling of safe and sane fireworks are required to obtain a temporary sales tax permit from the regional office of the State Board of Equalization. E. Display of Business License, Sales Tax Permit, Fire District Permit and California State Fire Marshal Retail Fireworks License. (1) The License to sell fireworks, the temporary sales tax permit, the Foothill Fire District permit and the California State Fire Marshal's Retail Fireworks License shall be displayed in a prominent place in the fireworks stand. F. Written permission of the owner of record or lessee of the property of which the safe and sane fireworks stand is to be located shall accompany the application. SECTION 6: INSURANCE REQUIRED A. Applicant shall also provide the following at the time of permit application: (1) Evidence of public liability insurance indicating: (a) Name and address of applicant as insured or a holde~ of certificate of insura~ce issued in connection with a policy carried by a supplier of safe and sane fireworks; (b) That applicant, City of Rancho Cucamonga, and Foothill Fire Protection District are insureds as respects liability arising out of operations and/or activities conducted at the !o~ation described herein, or in conjunction with the named insured to whom this policy is issued, and/or sale or use of products purchased from said named insured; (c) Period of coverage is 12:01 a.m., June 28, or earlier,to 12:01 a.m., July 15, or later; (d) Name and address of insurance company; (e) Limits of liability of not less than $100,000/ $300,000 public liability and $50,000 property damage insurance; (f) Types of insurance as: 1) General liability includinB premises/ operations liability. 2) Contractural liability specifically referencing indemnification aRreements with the City of Rancho Cucamonga and the Foothill Fire Protection District. 3) Products liability including completed operations liability. (g) Location of proposed operation as "safe and sane fireworks stand" (exact description of location); (h) That not less than thirty (30) days written prior notice of cancellation or material change in coverage be provided to the City of Rancho Cucamonga and the Foothill Fire District and/or each additional insured indicated in the certificate of insurance. SECTION 7: OPERATION OF STAND A. Staffing (1) No person below the age of eighteen (18) years shall, at any time, be or be permitted inside said stand or to assist in the handling or sale of safe and sane fireworks. B. Location (1) All retail sales of safe and sane fireworks s~all be permitted only from within a temporary safe and sane fireworks stand. Sales from any other building or structure are hereby prohibited. (2) No safe and sane fireworks stand shall be located within twenty-five feet (25') of any other building, nor within twenty-five feet (25') of any ignition source which could light or discharge safe and sane fireworks, nor within one hundred feet (100') of any premises where flammable liquids are dispensed. Minimum setback from street curbing or shoulder shall be ten feet (10'). (3) Said safe and sane fireworks stands shall be so located as to provide safe and reasonable ingress and egress thereto and to comply with the other provisions and terms of this ordinance. Said stands shall be located substantially at that place indicated on the approved permit for such safe and sane fireworks stand. (4) Separate stands shall not be located closer than three hundred feet (300') apart. C. Construction (1) Safe and sane fireworks stands, as temporary structures, shall not be subject to the terms and provisions of the Building Code of said city, applicable to the construction of perm&nent structures or buildings provided, however, that all such stands are erected under the supervision of the Building Official and Fire Chief, who shall require such stands to be constructed in a manner which will reasonably insure the safety of attendants and patrons. Ordinance' ~:o. 78 Page 4 (2) Ail utilities shall be installed and maintained in accordance with the Building Code of said city, except that all electrical circuits entering such stands shall be connected through fuses or circuit breakers not to exceed fifteen (15) amperes. When the distance from the stand to the source of electrical power exceeds one hundred feet (100'), a temporary electrical power pole or generator set shall be provided. (3) No stand shall have a floor area in excess of three hundred twenty (320) square feet. (4) Each stand must have at least two (2) exits, thirty inches (30") in unobstructed width. All exit doors shall remain unlocked at all times when stands are occupied. Exit doors shall be openable from the inside without the use of a key or any special knowledge or effort. There shall be maintained a thirty inch (30") unobstructed aisleway from all parts of the stand to exit doors. Each stand in excess of forty feet (40') in length must have at least three (3) exits, spaced approximately equal distance apart, provided, however, that in no case shall a person have to travel a distance exceeding twenty-four feet (24') to reach an exit. D. Fire Protection Appliances (1) Each stand shall be provided with two (2) two and one-half (2~) gallon water pressure type fire extinguishers, in good working order and easily accessible for use in case of fire. E. Security (1) Metal fly screens, with not less than 18 x 16 mesh openings, shall be provided to cover all open areas on the inside of the booths where safe and sane fireworks are stored or offered for sale. The only exception to this requirement is the dispensing areas to which the public must have access. (2) Each stand must have an adult watchman or attendant in attendance and in churge thereof at all times while safe and sane fireworks are stored therein. No cooking, living or sleeping facilities sb~ll be established or maintained within any stand. No watchman or guard shall sleep inside any such stand. F. Vehicles Parking on Premises (1) There shall be il: vehicle parking or parking of gasoline generators or any type of flammable liquid containers within twenty-five feet (25') of any such stand. Some form of physical barricade shall be provided to maintain this requirement. G. Removal of Combustibles (1) All weeds and combustible material, not including structures, shall be removed from the location of the stand for a minimum distance of twenty-five feet (25') surrounding the stand. Ordinance !4o. 78 Page 5 (2) All trash shall be removed from the safe and sane fireworks stand and the premises each evening at the close of business. H. Posting of "NO SMOKING" Signs (1) "NO SMOKING" signs, with letters six inches (6") high, shall be prominently displayed on all sides of the safe and sane fireworks stand, both inside and outside. No person shall smoke or burn any cigarettes, cigars, pipes, light safe and sane firworks, matches or any other material within such stand or within a distance of twenty-five feet (25') surrounding such stand. I. Alcoholic Beverages (1) The consumption of any alcoholic beverages shall be prohibited in and around any safe and sane fireworks stand. J. Storage of Safe and Sane Fireworks (1) Safe and sane fireworks shall be stored only in the safe and sane fireworks stand. It shall be unlawful for any person to store safe and sane fireworks in any building, residence, garage, home automobile, trailer, or any other vehicle within the City of Rancho Cucamonga, except for temporary storage of small quantitJes in a residence during the period of permitted sale, as defined in Section 4C. K. Removal of Unsold Stock (1) All unsold stock shall be removed from the location by 12:00 noon on the 6th day of July. L. Erection/Removal of Safe and Sane Fireworks Stand (1) No safe and sane fireworks stand shall be instal]ed prior to 12:00 noon on the 20th day of June and each such stand shall be removed from the temporary location by 12:00 noon on the 7th day of July of the same calendar year. SECTION 8: PROHIBITIONS ON DISCHARGE A. It shall be unlawful for any person to ignite, explode, project, or otherwise fire or use any safe and sane fireworks or permit the ignition, explosion or projection thereof upon, over, or onto the property of another without his consent, or to ignite, explode, project, or otherwise fire or make use of any safe and sane fireworks within ten feet (10') of any residence, dwelling, or other structure used as a place of habitation by human beings. B. Safe and sane firworks shall hot be discharged within any high fire hazard area of said city, as designated and shown on the Fire Prevention Bureau map at the Foothill Fire District Station #2, 9612 San Bernardino Road, Rancho Cucamonga, nor 5f a fire hazard would result from such discharge. Page 6 C. Any minor under the age of sixteen (16) years using safe and sane fireworks shall be under the supervision of a responsible adult. D. No person, firm or organization shall manufacture. store, display, sell, offer for sale, possess, di:~,:harge, or explode, fire, or set off any dangerous fireworks within the City of Rancho Cucamonga. E. The Fire Chief, or his duly authorized representative, shall seize, take, remove, or cause to be removed, at the expense of the owner, all stocks of safe and sane fireworks offered or exposed for sale, or held in violation of this ordinance. SECTION 9: PENALTIES A. Persons violating this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00, or by imprisonment in the County jail for a period not to exceed thirty (30) days, or both such fine and imprisonment. Further violation of the license provisions shall be cause for the license to be revoked. SECTION 10: The Mayor shall sign this Ordinance and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published within fifteen (15) days after its passage, at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, AND ADOPTED this 16th day of May, 1979. AYES: Schlosser, Palombo, Mikels, Bridge, Frost. NOES: None ABSENT: None City Clerk