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day of May, 1978, is hereby repealed.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