Sec. 10-51. - Sale of safe and sane fireworks.
Sec. 10-52. - Discharge of fireworks.
Sec. 10-54. - Permits for retail sale of fireworks.
The County of Kings has determined that in order to protect the health, safety and welfare of the citizens in the unincorporated area of the county, it is necessary to regulate the sale of safe and sane fireworks.
(Ord. No. 560, § 2, 4-1-97)
Sec. 10-51. - Sale of safe and sane fireworks.
(a)
It shall be unlawful for any person to sell, offer for sale or display for sale any "safe and sane fireworks" as defined in Section 12529 of the Health and Safety Code of the state (hereinafter "fireworks"), within the unincorporated area of the county without first obtaining a permit therefor from the county fire department as provided herein.
(b)
Fireworks may be sold only from June 28 to July 4 of any year, unless July 4 falls on a Sunday, in which case the period for the sale of fireworks ends on July 5. The hours of operation of any stand shall be limited to 12:00 noon to 11:00 p.m. on June 28 and 9:00 a.m. to 11:00 p.m. daily during the other days identified above except the last day when sales must cease no later than midnight. The sale of any fireworks shall be made strictly in accordance with the provisions of this article and state law, and not otherwise.
(Ord. No. 560, § 2, 4-1-97)
Sec. 10-52. - Discharge of fireworks.
It shall be unlawful for any person to fire, set off, discharge, explode or use or to cause or to permit to be fired, set off, discharged, exploded or used, any fireworks within the unincorporated area of the county except from 9:00 a.m. on July 1 and ending at midnight on July 4 of any year, unless July 4 falls on a Sunday, in which case the period ends at midnight on July 5.
(Ord. No. 560, § 2, 4-1-97)
Applicants must be a non-profit organization, association or corporation. Each applicant must have had its principal place of business and a permanent meeting place within the County of Kings for a period of at least one year prior to the date of application for a permit. Each applicant shall provide any and all documentation that the county fire marshal, or designee, may request in order to establish that all requirements of this section have been satisfied.
(Ord. No. 560, § 2, 4-1-97)
Sec. 10-54. - Permits for retail sale of fireworks.
All applications for a fireworks permit shall comply with the provisions of Section 12,500 et seq. of the California Health and Safety Code and Subchapter 6, Article V, of Title 19 California Administrative Code, any and all rules and regulations established by the State of California, the county or the county fire chief, and in addition shall be governed by the following:
(1)
An application for a fireworks permit shall be filed with the county fire department on or before June 1 of each year, along with payment of a non-refundable permit fee established by resolution of the board of supervisors. Fireworks permits are not transferable.
(2)
The county fire marshal, or designee, shall issue permits. Permits denied for failure to comply with sections 10-53, 10-54 or 10-54 or 10-55 may be appealed to the county fire chief, and thereafter to the board of supervisors.
(3)
No fireworks permit will be granted to the applicant if the following items are not properly and completely prepared and presented to the county fire department on or before June 1 of the calendar year during which the fireworks will be sold:
a.
State fire marshal's license;
b.
Temporary seller's permit from the state board of equalization;
c.
Property owner's permission form (original) signed and currently dated;
d.
Storage of safe and sane fireworks form;
e.
Address of property where stand will be located; and
f.
Certificate of insurance as required by the county.
The county fire marshal, or designee, may extend the June 1 filing date if the fire marshal, or designee, determines in his or her sole discretion, that an applicant has attempted in good faith and with due diligence to satisfy all of the requirements in paragraphs (1) and (3) and that as a result of action or inaction on the part of other persons or entities, which are beyond the applicant's control, the applicant has been unable to satisfy the requirements of paragraphs (1) or (3) above within the required time periods.
(4)
No change of stand locations will be permitted without the prior approval of the county fire marshal, or designee.
(5)
All Fireworks stands must be removed on or before midnight July 5 of each respective year, unless July 4 falls on a Sunday, in which case the period for the stand removal ends at midnight on July 6, provided, however, that all unsold fireworks stock and accompanying litter shall be removed from the stand on or before 5:00 p.m. on the last day.
(6)
No person shall sell, or offer for sale, any fireworks within a distance of 100 feet of any pump or dispensing device of any flammable liquids.
(7)
No fireworks stand shall be located within 30 feet of any adjacent buildings, burnable materials, grass, paper or like flammable materials.
(8)
No fireworks stand shall be located closer than ten feet from any public roadway or back of curb, or in any location which does not otherwise meet the approval of the county fire marshal, or designee.
(9)
No sale or display of fireworks will be allowed inside any permanent building.
(10)
Each fireworks stand shall have a minimum of two exits which shall be located and provided on opposite sides. Each exit shall be at least 32 inches wide. Fireworks stands with only three sides and open from the back will not require exits.
(11)
If stands are operated at night, only electric lights may be used.
(12)
"No Smoking" signs shall be located on all sides of the stand. Each sign shall have the words "No Smoking" in red letters, not less than two inches in height, with the minimum one and one-half inch stroke on white background.
(13)
One approved two and one-half-gallon pressurized, water-type fire extinguisher and/or one five-pound multi-purpose ABC fire extinguisher or garden hose fully charged with shut-off nozzle attached, shall be provided in the stand's sale area. There shall be no exceptions to this requirement. The fire extinguisher must be in operating condition, with an up-to-date inspection tag indicating that the fire extinguisher has been serviced within the past year.
(14)
Fireworks signs shall not create a traffic hazard and must be approved by the county fire marshal, or designee.
(15)
All permittees shall instruct all employees and persons who handle fireworks in any capacity, of the hazards of said fireworks and with these rules and safety precautions governing fireworks.
(16)
All person selling fireworks shall be trained in emergency procedures, including use of the fire extinguishers.
(17)
Persons employed for the sale of fireworks shall be at least 18 years of age. Proof must be shown at any time when requested by fire officials.
(18)
No person under 16 years of age shall purchase fireworks.
(19)
No sleeping inside the fireworks stand will be permitted at any time.
(20)
The stand and surrounding area shall be maintained in a clean, neat and orderly condition at all times and be free from any condition that would create a "fire nuisance."
(21)
No person shall use or handle fireworks while under the influence of intoxicating liquids or narcotics. Alcohol and narcotics are prohibited within the fireworks stands.
(22)
Smoking shall be prohibited where fireworks are stored or handled.
(23)
No person, other than a member of the organization or a volunteer who is associated with the organization having a permit shall be permitted to sell or otherwise participate in the sale of fireworks.
(24)
No permit issued or authorized shall be transferable or assignable.
(25)
No person shall light, or caused to be lighted any fireworks or other combustible article within any stand or within 200 feet thereof.
(26)
The applicant's state license and county fireworks permit and temporary sales permit issued by the state board of equalization shall be displayed in a prominent place in the fireworks stand.
(Ord. No. 560, § 2, 4-1-97)
Prior to issuance of a permit, the eligible organization shall procure a certificate of insurance acceptable to the county. The certificate shall name the county, its officers, agents and employees as additional insureds in an amount of not less than $1,000,000.00 combined bodily injury and property damage for each occurrence. The certificate must specify the time, location and dates to be covered by the policy.
(Ord. No. 560, § 2, 4-1-97)
Any violation of these provisions or any other county ordinance, or the terms and conditions of the permit, or state law or administrative regulations, or safety rules of the county fire marshal, or designee, shall be grounds for immediate revocation of the permit. Any such violation shall be determined in the sole discretion of the county fire marshal, or designee. The decision of the county fire marshal, or designee, with regards to revocation may be appealed to the county fire chief.
(Ord. No. 560, § 2, 4-1-97)