HomeMy WebLinkAboutORD 0913 (1984) ORDINANCE NO. 913 .
1 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, REGULATING THE SALE
2 OF FIREWORKS
3 The City Council of the City of Tustin, California, does
hereby ordain as follows:
The City Council hereby finds and determines as follows:
WHEREAS, the citizens of the City of Tustin have expressed
6 their opposition to the sale, as well as the use of all fireworks
within the community, and such opposition includes action on
? ballot propositions in 1980 adopting a city ordinance prohibiting
the sale and use of fireworks within the corporate limits of the
8 City; and
9 WHEREAS, the First District Court of Appeal in the recent
case of Ventura v. City of San Jose, although stating that cities
10 may regulate the use of fireworks, has held that local govern-
ments are preempted by State law from prohibiting the sale of
11 "safe and sane" fireworks; and
12 WHEREAS, the State Legislature is presently considering
Senate Bill 2333 which would reaffirm and expressly acknowledge
13 the fundamental principle that the sale, as well as the use, of
"safe and sane" fireworks is a matter of local concern and
14 strictly a municipal affair; and
15 WHEREAS, in the event the State Legislature fails to autho-
rize cities to prohibit the sale, as well as the use, of fire-
16 works in order to protect the public health, safety and welfare,
it is necessary that an ordinance be adopted as an urgency
17 measure which would regulate the sale of "safe and sane" fire-
works within the corporate limits of the City; and
18
WHEREAS, this ordinance is hereby adopted as an urgency
19 measure to protect the public health, safety and welfare, and
is adopted as an urgency measure by a four-fifths (4/5ths) vote'
20 pursuant to the provisions of Section 36937 of the Government
Code and shall take effect immediately upon passage.
Section 1: Paragraph (i) is hereby added to Section 5133
22 of the Tustin City Code to read as follows:
23 "(i) Section 78-107 is added to Article 78 of the Uniform
Fire Code to read as follows:
'Section 78,107. Dangerous Fireworks Prohibited. No
25 person, firm or organization shall manufacturer, store,
display, sell, offer for sale, or possess any dangerous
26 fireworks within the City of Tustin.
27 A. 'Dangerous Fireworks' Defined. For purposes of
this Code, 'dangerous fireworks' as defined in the State
28 fireworks law and the regulations of the State Fire
1 Marshall adopted pursuant thereto, as they may, from time
to time, be amended."'
Section 2: Paragraph (j) is hereby added to Section 5133 of
3 the Tustin City Code to read as follows:
4 "(j) Section 78,108 is added to Article 78 of the Uniform
Fire Code to read as follows:
'Section 78-108. Regulation of Sale of Safe and Sane
6 Fireworks. Except as hereinafter provided, it shall be
unlawful for any person to possess, store, to offer for
7 sale, expose for sale, sell at retail or explode any
'safe and sane' fireworks; provided that the Zoning
8 Administrator shall have the power to adopt reasonable
rules and regulations for the granting of permits for
9 the supervised sale of fireworks.
10 A. 'Safe and Sane Fireworks' Defined. For purposes of
this Code, 'safe and sane fireworks' shall mean 'safe
11 and sane fireworks' as defined in the State fireworks
law and the regulations of the State Fire Marshall adopted
12 pursuant thereto, as they may, from time to time, be
amended.
B. Application requirements. Each applicant for a
14 permit shall file his application with the Zoning Adminis-
trator. Each application shall show the following:
15
1. Name and address of applicant.
16
2. The names and addresses of the officers, if
17 any, of the applicant.
18 3. The location(s) where the applicant intends to
sell fireworks.
19
4. The number of stands at which the applicant
20 intends to sell fireworks, as authorized by the Zoning
Administrator.
5. Such other information as the Zoning Adminis-
~ trator may require.
23 C. Permit Not Transferable. Any permit issued shall
be valid only for the premises or location(s) for which
24 issued, shall not be transferable, assignable, or re-
newable, and shall be valid only for the dates specified
25 in the permit.
~6~ D. Location Approval. Applicant shall submit plot plan
and location for temporary firework stands to the Zoning
27 Administrator. Firework stands shall be located in the
Industrial (M) District within the City of Tustin, and
28 shall be subject to a Conditional Use Permit; provided,
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1 however, due to the imminence of the July 4th holiday on
the date of the passage of this ordinance, applicants
2 for permits shall, in 1984, not be required to acquire a
conditional use permit, and shall only be subject to the
3 requirement of approval by the Zoning Administrator as pro-
vided in this article.
E. Investigation of Applications. The Zoning Adminis-
5 trator shall, immediately upon receipt of the application,
refer said application to the Fire Chief, who shall make
6 an investigation of the application and the facts contained
therein, and shall submit a report of his findings to
7 the Zoning Administrator.
8 F. Issuance of Permit. The Zoning Administrator shall
have the power, at its discretion, to deny or grant the
9 issuance of a permit for erection of a temporary stand,
and the sale of fireworks, based upon the report and
10 recommendation of the Fire Chief.
tl G. Regulations for Temporary Stands. All temporary
stands for the display and sale of fireworks shall be
12 located, maintained and operated subject to the following
provisions:
13
1. Permittee shall stricly comply with all the
14 provisions of Sections 12500 through 12725 of the Health
and Safety Code of the State of California.
15
2. Any person operating such stand shall abide
16 by and comply with all matters set forth in the application
for a permit to operate the same, and all conditions and
17 restrictions imposed by the Zoning Administrator in granting
the permit.
18
3. Prior to the erection of any temporary stand,
19 the Permittee shall procure public liability and property
insurance covering its operation in and about said stand
20 and premises in a minimum amount of $300,000.00 for death
or injury for one person, $1,000,000.00 for death or in-
21 jury to more than one person, and $100,000.00 property
damage. The permittee shall file a certificate of such
22 insurance with the City Clerk, naming the City as an
additional insured.
4. No fireworks display or stand shall be erected
2~ within 300 feet of any gasoline or service station property,
residence, church or school, nor within 100 feet of any
25 other structure. Minimum setback from the street curbing
shall be 10 feet.
5. There shall be installed and maintained in each
27 premises or stand within which fireworks are sold or
offered for sale, suitable fire extinguishers of the type
28 and number approved by the Chief of the Fire Department.
3
1 6. No person shall light or cause or permit to be
lighted, any fireworks or any other article or material
2 within any such stand, or within 100 feet thereof.
3 7. No smoking, open flame, or spark producing
devices shall be allowed in any structure used for the
4 sale or display of fireworks nor within 50 feet of said
structure. 'No Smoking' signs shall be prominently dis-
5 played in a number prescribed by the Fire Chief.
6 8. All temporary stands used for the display or
sale of fireworks shall be constructed in accordance with
7 the plans submitted by the applicant and approved by t'he
Zoning Administrator.
9. All temporary stands used for the sale or dis-
9 play of fireworks shall require an electrical permit from
the Building Department prior to any electrical work.
10
10. No arc or klieg lights shall be located within
11 100 feet of any temporary stand displaying or selling or
offering for sale fireworks.
11. Fireworks shall be sold only between the hours of
13 9:00 a.m. and 10:00p.m., during the days authorized by
the State Fire Marshall.
12. Fireworks shall be stored and kept in the
15 permittee's sale booth. It shallbe unlawful to store
any fireworks in any building, residence, garage, home
16 or automobile within the City.
17 13. There shall be at least one adult in attendance
during the open or sale hours of the fireworks stands.
18
14. No person under the age of 18 years shall be
19 allowed within the structure or display area. Those per-
sons within such stand shall be required to provide proper
20 identification upon the request of the fire authority.
21 15. The permittee shall provide an adult night watch-
man to act and serve during the hours of storage. Under no
~ circumstanaces shall the night watchman sleep within the
fireworks stand or within 25 feet thereof. No person
23 shall possess or consume any alcoholic beverages in or
about the fireworks stand or storage site.
16. All permits must be displayed in a conspicuous
25 place open to public view.
26 17. The permittee shall remove all weeds and com-
bustible material around the firework stand for a distance
27 of 50 feet.
~8 18. Portable generators shall not be permitted within
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1 50 feet of such stands.
2 19. Flammable liquids shall be prohibited within
the stand or within 50 feet thereof.
20. Each stand shall be equipped with a significant
4 number of trash containers to adequately contain the trash
generated from the operation of the stand; all containers
5 shall be metal, with lids.
6 21. Each authorized firework stand shall maintain
....... a sign, not less than nine '('9) square feet in
7 dimension, on each exterior wall, at the highest point
on the wall with a lettering at least three (3) inches
8 in height which reads as follows:
9 'THE POSSESSION, USE, OR DISCHARGE OF FIRE-
WORKS IS PROHIBITED WITHIN THE CITY LIMITS
10 OF THE CITY OF TUSTIN.'
(TCC SECTION 5133)
11
H. Severability. It is the intent of the City Council,
12 in adopting this Section 2, that should any work, clause,
or provisio.n hereof be found void or invalid by any
13 court for any reason, that the remainder hereof would
have been adopted notwithstanding the finding of such
14 court. Therefore, should any portion thereof be found
to be void or invalid, said portion shall be severed,
15 and the remainder shall remain valid and in full force."'
16 PASSED AND ADOPTED ata meeting of the City Council of the
City of Tustin, held this 4th day of June , 1984.
17
18
20 _~ ~. ~ /~"
Mayor
21
22
23 ATTEST:
25
26
27
28 -5-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of
the City Council of the City of Tustin is five; that the above and foregoing
Ordinance No. 913 was duly and regularly introduced and read at a regular meeting
of the City Co~il held on the 4th daN of June, 1984, and was given its second
reading and duly passed and adopted at a regular meeting held on the 4th daN of
June, 1984, as an urgenc)~ measure by the following vote:
AYES : COUNCILPERSONS: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli
NOES : COUNCILPERSONS: None
ABSENT: COUNCILPERSONS: None
M, Y E.r~W I~N,' "" ~leFk T~ _~ ....
PUBLISH TUSTIN NEWS:
June 14, 1984