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Ordinance 1998-09ORDINANCE NO. 98-9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CHAPTER 10A OF THE GILROY CITY CODE REGULATING THE SALE, USE AND STORAGE OF SAFE AND SANE FIREWORKS WHEREAS, Chapter 10A of the Gilroy City Code regulates the local retail sale, use and storage of"safe and sane fireworks" as defined in Section 12529 of the Health and Safety Code of the State of California; and WHEREAS, the Gilroy Fire Cl-fief has directed city staff to review Ordinance No. 86-24 § § 1 through 14 in order to determine whether changes and updates are advisable; and WHEREAS, upon review, City Fire Department staff believe certain substantive revisions to Ordinance Number 86-24 are necessary and appropriate in order to better protect the public health, safety and welfare, and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: The amendments to Chapter 10A of the Gilroy City Code contained in the Revised Ordinance of the City of Gilroy Regulating the Sale, Use and Storage of Safe and Sane Fireworks, attached hereto as Exhibit A and incorporated herein by this reference, should be and hereby are approved, and said Revised Ordinance is hereby adopted. /// /// ~SD\407858.01 - 1 - 81-041004706002 ORDINANCE NO. 98-9 If any section, subsection, subdivision, paragraph, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each and every provision h~rein, irrespective of the possibility that one of more provisions might be declared invalid. Ali other ordinances and parts of ordinances in conflict herewith are hereby repealed. This ordinance shall take effect and be in full force thirty days from and after its adoption and approval. PASSED AND ADOPTED this 27th day of April, 1998 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, GILROY NONE SUDOL APPROVED: ATTEST: Rhonda Pellin,'City Clerk K.A. Mike Gikoy, ayor ! \MSD\407858.01 - 2 - 81-041004706002 ORDINANCE NO. 98-9 E~hibit A AN ORDINANCE OF THE CITY OF GILROY REGULATING ~ SALE, USE AND STORAGE OF SAFE AND SANE FIREWORKS SECTION ONE: SALE AND USE Safe and Sane Fireworks as defined by Section 12529 of the Health and Safety Code of the Sate of California may be sold within the City of Gilroy during the period beginning 9:00 am, July Ist, ending at 10:00 pm on July 4th each year pursuant to the provisions of this ordinance and not otherwise. SECTION TWO: SAI''E OF FIREWORKS - PERMIT Except as provided herein, no persons shall offer for sale or sell at retail any fireworks of any kind without having first applied for and received a permit issued by authority of the Fire Chie£ SECTION THREE: APPLICATION FOR A PERMIT Alt applications for a permit to sell fireworks shall: Be made in writing accompanied by a permit fee. B.Be made between the first business day and the last business day of April of each year. C.Set forth the proposed location of the fireworks stand. D. Be accompanied by an assurance that a $1,000,000 combined single limits insurance certificate designating the City as an additional insured, and a copy of the required license from the State Fire Marshal shall be provided to the Fire Chief prior to issuance of a permit. E. Include a statement that the applicant agrees to comply strictly with the terms of any retail permit granted it and furnish any additional information upon request of the City. SECTION ]FOUR: NOTICE OF GRANTING OR REJECTING OF PERMIT A. Applicants for a permit shall be notified in writing by the Fire Chief by May 15th of the granting or rejection of such application for a permit. B. Applicants granted pm~.its shall pay all required fees, provide proof of insurance and submit all other required documents by May 30th. SECTION FIVE: QUA!,WICATIONS F°R ISSUANCE OF PERMIT The following qualifications mgbe met by each applicant for a permite A. NO permit shall be issued to any person, firm or corporation except non-profit associations or corporations organized primarily for civic betterment or youth activities in Gilroy. B. Each such organization must have its principal and permanent meeting place in the corporation limits of the City; must maintain a bona fide membership of at least twenty members; and must have been organized and established in the City's corporate limits for a minimum of one year continuously preceding the filing of tlie application for the permit. C. No organization may receive more than one permit for fireworks sales during any one calendar'year. One permit may be issued to two or more qualifying applicants as a joint venture. The maximum number of permits which may be issued during any one calendar year shall not exceed 16 permits. D. ' Subject to the provisions of paragraph (E), below, an organization that received a pemfit to sell fireworks pursuant to this ordinance in 1986 shall be issued a permit to sell fireworks in succeeding years if an application is filed and all requirements of this ordinance are met, provided that since 1986 and in each successive year since then through the date of its application and without interruption, the organization has operated a fireworks retail sales stand in the City of G-ikoy pursuant to a validly- issued permit. A permit issued under this section and paragraph shall cover only one (1) retail sales stand. Nothing in this section shall prevent the Fire Chief or his designee from revoking a permit for just cause where a fire nuisance exists or where personal injury is threatened. E. Subject to the right of organizations that have continually operated retail stands pursuant to a valid permit since 1986 to continue to do so provided they meet the requirements of this ordinance and of paragraph (D), above, if the number of proper applications exceed the number of permits to be issued in given year, the permits shall be granted by a random drawing supervised by the Fire Chief. SECTION SIX: OPERATION OF STAND No entity other than.the permittee organization shall operate the stand for which the per, cdt is isSUed. Only adults (18 years and over) approved by the permittee organization shall sell or otherwise participate in the sale of fireworks at such stand. Persons less than 18 years old shall not handle or sell fireworks, nor shall they be allowed into the sales booth. Notwithstanding the prohibitions in the last sentence, persons less than 18 years old may bzndle fireworks solely for the purpose of loading and unloading fireworks from 2 the stand at ~eginning and end of the day, as lont~they are supe~ised I;y a responsible No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at such stand. D. Retailers shall not sell fireworks to anyone less than 18 years of age. It shall be the responsibility of the seller to provide detached signage. Such signage shall be no less than 2' x 4' in size with lettering ~ot to be less than 4 inches high. Language used on the sign shall be approved by the CNef. 'The signage shall "notice" buyers that Safe and Sane fireworks are not allowed in any other city or unincorporated areas of Santa Clara County. Only boxed assomnents packed by a wholesaler or manufacturer shall be sold by the retailer in the original package. Items such as several boxes of sparlders of different colors are not considered a boxed assortment. In no case shall ground blooming flowers or similar items that, when ignited, actively move along the ground in random dkections, be included in a boxed assortment. A safety pamphlet on the use of "Safe and Sane" fireworks furnished by the manufacturer shall be given by the seller to each purchaser at the time of sale. SECTION SEVEN: GENERAL REQUIREMENTS All retail sales of Safe and Sane fireworks shall be permitted only from within a temporary fireworks stand and sales from any other building or structure is prohibited. Temporary stands shall be subject to the following provisions: No fireworks stand shall be located within 25 feet of any building, nor within 100 feet of any gasoline pump. Fireworks stands need not comply with the provisions of the building code provided, however, that all stands shall be erected in a manner that will reasonably insure the safety of attendants and customers. C. No stand shall have a floor area in excess of 400 square feet. D. Each stand 200 square feet or mOre must have at least two exits. Each stand shall be provided with two (2) 2 1/2 gallon water pressure type fire extinguishers or one (1) 2 1/2 gallon water pressure type fire extinguisher and one (1) 2A10BC rated dry chemical fire extinguisher in good working order and easily accessible for use in case of fire. All weeds and combustible material shall be cleared from the location of the sta~d, including a distance of at least 50 feet .surrounding the stand. '~No Smoking" signs shall be prominently displayed On the front, back, and sides,of the fireworks Od. Each stand must have an adult in attendance and in charge while fireworks are stored therein. Sleeping or remaining in stand after dose of business each day is forbidden. The sale of fireworks shall not begin before 9:00 am July 1st and shaIl not continue after 10:00 pm ontha 4th &July. Fireworks booth hours of operation shall be limited to 9:00 am to 10:00 pm daily. All unsold stock shall be removed from the booth each night and shall be stored in a location approved by the Fire Chief or his designee. L. All litter shall be removed from the booth location by 5:00 pm on the 5th day of July. The fireworks stand shall be removed from the temporary location by 8:00 pm on the 10th day of July. Prior to the issuance of a permit, each applicant shall file with the Fire Chief a cash deposit, certificate of deposit or a surety bond made payable to the City in the amount of $100.00 to assure compliance with the provisions of this ordinance. Such deposit, certificate or bond shall be refundable upon compliance with the provisions and requirements of this ordinance, including but not limited to the removal of the stand and the cleaning of the site. In the event the permittee does not so comply or remove the stand or clean the site, in the manner required by the Fire Chief, the City may do so, or cause the same to be done by other persons, and the reasonable cost thereof shall be a charge against the permittee and his deposit or surety bond. SECTION EIGHT: PERMIT FEE The permit fee for selling fireworks within the City shall be set by Council resolution. That fee must be paid at the time the application for a stand is filed. SECTION NINE: TEMPORARY SALES TAX PERMIT REQUIRED Organizations selling fireworks are required to obtain a temporary sales tax permit from the State Board Of Equalization. SECTION TEN: DISPLAY OF STATE LICENSE, CITY PERMIT, SALES TAX PERMIT, AND CITY REQUIRED POSTERS State license and city permit to sell fireworks, and temporary sales tax permit shall be displaYed in a prominent place in the fireworks stand. Additionally, the Fire Chief may require the d~splay of certain regulatory posters, including but not limited to those described in this ordinance. 4 s :crIo?, l om mo s msc'maG] No person under 18 years 0rage shall light or cause to be lighted any fireworks or other combustible material. No person shall light or cause to be lighted any fireworks or other combustible material within any stand or within 50 feet thereo£ It shall be unlawful for any person to ignite, explode, project, or otherwise fire or use, or permit the ignition, explosion or projection of any fireworks upon, over, or onto the property of an0ther, or to ignite, explode, project, or otherwise fare or make use of any fireworks within 10 feet of any residence, dwelling or other structure. It shall be unlawful for any person to ignite, explode, project, or otherwise fire or use, or permit the ignition, explosion or projection of any fireworks from midnight July 5 to midnight ]rune 30. SECTION TWELVE: STORAGE Safe and Sane fireworks may be stored within the City, pursuant to the following provisions: Buildings or pans of buildings used for the storage of Safe and Sane Fireworks shall be classified as Group S, Division 1 oc~upandes, as provided in the Uniform Building Code, 1994 Edition. Under no condition shall any building or parts of buildings be used that are not provided with an automatic sprinkler system. Buildings or parts of buildings used for storage shall meet the zoning requirements of the City. Signs with the wording "Fireworks - No Smoking" in letters a minimum of four inches high, shall be conspicuously located throughout the building. Fire extinguishers, of the water pressure type, shall be l'ocated so there is not more than 50 feet of travel to any fireworks storage. -E. Stacks of merchandise shall be limited in size to 12,000 cubic feet, and each stack shall be separated from other stacks by eight feet wide aisles. Height limitations shall be consistent with storage practices. SECTION THIRTEEN: NON-COMPLIANCE If, in the judgment of the Fire Chief, Fire Marshal, Duty Chief, or other designated officer, the construction of the stand or the conduct of the operations therein do not conform to the provisions of this ordinance, such officer may order the stand immediately closed. 5 SECTION FOURTEEN: PENALTIES be punished by a fine not to exceed $500.00, or by imprisonment in ~he City or County jail for a ' period not exceeding 30 d~y~, or both such fine ~nd imprisonment. I, RHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 98-9 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 27th day of April, 1998, at which meeting a quorum was presem. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 6th day o£May, 1998. (Seal)