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Ordinance 1986-24 ORDINANCE NO. 86-24 ~N ORDINANCE OF THE CITY OF GILROY REGULATING THE SALE, USE AND STORAGE OF SAFE AND SANE FIREWORKS. THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: Safe and Saner Fireworks as defined by Section 12529 of the Health and Safety Code of the State of California may be sold within the City of Gilroy during tJ]e period beginning 9:00 A.M. July 1st ending at I0:00 o clDck P.M. on , t i 6 July 4th each year pursuant to the provisions of this ordinc~ce and not othe~5 se. S~CTIflN ~UNO: S~\LE OF FLRE~IDRKS - PERM/T Except as provid~d herein, no persons shall offer for sale cc sell at retail any fireworks of any kind without having first applied for and received a permit frown t~he City Fire DeparUnent. SEC~flON THt~CE: APPLICATICIN FOR A PERMIT All applications for a permit to sell fireworks shall: A. Be :fade in writing accor%~anied by a permit fee. B. Be made between the first business day and the last business day of April of each year. Set forth the proposed location of the fireworks stand. Be acconrpanied by an assurance that if the permit is issued to a[~plicant, applicant shall, at tJ~e time of receipt of permit, deliver to the Fire Chief a $500,000 ccrnbined single limits insurance certificate designating the City as an additional insured, and a copy of the recDJired licemse from the State Fire Marshal. '- Include a state~nt that the applicant agrees to couply strictly with the terms of any retail permit granted it and furnish any additional information upon request cf the City. SECTION ~DUR:, NOTICE OF GRAN'FIb[; OR RF~IN~ OF PEI~MIT 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. .. Applicants granted permits shall pay all required fees and provide proof of insurance by May 30th. ORDINANCE NO. 86-24 -1- FIVE: ~[I%LIFI~~ FOR ISSUANL~ OF I'~RMIT T?~ following q%~alifications mast be met by each applicant for a permit. ~} pennit s~ll be issued to any [~rsor~, fiz~n or co[potation except ncn-%~r~fit associations or c~q?~>ration~ organized primarily fo~ civic bette~nent or youth activitite.~. Each such organization must have its p~-incipal and permanent meeting place in the corporation limits of the City; must mai~%tain a bona fide membership of at least twer:ty ~,~:nbers; and, must have ~en organized a~d estag!ished in tl%e City's corporate iimits for a mini~in~ of one year continuously preceding the filigg of the a[yplication for the ~rmit. No organizaticn ~ay receive n~0re 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 maxin%m~ n~m~Der of pemnits which may be issued during any o~e calendar year shall not exceed one permit for each 2,250 residents of the City, or fraction thereof, based oa the latest census estimate. 'D. Organizations that r~et the require~nts of this ordinance and who we[~ issued a permit in 1986 shall be granted a permit to sell fireworks in subsequent years. Permits issued under this section and paragraph shall be for one sales stand. Once issued a permit to sell fireworks, an organization shall be granted a permit in subsequent years providing application is filed and all related requir~n~ents of the ordinance are met. Subject to "D" and "E" above, if the number of apDlications exceed t~he number of permits to be issued, the permits shall be granted by a random drawing supervised by the Fire Chief. S~YJFICN SIX: OPERATICN OF STAND A. No entity other than the permittee organization shall operate the stand for which t~he permit is issued ...... ' No person other thar~ the individuals who are members of the permittee organization, or the wives or husbands or adult children (over t8 year~ of age) of such ~NDers, shall sell or otherwise participate in the sale of fireworks at such stand. C. No persc~ shall be paid any consideration for selling or o~herwise participating in the sale of fir~'~orks at such stand. Retailers shall not sell' fireworks to anyone less than 18 years of age. ORDINANCE NO. 86-24 -2- Only koxed assortments packed by a wholesaler or Ir~nufacturer shall be sold by the retailer in the original package. Items suc.h as several boxes of sparklers of different colors are not considered a boxed assortment. A safety pamphlet on the use of "Safe and Se~e" fireworks furnished by the manufacturer shall be given by the seller to each p%zrchaser at the time of sale. Ail retail sales of Safe and Sane fireworks shall be D~rmitted only from within a te~ ~r~porary fireworks stand~ and sales from a:%y other building or structure is prohibited. Tem{~orary stands shall be subject to the following prov is io~%s: No f'lrewor~s' stand shall be located wi~]in 25 feet of any building, nor within 100 feet of any gasoline p~np. Fireworks star, ds need not com~.~ly with the provisions o£ the buildir~3 c~xle provided, however, that all stands shall be erected, %u%d~r t~he supervision of the Fire Chief, who shall rec~dire that stands be constructc~J in a :~nner that will reason%ably insure the safety of attendants ~d c~stc~.~rs. C. No st~nnd 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 2 - 2 1/2 gallon water pressure type fire extinguishers or 1 - 2 1/2 gallon water pressure type fire extingz~isher and 1 - 23k10BC rated dry chemical fire extinguisher in good working order and easily accessible for use in case of fire. .a~ll weeds and combustible material shall be cleared frown the location of the stand, including a distance of at least 50 feet surrounding the stand. "No Smoking" signs shall be pmominently displayed on the front, back, and sides of the fireworks stand. Each stand must have an adult in attendance and in charge while fireworks are sto~md therein. Sleeping or remaining in stand after close of business each day is forbidden. The sale of fi~mworks shall not begin before July 1st and shal'l~ not continue after !0:00 o'clock p.m. on t~he 4th of July. Hout~s of operation shall be limited to 9:00 o'clock a.m. to 10:00 o'clock p.m.~daily. A/1 unsold stock and accc~panying litter shall be removed from the location by 5:00 o'clock p.m. on the 5t~h day of July. ORDINANCE NO. 86-24 -3- The fireworks stand shall be removed from the temporary location by 8:00 o'clock p.m. on the t0tJl day of July. Prior to the issuan6e of a permit, each applicant shall file with the Fire De[kartm~,nt a cash deposit, certificate of deposit or a surety bcgd made payable to the City in the amount of $100.00 to assure compliance with the provisions of this ordinance. Such deposit, oertificate or bond shall be refundable upon compliance with the provisions and requirements of this ordinance, including bat not limited to the ren~pval o( 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, o~ cause the s~e to be done by other persons, and the reasonable cost thereof shall be a charge against the oe~.~ittee and his '~ ..... ; uu~,~o~t or surety The Pe~it Fee for selling fireworks within the City shall ~ .set by Council Re:~oiution. That fee must be paid at the ~' ~ is filed. ~l~. the application for a stand s~:cri¢~4 NLNE: TSMII)~%~XF~y SALES ~X ~T [~II~ Or0anization~ selli~ fireworks a~ r~irc-d to obtain a t~m~ra~ sales t~ ~-~nit fr~n the State ~ard of E~alization. ~ $!'.~YFILIN TEN: DISPLAY OF STA/]~ LI~E, CI'l~f PERMIT AND g~a,[~S TAX PERMIT State License and City Permit to sell fireworks, and temporapy sales tax. ~.~[~.it shall be displayed in a prominent place in the fireworks stand. SECFf~ ~h,~: P~C~IIBITICINS ON DISC]Ukt~E ,'&~ person shall lic~ht or cause to be lighted any fireworks cr othem o-~bustible material within any stand or within 50 feet thereof. It shall be unlawful for any person to ignite, e..~plode, project, or otherwise fire or use, or permit the ignition, explosion or projection of any fireworks upon, over, or onto t~e property of anoth~-~r, or to explode, nro~ect o ....... ~ -' ' : ignite - ~ ~ , ~ ou~rw~se rite or make use ~ ..... =-' - ' ' within 10 teet of any residence, d~elll ,~ ~u~y z~reworKs · ' " ' 'ng or other structure. s~xTriON T~ELVE: Safe and Sane Fireworks, may be stored within the City, pursuant to the following provisions: ORDINANCE NO. 86-24 -4- Buildings or parts of buildings used for the storage of Safe and Sane Fireworks shall be classified as Group. B, Division 2 occupancies, as provided in the Uniform Building Code, 1982 Edition, and shall meet the requiremsnts for such occupancies. However, under no condition shall any bailding 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 - Mo Sn'oking" in letters a minimum of four inches high, shall be conspicuously located throaghout the building. Fire extinguishers, of the water pressure type, shall be located so there is not more ~an 50 feet of travel to any fireworks storage. 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. If, in the judgn~nt of the City Fi~ Chief, the co~%struction of the stand or the conduct of the operations therein do not conform to the provisions of this ordir~%nce, such officer may order the stand inwnediately closed. SECTICN ~: PENALTIES Perso~m violating this ordinance shall be deemed guilty of a misder~eanor, and upon conviction, shall be punished by a fine not to exceed $500.00, or by impriscm~aent in the City or County jail for a period not exceeding 30 days, or both such fine and imPrisonment. All other ordinances and parts of ordinances in conflict herewith are hereby repealed. This ordinance shall take effect and be in full ORDINANCE NO. 86-24 -5- force thirty (30) days from and after its adoption and approval. PASSED AND ADOPTED this 1st day of December 1986, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILFfEMBERS: NONE COUNCILME~MBERS: NONE ATTEST: Ci~lerk ORDINANCE NO. 86-24 I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 86-24 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 1st day of December , 19 86 , at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 10th day of December 19 86 . (Seal)