HomeMy Public PortalAbout04-1307 ORDINANCE NO. 04-1307
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARSON, CALIFORNIA, AMENDING
CERTAIN FIREWORKS REGULATIONS
CONTAINED IN SECTION 3101 OF THE CARSON
MUNICIPAL CODE, INCLUDING VARIOUS
SUBSECTIONS THEREUNDER
WHEREAS, the City of Carson ("City") has received and anticipates
receiving applications for the display of fireworks and other pyrotechnic devices
by one of more community-based, private, and commercial groups, business, or
entities; and
WHEREAS, Carson Municipal Code section 3101, and various
subsections hereunder, regulate the manufacture, construction, production,
packaging, storage, sale, exchange, discharge and use of fireworks. within the
City of Carson; and
WHEREAS, the City Council finds and determines that there is a need to
revise certain provisions of the municipal code relating to the display and
discharge of fireworks, and to clarify under what circumstances fireworks may be
sold, stored or publicl isp la yed and what requirements and existing fees apply
to such sale, storage or public displays to avoid a threat to ublic p peace, health
and safety from the unregulated use of fireworks;
WHEREAS, the City Council further wishes to provide an administrative
procedure or protocol for the consideration and approval of a limited annual
public displays of fireworks, provided specific criteria are met and a Fire
Marshall permit is obtained for such display; and
WHEREAS, on June 1, 2004, the City Council of the City of Carson held a
duly noticed public meeting to consider the proposed amendment to certain
subsections under Carson Municipal Code section 3101, considered any written
comments, public input concerning the amendment as proposed by Finance
staff; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council hereby finds that the foregoing Recitals to this
Ordinance are true and correct.
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Section 2. The City Council hereby finds and determines that:
1. There has been a significant increase in the number of applications
submitted and expected for the use and display of fireworks in the
City.
2. The unregulated use, storage or display of fireworks in the City
have a negative impact, most notabl fire and safe hazards
Y ty on
persons using, storing or viewing displays of fireworks adjacent as '
well as adjacent properties, including but not limited to residential
properties.
3. The adoption of appropriate regulations for the use storage and
display of fireworks in the City will serve to reduce the potential for
such negative impacts on the community and provide adequate
controls needed to protect the peace, health and safety of persons
or property involved with or adjacent to their use, storage or
display.
4. There is a need to establish and clarify the application requirements
for persons wishing to publicly display fireworks in the City of
Carson.
5. The City Council does not propose changing the existing
application fees in the proposed revisions to the ordinance herein,
but seeks to clarify their application.
6. The existing application fees are based on the estimated amount
required by the City to provide the services for which the fees are
charged.
Section 3. Anew section 3101.05, entitled "Definitions," shall be added to the
Carson Municipal Code immediately following section 3101.0 and immediately
preceding section 3101.1, which new section 3101.05 shall read, in its entirety,
as follows:
"§ 3101.05 Definitions.
The following definitions shall apply to the
provisions of CIVIC 3101, including all subsections
thereunder:
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(a) "Fireworks" shall mean and include any
fireworks, dangerous fireworks, exempt fireworks,
pyrotechnic devices, safe and sane fireworks or
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special effects as defined in Sections 12505, 12508,
12511, 12526, 12529 and 12532 of the Health and
Safety Code of the State of California, or any
successor provisions thereto. �
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(b) "Permit" shall mean the nontransferable
permission granted by the City for the urDose p of
establishing and maintaining a place where fireworks j
are manufactured, constructed, produced, packaged,
stored, sold, exchanged, discharged or used. �
(c) "Public display of fireworks" shall mean a
public or private event where persons are admitted or
permitted to view an entertainment feature involving
the display or discharge of dangerous fireworks.
(d) "Pyrotechnic operator" sha{I mean the person j
who supervises, directs or is responsible for '
performing the ignition, discharge or display of any
fireworks or the use of any open flame device and
holds a duly issued public display license by the �
California State Fire Marshal to perform public
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displays of fireworks in accordance with �
State
Fireworks Law.
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(e) "Fire Chief' shall mean the Chief of the Los
Angeles County Fire De partment or his/her duly
authorized designee.
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(fl "Fire Marshal ermi p t" shall mean a permit
issued by the California State Fire Marshal for the
public display of fireworks in accordance with the j
State Fireworks Law.
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(g) "State Fireworks Law" shall refer to California
Health and Safety Code sections 12500 et seq. and
Title 19 of the California Code of Regulations, at
Chapter 6.
(h) "Venue operator" shall mean an
owning, leasing, renting, managing, operating,atinerso�
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� otherwise having legal control of the use of any real �
property, building, lot, site or other venue in the City of
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Carson from which a public display of fireworks is
proposed."
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Section 4. Section 3101.7, entitled "Wholesale Permit," of the Carson
Municipal Code, shall be amended to add a new, introductory sentence at
the beginning of its P rovisions and immediately before subsection a
therein, which introductory sentence shall read, in its entire follows( )
ty, as '
with all remaining provisions of Section 3101.7 remaining unmodified and
in full force and effect: �
� "Section 3101.7 Wholesale Permit.
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No person shall engage in the P os ession and
wholesale distribution of is and sane fireworks"
within the City of Carson without having first applied
for and received a license pursuant to CMC 6310 and
wholesale permit pursuant to the provisions of this
section: . . . ."
Section 5. Section 3101.8, entitled "Storage of Fireworks "
Carson Municipal Code shall be amended as to the entiret f the
introductory paragraph to read, in its entirety, as follows, with all re o the remaining
provisions of Section 3101.8 remaining unmodified and in full force and
effect:
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"Section 3101.8 Storage of Fireworks. i
It shall be unlawful to t ore any fireworks in any
residence, home, garage, or automobile within the
City of Carson. It shall also be unlawful to store any
fireworks in any building or other place within the City
of Carson without having first applied for and received
a license pursuant to CMC 6310 and a permit therefor
pursuant to the provisions of this section from the City
Council. An application for such a permit shall be
filed with the City Council along with payment of a
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non-refundable application fee of $150.00 and the j
City Council shall cause an investigation to be made
of the place where it is proposed to store such
fireworks. Notwithstanding the foregoing, storage of
fireworks in connection with a public display of
� fireworks b a
y pyrotechnic operator shall be governed
by permit issued under 3101.9. . .." E
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Section 6. Section 3101.9, entitled "Public Display," of the Carson
Municipal Code shall be amended, in its entirety, to read as follows:
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"Section 3101.9 Public Display.
No person shall engage in the public display of
fireworks within the City of Carson without having first
applied for and received a license r pusuant to CMC
6310 and permit pursuant to the provisions of this
section. Upon application by a pyrotechnic operator
or venue owner for one or more public display events
(to an annual maximum of six public display events
per venue), an authorized representative of the City's �
Finance Department shall grant a permit provided all i
of the following criteria are met:
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(a) Such display(s) shall not take place on Monday
through Thursday, unless the day falls on the fourth
day of July. Any request for public displays at any
other times shall be sub'ect to the approval pproval of the City j
Council within its di scretion.
(b) The public display of fireworks shall be
performed by a pyrotechnic operator holding a current
and valid Fire Marshal license for the public display of
fireworks under Health and Safety Code Sections
12575, 12576 or 12577.
(c) The applicant shall file a written application on
a form provided by the City for such permit
accompanied by a nonrefundable application fee in
the amount of$150 for each event. !
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(d) The application shall be filed with the Revenue
Division at least two weeks prior to the public display
of fireworks event.
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(e) The application shall be accompanied by an
insurance certificate for public liability and property
damage insurance in the amount not less than #
$1,000,000, and proof that workers' compensation
insurance is carried for all employees in compliance
with Labor Code Section 3700. Such policy shall be
issued by a corporate insurance company authorized
to conduct business in the S
tate of California, and
shall name the City, its officers and employees as j
additional insureds.
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(fl The application shall set forth the name,
principal place of b
usiness and telephone number of
the applicant Pp the names and addresses of its
principal partners, owners or officers, the name,
residence address, and capacity of the person signing
t� the application and the name and address of the !
venue operator. f
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(g) The application shall set forth the dates and
hours of operation, including the schedule for set up {
and testing along with the name and contact
information for the State Fire Marshal assigned to
oversee the public display of fireworks event. The
application shall certify that the P ublic d is la of
fireworks shall not occur after 11:00 p y
approved date. P•m• on any
(h) The application shall be accompanied by
copies of the rote py chnic operator's permit issued by
the State Fire Marshal or Fire Chief, as applicable,
conduct the proposed public display of fireworks� to
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the proposed venue in the City. a
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i) The application shall be accompanied by a i
diagram of the grounds on which the display is to be
held approved by the State Fire Marshal or Fire Chief,
as applicable, showing the point at which the
fireworks are to be discharged, the location of all
buildings, roads, and other means of transportation,
the lines behind which the audience will be restrained,
the location of all nearby trees, telegraph or telephone
lines, or other overhead obstruction.
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(I} The application shall describe the proposed
storage location for fireworks on the site and provide
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an emergency response plan describing the !
resources available to the applicant and methods for
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using such resources to respond to any emergency created by the proposed use of fireworks.
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� (k) No pyrotechnic display shall be conducted I
within five hundred feet (500) of any residence,
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unless the applicant for the permit has first sent or
had delivered written notification to all of the owners
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or tenants of any residence within a five hundred foot
(500') radius of the discharge site.
(�) Any duly approved permit shall be displayed at
all times on the premises of the venue operator. '
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(m)
P
ursuant to CMC 6343, the Director of Finance
may make regulations and interpretive rules to
implement and enforce the provisions of this Chapter.
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(n) The applicant shall certify to the truth of all
matters in the application. The City may refuse to
issue or revoke any permit for the public display of
fireworks at any time upon discovery of any
misrepresentation or false statement in the application
or failure by the applicant to meet the requirements of
this section 3101.9."
Section 7. Sect
ion 3101.10, entitled "Penalties " of Municipal. Code, shall be amended to add a new ara ra h the C arson
after the second paragraph t hereto to read, in its entirety, as follows
mediately
all remainin tY� , with
g provisions of Section 3101.10 remaining unmodified and in
full force and effect: �
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"Section 3101.10 Penalties.
Any'person violating the provisions of CMC 3101.7 to
3101.9 shall be subject to a penalty of $250 for a first
time violation, and thereafter, $500 for each additional
violation of such P rovisions. Any p e rson found to
have violated the provisions of CMC 3101.7 to 3101.9
more than two (2) times shall be prohibited from
applying for any permit or license under CMC 3101.7
to 3101.9 for a period of one (1) year."
Section 8. Except as expressly mod ified herein, all other and remainin
provisions of Section 3101, including the various subsections hereunder, shall
remain unmodified and in full force and effect.
Section 9. The City Clerk shall certify to the adoption of this Or dinance, and shall
cause the same to be posted and ublished i
P n the manner required by law.
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PASSED, APPROVED, AND ADOPTED THIS 3rd DAY OF AUGUST 2004.
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Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM: I
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON �
I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole
number of members of the City Council of said City is four; that the foregoing ordinance, being Ordinance �
No. 04-1307 passed first reading on March 3, 2004, was duly and regularly adopted by the City Council of �
said City at a regular meeting of said Council, duly and regularly held on the 3rd day of August, 2004, and
that the same was passed and adopted by the following roll call vote:
AYES: COUNCIL MEMBERS: Mayor Dear, Calas, Santarina and Rijiz-Raber I
MNOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None I
ABSENT: COiJNCIL MEMBERS: None
City Clerk, City of Carson, jalifornia �
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