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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. 1007/005/29423 vl 1 Of 8 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: F (a) "Fireworks" shall mean and include any fireworks, dangerous fireworks, exempt fireworks, pyrotechnic devices, safe and sane fireworks or 1007/005/29423 vl 2 Of 8 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. � i (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 � displays of fireworks in accordance with � State Fireworks Law. I i i (e) "Fire Chief' shall mean the Chief of the Los Angeles County Fire De partment or his/her duly authorized designee. i t (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. i i (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� i P 9, � � otherwise having legal control of the use of any real � property, building, lot, site or other venue in the City of i Carson from which a public display of fireworks is proposed." i 1007/005/29423 vl 3 of 8 j i i i 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. i 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: i "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 i 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 I Section 6. Section 3101.9, entitled "Public Display," of the Carson Municipal Code shall be amended, in its entirety, to read as follows: 1007/005/29423 vl 4 Of 8 "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: i (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. ! I (d) The application shall be filed with the Revenue Division at least two weeks prior to the public display of fireworks event. i (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. r i 1007/005/29423 vl 5 Of g 1 i' (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 i (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 a t the proposed venue in the City. a i 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. I (I} The application shall describe the proposed storage location for fireworks on the site and provide f an emergency response plan describing the ! resources available to the applicant and methods for i using such resources to respond to any emergency created by the proposed use of fireworks. t � (k) No pyrotechnic display shall be conducted I within five hundred feet (500) of any residence, 1 unless the applicant for the permit has first sent or had delivered written notification to all of the owners i i 1007/005/29423 vl 6018 I 1 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. ' 0 (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. i (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: � i "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. 1007/005/29423 vl 7 Of 8 PASSED, APPROVED, AND ADOPTED THIS 3rd DAY OF AUGUST 2004. f 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 � i i 1007i005n9423 vi 8 of 8