HomeMy Public PortalAbout05) 7D 2012 Firework StandsCity Council
April 17, 2012
Page 2
5 . CHURCH OF THE NAZARENE YOUTH DEPARTMENT
9945 Las Tunas Drive (NWC Rowland/Las Tunas)
6. TEMPLE STATION SHERIFF EXPLORERS POST #250
4800 Temple City Boulevard (7-Eveven PILot on Temple City)
7. FIRST LUTHERAN CHURCH
5585 Rosemead Boulevard (Super A PILot)
8 . TEMPLE CITY HIGH SCHOOL BAND BOOSTERS
9441 Las Tunas Drive (NEC Las Tunas & Oak)
9. KNIGHTS OF COLUMBUS
5665 N. Rosemead Boulevard (K-Mart PILot)
10. TEMPLE CITY YOUTH FOOTBALL LEAGUE
6246 Rosemead Boulevard (7 -Eleven PILot on Rosemead)
11. TEMPLE CITY GRAD NITE
6328 Rosemead Blvd (Auto Zone PILot)
12. TEMPLE CITY AMATEUR SOFTBALL ASSOCIATION
94 70 Las Tunas Drive (Ralph's PILot)
ANALYSIS:
City Council approval of this request will allow the non-profit organizations/groups to
raise funds to support their respective activities .
CONCLUSION:
The City Council is requested to consider approval of the twelve (12) applications for
fireworks permits for the 2012 season .
A TT ACHMENT(S)
Temple City Municipal Code-Fire Code
RIV #4828-2861-6712 v1
3100 3101
CHAPTER 1
FIRE CODE
SECTION :
3100: Adoption
3101: Application To City
3102: Open Fires
3103: Fire Hydrants
31 04 : Enforcement Of Chapter
3105: Manufacture Of Fireworks
3106: Possession And Sale Of Fireworks
3107: Bond/Insurance Required For Permits
3108: Disposal Of Unused Fireworks
3109: Fireworks Used By Transportation Agencies
311 0: Seizure Of Goods In Violation Of Chapter
3111: Sal.e/Discharge Of Fireworks
3112: Unlawful Discharge
3113: Permit Application Procedure
3114: Qualifications Of Permittees
3115: Permit Application Filing
3116: Permit Application Contents
3117 : Operation Of Stands
3118: Sales From Designated Structures
3100: ADOPTION 1: The city of Temple City hereby adopts the
consolidated fire protection district of Los Angeles County
(district) fire code as the fire code for the city of Temple City. Said district
fire code is codified in title 32 of the Los Angeles County code. (Ord.
11-946)
3101: APPLICATION TO CITY: The city hereby adopts the Los
Angeles County fire department as the city fire department
and the county fire chief as the city fire chief . (1960 Code)
1. See also s ection 7110 of this c o de.
Marc h 2012
T emple City
3102
3102:
3105
OPEN FIRES: Section 27.101, reading as follows, is hereby
added to said ordinance 2947:
Section 27.101 . Open Fires.
There shall be excepted from this section :
A. The burning of charcoal, briquettes, natural gas or similar fuel, for
the purpose of cooking food products in containers or pits located in
yards of improved properties; and
B . The burning of wicks, lanterns or torches for lighting or ornamental
effects .
(1960 Code)
3103: FIRE HYDRANTS: All premises where buildings or portions
of buildings, other than single-family or duplex dwellings, are
hereafter constructed shall be provided as may be required by the chief
with approved fire hydrants connected to a water system capable of
supplying the fire flow required by the chief. Access to fire hydrants shall be
provided and maintained to accommodate firefighting apparatus. (1960
Code)
3104: ENFORCEMENT OF CHAPTER: All provisions of this chapter
shall be carried out and enforced in conjunction with the law
enforcement agency of the city and by the fire chief. The general super-
vision of conditions and equipment which aid in control of fire, conditions
constituting fire hazards or danger to life or property, and the abatement or
minimizing of such fire hazards or dangerous conditions shall be the
responsibility of the said fire chief. (1960 Code)
3105:
Marc h 2 01 2
MANUFACTURE OF FIREWORKS: The manufacture of
fireworks within the city is prohibited. (1960 Code)
Temple City
3106 3110
3106: POSSESSION AND SALE OF FIREWORKS: Except as
hereinafter provided, it shall be unlawful for any person to
possess, store, to offer for sale, expose for sale, sell at retail or use or
explode any fireworks; provided that the fire chief shall have power to adopt
reasonable rules and regulations for the granting of permits for supervised
public displays of fireworks. Every such display shall be handled by a
competent operator approved by said fire chief, and shall be handled by a
competent operator approved by said fire chief, and shall be of such
character and so located, discharged or fired as in the opinion of the fire
chief, after proper inspection, so as not to be hazardous to property or
endanger any person. Application for permits shall be made in writing at
least ten (1 0) days in advance of the date of ·the display. After such
privilege shall have been granted, sale, possession, use and distribution of
fireworks for such display shall be lawful for that purpose only. No permit
granted thereunder shall be transferable. (1960 Code)
3107: BOND/INSURANCE REQUIRED FOR PERMITS: The
permittee for a fireworks display, shall furnish a bond or
certificate of insurance in an amount deemed adequate by the city manager
for the payment of all damages which may be caused either to a person or
persons or to property by reason of the permitted display, and arising from
any acts of the permittee, his agents, employees or subcontractors. (1960
Code)
3108: DISPOSAL OF UNUSED FIREWORKS: The permittee for a
fireworks display, having any fireworks that are unfired after
the display is concluded shall immediately dispose of same in a way safe
for the particular type of fireworks remaining. (1960 Code)
3109: FIREWORKS USED BY TRANSPORTATION AGENCIES:
Nothing in this title shall be construed to prohibit the use of
fireworks by railroads or other transportation agencies for signal purposes
or illumination or the sale or use of blank cartridges for a show or theater,
or for signal or ceremonial purposes in athletics or sports or for use by
military organizations. (1960 Code)
3110: SEIZURE OF GOODS IN VIOLATION OF CHAPTER: The
fire chief shall seize, take, remove or cause to be removed at
the expense of the owner of same all stocks of fireworks offered or exposed
for sale, stored or held in violation of this code. (1960 Code)
Temple City
3111 3114
3111: SALE/DISCHARGE OF FIREWORKS: Safe and sane
fireworks as defined by section 12504 of the health and safety
code of the state of Californ ia may be sold and discharged w ithin the city of
Temple City during the period beginning twelve o'clock (12 :00) noon on
June 3 and ending at twelve o'clock (12:00) noon on July 5 of each year
and not otherwise. No other fireworks shall be sold or offered for sale or
discharged within the city. Safe and sane fireworks shall include on ly those
fireworks that have been classified and registered as "safe and sane" by the
state fire marshal. (1960 Code)
3112 : UNLAWFUL DISCHARGE: No person shall sell fireworks
within the city without first having applied for and received a
permit therefor in compliance with the terms of this code . (1960 Code)
3113 : PERMIT APPLICATION PROCEDURE: Upon receipt of
written application for a fireworks permit, the city manager
shall make an investigation and submit to the city council a report of his
findings and his recommendations for or against the issuance of a permit,
together with his reasons therefor. After receipt of such recommendations
and report, the city council shall have the power, in its discretion, to grant
or deny the application. Any permit granted by the city council may be
subject to such reasonable conditions and restrictions as may be imposed
by the city council and such conditions and restrictions shall be complied
with by the permittee . The city council shall require a cash deposit with the
city clerk in the sum of one hundred dollars ($1 00.00) for each twenty four
feet (24') in length or portion thereof, of the fireworks stand to be used by
the applicant as a condition of granting a permit. Such deposit shall be
refunded to the permittee upon compliance with all code provisions , but
such deposit shall be forfeited and retained by the city in the event of
noncompliance. (1960 Code)
3114 : QUALIFICATION OF PERMITTEES:
A . No permit shall be issued to any person except nonprofit
associations or corporat ions organized primarily for veteran,
patriotic, welfare, civic betterment or charitable purposes. Each such
organization must have its principal and permanent meeting place in
the city and must have been organized and established in the area
that is within the city for a minimum of two (2) years continuously
preceding the filing of the application for the permit and must have a
bona fide membership of at least twenty (20) members.
Temple City
3114 3115
B. Every stand shall submit to the city by October 30 of each year, a
copy of the state board of equalization's state, local and district
sales and use tax return from the operation of the fireworks stand for
the prior July. Failure to do so shall result in the following :
1. Unable to get a permit for the following year; and
2. The deposit placed with the city shall be held until such time the
report is filed but no longer than one year from the due date, at
which time the deposit is thereby forfeited to the city.
C. In calendar year 1997, fireworks permits shall be issued only to
those organizations that held fireworks permits in calendar year 1996
and fully complied with all requirements attached thereto.
3115:
Should any 1996 fireworks permittee fail to apply or qualify for a
fireworks permit in any succeeding year, the number of issued
permits shall be reduced by the number of organizations so failing to
apply or qualify. The number of issued permits shall continue to be
reduced in this manner until the target number of twelve (12) issued
fireworks permits is reached.
Should the number of qualified permit applicants drop below the
number twelve (12), permit applications will be considered in the
order received to meet but not exceed twelve (12) fireworks permits
in any given year. (1960 Code; amd . Ord. 91-691 ; Ord. 96-792)
PERMIT APPLICATION FILING: Applications for such
permit:
A. Shall be made in writing .
B. Shall be accompanied by a current roster of members .
C. Shall be filed with the city manager between January 1 and March
31 of each year.
D. Shall set forth the proposed location of any and all fireworks stands
applied for, and the length thereof .
E. Shall be accompanied by a certificate of insurance in the amount of
one million dollars ($1 ,000,000.00) public liability with an
endorsement attached to the policy designating the city of Temple
City as additional insured.
Temple City
3115 3117
F. Shall be accompanied by a nonrefundable permit fee as set and/or
modified by resolution of the city council.
G. Applicants for any such permits shall be notified by the city manager
of the granting or rejection of their application for permit on or before
May 1 of each calendar year.
H. Upon approval of permit, applicant shall be issued a separate
temporary business license. The fee shall be waived by the city
council. (1960 Code; amd . Ord. 92-715; Ord. 96-792)
3116 : PERMIT APPLICATION CONTENTS: Each such application
shall show the following:
A. Name and address of applicant.
B. The applicant's status as a nonprofit organization.
C. The name and address of the officers, if any, of the appl icant.
D. The location where the applicant will sell fireworks.
E. When the applicant was organized and established .
F . The location of the applicant's principal and permanent meeting
place.
G . The applicant's state board of equalization sales tax permit number.
(1960 Code)
3117: OPERATION OF STANDS : The following regulations shall be
complied with in the operation of fireworks stands :
A. No person other than the licensee organization, its members and
members of their families, shall operate the stand for which the
license is issued, or share or otherwise participate in the profits of
such stand. No assignment or licensing or other use of the permit
may be perm itted .
B. No person other than the individuals who are members of the
licensee organization, or the spouses or adult children of such
members, shall sell or otherwise participate in the sale of fireworks
at such stand.
T empi£ City
3117 3118
C. No person shall be paid consideration for selling or otherwise
participating in the sale of fireworks at such stand .
D. Each person, group or organization shall be limited to one permit per
year and each permit shall be limited to one stand. (1960 Code)
3118: SALES FROM DESIGNATED STRUCTURES: All retail sales
of safe and sane fireworks shall be permitted only from within
a temporary fireworks stand and the sale from any other building or
structure is hereby prohibited . Such temporary stands shall be subject to
the following provisions:
A. Fireworks stands need not comply with the provisions of the building
code of the city provided, however, that all stands shall be erected
under the supervision of the inspector who shall require that stands
be constructed in a manner which will reasonably ensure the safety
of attendants and patrons, and any stands constructed shall obtain
an electrical permit from the city.
B . If, in the judgement of the fire department and the building inspector
of the city, the construction of the stands or the conduct of the
operators therein do not conform to the provisions of this code, such
officers, or either of them, may order the stands immediately to
close.
C. No person shall be allowed in the interior of the stand except those
directly employed in the sale of fireworks.
D . There shall be at least one supervisor, twenty one (21) years of age
or older, on duty at all times. No person under eighteen (18) years of
age shall be allowed inside the booth at any time.
E. No fireworks shall remain unattended at any time regardless of
whether the fireworks stand is open for business or not. No person
shall sleep in the stand.
F. No stand shall be placed closer than twenty five feet (25') to any
other building.
G. "NO SMOKING" signs shall be prominently displayed both inside and
outside the stand. No smoking shall be permitted within the stand, or
within fifteen feet (15') of the stand.
Temple City
3118 3118
H. All weeds and combustible material shall be cleared from the
location of the stand. No rubbish shall be allowed to accumulate in
or around any fireworks stand , nor shall a fire nuisance be permitted
to exist.
I. No stand shall be erected before June 15 of any year. The prem ises
on which the stand is erected shall be cleared of all structures and
debris within seventy two (72) hours after midnight of July 4.
J . All stands must be equipped with at least one fire extinguisher, type
2A, for each ex it in the stand , which fire extinguishers must be
approved as to efficiency and safety by the fire department.
K . Each stand in excess of twenty feet (20') in length must have at least
two (2) exits and each stand in excess of forty feet (40') in length
must have at least three (3) exits spaced approximately equidistant
apart, provided however, that in no case shall the d istance between
exits exceed twenty feet (20').
L. No stand shall be constructed with a depth of more than twelve feet
(12').
M. "No Drinking of Alcoholic Beverages" signs shall be prominently
displayed both inside and outside the stand . No drinking of alcoholic
beverages shall be permitted within the stand, or within fifteen feet
(15') of the stand; nor shall any person handling or selling fireworks
be under the influence of alcohol or any other controlled substances ;
nor shall any alcoholic beverages or controlled substances be
contained within the stand. (Ord . 85-563)
Temple City