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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