HomeMy WebLinkAboutOrd 1220ORDINANCE N0. 1220
ORDINANCE LIMITING FIREWORKS SALES TO NON-PROFIT
ORGANIZATIONS
RESOLVED by the CITY COUNCIL of the City of Burlingame
(as follows:
Section 1
Section 17.04.130 of the Burlingame Municipal
Code is hereby amended to read as follows:
"17.04.130
Amendment of Chapter
78 -
Manufacture,
"!sale and distribution
of fireworks.
Article
78 of the Uniform
''';Fire Code is amended to read as follows:
ARTICLE 78
FIREWORKS
Section 78.101 DEFINITIONS
For the
purposes of
this article,
the words, and phrases
"fireworks," and
"safe and sane
fireworks"
shall have the re-
spective meanings
ascribed to
them in Sections 12500 et seq.
of the Health and
Safety Code
of the State
of. California.
Section 78.102 PROHIBITIONS
(a) The manufacture of fireworks is prohibited within the
.:...jurisdiction.
(b) No person shall possess, sell, deliver, deal in, use,
explode or fire, or cause to be used, exploded or fired, any form
'of
`(c) -.The possession, sale;_ delivery, dealing
fireworks
designated
as 'dangerous
fireworks' by Section 12505
of
the Health
and Safety
Code of the State
of California.
''exploding or firing
of any form of
fireworks designated as 'safe
and sane fireworks'
in, use,
of
the Health and Safety Code
of the State of California is expressly
permitted, except as
''exploding or firing
of any form of
fireworks designated as 'safe
and sane fireworks'
by Section 12529
of
the Health and Safety Code
of the State of California is expressly
permitted, except as
limited by this article.
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Section 78.103 EXCEPTIONS
Nothing in this article shall be construed as prohibiting
the use of torpedoes, flares, or fuses by railroads or other
transportation
agencies
for signal
purposes of illumination; or
the sale or use
of blank
cartridges
for ceremonial purposes,
',athletic, or sports events or military ceremonials or demonstrat-
'':ions; or the sale, discharge or display of fireworks by permittee
having a permit as hereinafter provided; or the use and display of
fireworks of whatever nature by any person engaged in the product-
ion of motion pictures, theatricals, or operas when such use and
display is a necessary part of such production; or the transport-
ation of fireworks through the City in regular course, and in
',original packages or containers from any point outside of the
'',City to any other point outside the City.
Section 73.104 PUBLIC DISPLAY OF FIREW
0RK5 - PERI•lIT REQUIRED
Any person desiring to hold a public display of fireworks
(within the City shall submit an application for permit to the Fire
Prevention Bureau at least 10 days in advance of the display.
After such privilege shall be granted, sale possession, use and
distribution of fireworks for such display shall be lawful for
that purpose only. No permit granted hereunder shall be transfer-
able.
The Bureau shall have power to adopt reasonable rules
and regulations for granting of permits for supervised public
displays of fireworks by a jurisdiction, fair association, amuse-
ment park or other organization for the use of fireworks by
artisans in pursuit of their trade. Every such use or display
shall be
handled
by a
competent
operator approved
by the
Bureau ',
and shall
be of
such
character
and so located, discharged
or fired
as in the opinion of the Bureau shall not be hazardous to persons
or property.
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The permittee shall furnish a bond or certificate of
insurance in an amount deemed adequate by the Bureau for the
payment of all damages which may be caused to a person or persons
or to any property by reason of the permitted display and arising
from any acts of the permittee, his agents, employees or sub-
contractors,
All fireworks that remain unfired after the display is
concluded shall be immediately disposed of in an approved manner
for the particular type of fireworks remaining
Section 74.105 PERMITS TO SELL SAFE AND SANE FIREWORKS
�a) Alzy non-profit organization desiring to sell or to
offer for sale safe and sane fireworks shall first make a written
'j,�application to the Fire Prevention Bureau for a permit to sell
fireworks at a fireworks stand.
(b) The application shall state the name of the applicant,
the address of the organization, and it's principal or permanent
ing place. The application shall be accompanied by a letter
'or certificate from the State Franchise Tax Board which will show
,that the applicant is exempt from the payment of the Bank and
Corporation Tax by Section 23701, (b), (d), (f), (g) or (1) of
the
State Revenue and Taxation Code.
(c) The application shall state the date and time on
it is proposed that fireworks be sold, which in no event
;shall be for any period of time not within 12:00 noon on June 28th
to 12:00 noon on July 5th of each year.
(d) The application shall set forth the proposed location
of the fireworks stand, including a map or plot plan of the lot or
emises on which the stand is CO
be located depicting the stand
and other structures on the premises. Any such stand must be
'..!located on
private
property,
located within commerically
record or
zoned
districtsY
and must
otherwise
conform to zoning
and other
applic-
able laws
and
regulations.
The written permission of the owner of
record or
lessees
must also
accompany the application.
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Section 78.106 PREREQUISITES FOR ISSUANCE OF PERMIT
(a) No permit to sell safe and sane fireworks shall be
issued to any person except non-profit organizations or corporat-
ions;whieh have obtained tax exempt status from the State Franchi
'ax Board under Section 23701, (b), (d), (f), (g) or (1) of the
and Taxation Code.
(b;) Each such organization must have it's principal and
tted meeting place within the City limits and must have been
ganized and established within the City for a minimum of one
continually preceding the filing of the application for the permit
Section 78.107 OPERATION OF THE STAND
(a) No person other than the permittee shall operate the
stand for which the permit is issued or share or otherwise partic-
ipate in the profits of the operation of such stand.
(b) No person other than the individuals T.71-%
are members
�f the permittee organization, or the parents, wives or husbands
adult children of such members, shall sell or otherwise
ticipate in the sale of fireworks at such stand.
Section 78.108 FIREWORKS STANDS REQUIREME
NTS
All retail sales of safe and sane fireworks shall be
tted only from within a temporary fireworks stand and sales
any other building or structure is hereby prohibited. i
emporary stands shall be subject to the following provisions
(a) No fireworks stand shall be located within 25 feet
f any other building nor within 100 feet of a gasoline pump.
(b) Each stand in excess of 24 feet in length
must have
at least two exits; and each stand in excess of 40 feet in length
t have at least three exits spaced approximately equstant
!apart, provided however, that in no case shall the distance between
eX
its exceed 24 feet.
- 4 -
(c) Each fireworks stand shall be provided with two,
two and one-half gallon fire extinguishers suitable for class A
fires, in good working order and easily accessible for use in case
of fire and approved as to type by the Fire Prevention Bureau and
',conforming, to the provisions of this code.
Section 78.109 GENERAL REQUIREMENTS FOR PERMITTEES
(a) A11 weeds and combustible material shall be cleared
'.,from the location of the stand including a distance of at least
20 feet surrounding the stand.
Smoking" signs shall be prominently displayed on
'the fireworks stand.
(c) The sale of fireworks shall not be made to minors
under the age of sixteen (16) nor begin before 12:00 o'clock noon
'on the 28th day of June and not continue after the 4th day of July.
(d) An information brochure concerning instructions as
rt o the use of safe and sane fireworks and the hazards attendant
with
their use by minors shall be furnished each purchaser. No
'.fireworks, or other explosives of any nature, shall be discharged
.upon the premises or lot upon which a fireworks stand is located.
Section 78.110 TEMPORARY SALES TAX PERMIT REQUIRED
Organizations licensed for the selling of fireworks are
required to obtain a temporary sales tax permit from the Regional
Office of the State Board of Equalization.
Section 78.111 DISPLAY OF PERMITS
The permit to sell fireworks and temporary sales tax
permit shall be displayed in a prominent place in the fireworks
stand.
Section 78.112 PROVISIONS TO SUPPLEMENT STATE FIREWORKS LAW
The provisions of this Article shall supplement and be
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nstrued
in
harmony with
the "State Fireworks
Law"
(Part 2, Div -
ion 11
of
the Health and
Safety Code
of the
State
of California)
other applicable provisions of the laws of the State of
ornia.
Section 78.113 SEIZURE OF FIREWORKS
The Fire Prevention Bureau shall have the authority to
eize, take, remove, or cause to be removed at the expense of the
all stocks of fireworks offered or exposed for sale, stored,
held in violation of this article."
Section 2.
ded by law.
This ordinance shall be published as
mayor
I, EVELYN H. HILL, City Clerk of the City of Burlingame,
certify that the foregoing Ordinance was introduced at a regular
meeting of the Burlingame City Council held on the 4th day
of January 1982, and was adopted thereafter at a regular
meeting of said council held-on=the 18th day of January
1982, by the following vote.
AYES: COUNCILMEN: AMSTRUP, BARTON, CROSBY, MANGINI, MARTIN
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
L -
City Clerk