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sr-050879-8cSanta Monica, California, May 1, 1979 T0: Mayor and City Council FROM: City Staff SUBJECT: Sale of Safe and Sane Fireworks. L7 (~ w ~ ~. -t;~ Introduction SC ~AAY 8 1979 This report transmits information to Council regarding sale of safe and sane fireworks in cities in Los Angeles County; a resolution and proposed ordinance establishing regulations and permit fees to allow the sale of safe and sane fireworks within the City of Santa Monica. Background Last year, the City Council directed staff to present a report regarding the sale of safe and sane fireworks, and to prepare a resolution and ordinance governing such sales. After review by the Council, the proposed fireworks ordinance was referred to staff for revision. The proposed ordinance has been reviewed and revised by staff to incorporate the concerns raised by Council Members last Spring. Safe and sane fireworks are currently sold in approximately 40 cities in Los Angeles County. These fireworks are pyrotechnic devices which have been tested and approved by the State Fire Marshal of California as being "safe and sane" as contrasted with other devices that have been declared "dangerous" and pro- hibited for sale, use or possession in California. In order to be approved by the State Fire Marshal, safe and sane fireworks must not explode, rise into the air, discharge balls of fire, dart or travel around ~~' ~ 1979 T0: Mayor and City Coin 1 May 1, 1979 -2- the ground in an uncontrolled manner'or contain poisonous chemicals. In general, they are devices which create an audible or visual effect without being dangerous. If the item submitted to the State Fire Marshal's Office for testing passes the regular standards that are applied, the item may be Tabled "safe and sane" and carry the State Fire. Marshal's seal of approval. Survey Results Staff contacted 26 cities in Los Angeles County which allowed safe and sane fireworks to be sold. (Sample ordinances requested last year by Council Member Swink are attached.) Information was obtained regarding: A) What groups may sell fireworks.. B) Number of stands permitted per group. C) Criteria for granting permits. D) Amount of permit fee. E) Cleaning deposits. F) Dates and hours of sale. G) Location of stands. zations permitted to Sell Fireworks Seventeen cities stated that only non-profit organizations based within their jurisdictions were able to sell safe and sane fireworks. Three cities stated only veteran groups were able to sell fireworks. T0: Mayor and City Coil it -3- Number of .Stands Permitted May 1, 1979 Thirteen cities set forth a specific limit on the number of permits issued for the sale of fireworks because sale was limited to non-profit .organizations based within their city. Nine cities had a limit of one stand per organization. Number of Permits Staff arrived at a ratiocof firework permits per population (City's population divided by number of firework. permits approved).' This ratio ranged from one permit (firework stand) per 608 people in San Fernando-to one permit (firework stand) per 5,113 people in West Covina. The average ratio was one stand per 3,059 people.. Pexmit Fee Eighteen of the 26 cities stated that a permit fee was required in order for an organization to obtain a permit to sell fireworks. These fees ranged from $15.00 (in Pico Rivera and Lynwood) to $330.00 (in Redondo Beach). The average permit fee was $145.39. Cleaning Deposit Twelve cities required a cleaning deposit. This fee would help to insure that the area in which the firework stand existed would be cleared up'by a given date. These deposits ranged from $10,00 in'Paramount to $200 in Monterey Park. The average cleaning deposit was $61.25. Current Sale - Period of Limitation California State law states that fireworks can be sold from noon on June 28th until noon on July 6th.. Cities may authorize 'the sale of fireworks within these T0: Mayor and City Cot' it -4- dates but may not. authorize sale of fireworks outside this time frame May 1, 1979 Thus, many cities allow sale of fireworks ~mm noon on June 28th until at .least midnight on July 4th. Twenty-five cities do not restrict hours of sale during these dates, therefore, sale b€ fireworks exists>24 hours a day during the authorized dates. Nine of the the 26 cities allowed firework sales to begin ab noon June 28th and 12 cities prohibited sales after midnight July 4. Two cities allowed firework sales to continue until noon July 6th. Stand Location Cities' Zoning Departments set forth various restrictions as to location of firework stands. Most state that the fireworks stand operator must have the written permission to sell fireworks from-the property owner on which the stand is located. Stands are permitted only in certain zones and restrictions are set forth regarding the distance between firework stands. If Council allowed the sale: of safe and sane fireworks, they could be sold in any commercial or industrial zone in the City of Santa Monica under current zoning regulations. Other requirements Certain requirements are set forth 'by the cities which allow sale of safe and sane fireworks.. Every. city stated only adults were allowed to operate the firework stand. All cities set forth restrictions governing the maintenance of the stands. T0: Mayor 'and City Coup' ' -S- Sale of Fireworks in Santa Monica May 1, 1979 Should Council decide to adopt an ordinance allowing the sale of safe and sane fireworks in the City of Santa Monica, the .following process should be followed by groups wishing to obtain a permit to sell safe and sane fireworks: 1. Only non-profit organizations based in the City of Santa Monica and having served the community for five years would be able to apply for a permit to sell safe and sane fireworks. This tiaill enable organizations who work for the benefit of the community to receive funds through the sale of the fireworks. 2. All requests for applications should be filed annually during the month of February. 3. Applications would be limited only to "parent" organizations in order to limit competition among various organizational subsi.diaries and auxiliaries. Each organization would be required to state the specific service or purpose for which proceeds .will be devoted. 4. No more than five non-profit organizations would be granted permits to sell safe and sane fireworks. No more than one stand per organization would be permitted. S. If there are more than five requests for applications, a lottery would be conducted by the City Clerk on March 1 to determine which five non-profit organizations based in the City of Santa Monica would be allowed to sell safe and sane fireworks. 6. For each of the five successful applicants, a permit fee of $150.00 would be required. This permit fee would cover costs incurred for inspection and supervision by Fire and Building Department Personnel. T0: Mayor and City Coun' May 1, 1979 -6- 7. A cleaning deposit of $100 would be required. This. will insure the timely clean up of the firework stand area, so that adjacent property owners would not be concerned with debris resulting. in a litter problem. All debris would be cleared-from the fireworks stand site by noon on July 11th or the $100. cleaning deposit would not be refunded and would be used to defray City clean up costs. 8. The City would collect an amount equal to ten percent of the gross receipts on the sale of fireworks. This money would be used to finance a fire prevention and safety education program conducted by the Fire Department. 9. A copy of the written permission from the owner of the property on which the stand is to be located would be submitted with each application. 10. Construction of a firework stand would not begin prior to June 15. 11. Only safe and sane fireworks would be sold within the City of Santa Monica. Each permit would be valid only for these dates of sale: noon, June 28th through 8:00 p.m. July 4. During this period, sales would be prohibited between 10:00 p.m. and 6;00 a. m. 12. Only adults would be permitted to engage in the sale'of fireworks:. Impact of Sale of Fireworks on Fire Safety With full recognition of the .generally unenforceable-nature of laws existing, it is the opinion of the Fire Department that the sale and increased avail- ability of fireworks in the City would further imperil the public, and T0: Mayor and City Cot it May 1, 1979 -7- substantially increase the. risk of fires and burn injuries. The National Fire Protection Association and-the United States Fire. Administration advocate a total ban on-.the sale and use of fireworks .except for authorized public display fireworks in the hands of professionals. The Santa Monica Fire Department concurs with this view. There are really no "safe and sane'° fireworks for ,the general public, and the Department is unalterably opposed_to an Ordinance which would allow the sale of "safe and sane" fireworks in Santa Monica. If the Council should approve such an ordinance, it is recommended that l00 of the gross proceeds_be provided for use in a Public Fire Safety Education program. Alternatives 1. Reject the proposed ordinance and continue the present prohibition of the sale. of fireworks within the City limits. 2. Introduce the proposed ordinance allowing the sale of safe and sane fireworks and providing for the funding of a fire prevention and public safety education program and adopt the attached resolution establishing a procedure for processing permits. Recommendation Staff recommends that the City Council reject the proposed ordinance (alternative #1). However, should the City Council choose to permit the sale of fireworks, it is staff's opinion that the proposed ordinance is structured to reduce potential hazards. Prepared By: THOMAS TOLMAN Fire Chief JEANNE L. KENNEDY AdministratvP Assistant ALICE ZUNIGA Administrative Intern TT:JLKtAZ:dvl Attachments RESOLUTION N0. 5301(CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A PROCEDURE FOR THE PROCESSING OF PERMITS TO SELL SAFE AND SANE FIRE- WORKS WHEREAS, at the meeting of May 8, 1979 .the City Council introduced an ordinance permitting the sale of safe and sane fireworks within the City of Santa Monica, and !•1HEREAS, in the ordinary course of events such an ordinance would not take effect until June 21, 1979, and WHEREAS, such ordinance provides that the manner of application and selection of organizations permitted to sell safe and sane fireworks be established by resolution, NOW, THEREFORE, BE IT RESOLVED THAT: SECTION 1. Beginning :at 8:00 a.m. on "lay'll, 197 and endinn at 5:00 o. m. on Play 1J, 1979, the City Clerk is authorized to accept written requests fora permit application to sell safe and sane fireworks. Such requests are to include a statement of non-profit status and of operation in Santa Monica for the past five years. SECTION 2. If more than five such requests are made, the City Clerk is authorized to conduct a random drawing at 9:00 a.m. on May 18, 1979 and to submit a list of the eligible organizations ih the order in which they were drawn to the Fire Department. The City Clerk shall further notify the first five organizations of their eligibility to apply to the fire Department for a permit. SECTION 3. The Fire Department is authorized to prepare permit application forms, to receive completed applications and to notify the first five organizations on the eligibility list who successfully. meet the permit requirements that a permit will be issued to them on the effective date of the Ordinance. SECTION 4. Beninning in 1980, the application process shall be as follows: 1. Requests for permit applications shall be submitted to the City Clerk during the month of February. 2. If a drawing is necessary, it shall be conducted by the City Clerk on March }st or if March lst falls on a weekend or holiday, such drawinn shall be held on the first work day thereafter. 3. Permits shall be issued b,y the Fire Department to the first five eligible organizations upon fulfillment of a17 necessary conditions. ADOPTED and APPROVED this 8th day of D4ay 1979. .MAYO ATTEST: .i ~ ~~, _ y j" ` CI Y CLERK I hereby certify that the foregoing resolution was duly adopted by the City Council of"the City of Santa Monica at a reQiilar meeting thereof, held on the 8th day of May 1479, by the following vote of the Council: AYES: Council Member: Jennings, Reed, Yannatta, van den Steenhoven NOES: Council Member: Bambrick, Scott ABSENT: Council Member; Swink „` ,r ~,_ r ~ y ITY CLERK APPROVED AS TO FORM: i ITY ATTORNEY ~ ~s;lr ~. ~, ~'~ ~~., •,tr ~; i~ ~' ~~~g19 ?~ ` ` Sections: 9.04.010 9.04.020 9.04.030 9.04.040 9.04.050 9.04.060 9.04.070 9.04.080 9.04.090 9.04.100 9.04.110 FIRE CODE Chapter 9.04 FIRE CODE 9.04.010-9.04.040 Short title. Adoption of fire code. Copies on file. Amendments to county Ordinance No. 2947. Article 12 of county Ordinance No. 2947 not adopted. Public display of fireworks-Permit required. Discharge of fireworks-4th of July. Duty of parents. Permit to sell safe and sane fireworks. Violations-Penalties. Severability. 9.04.010 Short title. This chapter shall be known as the Fire Code of the city of La Puente and may be cited as such. (Ord. 245, 1964: Ord. 89, 1958: Ord. 1 § 3110, 1956). 9.04.020 Adoption of fire code. There is adopted by reference, except as Hereinafter provided, that certain fire code as adopted by Ordinance No. 2947 of the county of Los Angeles and amended by Ordinance No. 9687, December 20, 1968, entitled "The Fire Code of the county of Los Angeles." (Ord. 312 § 1, 1969: Ord. 245, 1964: Ord. 89, 1958: Ord. ] § 3110.1, 1956). 9.04.030 Copies on file. Three copies of Ordinance No. 2947 of the county of Los Angeles, as amended and in effect on December 20, 1968, together with amendments included in Section 9.04.040, have been deposited in the office of the city clerk and shall be at all times maintained by said clerk for use and examination of the public. (Ord. 312 § 2, 1969: Ord. 245, 1964: Ord. 89, 1958: Ord. 1 § 3110.2, 1956). 9.04.040 Amendments to county Ordinance No. 2947. Ordinance No. 2947 of the county, of Los Angeles, adopted in Section 9.04.020 as "The Fire Code of the city of La Puente", is amended as follows: (a) Wherever in the county Ordinance No. 2947, reference is made to the unincorporated area of the county of Los Angeles, such area shall be deemed to include in its true geographical location the area of the city of La Puente; (b) Whenever any of the following names or terms are used in the county Ordinance No. 2947, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows: "Board of supervisors" shall be deemed amended by referring to the city 315 (La Vuente 5-15-70) I~IhF ('OI)I ').04.t1>0 9.04.U')0 council of the city of La Puente, "County of Los Angeles" means the city of La Puente, except in such instances where the county of Los Angeles is a correct notation due to circumstances, "County official of the county of Los Angeles" shall be deemed amended by stating the applicable city official of the city of La Puente. (Ord. 312 § 3, 1969: Ord. 89, 1958: Ord. I § 3110.3, ] 956). 9.04.050 Article 12 of county Ordinance No. 2947 not adopted. Notwithstanding any other provision of county Ordinance No. 2947 as amended, of the county of Los Angeles, Article 12 of said ordinance entitled "Fireworks" is eliminated from said ordinance and said article is not adopted by the city of La Puente. (Ord. 312 § 4, 1969: Ord. 89, 1958: Ord. 1 § 3110.4, 1956). 9.04.060 Public display of fireworks -Permit required. Any person, firm; corporation; association ororganization may obtain a permit for the public display of fireworks from the city council upon complying with the provisions of the state Fireworks Law (Chapter 1 of Part 2 of the Health and Safety Code of the state of California) as amended from time to time. (Ord. 23, 1957: Ord. 1 § 3102, 1956). ', I 9.04.070 Discharge of fueworks - 4th of July. The public generally may use and discharge such fireworks as are permitted by the laws of this state, on the fourth day of July of each and every year in the city, provided that if said fourth day of July in any year falls on Sunday said fireworks may be used and discharged as in this section specified, on the fifth day instead of said fourth day of July. (Ord. 23, ] 957: Ord. 1 § 3103, 1956). 9.04.080 Duty of parents. It is unlawful for any parent, guardian or other person having the legal care and custody of any child in the city, under the age of fourteen years, to allow, permit, or suffer such child to light, fire, discharge, explode or set off any fireworks, or blank cartridges or small arms or anything containing any proportion of any substance of an explosive nature. Provided, however, this provision shall not apply to the fourth day of July of any year (or the fifth day of July of any year as provided in Section 9.04.070). (Ord. 23, 1957: Ord. 1 § 3104, 1956). 9.04.090 Permit to sell safe and sane fireworks. The city. council may issue a permit pursuant to and upon the requirements as set forth in the state Fireworks Law, as may be amended from time to time, allowing safe and sane fireworks, as defined in the state Fireworks Law, to be sold at retail by the American Legion, La_ Puente Post #75, and the Veterans of Foreign Wars of the United States, La Puente Post #] 944, or by any 316-318 (t,a r~e~te s-~s-vo> FIRE CODE 9.04.100-9.04.110 organization whose membership is composed of soldiers and/or sailors or of ex-sailors and/or ex-soldiers, or its auxiliary or auxiliaries organized by the Congress of the United States of America, on the 2nd, 3rd and 4th days of July of each and every year; provided, however, that if said 4th day of July in any year falls upon Tuesday, then such fireworks may be permitted to be sold on the 1st day of July in such year; and provided further, that a written application for permit to sell, cause or permit to be sold, said fireworks is filed with the Chief of the Fire Department of said city not less than thirty days in advance of the date or dates upon which said fireworks are desired to be sold. It shall be the duty of the Chief of the Fire Department to whom application for permit is made, to make an investigation-and submit a report of his findings and his rec- ; ommendations for or against the issuance of the permit together with ', his reasons therefor, to the City Council. The City Council shall have power in its direction to grant or deny the permit. (Ord. 1 § 3105, added by Ord. 23; Februard 4, 1957). 9.04.100 Violations-Penalties. Any person, firm, association or cor- ` poration violating any of the provisions of this chapter or of the Fire Prevention Code of the City of La Puente hereby adopted; or of the por- tions of said Ordinance No. 7274 of the County of Los Angeles, California, adopted hereby; or of any amendment or amendments which may here- ', after be adopted to said Fire Prevention Code of the City of La Puente or of this chapter by the City Council, shall be guilty of a misdemeanor ', and upon conviction of any such violation such person, firm, association or corporation shall be punishable by a fine of not more than five hundred ', dollars, or by imprisonment in the City Jail of the City of La Puente, ', California, or in the County Jail of Los Angeles County, California, as the committing magistrate may direct, for a period of not more than six months, or by both such fine and imprisonment in the discretion of the ', court. Any such person, firm, association or corporation shall be deemed guilty of a separate offense for each and every day during which, or during any portion of which, such violation continues and shall be punishable therefor as herein provided. (Ord. 1 § 3110.5 added by Ord. 89; June 4, 1958). 9.04.110 Severability. If any section, subsection, sentence, clause, phrase or portion of this chapter, including but not limited to any exemp- tion, is for any reason held to be invalid or unconstitutional by the decision of any Court of competent jux•isdiction, such decision shall not affect the validity of the remaining portions of this chapter. The Council of the City of La Puente hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, or portion thereof, irre- spective of the fact that any one or more sections, subsections, sentences, 319 (La Puente 3/15/65) FIRE CODE 9.09-.170 clauses, phrases or portions be declared invalid or unconstitutional. (Ord. 1 § 3110.6, added by Ord. 89; 3une 4, 1958 and amended by Ord. 245; August 11,1964). 319-1 cna Pueale 3(15/65) WESfi COVINA MUNICIPAL CODE CHAPTER 3 - REGULATION OF PARTICULAR BUSINESSES PART 1 - FIREWORKS 6310, SELLING FIREWORKS IN THE CITY. No person shall sell or cause or permit to be sold fire- works of any kind within the City, except that the City Council, after receiving a report thereon from the Fire Chief, may permit such fireworks to be sold by any organization whose membership is composed entirely of veterans of the armed forces of the United States of America or Cah~da, which said organization maintains a meeting place,°in the City, in a properly zoned area and not a home, garage, or other residential property, and which has held meetings at least monthly during the preceding year period, Permits shall be limited to a total of three places of sale per organization. (Ordinance 699 - 4/24/61; 6311. APPLICATION FOR PERMIT TO SELL FIREWORKS, Permission may be granted by the City Council for the sale of fireworks within the City upon the 1st, 2nd, 3rd and 4th days of July of each year, provided that a written application for permit to sell said fireworks is filed with the Chief of the Fire Department of the City not less than thirty days in advance of the date or dates upon which paid fireworks are desired to be sold. Should the 4th of July fall on Sunday, the sale of fireworks on the 5th of July is permissible. (Ordinance 699 _ 4j24/61) 6312. FIREWORKS STANDS. Stands may be erected ten days prior to the start of sale and must be removed; and the debris removed, no later than ten days after the last day of sale. A fee of $25.00 shall be posted for each stand with the City Clerk at the time of issuance of the permi.te This fee will be returned if the debris and stand described above are removed within the stated time, otherwise the fee will be used to defray the cost of cleaning up the area and will not be returned. Violation of the dates of sale will mean immediate cancellation of the permit and forfeiture of the bond (Ordinance 699 - 4/24,61) 6313. INVESTIGATION OF AFPLICANT. It shall be the duty of the Chief of the Fire Depart- ment to whom application for permit is made, to make an investiga- tion and submit a report of his fihdings and his recommendations for or against the issuance of the permit together with his reasons therefor, to the City Council. The City Council shall have power in its discretion to grant or deny the permit, If the permit is granted, the applicant shall furnish the City with a Certifi- cate of Insurance in adequate amount which shall also contain a clause holding the City harrrxless from any damage or injury result- ing from granting the permits (Ordinance 699 - 4/24/61) - - _ ~.; br COVINA MUNICIPAL CODE 4120. USE AND SALE OF FIREWORKS. No person, except as hereinafter specified, shall light, fire, discharge, explode or set off any fireworks or blank cart- ridges or small fire arms or anything containing any proportion of any substance of an explosive nature, within the corporate limits of the. City. r 4121. PUBLIC DISPLAYS. PERMIT REQUIRED. The City Council may permit any person to make a public display of fireworks, and for that purpose to use and discharge fireworks at such times and such places in the City, as said Ci$y Council may fix and establish, provided that a written application for a permit so to do is filed with the Chief of the Fire De t- par meet of said City at least fifteen days in advance of the date of said display. It shall be the duty of the Chief of the Fire De- partment to whom the application for permit is made, to make an in- vestigation_and submit a report of his findings and his recommen- dations for or against the issuance of the permit together with his reasons therefor, to said City Council. The City Council shall have. power in its discretion to grant or deny the permit. Pf the permit is granted, the applicant shall furnish the City with a Certificate of Insurance in adequate amount which shall also contain a clause holding the City harmless from any damage or injury result- ing from granting the permit. (Ordinance 699 - 4/24/61) 4122. PUBLIC USE ON FOURTH DAY OF JULY, The public generally may use and discharge such .fireworks as are permitted by the la~~rs of this State,. on the 4th day of July of each and every year in the City, provided that if said 4th day of July in any year falls on .Sunday said fireworks may ,be used aqd discharged as in this Section specified, on the 5th day of'July in- stead of said 4th day of July. 11/61 WEST COVINA MUNICIPAL CODE __~~~ 4123. PARENT OR GUARDIAN RESPONSIBILITY FOR CHILDREN UNDER FOURTEEN. It shall be unlawful for any parent, guardian, or other person having the legal care and custody of any child in the City, under the age of fourteen years; to allow; permit, or suffer such child to light, fire, discharge, explode or set off any fireworks, or blank cartridges or small arms or anything containing .any pro- portion of any substance of an explosive nature. Provided, how- ever, this provision shall not apply to said 4th day of July of any year (or the. 5th day of July of any year as provided in Sec- tion 4122). 4124. IMMORAL ACTS IN PUBLIC LODGINGS UNLAWFULe No person conducting any motel, lodging house, trailer court, or hotel in the City, and no person in actual charge, manage- ment or control of any motel, lodging house, trailer court, or hotel therein, shall suffer or permit any portion .thereof to be used as a house of ill fame or place of assignation for the purpose of prosti- tution, fornication or lewdness, or suffer or permit any lascivious cohabitation, adultery, fornication or other immoral practice to be carried on therein, or suffer any person to make engagements for immoral purposes therefrom, or suffer or .permit any lewd or immoral or degenerate person to occupy any portion thereof, or direct per- sons thereto or elsewhere for immoral purposes, And it shall be lawful and competent for the City to introduce in the trial of any person charged with violation of this Chapter, testimony as to the general character and reputation of said place or of persons who occupy rooms in or frequent said place. (Ordinance 730 - 1/8/62) 4125. REGISTRATION REQUTRED AT PUBLIC LODGINGS. Every person conducting any motel, lodging house,. trailer court, or hotel in the City shall at all times keep and maintain therein a register, in which shall be inscribed with ink or indel- ible pencil, the name and home street and town address of each and every guest or person renting or occupying a room or rooms therein. Such register shall be signed by the person .renting or occupying a room or rooms, and the proprietor of such motel, lodging house, trailer court, or hotel or his or her agents shall thereupon write opposite such name or names so registered the number of each room assigned to or occupied by each such guest, together with .the time when such room is rented; and until all of the aforesaid entries shall have been made in such register, no such guest shall be suffered or permitted to occupy privately any room in such house. When the occupant or occupants of each .room so rented shall quit and surrender the same, it shall be the further duty of the pro- prietor or his or her agent to enter the time thereof in such regis- ter opposite the name of such occupant or occupants. (Ordinance 730 - 1/8!62) 2;' 62