HomeMy WebLinkAboutResolution 97-146 06/02/1997 .Resolution No. 97-I4s N.C.S.
1 of the City of Petaluma, California
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4 RESOLUTION ESTABLISHING STANDARDS FOR PERMITS
5 FOR THE SALE OF FIREWORKS AND FOR FIREWORKS BOOTHS IN THE
6 CITY OF PETALLJMA
7
8 WHEREAS, the City of Petaluma authorizes the sales and use of"safe and sane
9 fireworks" within the City limits; and
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11 WHEREAS, the sales of safe and sane fireworks within the City must be permitted and
12 approved by the Fire Department and meet the conditions noted within this resolution; and
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14 WHEREAS, the City Council will annually review the standards and criteria of this
15 resolution;
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17 NOW, THEREFORE, BE IT RESOLVED that the City Council will authorize the Fire
18 Marshal to issue permits for fireworks sales from booths pursuant to the terms and conditions of
19 existing ordinances and the following regulations:
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21 1. Conditions of Sale. It is unlawful for any person, firm, corporation, association, or
22 organization to sell or offer for sale any fireworks within the City, except as expressly permitted
23 under the terms of this resolution.
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25 2. Time of Sale. Subject to the provisions of the State Fireworks Law (California Health and
26 Safety Code, Division 11, Part 2, Chapters 1-7, Health and Safety Code Sections 12500-12801),
27 and the provisions of this code, "safe and sane" fireworks, as defined in Section 12504 of the
28 California Health and Safety Code, may be sold within the City during the period beginning at
29 noon on June 28th and ending at noon on July 6th, provided, however, that pyrotechnic displays
30 may deviate from these restrictions subject to applicable provisions of the California Health and
31 Safety Code, and provided they are approved by the Fire Chief or his designated representative.
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33 3. Permit Required. No person, firm, association, corporation, or organization shall sell
34 fireworks within the City without first having obtained a permit therefor. Issuance of the permit
35 shall fulfill all municipal licensing requirements and fire safety conditions outlined by the Fire
36 Department. All permit applications shall be received in the Fire Marshal's office by no later than
37 the last day of May of each year.
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39 4. Information Required on Permit. Each applicant for such permit shall file a written
40 application with the Bureau of Prevention showing the following information:
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42 a) Name and address of applicant.
43 b) Location where the applicant proposes to sell fireworks.
44 c) Places of storage for fireworks.
45 d) Evidence that applicant meets the criteria as specified in this resolution and other
46 ordinances.
Eesmodon xu. 97-146 N.as. Page I of 4
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2 5. Or¢anizations Authorized to Sell. No permit to sell safe and sane fireworks shall be issued
3 to any person except the following
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5 (a) Nonprofit organizations, corporations or local community service associations
6 organized primarily for veteran, patriotic, welfare, civic betterment or charitable
7 purposes, which can demonstrate that a majority of their financial resources and
8 manpower are donated to projects of benefit to the total community within the city limits
9 of Petaluma.
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11 (b) Any person, organization or entity which sold fireworks for-profit in the city of
12 Petaluma for three or more consecutive years, including and prior to the 1997 fireworks
13 sales period, shall be entitled ("grandfathered") to apply and obtain a permit for each year
14 after the 1997 fireworks sales season. Those for-profit entities who qualify shall be
15 allowed to continue to obtain.a fireworks sales permit until, by attrition, they discontinue
16 selling fireworks and/or do not apply and obtain a permit to sell in each consecutive year
17 following 1997. For-profit entities who are grandfathered shall not be allowed to transfer,
18 sell or otherwise give their right to sell fireworks to any individual, organization or entity
19 not previously named on their fireworks permit applications on or before 1997.
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21 6. Determination of Eligibilit~v Fire Chief--Ri hg t of Appeal The Fire Chief shall make a
22 determination as to which organizations meet the criteria specified in Section 5. Any aggrieved
23 applicant may appeal the decision of the Fire Chief within seven (7) days to the City Manager.
24 The decision of the City Manager shall be a final decision, appealable to the City Council within
25 seven (7) days of the decision.
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27 7. Maximum Number of Permits to Sell. The maximum number of permits to sell safe and
28 sane fireworks, which may be issued during any one calendar year, shall not exceed one permit for
29 each 2,500 residents of the City, or fraction thereof, based on the most recent figure designated by
30 the State Department of Finance as the City's population (hereafter known as THE CAP). If the
31 number of applications received up to and including the last day of May of each yeaz exceeds the
32 number of permits to be issued, the permittees during the preceding year shall have first priority
33 for the available permits. If there are any additional permits available, the Fire Mazshal shall
34 forwazd a list of applicants, who were not permitteesthe preceding year, to the City Clerk who
35 shall, not later than on the 5th day of June, supervise an impartial drawing to determine an order
36 of priority for each application. Upon such determination, the City Clerk shall forward to the Fire
37 Marshal a list of applications, numbered in order of priority drawn for investigation and issuance.
38 Permits maybe issued in order of priority drawn to those on the list until THE CAP is reached.
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40 8. Total Number of Booths Permitted for an Entity. Organization or Groua. Fireworks sales
41 permittees shall be limited to one booth per entity, organization and/or group (applicant). The
42 purpose of limiting booths to one per applicant is to allow as many entities, organizations, or
43 groups to participate in fireworks sales.
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45 If the total number of permit applications received is not in excess of THE CAP based on the
46 population ratio, an applicant may petition the Fite Marshal to set up an additional booth, but not
47 to exceed a total of two per applicant.
Reso. 97-146 NCS Page 2 of 4
1 If the number of applications for multiple booths received up to and including the last day of May
2 of each year exceeds the number of permits to be issued, the fire Marshal shall forward a list of
3 applicants who are requesting a second booth to the City Clerk who shall, not later than on the
4 5th day of June, supervise an impartial drawing to determine an order of priority for each
S application. Upon such determination, the City Clerk shall forward to the Fire Marshal a list of
6 applications, numbered in order of priority as drawn. Additional booths and permits will be
7 awarded to each applicant in order of priority drawn until THE CAP is reached.
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9 Multiple booth permits shall be for that given year only. The process for awarding additional
10 booths per applicant shall begin anew every year and will be available based on THE CAP.
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12 Any person, organization or entity which sold fireworks in the City of Petaluma for three or more
13 consecutive years, up to and including 1997, and had previously obtained multiple booth permits
14 per applicant, shall be entitled ("grandfathered") Io apply for same number of booths as they had
15 in the previous three years. These applicants shall be allowed to continue to operate multiple
16 booths until such time that they, by attrition, discontinue selling fireworks and/or do not apply and
17 obtain a permit to sell in each consecutive year following 1997, shall be deemed to have
18 abandoned the right to multiple booths per applicant and shall be limited to one booth per
19 applicant except as otherwise noted herein.
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21 9. Insurance Requirements at Condition of Sale. Each applicant for a permit shall file with
22 the Bureau of Fire Prevention, prior to the issuance of any permit, a policy of public liability
23 insurance with coverage of at least $300,000.00/$500,000.00 a policy of property damage
24 insurance with coverage of at least $300,000.00 on a certificate showing the amounts of
25 insurance. The City, its officers, employees and agents shall be named as additional insureds on
26 such insurance policy or insurance certificate.
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28 10. Fireworks Booth--Restrictions on Sales.
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30 (a) No booth shall be located within 2S feet of combustible buildings and/or building
31 openings (windows. and doors) or within 50 feet of any flammable storage. Location of
32 booths is contingent upon receipt of approval from the Fire Chief or his designated
33 representative.
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35 (b) No booth shall have a floor area in excess of 750 square feet. All booths in excess
36 of 20 feet in length must have two exits. Larger booths must have an exit for each 20 feet
37 of length, located 20 feet apart.
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39 (c) All weeds and combustible materials shall be cleared in and around booths for a
40 distance of at least 20 feet.
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42 (d) "No Smoking" signs shall be posted on the booths, and all persons handling or
43 managing sales therein shall refrain from smoking while on duty therein.
Reso. 97-146 NCS Page 3 of 4
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2 (e) Each booth must have an aduh watchperson in attendance and in charge thereof
3 when the booth is being used for the sale or dispensing of safe and sane fireworks and
4 percnittee has the sole responsibility for providing. same. For the purpose of this section,
5 the term "adult" shall mean any person so defined under California law.
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7 (f) All unsold stock shall be removed from the booth and located in an approved area
8 immediately after close of business on each day of operation.
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10 (g) All litter shall be removed on a daily basis.
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12 (h) The booth shall be removed from the temporary location and all litter shall be
13 removed by noon on July 8th.
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15 (i) All retail sales of safe and sane fireworks shall be permitted only from within a
16 temporary booth. Sale from any other building or structure is hereby prohibited.
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18 (j) Approved banners or other means to prohibit parking within 20 feet of the booth
19 shall be provided. The purpose for the banners is to keep ignition sources away from the
20 booth(s).
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22 (k) No electrical devices or open flames are permitted in the booth.
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24 (1) Signs must be posted on each booth stating, "No Fireworks Permitted in the
25 unincorporated areas of the County".
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27 11. Any permit issued under this resolution may be terminated by the Fire Chief in case ofany
28 violations of any terms and conditions of the resolution or any terms and conditions of the
29 permit. Further, the City Council may terminate said permit(s) at such time asthey deem
30 it is in the interest of the safety of the citizens of the City of Petaluma.
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Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hemby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) pw@JatffttarrlgXQBj~l62ctlnJ meeting form
on the ....2nd..........._. day of -'---.......tJ.U.O.e 19;3.7--- by the
following vote:
ity Attorney
AYES: Read, Keller, Stomps, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss
NOES: None ~
ABSENT: None ~y ~ ~ y//q ~//~y-'/ . '
AT'1'EST: ~ °'~4~ "L~~G/ .~FL.-4C. J~...
City Clerk Mayor
ao~d F;~..........._._ 4
ca io~as ass. rvo..97.-14..6........... rvcs.