HomeMy WebLinkAbout07-02 CC Ordinance
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ORDINANCE NO. 07-02
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMECULA ADDING CHAPTER 8.36 TO
THE TEMECULA MUNICIPAL CODE PROHIBITING
THE NON-PERMITTED USE, STORAGE,
MANUFACTURING, AND SALE OF FIREWORKS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOllOWS:
Section 1. Chapter 8.36 is hereby added to the Temecula Municipal Code to
read as follows:
'CHAPTER 8.36 FIREWORKS
"8.36.010 Definitions. Whenever, in this Chapter, or in any resolution
or standard adopted by the City Council pursuant to this Chapter, the
following terms are used, they shall have the meaning ascribed to them in
this Section, unless it is apparent from the context thereof that some other
meaning is intended.
A. "AGRICULTURAL AND WilDLIFE FIREWORKS" means
fireworks designed and intended by the manufacturer to be used to
prevent damage to crops or unwanted occupancy of areas by animals or
birds through the employment of sound or light, or both.
B. "DANGEROUS FIREWORKS" has the same meaning
ascribed to it under Section 12505 of the California Health and Safety
Code and includes all of the following:
1. Any fireworks which contain any of the following:
(a) Arsenic sulfide, arsenates, or arsenites.
(b) Boron.
(c) Chlorates, except:
(1) In colored smoke mixture in which an
equal or greater amount of sodium bicarbonate is included.
(2) In caps and party poppers.
(3) In those small items (such as ground
spinners) wherein the total powder content does not exceed 4 grams of
which not greater than 15 percent (or 600 milligrams) is potassium,
sodium, or barium chlorate.
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(d) Gallates or Gallic acid.
(e) Magnesium (magnesium-aluminum alloys,
called magnalium, are permitted).
(f) Mercury salts.
(g) Phosphorus (red or white except that red
phosphorus is permissible in caps and party poppers).
(h) Picrates or picric acid.
(i) Thiocyanates.
U) Titanium, except in particle size greater than
100-mesh.
(k) Zirconium,
2. Firecrackers.
3. Skyrockets and rockets, including all devices which
employ any combustible or explosive material and which rise in the air
during discharge.
4. Roman candles, including all devices which discharge
balls of fire into the air.
5. Chasers, including all devices which dart or travel
about the surface of the ground during discharge.
6. Sparklers more than 10 inches in length or one-fourth
of one inch in diameter.
7. All fireworks designed and intended by the
manufacturer to create the element of surprise upon the user. These items
include, but are not limited to, auto-foolers, cigarette loads, exploding golf
balls, and trick matches.
8. Fireworks known as devil-on-the-walk, or any other
firework which explodes through means of friction, unless otherwise
classified by the State Fire Marshal pursuant to applicable law.
g, Torpedoes of all kinds which explode on impact.
10. Fireworks kits.
11. Such other fireworks examined and tested by the
State Fire Marshal and determined by him to possess characteristics of
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design or construction which make such fireworks unsafe for use by any
person not specially qualified or trained in the use of fireworks.
C. "EXEMPT FIREWORKS" has the same meaning ascribed to
it under Section 12508 of the California Health and Safety Code and shall
mean any special item containing pyrotechnic compositions which the
State Fire Marshal has investigated and determined to be limited to
industrial, commercial, agricultural use, or religious ceremonies when
authorized by a permit granted by the authority having jurisdiction.
D. "FIRE CHIEF" or "CHIEF" shall mean the Fire Chief of the
County of Riverside or such person as designated by the City Council to
provide fire services for the City or his or her authorized representatives.
E. "FIREWORKS" has the same meaning ascribed to it under
Section 12511 of the California Health and Safety Code and shall mean
any device containing chemical elements and chemical compounds
capable of burning independently of the oxygen of the atmosphere and
producing audible, visual, mechanical, or thermal effects which are useful
as pyrotechnic devices or for entertainment. The term "FIREWORKS"
includes, but is not limited to, devices designated by the manufacturer as
fireworks, torpedoes, skyrockets, roman candles, model rockets, rockets,
Daygo bombs, sparklers, chasers, fountains, smoke sparks, aerial bombs
and fireworks kits.
F. "FIREWORKS KITS" has the same meaning ascribed to it
under Section 12512 of the California Health and Safety Code and means
any assembly of materials or explosive substances, which is designed and
intended by the seller to be assembled by the person receiving such
material or explosive substance and when so assembled would come
within the definition of "FIREWORKS."
G. "PUBLIC DISPLAY OF FIREWORKS" means an
entertainment feature where the public or a private group is admitted or
permitted to view the display or discharge of DANGEROUS FIREWORKS.
H. "PYROTECHNIC OPERATOR" means any licensed
pyrotechnic operator, who by examination, experience, and training, has
demonstrated the required skill and ability in the use and discharge of
fireworks as authorized by the license granted.
I. "PYROTECHNIC SPECIAL EFFECTS MATERIAL" means a
low explosive material, other than detonating cord, commonly used in
motion picture, television, theatrical or group entertainment production for
which a permit from the Chief is required for use or storage.
J. "SAFE AND SANE FIREWORKS" has the same meaning
ascribed to it under Section 12529 of the California Health and Safety
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Code and shall mean any fireworks which do not come within the
definition of "DANGEROUS FIREWORKS" or "EXEMPT FIREWORKS."
K. "SHERIFF" shall mean the Sheriff of the County of Riverside
or such person as designated by the City Council to provide fire services
for the City or his or her authorized representatives.
L. STATUTORY REFERENCES. Whenever a provision of this
Chapter refers to a state statute, the reference shall include a successor
statue and any renumbered statute.
"Section 8.36.020 Prohibitions
A. GENERAL. No person shall have in his possession, or
keep, store, use, shoot, discharge, set off, ignite, explode, manufacture,
sell, offer to sell, give or transport any FIREWORKS, DANGEROUS
FIREWORKS, or SAFE AND SANE FIREWORKS, except for use as
AGRICULTURAL AND WILDLIFE FIREWORKS or for use in a PUBLIC
DISPLAY OF FIREWORKS pursuant to a permit obtained under the
provisions of Sections 12640 to12654 of the California Health and Safety
Code, the Fire Code adopted by the City, and this Chapter.
B. MANUFACTURING PROHIBITED. The manufacturing of
FIREWORKS, DANGEROUS FIREWORKS, or SAFE AND SANE
FIREWORKS is prohibited except under special permits as required by
local and state regulations issued by the Fire Chief.
C. PYROTECHNIC SPECIAL EFFECTS MATERIAL. A permit
is required to manufacture, compound, store or use PYROTECHNIC
SPECIAL EFFECTS MATERIAL. Permit application shall be make to the
Fire Chief and the Sheriff. A permit shall be granted only to a State Fire
Marshal licensed PYROTECHNIC OPERATOR.
D. The FIRE CHIEF is authorized to establish procedures for
the application and issuance of the permits authorized pursuant to this
section.
"8.36.030. Displays
A. GENERAL. Permits are required to conduct a PUBLIC
DISPLAY OF FIREWORKS, Permit application shall be made to the FIRE
CHIEF not less than 14 days prior to the scheduled date of the display.
The permit application shall include a diagram of the grounds on which the
display is to be held showing the point at which the fireworks are to be
discharged; the location of buildings, highways and other lines of
communication; the lines behind which the audience will be restrained;
and the location of nearby trees, telegraph or telephone lines and other
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overhead obstructions. At the time of permit application, the SHERIFF
shall be consulted regarding the requirements for standby fire apparatus.
B. UNDER SUPERVISION OF PYROTECHNIC OPERATOR.
Public display of fireworks operations shall be under the direct supervision
of a PYROTECHNIC OPERATOR. The PYROTECHNIC OPERATOR
shall be responsible for all aspects of a display related to pyrotechnics.
C. INSURANCE REQUIRED. The permitee shall furnish a
certificate of insurance in an amount deemed adequate by the FIRE
CHIEF for the payment of damages which could be caused either to a
person or persons or to property by reason of the permitted display and
arising from acts of the permitee, agents, employees or subcontractors.
D. The FIRE CHIEF is authorized to establish procedures for
the application and issuance of the permits authorized pursuant to this
section.
"8.36.040 Exceptions
Nothing in this Chapter shall be construed to prohibit the use of fireworks
by railroads or other transportation agencies for signal purposes of
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.
"8.36.050. Enforcement
A. The FIRE CHIEF and his or her authorized representatives
and the SHERIFF and his or her authorized representatives shall have the
authority to enforce the provisions of this Chapter.
B. The FIRE CHIEF and his or her authorized representatives
and the SHERIFF and his or her authorized representatives shall have the
authority to seize, take, and remove any FIREWORKS, DANGEROUS
FIREWORKS, and SAFE AND SANE FIREWORKS in accordance with
applicable law. The FIRE CHIEF and his authorized representative and
the SHERIFF and his authorized representative may charge any person
whose fireworks are seized pursuant to this section, a reasonable amount
which is sufficient to cover the cost of transporting, storing, handling, and
disposing of the seized fireworks.
C. Any person who violates any provision of this Chapter is
guilty of a misdemeanor, and upon conviction shall be punished as set
forth in Chapter 1.20 of the Temecula Municipal Code.
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D. Any person who violates any provision of this Chapter shall
be subject to the enforcement remedies of Chapters 1.21 and 1.24 of the
Temecula Municipal Code.
E. Nothing in this Ordinance shall be intended to limit
any of the penalties provided for under the California Health and
Safety Code or Penal Code with regard to the sale, use,
possession, delivery, or transportation of DANGEROUS
FIREWORKS or all of these, nor any other civil or criminal
remedies available to the CITY, FIRE CHIEF or SHERIFF."
SECTION 2. PRIOR ORDINANCE. The provisions of Chapter
8.36 shall supercede the provisions of any ordinances in conflict therewith
adopted by reference in Chapter 1.08 of the Temecula Municipal Code.
SECTION 3 SEVERABILITY If any portion, provision, section,
paragraph, sentence, or word of this Ordinance is rendered or declared to
be invalid by any final court action in a court of competent jurisdiction, or
by reason of any preemptive legislation, the remaining portions,
provisions, sections, paragraphs, sentences, and words of this Ordinance
shall remain in full force and effect and shall be interpreted by the court so
as to give effect to such remaining portions of the Ordinance.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 10th day of April, 2007.
ATTEST:
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 07-02 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 27th day of March, 2007,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 10th day of April, 2007, by the following vote:
AYES: 5
COUNCIL MEMBERS:
NOES: 0
COUNCIL MEMBERS:
ABSENT: 0
COUNCIL MEMBERS:
ABSTAIN: 0
COUNCIL MEMBERS:
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Comerchero, Edwards, Naggar, Roberts,
Washington
None
None
None
. Jones, MMC
City Clerk
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