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HomeMy WebLinkAbout07-02 CC Ordinance I I I 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. R:/Ords 2007/0rds 07-02 I I I (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 R:/Ords 2007/0rds 07-02 2 I I I 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 R:/Ords 2007/0rds 07-02 3 I I I 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 R:/Ords 2007/0rds 07-02 4 I I I 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. R:/Ords 2007/0rds 07-02 5 I I I 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] R:/Ords 2007/0rds 07-02 6 I I I 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: R:/Ords 2007/0rds 07-02 Comerchero, Edwards, Naggar, Roberts, Washington None None None . Jones, MMC City Clerk 7