HomeMy WebLinkAbout13.1 Sale of Fireworks • • to50ri0o
DUBLIN SAN RAMON SERVICES DISTRICT
FIRE DEPARTMENT
HEADQUARTERS STATION
9399 Fircrest Lane 7051 Dublin Boulevard Telephone:
San Ramon, California Dublin, California 94566 829-2333
8 January 1982
Mr. George Gaekle
Consultant to the City of Dublin in Formation
6500 Dublin Blvd. , Room 218
Dublin, CA 94566
Dear Mr. Gaekle:
This will confirm our discussion of late December 1981 regarding the sale of the
so-called Safe and Sane fireworks within the city limits of Dublin.
Prior to the incorporation of Dublin, Alameda County permitted the sale of fire-
works in unincorporated Dublin. -
The sale and licensing of fireworks stands was administered by my office under the
terms and conditions of the County ordinance, and a court order obtained by a fire-
works provider requiring me to permit the sale of fireworks. This brings me to our
current problem.
I assume that when the city becomes a fact on February 1, 1982 that the city will
exercise its power to control fireworks.
The fireworks providers are questioning me on the city's position on the matter, and
I have advised them that I have no way of knowing what will be the city's position
until the city council is officially seated and reviews the situation: The problem of
fireworks is further complicated by the fact that the county ordinance requires me to
begin accepting applications for fireworks stands on February 1st of each year.
I believe that my position on fireworks is well known by the community as one of
opposition to the sale or use of any type of fireworks, whether the so-called safe
and sane or dangerous type.
When fireworks sales are permitted, we have an increased problem of illegal fireworks,
because in some cases, the general public does not or is unable to make distinction
between safe and sane and illegal fireworks. In addition, no other city (Livermore or
Pleasanton) in the valley permit the sale of safe and sane fireworks within city limits.
Finally, we have records of fireworks related fires within our District for several past
years and we can make these available to the city.
Please call on me at any time for further clearification or additional information. Also,
I am attaching a copy of Alameda County Ordinance 76-34 regarding fireworks. There is
an amending ordinance which provides for issuance of sales permits only to non-profit
organizations.
Rest- ully,
/gf
PHIL IA. PHILLIB'' I•
Fire Chief
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"ORDINANC2NO.7634
AN ORDINANCE-REPEALING AND REENACTING-L!TICLE 3 OF CHAP:ER 2 OF TITLE 3
OF THE ORDINANCE CODEOF THE COUNTY OF ALAMEDA RELATING TO FIREWORKS, '
The Board of Supervisors of the County of Alameda do ordain as follows: _
. SECTION I - .r _
Article 3 of Chapter-rot ti i the Crr' d.anty ofAlamed is hereby- i r ) 1 ,j._:.
cPeaied:: -_ i ;� 1 (.
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Article 3 of Chaphe 2 is hereby added to Tile 3 of the Ordinance Code of the County of. ; f } i l = . L.
Alameda-to read - 4 SCIi1 i +;- ; ,1'.
Ar[t is 3. _ .. tl i.i � 1 _, 1 ;
Section 3-22.0.Definitions As used in this Article the words antl phrases"fireworks l k�
"dangerous Fireworks and safe and sane fireworks shall have the,respective meanings i'it•v`(--1---.(:•'T �v`.,,
ascribed to them in Sections 12511.12505 and 12529 of the-Health and Safety Code of the . .1.. .1`ri y �'
State of California. - .. ...
Section 3-22.1.Unlawful to Use Flreworks.lt is unlawful for any person to lire.discharge
or explode or cause to befired,discharged or exploded any fireworks except safe and sane
fireworks on July 3.4.and 5 and except at public displays as hereinafter in this Article
provided. .. - _. . ...,. ..
Section 3-22.2. Public Displays.It is not unlawful to use fireworks at public displays
pursuant to permits issued in accordance with this section. .
Any person desiring to hold a public display of fireworks shall make application therefor '
to the Fire Chief at least twenty(20)days in advance of the display.The applicant shall,at
the time of application,submit his State license for_inspection and furnish proof that he..
carries compensation insurance for his employees as provided Dy the laws of the State of+,
California: -5 .
The Fire Chief-shall make an.inveshgation to determine whether such a display as C
proposed will be of such character or So located that it may be hazardous to property and r
dangerous to any person,and shall,in the exerciseof reasonable discretion,grant or deny f
the permit,subject to such conditions as he may prescribe.No permit granted hereunder
Shall be transferable.
Section 3-22.3.Permits to Sell Safe and Sane Fireworks. '., .
(a) Any person desiring to sell or-to offer for sale safe and sane fireworks shall make
written application to the Fire Chief for a permit to sell fireworks at a fireworks-stand. - '
application shall be made on forms provided by the Fire Chief. :. r . . •
.
. (b) Applications shall be made between the first day of February and the fifteenth day of
May of each year except in-the year 1976 applications may be made Up to and including the
twenty-firs)day of June..
(c) Every application for a permit*hall be accompanied by a fee in an amount specified a
Dy resolution of the Board of Supervisors,to cover reasonable costs of investigation and '
administration_If the application is denied,one-half of such fee shall be refunded.-
(d) The application shall be accompanied by a deposit of one-hundred dollars(6100), .
:Mich shall be held by the county to ensure that the applicant removes the fireworks stand
and all litter from the premises.If the permit is not granted or,it granted and the applicant. .
-emoves the stand and litter as aforesaid,thedeposit of one-hundred dollars(S100)shall be
'eturned to the applicant,otherwise it shall be used by the County to accomplish the work
tuaranteed-thereby.with any balance to be returned to the applicant. -
fp)'The application shall set forth the proposed location();the-fireworks stand,idclud-
ng a map or plot plan of the lot or premises on which the stand is to be located depicting
he stand and other structures on the premises.Any such stand must conform to zoning .•Ind other applicable laws-and regulations.the written permission_df the owner of record
1r lessee must accompany the application: .' " .
r
(I) Fireworks stands shall be located only in areas Toned Commercial-(C)or Industrial, k '
.Section 3-22.4r Investigation and.Issuance of Permit.The Fire Chief shall cause an
lvestigation to be made and shall issue a permit if he.determines that the application .
onforms to the provisions of this TArticle.and that the location of the proposed fireworks
tand will not constitute a fire hazard or otherwise endanger persons or property in the
• a a
icinity.Such investigation shall be coordinated with any other investigation required to
Issure compliance with zoning,trafficand other applicable regulations of the County.The i 5 11.4,1x--:!1;:.?.; ._-
.ermit issued may be subjecttosuch reasonable conditions as may be necessary to protect 11. } .,.;
1 :
rope ty safety and welfare of residents of the County and the safety of neighboring i. Ty ••
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property. - !i i iri Jr ,
Section 3-22.5. Fireworks Stand Requlrementa All retail sales of safe and sane
reworks shall be permitted only from within a temporary fireworks stand,and sale from { !.1-
ny other building orstructureisherebyprohibited.Temporary stands shall be subject to
- e
•1e following provisions: - E•(a) No fireworks stand shall belocatedwithin 25 feet of any other building nor within 100 . `11°• mil•:1'i''r{
;et of any gasoline pump.
(b) Fireworks stands need nbtcomply with the provisidns of the building code.provided.
...nay shall eca.ected In such a manner that will reasonably insure the _----- ----
afety of attendants and,patrons. .•
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(c) No standshall have a floor area in-excess of•300 square feet. -
(d)'Each stand in excess of 24 feet in length must have at least two exits;and each stand
I excess of 40 feet in length must have at least three exits spaced approximately equid is- -
.nt apart,provided.however,that in no case shall the distance between exits exceed 24
et.
(e) Eachfi reworks stand shallbe provided with two,twoandone.-half gallon fireexting- .
shers suitable for Class A tires; in good working order and easily accessible. Such .
d
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inguishers Shall be approved-as to type by the Fire Chief and shall conform to the
-ovisions of this code. - •
(1) All signs pertaining to the firework's-Stand and sale of fireworks shall be located on the
t or premises on which the stand is located and shall not exceed a sum total of lifty.(50)
. Section 3-22.6:General Re ulrements for Permitees. ' -, : '
a '(a) All weeds and combu ateria;shall be cleared Irom the location of the stand
including a distance of at le 'eel surrounding the stand. •
(b) "No Smoking"signs shar.-_e prominently displayed on the fireworks stand. •
• (c) Each stand must have an adult in attendance and in charge,thereof while fireworks
are stored therein. Sleeping of remaining in stand after close of business each day is
forbidden. ' . - . .
(d) The sale of fireworks shall not begin before 12:00 o'clock noon on the 28th day of
June and shall not continue after 12:00 o'clock noon on the 6th day of July. • •
• is (e)-An informational brochure concerning instructions as to the use of safe and sane
fireworks and the hazards attendant with their use by minors shall be furnished each
.._ •.
• . (f) All unsold stock and accompanying litter shall be removed from the location by 5:00
o'clock P.M.on the 7th day of July. _ •
(g) The fireworks stand shall be removed.irom the temporary location no later than the
10th day of July.-and all accompanying-litter shall be cleared from said location by said
::1',.•
r .Section 3-22.7.Limitation on Number of Permits The maximum number of permits to
sell safe and sane fireworks which may be issued pursuantlo this Article during any one
i t calendar year shall not exceed one permit for each 3 000 residents of a Fire Protection
I': District.Community Services District,or unincorporated territory of the County not con-
"Ilit t,i 1
tamed within any such such district, base? on the most recent population figures de-
y t veloped-by the.Alameda County Planning Department. If the number of applications
I , i .r
- t received up toand includinglhe last day for making applications pursuant to this Article
ERr ^1 i I r exceeds the number of permits to be issued for any such district or territory:the approp-
U, S riatefire chief shallimmediately thereafter supervise an impartial drawing Codetermine an
it rC:11 f'' • order of priority for each application.No permit shall be issued to any applicant who does•-- • - not possess,and present at thetime of application.a valid license issued by the State Fire
Marshal for-the retail sale of safe and sane fireworks and no licensee shall receive more
• than-one permit during any one calendar year.- :. .': -'section 3-22.8.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 demonstrations;or the sale,discharge
Or display of fireworks by permittees having a permit as hereinafter provided;or the use
• and display of fireworks pf.whatever nature by any person engaged In the production of
. motion pictures,theatricals.or operas when such.use end display is a necessary part of
• such production;nor shall this Article apply to those items exempted by Section 12540 of
the Health and Safety Code of the State of California. • .• -
SECTION
• This ordinance shall take effect and be in force thirty(30)days Irem andafter the date of
'its passage and before the expiration of fifteen (15)days after its passage it shall be
published once with the names of the members voting for and against the same in The
Inter-City Express,a newspaper published in the said County of Alameda.
i Adopted by the Board of Supervisors of the County of Alameda,State Of California.on the
. 18th day of May,1976,by the following called vote:, • • _ .
AYES:Supervisors Bort,Murphy and Santana-3...1
NOES:Temporary Chairman Bates—l. _ ,
EXCUSED:Chairman.Cooper—i '' -
- , FRED F.COOPER,
Chairman of the Board of Supervisors of the
,:_•,:r.•._. : .: -. _ _ County California.
•
my of Alameda,State JACK.- _._. _ C K.
_ Clerk of the Board of Supervisors,
County of Alameda.Stale of California.
- ey:JACK K.POOL.
- -7633D8-5-25-i t
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