Chapter 8.32 - Fireworks#

8.32.010 - Title for citation.#

The ordinance codified in this chapter shall be known and may be cited as the "Lincoln Fireworks Ordinance."

(Ord. 409B §1.04, 1982)

8.32.011 - Fireworks—Defined.#

The term "fireworks" as used in this chapter shall be held to mean firecrackers, rockets, torpedoes, roman candles, toy cannons, detonating canes, blank cartridges, sparklers, squibs and other devices designed and intended for pyrotechnic display. Included within this definition are all "safe and sane" products.

(Ord. 493B §1, 1987)

8.32.020 - Intent.#

The city council declares that it is not its intention in adopting the Uniform Fire Code to prohibit the sale and use of safe and sane fireworks or the public display of fireworks with the city. The ordinance codified in this chapter is, therefore, adopted to provide for the regulation of the sale and use of fireworks in accordance with the state fireworks law (Health and Safety Code section 12500 et seq.) and the regulations of the State Fire Marshall (19 Cal. Admin. Code section 976 et seq.).

(Ord. 409B §1.01, 1982)

8.32.030 - Uniform Fire Code superseded.#

The city council declares that the provisions of this chapter shall control the sale and use of fireworks within the city, notwithstanding any provision of any edition of the Uniform Fire Code which is currently, as of the adoption of the ordinance codified in this chapter, or may thereafter be adopted by the city pursuant to state law.

(Ord. 409B §1.03, 1982)

8.32.040 - Period of lawful possession, use and sale.#

Possession, use and retail sale of "safe and sane" fireworks as defined in the Health and Safety Code of the State of California shall be permitted as provided in this chapter. Retail sales of "safe and sane" fireworks shall be permitted only between the period of noon on June 28 through noon on July 6 in the same calendar year. Public displays of fireworks shall be permitted pursuant only to permit designating the time and place and conditions of such public display.

(Ord. 409B §2.01, 1982)

8.32.041 - Use or discharge of fireworks prohibited within McBean Park.#

Except for public displays as authorized by Article IV of this chapter, no person shall use or discharge fireworks or substances designed or intended for pyrotechnic display within McBean Park.§

(Ord. 493B §2, 1987)

8.32.050 - Permit—Scope.#

A retail sales permit for fireworks authorizes only the sale of "safe and sane" fireworks as defined in the Health and Safety Code of the State of California and approved by the State Fire Marshall of the state of California.

(Ord. 409B §3.01, 1982)

8.32.060 - Permit—Required.#

It is unlawful for any person, firm or corporation to sell fireworks at retail within the city without having first obtained a city permit pursuant to the provisions in this article, in addition to the required state of California license.

(Ord. 409B §3.02, 1982)

8.32.070 - Permit—Application—Filing.#

All applications for permits for the retail sale of fireworks shall be filed in writing with the city clerk on forms supplied by the city. Applications must be filed ten days prior to the actual sale. Applications shall set forth the proposed location of the sale of fireworks.

(Ord. 409B §3.03, 1982)

8.32.080 - Permit—Application—Certificate of insurance to accompany.#

Applications shall be accompanied by a certificate of insurance showing insurance coverage in the amount required by section 12610 of the Health and Safety Code of the State of California. The certificate of insurance shall name the city as an additional insured.

(Ord. 409B §3.04, 1982)

8.32.090 - Permit—Application—State license to accompany.#

All applications for permits shall be accompanied by a license issued by the State Fire Marshall in accordance with the state fireworks law (Health and Safety Code section 12500 et seq.). Applications shall furnish such other data or information as may be reasonably required by the fire chief relating to the issuance of such retail sale of fireworks permits.

(Ord. 409B §3.04, 1982)

Editor's note— Ord. 409B contains two sections numbered 3.04.

8.32.100 - Permit—Application—Fire chief approval.#

Applications for the sale of "safe and sane" fireworks shall be approved by the fire chief.

(Ord. 409B §3.05, 1982)

8.32.110 - Permit—Assignment.#

The permit issued pursuant to this article shall be personal to the licensee and shall not be assigned.

(Ord. 409B §3.06, 1982)

8.32.120 - Stand location and specifications.#

All retail sales of "safe and sane" fireworks shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is prohibited. Temporary stands shall be subject to the following provisions:

1. Fireworks stands shall be located on property zoned C, H-C, L-I or I.

2. No fireworks stand shall be located within 25 feet of any other building§ or within 50 feet of any gasoline station, fuel pump, storage tank or bulk plant.

3. Fireworks stands shall be located at least 150 feet apart§.

4. Fireworks stands need not comply with the provisions of the building code of the city; provided, however, that all stands shall be erected under the supervision of the city building inspector, who shall require that stands be constructed in a manner which will reasonably ensure the safety of attendants and patrons.

5. Each stand must have at least two approved exits spaced an equal distance apart.§

6. Any relocation of the fireworks stands shall be subject to prior approval of the fire chief.

7. Each fireworks stand shall be provided with two-gallon "water-type" fire extinguishers approved by the fire chief, in good working order, and easily accessible for use in case of fire.

8. All weeds and combustible materials shall be cleared from the location of the fireworks stand, and for a distance of at least 30 feet surrounding the stand.§

9. "No Smoking" signs shall be prominently displayed on each fireworks stand.

(Ord. 428B §1, 1982; Ord. 409B §3.07, 1982)

8.32.130 - Sales personnel.#

No person other than the licensee and his or her spouse and adult children or members of the licensee organization, or the wives or husbands or adult children of such members, shall operate the stand or sell or otherwise participate in the sale of fireworks at such stand.

(Ord. 409B §3.08, 1982)

8.32.140 - Watchman.#

Each fireworks stand shall have an adult watchman in attendance and in charge thereof while the stand is being used for the sale, offering for sale, display or storage of fireworks.

(Ord. 409B §3.09, 1982)

8.32.150 - Location of fireworks.#

All fireworks shall be retained at the approved location of the fireworks stand at all times, and in no event shall fireworks, other than those which have been sold, be removed from the approved location to any other place without the approval of the fire chief.

(Ord. 409B §3.10, 1982)

8.32.160 - Alcoholic beverages.#

There shall be no drinking of alcoholic beverages in or about the fireworks booth or storage site at any time.

(Ord. 409B §3.11, 1982)

8.32.170 - Discharge of fireworks near stand.#

It is unlawful to discharge or ignite fireworks within 150 feet of a fireworks stand.§

(Ord. 409B §3.12, 1982)

8.32.180 - Hours—Removal of stand.#

The sale of fireworks may be limited to specified time periods and hours of operation. Fireworks stands and any other material used in connection with the sale of fireworks shall be removed within 48 hours after expiration of the permit and the site shall be left free of litter or refuse.§

(Ord. 409B §3.13, 1982)

8.32.190 - Permit—Required.#

It is unlawful for any person, firm or corporation to maintain or conduct a public display of fireworks within the city without having first obtained a city permit pursuant to the provisions in this article, in addition to the required state of California license.

(Ord. 409B §4.01, 1982)

8.32.200 - Permit—Application—Filing.#

All applications for permits for the public display of fireworks shall be filed in writing with the city clerk on forms supplied by the city. Applications must be filed a minimum of 15 days prior to the date proposed for the public display.

(Ord. 409B §4.02, 1982)

8.32.210 - Permit—Application—Contents.#

(a) All applications for permits for the public display of fireworks shall be accompanied by a license issued by the State Fire Marshall in accordance with the state fireworks law (Health and Safety Code section 12500 et seq.).

(b) All applications shall contain the information required by and listed in section 983.2(a) of Title 19 of the California Administrative Code.

(c) All applications shall be accompanied by a certificate of insurance showing insurance coverage in the amount required by section 12610 of the Health and Safety Code of the State of California. The certificate shall name the city as an additional insured.

(d) All applications shall contain such other data or information as may, from time to time, be reasonably required by the fire chief or the city council relating to the issuance of a permit for the public display of fireworks.

(Ord. 409B §4.03, 1982)

8.32.220 - Permit—Application—Approval.#

Applications for public displays of fireworks shall be approved by the city council upon recommendation of the fire chief.

(Ord. 409B §4.04, 1982)

8.32.230 - Permit—Assignment.#

Any permit issued shall be personal to the licensee and shall not be assigned.

(Ord. 409B §4.05, 1982)

8.32.240 - Time restrictions—Cleanup after display.#

The public display of fireworks may be limited to specified time periods. Fireworks stands and other material used in connection with the public display of fireworks shall be removed within 48 hours after expiration of the permit and the site shall be left free of litter or refuse.

(Ord. 409B §4.06, 1982)

8.32.250 - Violation—Misdemeanor.#

Any person who violates any provision of this chapter is guilty of a misdemeanor, punishable as misdemeanors are punishable by the laws of the state of California.

(Ord. 409B §5.01, 1982)

8.32.260 - Violation—Nuisance.#

A violation of this chapter is a nuisance. The city may institute, in any court of competent jurisdiction, an action to restrain, prevent, correct or abate any violation of this chapter.

(Ord. 409B §5.02, 1982)