Ord 126ORDINANCE NO. 126
AN URG~-'Y ORDINANCE
OF THE CITY OF POWAY, CAT.T~ORNIA,
RBGULATING THE SALE OF FIREWORKS
WHEREAS, in Ventura v. City of San Jose~ (1984) 151 Cal.App.3d 1076, the
court held that a total local ban on the sale of safe and sane fireworks is
preempted; and
WHEREAS, fireworks of all types including so called safe and sane
fireworks are a major cause of fires and severe personal injury, especially to
children; and
WHEREAS, the City is authorized to require permits for the sale of safe and
sane fireworks purs,~ant to the provisions of Section 12500 et.seq, of the
California Title 19, Health and Safety Code and Section 982 of the California
Administrative Code; and
WHEREAS, the City of Poway would retain its total ban on the sale of
all fireworks within the City except for the finding of preemption; and
WHEREAS, it is necessary that this ordinance be effective ia~ediately upon
adoption in order to protect the health, safety andwelfare of the cc~unity;
NOW, THEREFORE, the City Council of the City of Poway, California does
ordain as follows:
S~CTION 1: That Section 2 of this ordinance shall become effective only
if the provisions of the California Health and Safety Cede are not amended to
permit cities or other local agencies to prohibit the sale of safe and sane
fireworks.
S~CTION 2: Section 78.102 of the Uniform Fire Code is amended by the addi-
tion of subsection (d) to read as follows:
(d)
Safe and Sane fireworks as defined in Section 12529 of the State
Health and Safety Code may be sold subject to the following restric-
tions:
(1)
A permit for sale of safe and sane fireworks has first
issued by the City Council. The City Council may issue a permit
only if:
(A)
The applicant is licensed for retail sale purs,mnt to the
provisions of Article 3 of Title 19 of the California
Administrative Code.
(2)
(3)
(4)
(5)
Ordinance No. 126
Page 2
(B)
The entire building frcm which the fireworks will be sold is
located in the "MS" Manufacturing Service Zone; is construe-
ted to meet the requirements of Group H, Division 1 occupan-
cy; is equipped with a sprinkler system which is designedfor
extra hazardous storage or use; and is not a temporary struc-
ture.
(C)
The Director of Safety Services has determined that neither a
medium nor high wild-land fire danger exists during the
licensed period in the City of Poway as calculated by the
Director in accordance with the United States Forest Service
Wild-Land Fire Spread and Ignition Indexes. For purposes of
this section the Director shall determine whether the wild-
land fire danger is low, medium or high for the license
period on the date that the City Council considers issuance
of said license. Such determination shall be the composite
of the wild-land fire w~ather ~suren~nts for the City of
Poway for the date that the City Council considers iss~ance
and the ~ately preceeding four (4) days.
(D) The applicant has paid an application fee in an amount of
Seventy-Five Dollars ($75.00).
The permit shall allow sale only during the period of 12:00 noon
June 28, through 12:00 noon July 6, inclusive, of a calend~r year.
A permit shall be valid for one calendar year only. No permit
shall be issued unless application therefore is complete and
received by the Department of Safety Services on or before June 10
preceeding the license period so that investigation of such appli-
cation by the Director of Safety Services may be completed and
action thereon rec<manended to the City Council for consideration
on the Tuesday ~iately preccccling the license period.
No safe and sane fireworks shall be sold to any person under the
age of 18 years.
No person under the age of 18 years sbmll sell or participate in
the sale of safe and sane fireworks.
A sign not smaller that thirty-six inches by thirty-six inches
with letters not smaller than two inches in height which states
"W~rning": It is illegal to use or explode any fireworks,
including those sold by this establishment, in the City of Poway,"
shall be posted in a prominent location where it can be easily
seen by custc{ners in the premises.
Ordinance No. 126
Page 3
SECTION 3: This ordinance is hereby declared to be an emergency ordinance
adopted as an urgency measure to protect the public health, safety and welfare
and shall take effect immediately upon its adoption, Th~ fact$ constituting the
e~ergency are set forth above and represent a serious threat to the citizens of
Poway.
S~CTION 4: This ordinance shall be effective imm~iately upon passage; and
before the expiration of fifteen (15) days after its passage, it shall be
published once with the names and members voting for and against the same in the
Poway News Chieftain, a newspaper of general circulation published in the City
of Poway.
PASSED AND ADOPTED at a regular ma~cting of said City Council held the 15th
day of May, 1984, by the following roll call vote:
~MERY, KRUSE, ORAVEC, SHEPARDSON, TARZY
NONE
NONE
Marjorie ~K.~Wahlsten, City Clerk