Ord 128 CRDINANCE NO. 128
CRDINANCE OF THE CITY OF POWAY, CALTFORNIA,
R~GULATING THE S~LR OF F~RKS
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
pr ~mpted; and
WHEREAS, fireworks of all types incl,~ng 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 pursuant 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 immediately upon
adoption in order to protect the health, safety and welfare of the cceanunity;
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 Code are not amended to
permit cities or other local agencies to prohibit the sale of safe and sane
fireworks.
SBCTION 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 my be sold subject to the following restric-
tions:
(1)
A permit for sale of safe and sane fireworks has first been
issued by the City Council. The City Council may issue a permit
only if:
(A)
The applicant is licensed for retail sale pursuant to the
provisions of Article 3 of Title 19 of the California
Administrative Code.
Ordinance No. 128
Page 2
(2)
(3)
(4)
(5)
(B)
The entire building frc~ which the fire works will be sold is
located in the "M~" Manufacturing Service Zone; is construc-
ted to ~ct the requirements of Group H, Division 1 occupan-
cy; is equipped with a sprinkler system which is designed for
extra hazardous storage or use; and is D~t a temporary struc-
ture.
(c)
The Director of Safety Services has determined that neither a
medium nor high wild-land fire ~l~nger exists during the
licensed period in the City of Poway as calculated by the
Director in accora~nce with the United States Forest Service
Wild-T~nd 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 weather measurements for the City of
poway for the date that the City Council considers issuance
and the Lanediately prong 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 calenaar 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 recc~nended to the City Council for consideration
on the ~_esday ~t,~diately precccding the license period.
No safe and sane fireworks shall be sold to any person under the
age of 18 y~rs.
No person under the age of 18 y~rs shall 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
"Warning": 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~ers in the pr~mises.
Ordinance No. 128
Page 3
SECTION 3: This ordinance sb~ll take effect and be in force thirty (30)
days after the date of its 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.
Introduced and first read at a regular m~cting of the City Council of the
City of Poway held the 22nd day of May, 1984, and ther~fter PASSED AND ADOPTED
at a regu]_~r meeting of said City Council held the 29th day of May, 1984, by the
following roll call vote:
AYES: COUNCILA~MRRRS: ~ERY, KRUSE, ORAVEC, S~ARDSON, TARZY
Marjorie K~ Wahlsten, City Clerk
Bruce J. Tar~ May6r ~/