Ordinance 1024• ORDINANCE N0. 1024
AN ORDIIdANCE OF THE CITY OF CUPERTINO
ADDING CHAPTER 10.24 OF THE CUPERTINO
MUNICIPAL CODE RELATING TO THE SALE,
USE, AND/OR DISCHARGE OF FIREWORKS
WI'PHIN THE CITY AND DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
Section 10.24 is hereby added to read as follows:.
10.24.010 - Defined. For the purpose of this
Chapter, the words and phrases, "fireworks," "dangerous
fireworks," and "safe and sane fireworks," shall have the
respective meanings ascribed to them in Sections 12511, 1 505,
and 12529 of the Health and Safety Code of the State of
California.
10.24.020 - Prohibitions. Except as otherwise provided
herein, it shall be unlawful for any person, firm, corporation,
or organization to sell fireworks, dangerous fireworks, and/or
safe and sane fireworks within the City except upon the issuance
of a permit by the City Manager. Zt shall be unlawful for any
fireworks, dangerous fireworks, and/or safe and sane fireworks
to be used or discharged within the City.
10.24.030 - Exceptions. Nothing in this Chapter shall
be construed as prohibiting the use of torpedoes, flares, or
or fuses by railroads or other transportation agencies for
signal purposes of illumination; or the sale, use or discharge
of emergency signaling device, as defined in Section 12506 of
the Health and Safety Code of the State of California, by any
person in an emergency situation; or the use of blank cartridges
• e
for ceremonial purposes, athletic, or sports events or
military ceremonials or demonstrations; or the use and dis-
play of fireworks of whatever nature by any person engaged in
the production of motion pictures, theatricals, or operas
when such use and display is a necessary part of such pro-
duction; or the transportation of fireworks through the City
in regular course, and in original packages or containers
from any point outside of the City or to any other point
outside of the City.
10.24.040 - Permits to Sell Safe and Sane Fireworks.
Any person, fira-, corporation or organization desiring to sell
or to offer for sale safe and sane fireworks shall make written
application to the City Manager for the issuance of a permit.
10.24.050 - Conditions of Permit. Any such permit
issued by the City Manager shall, in addition to any other
conditions imposed, be subject to the following conditions:
A. Com liance with State Law. Every permittee shall
comply with a cense provisions o the State Fireworks Law
and the permit conditions and requirements of the State Fire
Marshal.
B. Insurance. Every permittee shall submit documen-
tary proof of pub is liability insurance of not less than
$100,000 for injury to any one person, $300,000 for injuries
sustained by persons in any one accident, and $50,000 property
damage. The policy shall include coverage for the City of
Cupertino, its employees and agents and, in addition, there
shall be submitted proof of products liability inssurance, with
minimum ccverage of $300,000.
C. Re uirements for the Location of Dis la Booths
and Stands. Eac isplay booth or stan used for the sale of
firefire or~shall be constructed to meet the following require-
ments:
1. .Jo fireworks stand shall be located within
twenty-five (25) feet of any building.
• s
2. No fireworks stands shall be located in
Agriculr_ural or Residential zones.
3. Setback distance from fireworks display
booths or stands to the front property line shall
be as follows:
a. Stands located in Commercial and
Planned Development zoning districts require
' no setback from front property lines.
b. Stands located in Industrial zoning
districts shall have a ten (10) foot minimum
setback from front property lines.
4. All dry grass, weeds and other combustible
material shall be cleared away for a distance of
twenty-five (25) feet in all directions from any
temporary stand.
5. During sales hours no motor vehicles shall
be parked within ten (10) feet of any sales stand.
6. Sales stands containing fireworks shall be
supervised at all times. No person shall sleep or
remain inside any stand when it is not open for
business.
7. Each. sales stand shall be provided with one
(1) approved fire extinguisher having a minimum
rating of 2-A. The extinguisher shall be hung in a
conspicuous, accessible location so the top of the
extinguisher is not more than five (5) feet above
the floor or grade.
8. No stand shall be located on property adja-
cent to an expressway with acquired access control
exce t for stands fronting on adjacent roadways, and
there is a permanent fence at least six (6)
feet in height between the stand and the expressway.
9. Stands on property adjacent to an expressway
with access rights shall have an access point approved
by the City of Cupertino Public Works Department.
I0. Stands fronting on a street where signs are
posted to prohibit parking shall have off-street
parking provided as follows:
A minimum of five (5) parking spaces for stands
one hundred (100) square feet or less in size.
Each additional fifty (50) square feet of stand
• e
area requires one (1) additional parking space
up to a maximum of twelve (12) parking'spaces.
11. "No Smoking" signs, having letters not less
than four inches (4") high, shall be posted in a
conspicuous place.
12. Signs having letters not less than four
inches (4") high and reading "USE OR DISCHARGE OF
FIREWORKS WITHI2J THE CITY LIMITS OF THE CITY OF
CUPERTINO IS PROHIBITED BY SECTION 10.24.020 OF
THE CUPERTINO MUNICIPAL CODE" shall be posted in a
conspicuous place.
D. Reauirements for the Construction of Disnlav Booths
and Stands. Eachdisplay booth or stand used for tFie sale of
irewor shall be constructed in conformance with the following
requirements:
1. Stands shall be constructed of wood or metal.
The roof, reaz wall and ends shall be solid wood or
metal.
2. No stand, including signs mounted thereon,
shall exceed twelve feet (12') in height.
3. Stands shall be provided with at least one (1)
exit, having a minimum clear width of thirty inches
(30"), and a minimum clear height of six feet, six
inches (6'6"). if the number of persons inside the
stand does not exceed ten (10), the minimum clear
width may be to twenty-two inches (22"). Any stand
with an enclosed area of two hundred (200) square
feet or more shall be equipped with a minimum of two
(2) exits meeting the foregoing requirements. If
equipped with a door, said door shall swing in the
direction of exit travel.
4. Display shelves in the front of the stand
shall be constructed in such a manner that all items
displayed aze under glass or other material approved
by the Fire Marshal or City Inspector.
5. All fireworks not displayed under glass shall
be stored in a manner approved by the Fire Marshal or
City Inspector.
6. Construction shall conform to safety standards
as established by the City Building Department.
E. General Qoeration of Disolav Booths and Stands.
1. No fireworks shall be sold nor fireworks
stand operated by any person under eighteen (18) years
of age.
subject non-profit organization and shall contain such additional
information as the City Manager may require.
Zf there are more than twelve (12) duly submitted
applications, the City Manager shall select the twelve (12)
permittees by means of a lottery system conducted under the
administration of the City Manager within three (3) working
days after June 18 The City Manager shall
promptly notify the selected permittees.
10.24.070 - Severability. If any section, subsection,.
sentence, clause, phrase, or portion of this Ordinance is for any
reason held to be invalid or unconstitutional by the decision
of any Court of competent jurisdiction, such decision shall not
affect the remaining portions of this Ordinance. The City Council
of this City hereby declares that it would have adopted this
Ordinance and each section, subsection, sentence, clause,
phrase or portion thereof, irrespective of any such said decision.
10.24.080 - Violation - Penalty. Any person, firm,
corporation or organization violating any of the provisions
of this Chapter or knowingly or intentionally misrepresenting
to any officer or employes of this City any material fact in
procuring the permit herein provided shall be guilty of an
infraction and upon conviction thereof shall be punished as
provided in Chapter 1.12.
10.24.090 - Statement of Urgency. This Council hereby
finds, determines, and declares that this Ordinance is an urgency
measure necessary for the immediate preservation of the public
on
•
2. No fireworks shall be sold to any person
under sixteen (16) years of age.
3. Legible signs indicating that sales are
not permitted to persons under sixteen (16) years
of age shall be posted conspicuously on all fireworks
sales stands.
4. Instructions on the safe handling and dis-
charge of fireworks shall be distributed to every
person purchasing fireworks. Said instructions shall
be approved by the Fire Marshal prior to the issuance
of a retail sales permit.
F. De~o~si~t. Each permittee shall, within five (5) days
after the expira~on of the period for which the permit is .issued,
remove any and all temporary structures used by the permittee
in the sale of safe and sane fireworks. In addition, each
permittee shall leave the premises upon which said temporary
structures were located free of litter and other debris. As
security for the performance of this obligation, every permittee
shall deposit with the City t4anager the sum of S250.00. The
City Manager shall, upon request by the Permittee, cause the
premises to be inspected by the Building Department of the
City of Cupertino. If, after inspection of the premises, the
Building Department determines that the premises are free of
litter and other debris, the City Manager shall return the
permittee's deposit of 5250.00. If the Building Department
determines that the premises are not free of litter or other
debris, the City Manager shall notify the permittee in writing
of the estimated cost of clearing the litter and other debris
from the premises. The City Manager shall retain that portion
of the permittee's deposit equal to the estimated cost of clear-
ing the premises of litter in order to defray the cost of cleaning
the premises.
10.24.060 - Permit Requirements. The City Manager
may issue annual permits for the sale of safe and sane fireworks
within the City, not to exceed twelve (12) in number, on duly
submitted applications therefore by non-profit organizations.
Said applications shall be in writing and received by the City
Manager no later than the close of business on the last working
day prior to
June 18
of each year. Said applications
also shall be signed by a responsible officer or person of the
peace, health, and safety and shall go into effect immediately
upon adoption. The facts constituting such urgency are:
The Fourth of July holiday will occur prior to the
normal effective date of this ordinance. The City of Cupertino
deems it necessary that this ordinance be effective immediately
upon adoption to provide maximum public protection to those
purchasing and selling fireworks within the City limits.
INTRODUCED and ENACTED at a regular meeting of the
City Council of the City of Cupertino this 17th day of
June, 1980, by the following vote:
AYES: Plungy, Sparks, Rogers
NOES : None
ABSENT:None
ABSTAIN: Gatto
ATTEST:
//`d~ Ori.~.l~
City C-le-Tr c-
APPROVED:
Mayor, C ty o •upe