2009-26 Fireworks Sale ORDINANCE NO. 2009-26
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE
SUPERSEDING COUNTY ORDINANCE NO. 858, AS AMENDED, AND
ADDING CHAPTER 11.19 TO THE MENIFEE MUNICIPAL CODE TO
PROHIBIT THE SALE OF FIREWORKS WITHIN THE CITY
The City Council of the City of Menifee does ordain as follows:
Section 1. Findings:
The City Council finds as follows:
A. This ordinance is based evidence provided by the Sheriff's Department which shows
that despite the prohibition on personal use and sale of fireworks, such sale, purchase,
use, storage and disposal of fireworks has reached critical proportions in Riverside
County, thereby endangering the public safety of its citizens such that stronger
regulations and penalties are imperative.
B. The Sheriff's Department has developed such stronger regulations and penalties,
which are set out in this ordinance.
C. In the past six years, the number of fireworks calls for service responded to by the
Sheriff's department has doubled while the number of pounds of fireworks confiscated
has nearly tripled. In 2004, the Sheriff's department responded to two thousand one
hundred eighteen (2,118) calls for service involving fireworks and confiscated
approximately one thousand two hundred twenty-three (1,223) pounds of fireworks. In
2005, the Sheriff's department responded to two thousand seven (2,007)fireworks calls
for service and confiscated approximately one thousand three hundred fifty-two (1,352)
pounds of fireworks. These numbers only reflect those calls for service that generated a
file number. Many times on holidays with numerous fireworks-related calls, such as the
Fourth of July, the fireworks calls for service will be made via a general radio broadcast
and are not included in the statistics in this section.
D. On the Fourth of July 2005, the Riverside Sheriff's department hazardous device
team increased enforcement in an unincorporated, residential neighborhood where the
use of illegal fireworks was known to occur. They confiscated over four hundred fifty
(450) pounds of illegal fireworks before law enforcement left the area due to officer
safety issues.
E. Fireworks are a serious concern for several reasons. First, fireworks are sold to
children. According to the U.S. Fire Administration, children under the age of fifteen (15)
suffered forty-five (45) percent of all injuries from fireworks in 2003. Second, fireworks
are often stored without safety precautions in residential neighborhoods. In March 2006,
in Los Angeles County, a cache of illegally stored fireworks destroyed a Lakewood home
when they erupted in a massive explosion that knocked the house off its foundation and
damaged several other houses and cars nearby. Third, fireworks can be disassembled
for the explosive powder they contain to make bombs and other explosive devices.
Fourth and finally, fireworks often come from Mexico where safety regulations for making
fireworks are not as stringent as those for fireworks manufactured in the United States.
Ordinance No. 2009-26
Fireworks Regulations
F. Fireworks may lead to hazardous situations, injuries, personal property loss, and
fires, which jeopardize the safety of the public and increase the cost of law enforcement
and fire protection. Moreover, in light of Menifee's location and dry climate, the area may
be subject to extreme fire hazards and long and volatile fire seasons, making the
fireworks activities even more dangerous to all citizens of the county not just the ones
possessing and using the fireworks.
G. The number of fires caused by fireworks in Riverside County has steadily increased
in recent years. In 2003, sixty-three (63) fires were caused by fireworks. The number
rose to seventy (70) fires in 2004 and seventy-nine (79) fires in 2005.
H. The form of ordinance here is that recommended by the Sheriff's Department with
the approval of the Fire Department and is the same as that adopted for the majority of
cities within Riverside County.
Section 2. Chapter 11. 20 is added to the Menifee Municipal Code to read as follows:
Chapter 11.20
FIREWORKS
Section
11.19.010 Definitions
11.19.020 Prohibition
11.19.030 Displays
11.19.040 Exceptions
11.19.050 Seizure and disposal
11.19.060 Penalties
11.19.010 Definitions.
As used in this Chapter, the following words shall have the following meaning as
used herein:
(a) "Dangerous fireworks" has the same meaning ascribed to it under Section
12505 of the California Health and Safety Code and includes all of the following:
1. Any fireworks which contain any of the following:
a. Arsenic sulfide, arsenates, or arsenites,
b. Boron,
c. Chlorates, except:
i. In colored smoke mixture in which an equal or greater amount of sodium
2
Ordinance No. 2009-26
Fireworks Regulations
bicarbonate is included,
ii. In caps and party poppers,
iii. In those small items (such as ground spinners) wherein the total powder
content does not exceed four grams of which not greater than fifteen (15) percent
(or six hundred (600) milligrams) is potassium, sodium, or barium chlorate,
d. Gallates or gallic acid,
e. Magnesium (magnesium-aluminum alloys, called magnalium, are permitted),
f. Mercury salts,
g. Phosphorus (red or white except that red phosphorus is permissible in caps and
party poppers),
h. Picrates or picric acid,
L Thiocyanates,
j. Titanium, except in particle size greater than 100-mesh,
k. Zirconium;
2. Firecrackers;
3. Skyrockets and rockets, including all devices which employ any combustible or
explosive material and which rise in the air during discharge;
4. Roman candles, including all devices which discharge balls of fire into the air;
5. Chasers, including all devices which dart or travel about the surface of the
ground during discharge;
6. Sparklers more than ten (10) inches in length or one-fourth of one inch in
diameter;
7. All fireworks designed and intended by the manufacturer to create the element
of surprise upon the user. These items include, but are not limited to, auto-foolers,
cigarette loads, exploding golf balls, and trick matches;
8. Fireworks known as devil-on-the-walk, or any other firework which explodes
through means of friction, unless otherwise classified by the State Fire Marshal
pursuant to this chapter;
9. Torpedoes of all kinds which explode on impact;
10. Fireworks kits;
11. Such other fireworks examined and tested by the State Fire Marshal and
determined by him or her, with the advice of the State Board of Fire Services, to
possess characteristics of design or construction which make such fireworks
unsafe for use by any person not specially qualified or trained in the use of
fireworks.
(b) "Exempt fireworks" has the same meaning ascribed to it under Section 12508
of the California Health and Safety Code and means any special item containing
pyrotechnic compositions which the State Fire Marshall, with the advice of the
State Fire Advisory Board, has investigated and determined to be limited to
industrial, commercial, agricultural use, or religious ceremonies when authorized
by a permit granted by the authority having jurisdiction.
(c) "Fire Chief'or"chief' means the Fire Chief of the City of Menifee or his or her
authorized representatives.
(d) "Fireworks" has the same meaning ascribed to it under Section 12511 of the
California Health and Safety Code and means any device containing chemical
elements and chemical compounds capable of burning independently of the
oxygen of the atmosphere and producing audible, visual, mechanical, or thermal
effects which are useful as pyrotechnic devices or for entertainment. The term
3
Ordinance No. 2009-26
Fireworks Regulations
"fireworks" includes, but is not limited to, devices designated by the manufacturer
as fireworks, torpedoes, skyrockets, roman candles, model rockets, rockets,
Daygo bombs, sparklers, chasers, fountains, smoke sparks, aerial bombs and
fireworks kits.
(e) "Fireworks kits" has the same meaning ascribed to it under Section 12512 of
the California Health and Safety Code and means any assembly of materials or
explosive substances, which is designed and intended by the seller to be
assembled by the person receiving such material or explosive substance and
when so assembled would come within the definition of"fireworks."
(f) "Public display of fireworks" means an entertainment feature where the public
or a private group is admitted or permitted to view the display or discharge of
dangerous fireworks.
(g) "Pyrotechnic operator" means any licensed pyrotechnic operator who, by
examination, experience, and training, has demonstrated the required skill and
ability in the use and discharge of fireworks as authorized by the license granted.
(h) "Pyrotechnic special effects material" means a low explosive material, other
than detonating cord, commonly used in motion picture, television, theatrical or
group entertainment production for which a permit from the chief is required for
use or storage.
(i) "Safe and sane fireworks" has the same meaning ascribed to it under Section
12529 of the California Health and Safety Code and means any fireworks which
do not come within the definition of"dangerous fireworks" or"exempt fireworks."
11.19.020 Prohibition.
(a) General. No person shall have in his or her possession, or
keep, store, use, shoot, discharge, set off, ignite, explode,
manufacture, sell, offer to sell, give or transport any fireworks,
dangerous fireworks, or safe and sane fireworks, except for use
as agricultural and wildlife fireworks or for use in a public display
of fireworks pursuant to a permit obtained under the provisions
of Sections 12640-12654 of the California Health and Safety
Code and this Chapter.
(b) Manufacturing Prohibited. The manufacturing of fireworks,
dangerous fireworks, or safe and sane fireworks is prohibited
except under special permits as required by local and state
regulations by the Fire Chief and the Sheriff.
(c) Pyrotechnic Special Effects Material. A permit is required to
manufacture, compound, store or use pyrotechnic special
effects material. Permit application shall be made to the Fire
Chief and the Sheriff. A permit shall be granted only to a State
Fire Marshall licensed pyrotechnic operator.
4
Ordinance No. 2009-26
Fireworks Regulations
11.19.030 Displays.
(a) General. Permits are required to conduct a public display of fireworks. Permit
application shall be made to the Fire Chief and the Police Chief not fewer than
fourteen (14) days prior to the scheduled date of the display. The permit
application shall include a diagram of the grounds on which the display is to be
held showing the point at which the fireworks are to be discharged; the location of
buildings, highways and other lines of communication; the lines behind which the
audience will be restrained; and the location of nearby trees, telegraph or
telephone lines and other overhead obstructions. At the time of permit application,
the Fire Chief shall be consulted regarding the requirements for standby fire
apparatus.
(b) Supervision. Public display of fireworks operations shall be under the direct
supervision of a pyrotechnic operator. The pyrotechnic operator shall be
responsible for all aspects of a display related to pyrotechnics.
(c) Bond Required. The permittee shall furnish a bond or certificate of insurance in
an amount deemed adequate by the Fire Chief and the Police Chief for the
payment of damages which could be caused either to a person or persons or to
property by reason of the permitted display and arising from acts of the permittee,
agents, employees or subcontractors.
11.19.040 Exception.
Nothing in this Chapter shall be construed to prohibit the use of fireworks
by railroads or other transportation agencies for signal purposes or illumination, or
the sale or use of blank cartridges for a show or theater, or for signal or
ceremonial purposes in athletics or sports or for use by military organizations.
11.19.050 Seizure and disposal.
(a) The Fire Chief and his or her authorized representatives and the Sheriff
and his or her authorized representatives are authorized to enforce the provisions
of this Chapter.
(b) The Fire Chief and his or her authorized representatives and the Sheriff and
his or her authorized representatives shall have the authority to seize, take, and
remove any fireworks, dangerous fireworks, and safe and sane fireworks. The Fire
Chief and his or her authorized representative and the Sheriff and his or her
authorized representative may charge any person whose fireworks are seized
pursuant to this section, a reasonable amount which is sufficient to cover the cost
of transporting, storing, handling, and disposing of the seized fireworks.
(c)The City and its authorized representatives may utilize the administrative
citation process and other processes or remedies legally available to it to enforce
this Chapter or collect amounts owing hereunder.
5
Ordinance No. 2009-26
Fireworks Regulations
11.20.060 Penalties.
(a)Any person who violates any provision of this chapter is guilty of a
misdemeanor, and upon conviction shall be punished by a fine not less than five
hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00), or by
imprisonment in the county jail for not exceeding one year, or by both such fine
and imprisonment.
(b) Upon any second or subsequent conviction of the offense, the person shall be
punished by the penalties of a fine of one thousand dollars ($1,000.00)and by
imprisonment in the county jail for one year.
(c)A person is guilty of a separate offense for each and every day or portion
thereof during which he or she commits, continues, or permits a violation of this
chapter.
(d) Nothing in this chapter shall be intended to limit any of the penalties provided
for under the California Health and Safety Code or Penal Code with regard to the
sale, use, possession, delivery, and/or transportation of dangerous fireworks.
Section 3. County Ordinance: This ordinance supersedes County Ordinance
No. 858 as amended from time to time.
Section 4. Effective Date. This ordinance shall take effect 30 days from the date
of its adoption.
PASSED, APPROVED AND ADOPTED this 17th day of March, 2009, by the
following vote:
AYES-6V"
NOES: U^OItt-I
ABSENT:U1 -)
ABSTAIN:OA_0�
Wallace . Edgerton, yor
ATTEST:
44MU-a-
Kathy Bennett
City Clerk
Approved as to form:
f� c� naAA-- �
Elizabe Marlyn
City Attorney
6