The general prohibition against the possession, sale, and use of dangerous fireworks as stated in section 8-14-5 applies unless such possession, sale, or use is done in connection with a city-issued permit by a state licensed pyrotechnic operator as provided in this section as follows:
(A) State License and City Permits Required: The city fire chief shall have authority to adopt reasonable rules and regulations for the granting of permits for those activities contained in section 12640 of the California Health and Safety Code, including supervised public displays of fireworks by a jurisdiction, fair association, amusement park, other organization, of for the use of fireworks by artisans in pursuit of their trade. Each such use or display shall be handled by a pyrotechnic operator licensed by the state fire marshal (as defined by section 12527 of the California Health and Safety Code) in accordance with a city-issued permit, and shall be of such character and so located, discharged, or fired as in the opinion of the fire chief or his designee, after proper investigation, will not be hazardous or endanger any person.
(B) All applications for a City permit to conduct certain firework public displays and special effects shall:
1. Provide a current copy of the pyrotechnic operating licensing obtained from the Office of the State Fire Marshal as required under the laws of the State.
2. Be submitted at least ten (10) days prior to the proposed firework public display or special effect event date.
3. 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.
4. Be accompanied with required fees as provided in subsection (C).
5. Provide proof of required liability insurance as provided in subsection (D). A statement indicating that requirements under subsection (D) were met prior to submitting this application shall accompany the proof of required liability insurance.
6. Include a statement that the applicant agrees to comply strictly with the terms of any permit granted to it and furnish any additional information upon request of the fire chief or any enforcement officer.
(C) Fees Required: Every application for permit to conduct a public display of fireworks shall be accompanied by a non-refundable fee as established by resolution of the City Council. This fee shall be in addition to any fee or tax imposed by the City Council. Every applicant shall agree to hold the City, its officers and employees, harmless from any and all claims for damages or other costs arising out of the activity authorized by the permit.
(D) Liability Insurance Required: Any person, firm or corporation applying for a public display of fireworks city permit shall furnish to the city manager proof of coverage by a policy of public liability and property damage insurance. The policy shall provide limits of bodily injury and property damage liability of not less than five million dollars combined single limits for each occurrence annually for payments of damages to persons or property which may result from or be caused by such public display of fireworks, or any negligence on the part of the licensee or his/her/its agents, servants, employees and/or subcontractors presenting such public display. No permit shall be issued until the permittee furnishes the city manager with a certificate of insurance for each policy required, executed by the company issuing said policy and approved as to form by the city attorney. Such policies shall contain a provision which includes the City of Taft as an additional insured and declares said insurance to be primary and that no other insurance carried by an insured party shall be called upon for contribution. Such insurance policies shall contain an endorsement that the company issuing such policy or policies will not allow the same to be canceled without serving, by first class mail, thirty days' notice of cancellation upon the city clerk for the City. Notwithstanding any other provision of this chapter, the failure of the permittee to carry such policy or policies in force and to properly renew said insurance during the time covered by such permit shall automatically revoke the permit as of the date of expiration of such insurance policy or policies. A payment of the full amount of the permit fee required by this chapter shall be made to the City before any such revoked permit may be reinstated.
(E) Appeal: The decision of the city fire chief acting on an application for a permit to conduct a public display of fireworks in accordance with the provision of this chapter shall be final and only subject to appeal to Superior Court. (Ord. 852-23, 7-18-2023)