Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings:
“Active list” means the current list of eligible organizations that qualify for the opportunity to obtain a permit to sell safe and sane fireworks with in the city.
“Citation” means an administrative citation issued pursuant to this chapter to remedy a violation.
“Citee” means any person served with an administrative citation charging him or her as a responsible person for violation.
“City” means the City of Visalia.
“Code” means the Visalia Municipal Code.
“Code Enforcement Officer (CEO)” means any employee or agent of the City of Visalia authorized to enforce any provision of this code.
“Dangerous fireworks” means any fireworks specified as such in the State Fireworks Law, currently the California Health and Safety Code Sections 12500 et seq. and such other fireworks as may be determined to be dangerous by the State Fire Marshal.
“Eligible organization” means any local nonprofit organization whose principal place of business is located in the city of Visalia and which is exempt from federal income tax pursuant to the provisions of Internal Revenue Code Section 501(C) (3), (4), (6), (7), (8), (10), or (19).
Organizations authorized to sell safe and sane fireworks prior to the effective date of this ordinance, must have their principal place of business located within the boundaries of the Visalia Unified School District.
“Hearing officer” means the person appointed by the City Manager or his or her designee to serve as the hearing officer for administrative hearings hereunder.
“Operational Permit Fee” shall mean the Firework Stand Permit Fee as stated on the current City of Visalia Rates and Fees schedule in effect at time of permit submittal.
“Person” means any individual, partnership, corporation, organization or association of any nature whatsoever.
“Responsible person” means a person who causes a code violation to occur or allows a violation to exist or continue, by his or her action or failure to act, or whose agent, employee or independent contractor causes a violation to occur, or allows a violation to exist or continue. If the responsible person is a juvenile then the parent or guardian who has physical custody of the juvenile at the time of the code violation shall be considered a responsible person. There is a rebuttable presumption that (1) the record owner of a residential parcel, as shown on the county’s latest equalized property taxes assessment rolls, (2) a lessee of a residential parcel, and (3) the organizer of any event located on public property that requires a “special events permit,” has control over the property and notice of any violation existing on the property. For purposes of this chapter, there may be more than one responsible person for a violation.
“Safe and sane fireworks” means any fireworks which do not come within the definition of “dangerous fireworks.” (Health and Safety Code Section 12529) “Stand” means any building, booth, counter, or other structure of a temporary nature used in the sale or offering for sale of fireworks pursuant to a permit duly issued.
“Vendors” means any agency that sells safe and sane fireworks to retailers (eligible organization). All vendors shall comply with all sections of the city’s municipal codes, Title 19, California Fire Code, and all other State Fire Marshals regulations.
“Violation” or “violates” refers to any violation of any provision of this code as well as means the failure to comply with any additional requirement imposed on any “special events permit,” license and/or approval issued to a person under or pursuant to a city ordinance.
“Waiting list” means a list of organizations waiting, as to be placed on the Active List.
(Ord. 2021-02 § 2 (part), 2021; Ord. 2017-05 § 2 (part), 2017: Ord. 2010-19 § 1 (part), 2010: Ord. 9921 § 2 (part), 1999)