A. Those fireworks which are classified as “dangerous fireworks” under Section 12505 of the California Health and Safety Code are prohibited, except that such fireworks as are defined and classified as “safe and sane fireworks” in Section 12529 of the California Health and Safety Code may be displayed, sold and used pursuant to the provisions of this chapter and not otherwise.
B. No permit holder shall shout, make any outcry, blow a horn, ring a bell or use any other sound device including any loudspeaker, radio or amplifying system where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard upon the streets, alleys, parks or other public places.
C. Any permit issued pursuant to this chapter shall be nontransferable, and shall be valid only as to the applicant and location provided on the application for such permit, or as set forth in Section 8.24.020. If an organization on the active list splits into two individual groups, the group that retained the 501 (c)(3)-(19) Non-profit Federal Tax ID number on record that matches the previously approved permit will be eligible to retain their fireworks permit. The group that does not retain the 501 (c)(3) - (19) shall apply to be placed on the fire prevention division’s waiting list. In the instance where neither group retained the 501 (c)(3) - (19) Non-profit Federal Tax ID number then neither group will be eligible for the firework permit and both organizations must apply to be placed on the waiting list.
D. Except as expressly permitted by and in accordance with the provisions of this code, the sale, offer to sell, advertising or display of merchandise on any street or sidewalk in the city is prohibited.
E. All retail sales of safe and sane fireworks shall be permitted only from a temporary fireworks stand and the sale from any other building or structure is prohibited.
F. No fireworks stand shall be located within one hundred (100) feet of any gasoline storage or gasoline pump or any garage or within forty (40) feet of any other building, or within six hundred (600) feet of any other fireworks stand.
G. No stand shall be placed closer than twenty (20) feet to a side or rear property line nor closer than forty (40) feet to any other building or structure or closer than ten (10) feet from any public roadway, public sidewalk, unless waived by the building and fire authorities.
H. Fireworks stands will be allowed only on property in the city which has commercial or industrial zoning. Public safety, ingress, egress, and adequate parking will be additional factors considered by the fire department before approving any site for fireworks sales.
I. A twenty (20) foot area surrounding the fireworks stand and fireworks storage container must be kept clear of empty boxes, trash and debris.
J. If a toilet is not immediately available during all open or sale hours of the fireworks stand, then an approved chemical one must be provided.
K. Each stand shall be provided with not less than two 2-A 10 BC-type fire extinguishers, underwriter approved, in good working order, with an up-to-date inspection tag indicating that the fire extinguisher has been serviced within the past year and easily accessible for use in case of fire.
L. No person shall light, or cause or permit to be lighted, any fireworks or any other article or material within any such stand, or within fifty (50) feet thereof.
M. No smoking shall be allowed in any stand or within fifty (50) feet thereof. “No Smoking” signs shall be prominently displayed.
N. All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least twenty (20) feet surrounding the stand.
O. There shall be at least one adult in attendance during the open or sale hours of the fireworks stand. No minor under the age of eighteen (18) shall be permitted in a stand.
P. All permits must be posted in a conspicuous place.
Q. Fireworks shall be sold only between the hours of nine a.m. and eleven p.m. daily from June 29th through July 4th. Booth inspections will be performed on June 29th or July 1st beginning at 8:00 am. Applicant will select which day inspection is to take place and shall be prepared for inspection at 8:00 am on selected date.
R. Permittee shall strictly comply with all provisions of the State Fireworks Law (Sections 12500 et seq. of the Health and Safety Code).
S. Generators and all other fuel fired equipment may not be operated within twenty (20) feet of a firework stand. All electrical wiring shall comply with Section 8.24.070(D).
T. Night security personnel accommodations shall not be closer than twenty-five (25) feet from the fireworks stand.
U. No fireworks shall be sold until a permit for such stand has been issued by the city. Permits are not valid until an inspection of the stand has been conducted and permit has been signed by fire personnel.
V. The permit shall not be issued if any violation of conditions set forth by this ordinance, permit may be revoked at any time if violations of Section 8.24.060 are found.
W. Vehicles may not be parked within ten (10) feet of a fireworks stand. Provide cones or blockage to indicate a “NO PARKING” area within ten (10) feet of the fireworks stand.
X. Each application shall contain a description of all desired signage to be used by the organization. All signage is subject to applicable municipal code requirements, see Visalia Municipal Code Chapter 17.48, and may require a separate approval process.
(Ord. 2021- 02 § 2 (part), 2021: Ord. 2010-19 § 1 (part), 2010: Ord. 9921 § 2 (part), 1999)