8.44.040 Regulations.
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. Notwithstanding anything to the contrary, “piccolo pete” type and “ground flower” type fireworks shall not be used, displayed, or sold separately or in combination with otherwise allowed fireworks.
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 there from 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 8.44.030(F) or 8.44.035(F). Locational preference shall be given for the consecutive use of a particular location by the applicant as established by the previous year’s approved plot plan assuming all other provisions of this chapter are complied with. If two or more applications for new stand locations are within the minimum four hundred foot distance requirement of each other, preference shall be determined by a drawing conducted by the city manager or designee.
D. Except as expressly permitted by and in accordance with the provisions of Chapter 12.44 of this code, the sale, offer to sell, advertising or display of merchandise on any street or sidewalk in the city or roof of the fireworks stand 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. The sale of any other items or commodities (e.g., consumables) in conjunction with the sale of safe and sane fireworks is strictly prohibited.
F. No fireworks stand shall be located within one hundred feet of any aboveground or underground gasoline storage or gasoline pump or any garage or within thirty feet of any other building, or within four hundred feet of any other fireworks stand, when measured closest point to closest point.
G. Fireworks stands need not comply with the provisions of the building code of the city except that the building official shall have authority to require that stands be constructed in a manner which will reasonably ensure the safety of attendants and patrons. Fireworks stands may utilize shading devices such as canopies or awnings for the convenience of patrons subject to the following limitations:
1. The location and dimensions must be shown on the approved plot plan;
2. Cannot cover or impede any public rights-of-way;
3. Must be freestanding (not anchored or tied to any public property such as light or electrical poles);
4. Must not cover the booth or any portion thereof;
5. Must meet all Uniform Fire Code specifications as adopted by the city, including flame retardancy and setback requirements;
6. Must provide shade from the top only (no sides). Banners, signs or other items on or hanging from the awning or canopy are prohibited;
7. May not reduce the number of parking spaces required by the traffic authority; and
8. Display or sale of fireworks from the awning or canopy area is prohibited.
H. Fireworks stands shall be located only in a C-1 zoning district or a zoning district less restrictive than C-1, unless located upon property owned and occupied by a church and/or school, which church or school is either a legal or legal nonconforming use of such property.
I. All temporary stands for the display and sale of fireworks shall obtain an electrical permit from the city building department, if electrical current is utilized or necessary.
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 fireworks stand must have at least two exits. Each fireworks stand in excess of forty feet (12,192 mm) in length must have at least three exits. Exits shall have a minimum width of thirty inches (76 mm). An aisle with a minimum width of thirty inches (76 mm) shall lead to each exit. Exit doors shall be operable from the inside without the use of a key or any special knowledge or effort.
L. Each stand shall be provided with not less than two 2A 10 BC-type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case of fire.
M. 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 feet thereof.
N. No smoking shall be allowed in any stand, nor within fifty feet thereof. “No smoking” signs shall be prominently displayed.
O. All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least twenty feet surrounding the stand.
P. 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 shall be permitted in a stand.
Q. All permits must be posted in a conspicuous place.
R. “Safe and sane” fireworks may be sold only as follows:
1. On July 1st between the hours of twelve noon and eleven p.m.
2. On July 2nd between the hours of six a.m. and eleven p.m.
3. On July 3rd between the hours of six a.m. and eleven p.m.
4. On July 4th between the hours of six a.m. and 12:01 a.m. of the next day.
S. Except for licensed pyrotechnicians, “safe and sane” fireworks may be used only on the following dates and times:
1. On July 2nd between the hours of nine a.m. and 12:01 a.m. of the next day.
2. On July 3rd between the hours of nine a.m. and 12:01 a.m. of the next day.
3. On July 4th between the hours of nine a.m. and twelve-thirty a.m. of the next day.
4. On December 31st between the hours of twelve noon and twelve-thirty a.m. of the next day.
T. Permittee shall strictly comply with all provisions of the State Fireworks Law (Section 12500 et seq., of the Health and Safety Code).
U. The fireworks stand shall be removed from the temporary location by twelve noon on July 15th, and all accompanying litter shall be cleared from said location on or before said time.
V. Night watchman accommodations shall not be closer than twenty-five feet from the fireworks stand.
W. No fireworks shall be placed in any fireworks stand until a permit for such stand has been issued by the city.
X. Any person who receives a notice to correct any violation of these regulations or any other condition of the permit, and who fails to correct such violation within the time prescribed in the notice, may be assessed a fee not exceeding the city’s cost of reinspection in accordance with Section 3.70.040 of this code.
Y. Each fireworks stand shall prominently display and provide safety educational materials that have been approved by the city’s fire chief. A copy of the required materials shall be provided by the Bakersfield fire department. Required materials shall be paid for by the applicant and distributed with each fireworks sale.
Z. All enforcement of the provisions of this chapter may be conducted pursuant to Chapter 15.65. (Ord. 4867 § 1, 2016; Ord. 4845 § 1, 2016; Ord. 4333 § 1, 2006; Ord. 4225 § 1, 2004)