HomeMy WebLinkAbout2006-02-21; City Council; NS-790; Regulation of Fireworks and Pyrotechnic Displays...1
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY3
CARLSBAD MUNICIPAL CODE.4
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ORDINANCE NO. NS-790
OF CARLSBAD, CALIFORNIA, ADDING SECTION 17.04.090 OF THE
WHEREAS, the City of Carlsbad has incorporated the 2001 edition of the
California Fire Code by reference;
WHEREAS, the City of Carlsbad Fire Department is charged with enforcing
fireworks and pyrotechnic special effects regulations.
WHEREAS, the Carlsbad Fire Department will only issue display permits to
persons licensed by the State of California as Pyrotechnic Operators for the use, handling
and discharge of fireworks and other pyrotechnic special effect materials.
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14 follows:
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
15 SECTION 1: That Section 17.04.090 of the Carlsbad Municipal Code is
16 added and Article 78 is hereby amended.
17 17.04.090 Section 7801.2.1 - amended - Fireworks General.
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Fireworks is any combustible or explosive composition, or any substance or
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combination of substances, or device prepared for the purpose of producing a
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visible or an audible effect by combustion, explosion, deflagration or detonation,
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and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns22
in which explosives are used, firecrackers, torpedoes, sky or model rockets,
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Roman candles, Daygo bombs, sparklers, snap caps, poppers or other devices
of like construction and any devices containing any explosive or flammable
compound, or any tablet or other device containing any explosive substance.
The term fireworks shall not include any auto flares, paper caps containing not in
excess of an average of twenty-five hundredths of a grain of explosive content
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per cap and toy pistols, toy canes, toy guns or other devices for use of such caps,1
the sale and use of which shall be permitted at all times. Fireworks shall include
3 snap caps and poppers, regardless of the amount of explosive content included
4 in each device.
5 Section 7801.3.1.4. - amended- Displays, is hereby amended by adding
6 Section 7801.3.1.4.1 Firing, as follows:
7 Section 7801.3.1.4.1 - Firing. All fireworks displays shall be electronically fired.
8 Section 7802.2 - amended - Seizure of Fireworks. The Chief shall have the
9 authority to seize, take, or cause to be removed at the expense of the owner of all
1° stocks of fireworks offered or exposed for sale, stored or held in violation of this
11 ordinance, or remove any fireworks stored, sold, offered for sale, used or handled
12 in violation of Article 78.
13 Section 7802.3 - amended - Prohibition/Penalty. The storage, use, sale
14 possession, and handling of fireworks, is prohibited unless a valid permit has
15 been issued by the Carlsbad Fire Department. Any person violating any of the
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provisions or failing to comply with any of the requirements of this chapter shall
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be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a
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fine not to exceed One Thousand Dollars ($1000.) or by imprisonment in the
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County jail for a period of not more than one year or by both such fine and
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imprisonment.
Section 7802.3-A - deleted - Table 7802.3A is hereby deleted without
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24 Section 7802.4.1 - amended General. Fireworks displays shall be conducted in
25 accordance Section 7802.4 and with the regulations of the State Fire Marshal
26 (Title 19 CCR 982), and only with a valid permit issued by the Carlsbad Fire
27 Department to a California State Licensed Pyrotechnician. The conditions of the
28 permit shall be adhered to. Applications for permits shall be made in writing to
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the Carlsbad Fire Prevention Division at least thirty (30) calendar days in advance
of the date of the display. No permit granted hereunder shall be transferable.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city clerk shall certify the adoption of this ordinance and cause it to be
published at least once in a newspaper of general circulation in the City of Carlsbad within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council
on the 14th day of February, 2005, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Carlsbad on the 21st day of February, 2005, by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: Mayor Lewis
APPROVED AS TO FORM AND LEGALITY:
Q Ya^ze,
RONALD R. BALL, City /Mtorney
ATTEST:
LORRAINE M. WOOD, City Clerk