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HomeMy WebLinkAbout2006-02-21; City Council; 18458; Regulation of Fireworks & Pyrotechnic DisplaysCITY OF CARLSBAD - AGENDA BILL AB# 18,458 MTG. 2/21/06 DEPT. CLK AMENDMENT TO THE CALIFORNIA FIRE CODE TO CLARIFY THE REGULATION OF FIREWORKS AND PYROTECHNIC DISPLAYS CITY MGR c0) 02 ,0 7* CO •H HI 4-1 O Ien2; occd C•H13 P.O Oc o O O o o o oo RECOMMENDED ACTION: Adopt Ordinance No. NS-790 amending Article 78 of the 2001 California Fire Code by the addition of Section 17.04.090 to the Carlsbad Municipal Code, to clarify the regulation of fireworks and pyrotechnic displays in Carlsbad. ITEM EXPLANATION: Ordinance No. NS-790 was introduced and first read at the City Council meeting held on February 14, 2006. The second reading allows the City Council to adopt the ordinance, which would then become effective in thirty days. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See Agenda Bill No. 18,446 on file with the City Clerk. EXHIBIT: 1. Ordinance No. NS-790. DEPARTMENT CONTACT: Sheila Cobian (760)434-2927, scobi@ci.carlsbad.ca.us 1 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY3 CARLSBAD MUNICIPAL CODE.4 25 26 27 28 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. 6 7 8 9 10 11 12 13 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. 18 Fireworks is any combustible or explosive composition, or any substance or 19 combination of substances, or device prepared for the purpose of producing a 20 visible or an audible effect by combustion, explosion, deflagration or detonation, 21 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, £.0 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 1 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 16 provisions or failing to comply with any of the requirements of this chapter shall 17 be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a 18 fine not to exceed One Thousand Dollars ($1000.) or by imprisonment in the 19 County jail for a period of not more than one year or by both such fine and 20 imprisonment. Section 7802.3-A - deleted - Table 7802.3A is hereby deleted without 23 substitution. 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 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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