5853FOLLOWS:
ORDINANCE NO. 5853
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER
6.41 TO TITLE 6 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO PUBLIC DISPLAYS OF FIREWORKS AND OPEN FLAME DEVICES
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That new Chapter 6.41 be, and the same is hereby, added to Title 6 of the
Anaheim Municipal Code, to read as follows:
"CHAPTER 6.41
PUBLIC DISPLAYS OF FIREWORKS AND OPEN FLAME DEVICES
"6.41.010 DEFINITIONS.
As used in this chapter, the following words, terms and phrases shall have the
following ascribed meanings:
.010 `Exempt fireworks' shall mean as defined in Section 12508 of the Health
and Safety Code of the State of California, or any successor provision thereto.
.020 `Fire Chief' shall mean the Fire Chief of the City of Anaheim, or his or her
duly authorized deputy or other designee.
.030 `Fireworks' shall mean and include any dangerous fireworks, exempt
fireworks, pyrotechnic devices, safe and sane fireworks or special effects as defined in Sections
12505, 12508, 12511, 12526, 12529 and 12532 of the Health and Safety Code of the State of
California or any successor provisions thereto.
.040 `Open flame device' shall mean any device which either burns
independently of oxygen or emits or produces an open flame fueled by flammable or combustible
gases or liquids, and which device is used for theatrical performances, special effects or
entertainment purposes.
.050 `Permit' shall mean the permit required pursuant to either Chapter 6.40 or
Chapter 6.41 of Title 6 of this Code.
.060 `Person' shall mean an individual, partnership, corporation, joint venture
or other entity of any nature.
.070 `Promoter' shall mean the person who agrees to provide, or is responsible
for providing, any event, performance or entertainment which includes or involves the public
display of fireworks or use of any open flame device. The promoter may also be a performer or a
performer's manager, agent, or other representative.
.080 `Public display of fireworks' shall mean a public or private event where
persons are admitted or permitted to view an entertainment feature involving the display or
discharge of fireworks as defined in this Chapter.
.090 `Pyrotechnic operator' shall mean the person who supervises, directs or is
responsible for performing the ignition, discharge, or display of any fireworks or the use of any
open flame device. The pyrotechnic operator may also be promoter or performer.
.100 `Special effects' shall mean as defined in Section 12532 of the Health and
Safety Code of the State of California, or any successor provision thereto.
.110 `Venue operator" shall mean any person owning, leasing, renting,
managing, operating, or otherwise having legal control of the use of any real property, building,
lot, site, or other venue in the City of Anaheim."
6.41.020 EXEMPT FIREWORKS PROHIBITED WITHOUT A PERMIT.
No person shall manufacture, possess, sell, offer for sale, store, display, dispose of, give
away, keep, stock, discharge, explode, fire, ignite, or set off any exempt fireworks within the City
of Anaheim without a permit issued by the Fire Chief.
6.41.030 SPECIAL EFFECTS PROHIBITED WITHOUT A PERMIT.
No person shall manufacture, possess, sell, offer for sale, store, display, dispose of, give
away, keep, stock, discharge, explode, fire, ignite or set off any special effects within the City of
Anaheim without a permit issued by the Fire Chief.
6.41.040 USE OF OPEN FLAME DEVICES PROHIBITED WITHOUT A PERMIT.
No person shall discharge, explode, fire, ignite, set off or otherwise use any open flame
device within the City of Anaheim without a permit issued by the Fire Chief.
6.41.050 PERMIT FOR PUBLIC DISPLAYS.
Notwithstanding any other provisions of this Code, the Fire Chief of the City of Anaheim
may grant permits for public displays of exempt fireworks, safe and sane fireworks, special
effects, or use of any open flame device(s) if the Fire Chief determines that all requirements of
the law are or will be complied with by the applicant and that granting any such permit will not
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be detrimental to the public peace, health or safety; otherwise said application shall be denied.
Applications for such permits shall be filed with the Fire Chief not less than ten days before the
proposed public display and shall be accompanied by a detailed statement of the items of the
proposed display. If the permit is granted, no items shall be displayed except as are contained in
the statement and the Fire Chief may in granting the permit eliminate from the statement such
items as he deems hazardous or impose conditions upon such permit as the Fire Chief shall deem
reasonably necessary to protect the public peace, health and safety; and it shall be unlawful for
the grantee of the permit to exhibit or display the eliminated items or to conduct such display in
violation of any conditions so imposed. The public display shall be under the supervision of the
Fire Chief and such persons as he shall designate and authorize. The City Council shall, by
resolution, pursuant to the Fire Chiefs recommendation, establish a fee to be charged for the
permit. A separate permit will be required for each display. The display shall be at the place and
time designated in the permit. Such permit shall include the right to possess and transport said
fireworks or open flame device(s) for the purpose of conducting such public display.
6.41.060 APPEAL FROM DENIAL OF PERMIT.
If the Fire Chief denies the application, then the applicant may take an appeal from such
action by filing a written notice of appeal with the City Council. Such written notice shall be
filed with the City Clerk within ten days of the date of the action of the Fire Chief and shall set
forth the reasons for appeal from the action of the Fire Chief. Upon receipt of a notice of appeal,
a hearing shall be set before the City Council not less than ten days nor more than thirty days
from the date of the filing of the appeal. Upon such hearing the Council may deny the application
or grant the application upon such conditions as the Council shall deem proper.
6.41.070 REQUIRED AGREEMENTS AND NOTICES CONCERNING THE PUBLIC
DISPLAY OF FIREWORKS OR USE OF OPEN FLAME DEVICES.
.010 It shall be unlawful for any venue operator to engage in, authorize, permit
or otherwise allow any person to perform any public display of fireworks or use any open flame
device on any real property, building, lot, site, or other venue in the City of Anaheim owned,
leased, rented, managed, operated, or otherwise under the legal control of such venue operator
except pursuant to a written agreement between such venue operator and the promoter of such
event or performance, and unless all of the following requirements are satisfied:
.0101 Said agreement shall expressly contain a requirement that the
promoter shall be responsible for obtaining a permit from the City of Anaheim prior to any such
public display of fireworks or use of any open flame device and said agreement shall further
expressly require that a copy of said permit shall be provided to the venue operator by the
promoter not less than 24 hours prior to any such public display of fireworks or use of any open
flame device.
.0102 A copy of said agreement, or notice that such an agreement has
been entered into, shall be delivered by the venue operator to the Office of the Fire Chief by any
means of transmission which results in such agreement or notice being received in the Office of
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the Fire Chief not later than ten (10) calendar days prior to the date such public display of
fireworks or use of any open flame device is scheduled to occur. The agreement or notice so
transmitted shall contain, at a minimum, the following information: (i) the name, address and
telephone number of the venue operator, (ii) the name, address and telephone number of the
promoter responsible for the event or performance, (iii) the name, address and telephone number
of the performer and, if different, the pyrotechnic operator authorized by the agreement to
perform such public display of fireworks or use any open flame device, (iv) the name and address
of the real property, building, lot, site, or venue where such public display of fireworks or use of
any open flame device will occur, (v) the time(s) and date(s) of such event(s) or performance(s),
and (vi) a description of the proposed public display of fireworks or use of any open flame
device(s).
.0103 The venue operator shall not permit or allow any public display of
fireworks or use of any open flame device upon any real property, building, lot, site, or venue
under such venue operator's control without having been provided, and retaining in such venue
operator's possession at the venue of such performance, a copy of the permit approved and issued
by the City of Anaheim authorizing said public display.
.020 It shall be unlawful for any promoter to undertake, authorize, allow, direct
or perform any public display of fireworks or use of any open flame device within the City of
Anaheim, other than upon or within any real property, building, lot, site, or venue owned, leased,
rented, managed, operated, or the use of which is otherwise under the legal control of such
promoter, except pursuant to a written agreement with the venue operator, and unless all of the
following requirements are satisfied:
.0201 Said agreement shall expressly contain a requirement that the
promoter shall be responsible for obtaining a permit from the City of Anaheim prior to the
performance of any public display of fireworks or use of any open flame device and said
agreement shall further expressly require that a copy of said permit shall be provided to the venue
operator by the promoter not less than 24 hours prior to such public display .
.0202 The promoter shall make application for a permit to the Office of
the Fire Chief not later than ten (10) calendar days prior to the date such public display is
scheduled to occur. In the event the promoter uses the services of a separate pyrotechnic operator
to perform such public display of fireworks or use of open flame device(s), the name, address,
and telephone number of the pyrotechnic operator shall be included on the application.
.0203 It shall be unlawful for any promoter to undertake, authorize,
allow, direct or perform, or for any pyrotechnic operator to perform, any public display of
fireworks or use of any open flame device in the City of Anaheim except pursuant to a permit
issued by the City of Anaheim pursuant to either Chapter 6.40 or 6.41 of this Code, and in strict
conformance with any and all terms, conditions and limitations contained therein and any and all
orders, instructions or requirements of the Fire Chief.
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.030 It shall be unlawful for any venue operator, promoter or pyrotechnic
operator to represent to any other person that any event, performance or display which constitutes
a public display of fireworks or use of open flame device(s) may lawfully be conducted in the
City of Anaheim without the approval of the City of Anaheim, or without the permit required by
Chapter 6.40 or 6.41 of this Code.
6.41.080 ENFORCEMENT OF CHAPTER.
In addition to any other persons authorized by law, the Fire Chief, all Chief Officers, Fire
Captains, members of the Fire Prevention Bureau, and arson investigators shall be authorized to
enforce the provisions of this chapter. In connection with such enforcement, they are authorized
to enter, free of charge, at any reasonable time, any place of business, or to approach any person
apparently conducting or employed in the operation of a business, to verify compliance with the
provisions of this chapter and with the California Fire Code, as adopted pursuant to Chapter
16.08 of this Code, and any other Anaheim Municipal Code provisions related to fireworks
enforcement. Such persons are hereby authorized to issue citations to persons violating any of the
provisions of this chapter to appear in the Court of the North Orange County Judicial District at a
time fixed in the citation, not less than five days from the date of issuance of the citation unless a
shorter period of time is requested by the person(s) to whom the citation is given, and such
citation shall be deemed to be a complaint charging violations of this Chapter.
6.40.090 SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held
to be unconstitutional or void, such decision shall not affect the validity of the remaining portions
of this chapter. The City Council of the City of Anaheim hereby declares that it would have
adopted and passed this chapter and each section, subsection, sentence, clause and phrase thereof
irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases
be declared unconstitutional or void.
6.40.100 PENALTY FOR VIOLATIONS.
Any person who violates any of the provisions of this chapter is guilty of misdemeanor
and each such violation shall be punishable as set forth in Section 1.01.370 of this Code."
SECTION 2. PENALTY.
Any person or entity violating any provision of this ordinance shall be guilty of a
misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section
1.01.370 of the Anaheim Municipal Code.
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SECTION 3. SEVERABILITY.
The City Council of the City of Anaheim declares that should any section,
paragraph, sentence or word of this ordinance be declared for any reason to be invalid, it is the
intent of the City Council that it would have passed all other portions of this ordinance
independent of the elimination herefrom of any such portion as may be declared invalid.
SECTION 4. SAVINGS CLAUSE.
Neither the adoption of this ordinance nor the repeal or amendment of any other
ordinance of this City shall in any manner affect the prosecution for violations of ordinances
which violations were committed prior to the effective date of this ordinance, nor be construed as
a waiver of any tax, license or penalty or of the penal provisions applicable to any violations
thereof. The provisions of this ordinance, insofar as such provisions are substantially the same as
ordinance provisions previously adopted by the City relating to the same subject matter, shall be
construed as restatements and continuations, and not as new enactments.
THE FOREGOING ORDINANCE is approved and adopted by the City Council
of the City of Anaheim this 25th day of March 03.
MAYOR OF THE RffY OIVANAHEIM
ATTEST:
CITY CLER OF HE CITY OF ANAHEIM
48680.2
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
_ Ordinance No. 5853 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 18th day of March, 2003, and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 25th day of March, 2003, by the following
vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Chavez, Hernandez, McCracken, Pringle, Tait
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: None
CITY CLEkk OF THE CITY OF ANAHEIM
(SEAL)
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested
in the above entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper
that has been adjudged to be a newspaper of
general circulation by the Superior Court of the
County of Orange, State of California, on
December 28, 1951. Case No. A-21021 in and
for the City of Anaheim, County of Orange,
State of California: that the notice, of which the
annexed is a true printed copy, has been published
in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to wit:
April 3, 2003
" 1 certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
April 3, 2003
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-7000 ext. 3002
PROOF OF PUBLICATION
This space is for the County Clerk's Filing Stamp
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 5853
AN ORDINANCE OF THE CITY OF ADDING
CODE RELATING TO PUBLIC THE
DISPCAY�M=S
AND USE OF OPEN FLAME DEIIIC�S
This ordinal adds k Chapter, 6.41 to Tide 6 of the Anaheim
Munictoal Code. feq permits for displays of exwnpt
fireworks, special effects emend use of open Defoe davits (as
such terms are defined in said ordi . The ordinance
also sets forth the specific respo s -of venue opera-
tors, event promoters, performers and pyrotechnicopera-
tors with regard to any event involving a public display of
fireworks or use of an open flame device.
The ordinance requires the venue operator and promoter to
enter into a written agreement for any event or performance
involving public display of fireworks or use of any open
flame device, The written agreement must contain a provr
sion con efill the pprro��moter to obtain the necessary per-
mit from Ufa Cdy of Anaheim and to pro`nde a copy o such
permit to the venue operator at least 24 hoursrip or to the
event.
The venue operator is required to provide notice of such
agreement to the Fire Chief at legit 10 days prior to the
event. the notice provided to the Fire ChW must contain
certain prescribed information concerning the time(s),
dates) location, event description, and persons involved in
the performance.
The venue operator is prohibited from allowing the fireworks
or use of open flame dsvice(s) to occur unless the promoter';
has provided the venue operator with a copy of the permit is-
sued by the City at least 24 hours prior to the event.
The venue operator, promoter or pyrotechnic operator is
prohibited from misrepresenting to any psrsontha{ a permit
is not required for the public display of fireworks or use of
an open flame device in the city.
I, Schroeder, City Clerk of the City of Anaheim, do
here�,do= the foregoing is a summary of Ordinance
No. 58853 ordinance was introduced at a regular meet-
ing of the City Council of the City of Anaheim on the loth
day of Manor, 2003 and was duty passed and adopted at a
regular of sad Council on the 25th day of March,
2003 by the fo roil call vote of the members thereof:
AYES: Mayor Pringle, Council Members: McCracken,
Tait, Chavez, Hernandez
NOES: None
ABSENT: None
The above summary is a brief description of the subr'ect-mat-
ter contained in the text of Ordinance No. 5853, which has
been prepared pursuant to Section 512 of the Ch&rW of the
City, of Anaheim. This summary does not include or de-
scribe every provision of the ordinance and should net be
relied on as a substitute for the full text of the ordinance.
To obtain a copy of the full taxi of the ordinance, please con-
tact the Office of the City park, (714) 765-5166, between
6:00 AM and 5:00 PM, Monday through Friday. There is no
charge for the copy.
Publish: Anaheim Bulletin
Aprfl 3, 2003
25-376 5649122