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HomeMy WebLinkAboutD.3 - Staff Report - Discussion of Fireworks Policy and Legal Firework SalesDiscussion on Fireworks Policy in Azusa August 18, 2025 Page 1 SCHEDULED ITEM D-3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: TALEEN NAZARIAN, MANAGEMENT ANALYST DATE: AUGUST 18, 2025 SUBJECT: DISCUSSION ITEM - REVIEW AND FUTURE DIRECTION REGARDING THE CITY’S FIREWORKS POLICY AND THE SALE OF “SAFE AND SANE” FIREWORKS IN AZUSA BACKGROUND: At their July 21, 2025 City Council meeting, the Azusa City Council directed staff to bring forward a discussion item concerning the future of fireworks in the City of Azusa. The City of Azusa Municipal Code Article IV Chapter 30 currently prohibits the sale or discharge of fireworks other than the “Safe and Sane” variety. The discharge of any fireworks is prohibited outside of specified dates and time frames, as well as north of the centerline of Sierra Madre Avenue to help reduce the risk of fires in the foothill areas. Through an extensive application process, the City issues a limited number of permits to eligible non-profit and community organizations to sell “Safe and Sane” fireworks, who use these sales as fundraisers to support their initiatives. Despite these regulations on fireworks and legal fireworks sales, Azusa remains the only city along the Foothills, spanning from Pasadena to Claremont, that still allows the sale and use of “Safe and Sane” fireworks within its city limits. RECOMMENDATION: Staff recommends that the City Council take the following action: 1)Discuss and provide direction on the future of the City’s fireworks policy. ANALYSIS: Over the years, the sale and discharge of safe and sane fireworks has had demonstrative impacts on the community. In response to these impacts, the City Council has over the years authorized an increase in the fine amounts for unlawful use of fireworks, as well as reduced the number of APPROVED CITY COUNCIL MEETING 8/18/2025 Direction Provided Discussion on Fireworks Policy in Azusa August 18, 2025 Page 2 fireworks sales permits allowable to local non-profits. The City has also invested heavily in enforcement measures as well as public information campaigns to help deter undesirable and unlawful fireworks activity. Identifying and analyzing the benefits and drawbacks perceived and/or realized of continuing the current program can aid Council in its policy decision. Staff has identified the following considerations. Benefits: • Local school programs and nonprofits participate in booth sales to raise funds for their core mission activities (In 2025, 12 organizations participated). • Funds derived from fireworks sales permits are reinvested into the community through the city’s community benefit programs. • Fireworks have long been tied to the July 4th holiday with family gatherings and traditions celebrating Americas’ independence. Drawbacks: • Allowing some types of fireworks but not others, paired with the City’s strong enforcement activities toward deterring “illegal” fireworks and undesired use of “legal” fireworks outside of established parameters – creates confusion and sends mixed messages to the public concerning lawful/unlawful behavior. • Potential for fire danger and air quality impacts. • Significant staff time required to manage the current fireworks sales permitting process, public education campaigns and enforcement activities (In 2025, the Azusa Police Department handled 115 fireworks-related calls, issued 30 administrative citations for illegal fireworks, and responded to five fireworks-related fires that occurred within City limits). • Azusa remains the only city along the foothills (Pasadena-Claremont) to still allow the sale and discharge of safe and sane fireworks. This distinction has shown to attract nonresidents to Azusa for specifically this purpose (Based on the Azusa Police Department’s 2025 July 4th enforcement report, 26.9% of fireworks-related citations issued were to individuals residing outside of the City). Staff can return at a future date with options based upon Council input and ultimate policy direction on the future of “Safe and Sane” fireworks sales in the City of Azusa. FISCAL IMPACT: There is no fiscal impact associated with the subject recommendation. Discussion on Fireworks Policy in Azusa August 18, 2025 Page 3 Prepared by: Reviewed by: Taleen Nazarian Nico De Anda-Scaia Management Analyst Deputy City Manager Reviewed and Approved: Sergio Gonzalez City Manager Attachments: 1) Comparative Study on Fireworks Policies in Foothill Cities 2) Azusa Police Department Memorandum – July 2025 Holiday Enforcement Summary Report 3) City of Azusa Municipal Code – Fireworks (Article IV) July 1, 2025 City of Azusa – Comparative Study on Fireworks Policies in Foothill Cities Summary: As of July 2025, when this comparative study was completed, the cities along the foothills from Pasadena to Claremont were assessed and researched. The study found that all of these cities have banned all types of fireworks, including “safe and sane” varie ties, and have multiple enforcement measures in place for violations. The City of Azusa remains the only foothill city that still permits the use of “safe and sane” fireworks. Pasadena: All types of fireworks are illegal - Fireworks, including “Safe and Sane” are not allowed in the City of Pasadena. - As written in the Pasadena Municipal Code 14.30.020, “It shall be unlawful for any person to possess, sell, use or discharge fireworks or fireworks kits of any class, including Class C "safe and sane" fireworks, unless a permit authorizing such possession, sale, use or discharge has been issued to that person by the fire chief, and unless such person is in possession of a valid pyrotechnic operators license issued by the office of the state fire marshal. It shall also be unlawful for any property owner or tenant resident in the city to knowingly allow another individual to possess, sell, use or discharge fireworks or fireworks kits on the property where they are the owner or tenant.” Sierra Madre: All types of fireworks are illegal - The sale, possession or discharge of all types of fireworks are prohibited in Sierra Madre. - According to the Sierra Madre Municipal Code 8.24.010, “The sale, possession or discharge of all fireworks is prohibited within the city of Sierra Madre. Exception. Public displays of fireworks conducted by licensed pyrotechnic engineer shall comply with Section 5608 of the California Fire Code as adopted by the city of Sierra Madre.” Monrovia: All types of fireworks are illegal - The sale, possession or discharge of all fireworks is prohibited within the city. - According to Monrovia Municipal Code 8.24.010 to 8.24.030, “The sale, possession or discharge of all fireworks is prohibited within the city. The provisions of this section shall not apply to public displays of fireworks conducted by licensed pyrotechnic engineers. It shall be unlawful for any person to ignite, explode, project, or otherwise fire or use any fireworks, or permit the ignition, explosion or projection thereof, upon or over or onto the property of another without his or her consent, or to ignite, explode, project, or otherwise fire or make use of any fireworks within 200 feet of any brush-covered land, or within ten feet of any residence, dwelling or other structure used as a place of habitation by human beings. Persons violating this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed $500, or by imprisonment in the city or county jail for a period not exceeding 30 days, or by both such fine and imprisonment, and the license shall be revoked.” Duarte: All types of fireworks are illegal - The sale, possession, or use of any fireworks, safe and sane or dangerous, is strictly prohibited. - According to Duarte Municipal Code 15.05.030 (a) and (b), “Safe and sane fireworks. Except as otherwise provided in this Chapter, the sale, use, or possession with the intent to use or otherwise discharge safe and sane fireworks within the City is prohibited. Dangerous fireworks. Except as otherwise provided in this Chapter, the sale, possession, or use of any dangerous fireworks within the City is prohibited.” Bradbury: All types of fireworks are illegal - The sale, possession or discharge of all fireworks is prohibited within the city of Bradbury. - According to Bradbury Municipal Code 06.09.020, “It shall be unlawful for any person to manufacture, store, possess, offer for sale, expose for sale, sell, use or discharge any fireworks within the corporate limits of the City;” Glendora: All types of fireworks are illegal - Sale, usage, or discharge are fireworks are outlawed, including the “safe and sane” variety. - According to Glendora Municipal Code 9.62.010, “Subject to the exception set forth in subsection (b) of this section, it is unlawful for any person, firm, entity, partnership or corporation to sell, use or discharge any fireworks within the city, including, but not limited to, "safe and sane" fireworks as that term is defined in Part 2 of Division 11 of the California Health and Safety Code, as the same may be amended from time to time hereafter.” San Dimas: All types of fireworks are illegal - The sale, storage, or display of fireworks, including the safe and sane variety, is prohibited. - San Dimas Municipal Code 9.27.010 states, “No person shall manufacture, possess, sell, offer for sale, store, display, dispose of, give away, keep stock, discharge, explode, fire or set off any fireworks within the city of San Dimas, including, but not limited to, safe and sane, dangerous, and exempt fireworks as defined by Sections 12505, 12508, 12511 and 12529 of the Health and Safety Code of the state of California. No public displays of fireworks shall be permitted.” La Verne: All types of fireworks are illegal - Sale, possession, or use of fireworks or firework devices prohibited in La Verne. - According to the La Verne Municipal 13.32.040, “The sale, possession or use of all types of fireworks is prohibited throughout the city except when a permit is issued, in advance, by the fire chief or his/her designee for such uses as special effects, group entertainment or other uses in accordance with Chapter 56 of the California Fire Code (2022 Edition). Fireworks are defined in Chapter 2 of the California Fire Code (2022 Edition) and include all forms of the devices, including, but not limited to, "safe and sane fireworks," firecrackers, sky rockets, sparklers, fountains and other common fireworks.” Claremont: All types of fireworks are illegal - Storage, use, sale, possession, or handling of all types of fireworks are prohibited in Claremont. - According to Claremont Municipal Code 09.28.030 through 09.28.040, "No person shall store, use, sell, possess, or handle fireworks within the City of Claremont. Any property owner or person in control of property who allows a person to sell, use, discharge or possess fireworks on the property owned by such person, or under such person's control, shall be in violation of this section, regardless of such person's intent, knowledge or negligence, said violation hereby being expressly declared a strict liability offense.” MEMORANDUM Date: July 9, 2025 To: Chief Rocky Wenrick From: A/Lt. Nick Covarrubias Subject: July 4th Holiday Enforcement Summary Report – 2025 Overview: Every year, Azusa residents celebrate the July 4th Independence Day holiday by discharging fireworks. An increasing number of residents, visitors, adults, and minors are using the cover of Safe and Sane fireworks to discharge dangerous illegal fireworks. In the face of these egregious violations, the City of Azusa and the Azusa Police Department remained committed to making the Fourth of July holiday season safe and enjoyable for everyone. The intent of the Azusa Police Department was to manage the Fourth of July holiday season through public education/awareness and a zero tolerance approach to enforcing illegal fireworks. The fine for illegal fireworks is $1000.00. Between July 2nd and July 6th, the Azusa Police Department maintained increased awareness and enforcement efforts to mitigate illegal fireworks within the city. Officers handled 115 fireworks related calls during that time frame. As anticipated, July 4th was the busiest day. Past history has demonstrated that standard police staffing is not adequate enough to ensure public safety on the night of July 4th. Therefore, patrol deployment was bolstered significantly to ensure the safety of the community. This year’s July 4th fireworks enforcement team consisted of seven (7) officers, three (3) Dispatchers, and one (1) Code Enforcement Officer. The team supplemented the nine (9) officers assigned to regular night shift patrol deployment leading to a total of sixteen (16) officers on duty between the hours of 1800 – 0200. This time period has historically been the peak hours for illegal firework activity. There were a total of 184 calls for service on the 4th. One hundred four (104) of those calls were fireworks related and were all handled by the fireworks enforcement team. With the zero tolerance approach in place, the police department issued twenty-five (25) citations to violators on the Fourth of July. During the five days of increased awareness towards illegal fireworks enforcement, a total of thirty (30) administrative citations were issued due to illegal fireworks violations. All citations will be forwarded to Code Enforcement for processing. With the fines starting at $1,000, total amount of fines handed out during this holiday is estimated to be about $26,000. Significant Events: There were a total of five (5) fires within the city limits but no reported injuries. This does not include fires reported in the county area of Azusa. Visitor Impact: Each year officers on the enforcement detail encounter individuals that express to them that they specifically come to the City of Azusa to light their fireworks. They customarily inform officers that the city they reside in does not allow the discharge of fireworks; therefore it has become a family tradition to come to Azusa to participate in the fireworks activities in the city. Of the twenty-six (26) citations issued during the enforcement period, seven (7) of them (26.9%) were issued to individuals bearing out of city identification. The six (6) cities and the number of citations issued are as follows: Covina (2), Los Angeles (1), El Monte (1), Ontario (1), San Bernardino (1), La Verne (1). The remaining nineteen (19) citations were issued to individuals/residences utilizing City of Azusa addresses. Fiscal Impact: Ensuring the safety of the community and the safety of police personnel cannot be met utilizing the department’s standard deployment numbers. The following is a best estimate of cost associated with the mandatory increased staffing for the Fourth of July holiday period. The figures utilized to develop this estimate are based on Officer(s) approximate overtime rates. *Please note these figures are best estimates and would need to be verified through payroll prior to use for official purposes. Date Salary Costs July 2nd $778.48 (Staffing: 1 Officer) July 3rd $3,186.96 (Staffing: 1 Sergeant, 3 Officers) July 4th (Staffing: 1 Sergeant, 2 Officers on regular shift) $3,639.48 (1 Corporal / 2 Officers / 1 Comm. Imp. Insp.) July 5th (Staffing: 1 Corporal, 2 Officers) $2,413.28 July 6th (Staffing: 2 Officer) $1,556.96 Totals $11,575.16 Total number of hours worked: Approximately 104 hours were worked over the scheduled Fourth of July special enforcement detail events. (a) (b) (a) (b) ARTICLE IV. - FIREWORKS Footnotes: --- (4) --- Editor's note— Ord. No. 04-03, § 1, adopted Feb. 17, 2004, amended Art. IV, in its entirety, to read as herein set out. Prior to inclusion of said ordinance, Art. IV pertained to similar subject matter. Subsequently, Ord. No. 06-01, § 1, adopted Jan. 3, 2006, amended Art. IV, in its entirety to read as herein set out. See also the Code Comparative Table. State Law reference— State regulation of the sale and use of fireworks, Health and Safety Code § 12500 et seq.; issuance of permits by local agencies, Health and Safety Code § 12640 et seq. DIVISION 1. - GENERALLY Sec. 30-100. - Intent. The provisions of this article are intended to regulate the sale and use of safe and sane fireworks and the prevention of fires and personal injury thereby. They are, furthermore, provided to ensure a community benefit from the revenues received. The fees required by this article are for regulation purposes. (Ord. No. 06-01, § 1, 1-3-06) Sec. 30-101. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Safe and sane means only those that have been classified and registered as safe and sane by the state law (California Health and Safety Code Section 12500 et seq.) and the state fire marshal. (Ord. No. 06-01, § 1, 1-3-06) Sec. 30-102. - Restrictions on sale or discharge. Except as provided in this article, the sale, offering for sale or the discharge within the city of fireworks of any kind, nature or description, including those devices defined as fireworks in California Health and Safety Code Section 12511, is prohibited. Any property owner or person in control of property who allows a person to sell, use, discharge or possess fireworks that are not safe and sane on the property owned by such person, or under such person's control, shall be in violation of this section, irrespective of such person's intent, knowledge or negligence, said violation hereby being expressly declared a strict liability offense. (Ord. No. 06-01, § 1, 1-3-06) Sec. 30-103. - Permitted discharge. Except as otherwise provided in this article, annually on July 4 beginning at noon and ending at midnight, safe and sane fireworks may be discharged only in residential zones within the city. Safe and sane fireworks shall not be discharged at any other time nor in any other zone or area other than provided in this section. Except as provided in section 30-104, no fireworks, including safe and sane fireworks, may be discharged in any park, commercial parking lot or the public sidewalks, alleys and/or street rights-of-way immediately 8/13/25, 12:05 PM Azusa, CA Code of Ordinances about:blank 1/7 (c) (d) (1) (2) (3) (4) (5) (6) (7) (8) adjacent to such park or commercial parking lot in the city. Regardless of the zone in which a fireworks sales stand is located, safe and sane fireworks shall not be discharged within 100 yards of any fireworks stand. No fireworks, including safe and sane fireworks, may be discharged on any property located north of the centerline of Sierra Madre Avenue. (Ord. No. 06-01, § 1, 1-3-06) Sec. 30-104. - Public displays. Fireworks may be discharged at any celebration of a public or semipublic nature if a permit authorizing the discharge of fireworks is obtained in advance of the celebration from the city council. Any such permit may be issued subject to such conditions as may be necessary for the protection of the public peace or safety. (Ord. No. 06-01, § 1, 1-3-06) Sec. 30-105. - Construction, maintenance and operation of temporary firework sales stands. All temporary stands for the retail sale of safe and sane fireworks shall be constructed, maintained, operated and removed in the manner and subject to the following conditions: Temporary fireworks stands shall be constructed entirely out of metal or synthetic materials of demonstrated low flammability and shall have metal flooring attached. Temporary fireworks stands need not comply with the provisions of the city building code; provided, however, that all stands shall be erected under the supervision of the building official and shall be constructed in a manner that will reasonably ensure the safety of attendants and patrons. Notwithstanding the requirement for the construction of metal or synthetic material fireworks stands, fireworks wholesalers and/or fireworks stand providers shall be provided with a grace period for compliance with this section. At least 30 percent of all fireworks stands provided by a wholesaler/provider shall be in compliance with this section in 2006. At least 60 percent of all fireworks stands provided by a wholesaler/provider shall be in compliance with this section in 2007. All fireworks stands provided by a wholesaler/provider shall be in compliance with this section in 2008 and thereafter. No person other than the permittee organization shall operate the stand for which the permit is issued or share or otherwise participate in the profits of the operation of such stand. No person other than the individuals who are members of the permittee organization or the spouses or adult children of such members shall sell or otherwise participate in the sale of fireworks at such stand. No person shall be paid or receive any other consideration for selling or otherwise participating in the sale of fireworks at such stand. No person shall be allowed in the interior of the stands, except those directly engaged in the sale of fireworks. There shall be at least one adult supervisor on duty on a 24-hour basis during the time the permit authorizes the sale of fireworks, regardless of whether the fireworks stand is open for business or not. No person under 18 years of age shall be allowed inside the stand at any time. No smoking signs shall be prominently displayed both inside and outside the stand. No smoking shall be permitted within the stand or within five feet of the stand. All weeds and combustible material shall be cleared from the site on which the stand is erected. No rubbish shall be allowed to accumulate in or around any fireworks stand nor shall a fire nuisance be permitted to exist. 8/13/25, 12:05 PM Azusa, CA Code of Ordinances about:blank 2/7 (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) No stand shall be erected before June 15 of any year. The stand shall be removed from the premises on which it is erected and the premises shall be cleared of all structures and debris not later than 5:00 p.m. of July 7. All stands shall be equipped with at least one fire extinguisher for each exit in the stand. The fire extinguisher shall be approved as to efficiency and safety by the fire department. Each stand in excess of 20 feet in length shall have at least two exits; provided, however, in no case shall the distance between exits exceed 20 feet, and the total length of any fireworks stand shall not exceed 40 feet. No stand shall be constructed with a depth of more than 12 feet. No stand shall be placed closer than 20 feet from any permanent building, 100 feet from any gasoline pump, or 300 feet from another fireworks stand. With each sale of fireworks, the person selling the fireworks shall personally hand to the customer a warning sheet describing the sections of this article regarding the dates and locations within the city where fireworks may be discharged. The warning sheet shall be prepared by the police department and shall describe the sections of this article and shall include a map showing the various areas within the city where fireworks may be discharged. The business licensing section of the economic and community development department shall ensure that the sheet is distributed with all permit packages. The police department shall distribute to each permittee on or before June 15 of each year the warning sheet to be used by the fireworks stand operators. Each permittee operating a stand shall be responsible for reproducing the warning sheet and distributing it to each customer of the stand. It shall be unlawful for the permittee of any stand or any person working at the stand to sell fireworks to any person without personally distributing the warning sheet to each customer. The failure of any person purchasing fireworks to receive the warning sheet shall not excuse his failure to comply with the sections of this article relating to the discharge of safe and sane fireworks. No fireworks stand shall be permitted to operate north of an easterly or westerly prolongation of Ninth Street to the city limits. No fireworks stand shall be located on any vacant or unimproved parcel of land. The placement of any temporary portable signs or other advertising media within any public right-of-way shall be prohibited. It is unlawful for any person to sell, provide or distribute fireworks to a retail seller of safe and sane fireworks, on the condition that the retail seller of such fireworks shall sell or distribute such fireworks only from a stand location in which the provider has any interest, option or lease, or in any other manner to restrict the location of such stand. Sales of safe and sane fireworks to persons under 18 years of age are prohibited. No person shall discharge safe and sane fireworks on the property of another without their consent. Nothing in this article shall prohibit the owner of any multi-family dwelling from prohibiting the discharge of safe and sane fireworks on their property as a condition of a rental agreement. Nothing in this article shall prohibit the governing board of any common interest development from adopting rules and regulations governing the discharge of safe and sane fireworks within the boundaries of a common interest development. The permit holder for each fireworks sales stand shall cause a sign to be posted on each side of the stand declaring that the sale and discharge of non-safe and sane fireworks is prohibited and that violation of the city's fireworks regulations will result in criminal citations and/or civil fines of $250.00 to $1,000.00 per violation. (Ord. No. 06-01, § 1, 1-3-06; Ord. No. 13-02, § 2, 10-7-13) 8/13/25, 12:05 PM Azusa, CA Code of Ordinances about:blank 3/7 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Sec. 30-106. - Violation; penalty. Any person who discharges, sells, or operates a stand in violation of this article is subject to criminal citations and administrative fines and penalties as set forth in Division 2 of this article as described hereinbelow. (Ord. No. 06-01, § 1, 1-3-06) Secs. 30-107—30-130. - Reserved. DIVISION 2. - WHOLESALE AND RETAIL SALE PERMITS Sec. 30-131. - Retail sales application. Applications for a retail safe and sane fireworks sale permit shall be in writing and shall contain the following: The name and address of the applicant organization. The applicant organizations status as a nonprofit organization. The date upon which the applicant organization was organized and established and the number of adults who are members of the applicant organization. The name and addresses of the officers, if any, of the applicant organization along with the names, addresses, and telephone numbers of any officers of the organization. The location where the applicant organization proposes to sell fireworks along with a letter of authorization signed by the property owner which shall include the property owners mailing address and telephone number. The location of the applicant organizations principal and permanent meeting place. The applicant organizations state board of equalization sales tax permit. The applicant organization shall, at the time of receipt of such permit, deliver to the city a copy of a public liability insurance policy in the amounts of $25,000.00/$50,000.00 and a property damage insurance policy in the amount of $5,000.00 issued to the applicant organization with a rider attached to the policy designating the city as an additional insured thereunder. Assurance that if the permit is issued to the applicant organization, the applicant organization will use the net proceeds from the sale of fireworks for the promotion of youth activities, veteran, patriotic, civic, or charitable activities within the city. The applicant organization shall provide a list of all promotional activities for youth, veteran, patriotic, civic, and charitable activities performed with the net proceeds from fireworks sales within the City of Azusa for the previous year, and list proposed expenditures in these areas for the following year. The city may verify any expenditure itemization submitted prior to issuing a permit to sale fireworks. In the event the applicant organization cannot provide the required expenditure itemization, a permit shall be denied. Falsification of any required application information shall be grounds to deny any future fireworks sales permits to the applicant organization. (Ord. No. 06-01, § 1, 1-3-06) Sec. 30-132. - Issuance of retail sales permit. 8/13/25, 12:05 PM Azusa, CA Code of Ordinances about:blank 4/7 (a) (1) (2) a. b. c. d. (b) (c) (d) (e) (a) (b) (a) Upon the receipt on or before April 1 of each year of a written application thereof, the city manager or his/her designee may, subject to the reduction provided for in subsection (e) below, issue a maximum of 18 "legacy" permits for the sale of safe and sane fireworks to nonprofit associations or corporations organized for veteran, patriotic, youth serving, civic betterment or charitable purposes which continue to: Support youth programs solely for students of the Azusa Unified School District; or Meet all of the following: Its principal and permanent meeting place in the city limits; and Been organized and established in the city for a minimum of three years continuously preceding the filing of the application for the permit; and Who meet regularly within the city; and Has submitted all required application information. Only one permit shall be issued per organization regardless of the number of individual chapters or subgroups associated with the organization, or meeting within the City of Azusa; provided, however, that two permits may be issued to Azusa High School, Gladstone High School, and Azusa Pacific University. The city manager or his/her designee shall either grant or deny the permit before May 1. If the application for the permit is denied, the applicant organization may appeal to the city council. After such investigation as it deems appropriate, the city council may issue or refuse to issue the permit. If it issues the permit the city council may attach such conditions to the permit as are required for the protection of the public peace or safety. The decision of the city council upon the application shall be final. The 18 legacy permits issued for fireworks sales in July 2011 shall be deemed permits on the "legacy permit list." If in any subsequent year any permittee on the "legacy permit list" does not apply for or receive a sale permit pursuant to this section 30-132 then the maximum number of permits as set forth in subsection (a) herein shall be reduced by the number of permittees that do not re-apply and the permittee(s) shall be removed from the "legacy permit list." Retail sales permits are to be held by the applicant organization only and are not transferable or subject to assignment for any reason whatsoever. (Ord. No. 06-01, § 1, 1-3-06; Ord. No. 12-O2, § 2, 5-21-12) Sec. 30-133. - Permittee compliance required. If, in the opinion of the city manager or his/her designee, the construction of a temporary fireworks stand or the operation and maintenance of the stand does not conform to this article, any peace officer may order that the stand be immediately closed. If a permittee fails to comply with this article or with the orders of the fire department, building division, or any peace officer, that fact shall constitute sufficient grounds for the denial in any subsequent year of any application by that organization for a permit to sell fireworks. (Ord. No. 06-01, § 1, 1-3-06) Sec. 30-133.5. - Issuance of transitional retail sales permits. Notwithstanding the limitation of 18 legacy permits for the sale of safe and sane fireworks to the organizations and groups described in subsection (a) of section 30-133, the city council may also "transitional" permits. The maximum number of transitional permits that may be issued shall be equal to the difference between 23 and the total number of then existing legacy permits, in accordance with the requirements set forth below: 8/13/25, 12:05 PM Azusa, CA Code of Ordinances about:blank 5/7 (1) (2) (3) a. b. c. (b) (c) (a) (b) (a) (1) (2) On or before June 4, 2012 and each May 1st of every year thereafter, the city council shall, by resolution, determine the number of transitional permits to be issued in that year and the deadline for submittal of applications. In no event shall the number of transitional permits exceed the difference between 23 and the total number of then existing legacy permits. Upon the receipt, on or before the deadline established by resolution of the city council, of a written application thereof, the city manager or his/her designee may issue the maximum number of transitional permits authorized in that year to additional nonprofit associations or corporations described in subsection (a) of section 30-133 or to other groups that provide services to active or reserve military personnel and/or their families that are based in the City of Azusa (i.e. have their principal and permanent meeting place in the city limits.). If more applications are received than transitional permits available, the city manager shall award transitional permits according to the following priority criteria: First priority shall be granted to non-profit associations or corporations who use proceeds from the sale of safe and sane fireworks to exclusively benefit youth groups and activities for youth in the city. Second priority shall be granted to non-profit associations or corporations who use proceeds from the sale of safe and sane fireworks to benefit organizations in the city that are organized primarily for veteran and military personnel, patriotic, welfare, civic betterment or charitable purposes; and Third priority shall be granted to unincorporated groups who use proceeds from the sale of safe and sane fireworks to benefit active or reserve military personnel and/or their families that are based in the City of Azusa (i.e. have their principal and permanent meeting place in the city limits). Where more applicants meet the priority criteria than the available number of transitional permits, the city manager shall be allowed to choose based upon random selection. Existing legacy permittees shall not be allowed to apply for transitional permits. (Ord. No. 12-O2, § 3, 5-21-12) Sec. 30-134. - Time, location restrictions. The permit required in this division shall authorize the sale of safe and sane fireworks beginning at 12:00 noon on July 1 and ending at 10:00 p.m. on July 4. No person shall sell a safe and sane firework at any other time than those times authorized herein. The permit shall authorize the sale of safe and sane fireworks only from the temporary stand erected at the location specified in the application. Each applicant shall be limited to one permit a year, and each permit shall be limited to one stand, except as provided in section 30-132(b). (Ord. No. 06-01, § 1, 1-3-06) Sec. 30-135. - Reserved. Sec. 30-136. - Regulations on wholesalers; permits; stand removal and payment of regulatory fees. Except as provided herein, no manufacturer, importer, exporter or wholesaler of fireworks shall offer for sale or sell at wholesale any fireworks of any kind without having first applied for and received a wholesale permit therefore, from the city's business license officer and paid the annual regulatory fee amount described in subsection (c) below. All applications for a wholesale permit to sell shall: Be made in writing, accompanied by a fee established by resolution of the city council. Be submitted to the city only between the 1st day of April and the 30th day of April each calendar year. 8/13/25, 12:05 PM Azusa, CA Code of Ordinances about:blank 6/7 (3) (4) (5) (b) (c) (a) (b) (c) (1) (2) (3) (4) (5) Be accompanied by an assurance that if the wholesale permit is issued to the applicant, the applicant shall, at the time of receipt of such wholesale permit, deliver to the business license officer of the city evidence of general commercial liability and property damage insurance in the form of certificates with riders or endorsements designating the city and its employees, officials and agents as additional insured. Contain such other information as may be required by the business license officer. Contain a statement that safe and sane fireworks shall not be furnished, sold, distributed or placed in the possession of any person or organization in the city, or for sale, use or distribution in the city, unless such person or organization holds a valid and unrevoked permit from the city to so possess sell, use or distribute such. Upon issuance of a wholesale permit the permittee shall deposit with the city a security deposit of $500.00 for each retail sales stand it will construct in the city. The security deposit shall be returned in full provided that each stand is removed on or before July 7 at 5:00 p.m. For each day past the deadline the permittee shall forfeit $100.00 per day, per stand. The failure to timely remove stands may be used as grounds to deny a future wholesaler application. The city shall also assess a regulatory fee to pay for the cost of processing and issuing permits under this article; the inspection of stands; a public education and awareness campaign; enforcing the provisions of this chapter, including personnel time; and clean-up of the trash and debris left behind each year. The regulatory fee shall be paid by the manufacturer, importer, exporter or wholesaler of fireworks sold in the city in proportion to the number of stands constructed in the city. The regulatory fee shall be established on a yearly basis by separate resolution of the city council. (Ord. No. 06-01, § 1, 1-3-06) Sec. 30-137. - Penalties. Whenever a peace officer charged with the enforcement of any provision of the Municipal Code determines that a violation of this article has occurred, the peace officer shall have the authority to issue an administrative citation to any person responsible for the violation. Whenever a peace officer charged with the enforcement of this article determines that a violation of the article has occurred, the peace officer may issue an administrative citation for each violation found to have occurred. Citations issued pursuant to this article shall carry administrative fines as follows: $1,000.00 for the first violation of section 30-102 involving the discharge of illegal fireworks to any person or property address. $2,000.00 for the second violation of section 30-102 involving the discharge of illegal fireworks and issued to any person or property address within five years of the first violation. $5,000.00 for the third violation of section 30-102 involving the discharge of illegal fireworks and issued to any person or property address within five years of the first violation. $5,000.00 for any subsequent and consecutive violation of section 30-102 involving the discharge of illegal fireworks and issued to the same person or property address as the administrative citation issued the prior year beyond the fifth year. $250.00 for the first violation and $500.00 for all subsequent violations of any other provision of this article. (Ord. No. 06-01, § 1, 1-3-06; Ord. No. 13-02, § 2, 10-7-13; Ord. No. 2021-03, § 2, 6-7-21) 8/13/25, 12:05 PM Azusa, CA Code of Ordinances about:blank 7/7