HomeMy WebLinkAboutSS04 - Fireworks PolicyCITY OF NEWPORT BEACH
STUDY SESSION AGENDA ITEM NO. 4
TO: HONORABLE MAYOR AND MEMBER5QkAj4E CITY COUNCIL
FROM: Homer L. Bludau, City Manager
DATE: July 9, 2002
SUBJECT: Fireworks Policy
ISSUE:
Does the City Council want to consider a Council Policy regarding the issuance of
fireworks permits by City staff? If so, what should the policy include?
BACKGROUND:
Fireworks permits have been handled through the Community Services Department
under the Special Events policy. When a request for an event, which includes
fireworks, is submitted, the Community Services Department forwards a copy of the
Special Event application to all potentially affected City departments for comments. The
Fire Department plays the largest role in department comments and also requires a
Fireworks Permit. It investigates the application to ensure all fire and public safety
requirements are met. If the application can be approved, Fire places conditions for fire
and public safety on the permit. Most fireworks permits are approved, as the applicants
are willing to meet the conditions contained in the permits. The City Manager's final
approval is required. A minimum of $1 million in general liability insurance is required,
although at times, the City has required $2 million. The Community Services
Department has started requiring permit holders to notify their neighbors within a 300 -
foot radius of the impending fireworks by distributing flyers; however, the displays off
shore are more than 300 feet away so no notification has been required.
NOTIFICATIONS:
A problematic area regarding fireworks permit approvals is the neighborhood
notification. Currently, City staff requires the permit holder to notify those residents
closest to the fireworks display. However, due to the hilly topography and the
thousands of residents who reside near the water, fireworks displays can produce
noises which affect large portions of the City, particularly those displays which occur off
City Hall • 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92659 -1768
Fireworks Policy
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beaches in the Corona del Mar area. With such displays, it is virtually impossible to
notify all affected residents. Placing a notice in the Daily Pilot may only reach 20 -30%
of the City's residents. If direct mail is required, where is the mail cut -off line
geographically and who pays? The City Manager believes that neighborhood
notification requirements are needed as a courtesy, but notification of all City residents
who could be affected by either noise or percussion is impossible to do. Evening winds
and cloud conditions vary, making it virtually impossible to estimate affected sections of
the City in advance.
POSSIBLE CITY POLICIES:
There are several potential fireworks policies the City Council may want to consider.
1. No Fireworks Allowed — A potential Council policy could be to deny all
fireworks permit requests, except those for July 4h, when the public would not
be surprised by such displays. A special exception could be made for
unique /special events, upon application to the City Council.
2. Fireworks Allowed with Strict Time Parameters — Recent complaints stemmed
from a fireworks display that was part of a wedding celebration. The display
was to take place at 9:00 p.m. and did not occur until 9:40 p.m. Children
were awakened and the lateness of the display startled many residents. City
staff could require fireworks displays to occur no later than 9:05 p.m. and last
no longer than 9:30 p.m. Failure to comply with the time limitation could
result in the fireworks vendor losing the right to obtain fireworks permits for a
certain time period (24- months ?). This seems to be the strongest
enforcement tool the City has for time requirements. In addition, a $2,500
bond could be required of the applicant, with bond forfeiture if time limitations
are exceeded.
Since notification of affected residents does not seem to be practical,
ensuring fireworks displays occur at a reasonable hour appears to be the best
policy approach. Fireworks could be limited to Friday and Saturday, except
for holidays and exceptions granted by Council.
CONCLUSION:
Many residents like periodic fireworks displays. Of those who don't, the timing or
element of surprise caused by the displays seem to be the greatest irritant. If City staff
can develop some enforcement mechanisms that work, it appears that a policy can be
crafted which should meet most objections.
FOLLOW -UP ACTION:
After public and Council input, direct staff to draft a proposed City Council fireworks
policy including those requirements Council desires to be included.
Newport Beach Fire Department
Fire Prevention Division
3300 Newport Blvd., Newport Beach, CA 92663
(949) 644 -3106
(949) 644 -3120 Fax
APPLICATION FOR PERMIT
A permit is required prior to engaging in activities, operations, practices, or functions
listed in the 1998 California Fire Code Article 1 Section 105.
Location of Event:
Business Name:
Business Address:
Application is hereby made by the undersigned for permit to engage in the following:
Temporary Membrane Structures, Tents, and
Canopies
quantity/ size(s):
0 Fireworks Display
0 Liquid- or Gas - fueled Vehicles or
Equipment in Assembly Buildings
Date(s):
Attendance:
0 Tent /Canopy Occupancy
0 Liquefied Petroleum Gases
0 Other (specify):
Attach a site plan (8 1/2" x 11 "), where
applicable to this application.
Time:
0 No Permit Fee 0 $53.00 Permit Fee
Inspection Required: 0 $106.00 /hour 0 $106.00 Weekend/ Holiday (2 hr. minimum)
Special Requirements:
Applicant Information
Date:
Business Name:
Applicant Name:
(Print Name) (Signature)
Street Address:
City, State, Zip:
Phone No.: Fax No.:
1s/ Z — s s s s L 1 1 6 -
City of Newport Beach P.O. BOX 1161, 2200 NEWPORT BLVD PHONE: 969.666.2151
COMMUNITY SERVICES NEWPORT BEACH, CA 92661.1915 FAX: 969. 666.2155
❑ Casino ❑ Tournament ❑ Surf Contest ❑ Festival OFFICE USE ONLY
❑ Live Music ❑ R
Sales/Expo EVENT NUMBER:
ace/Walk APPLICATION FEE:
❑ Parade /Processions ❑ Concert /Performance ❑ Other DATE PAID:
Event Title: Event Date:
Estimated attendance per day: Participants: Spectators:
Admission fee? ❑No ❑Yes- Describe:
Actual event hours: Set up /assembly Date: Start time:
Break down /dismantle Date: Completion time:
Location (exact address(:
Total number of days:
Site Plan attached:
List any streets that require closure for this event:
it
PO
❑Commercial ❑ Non-com mercial
Host /Sponsoring orgonizotion(s(: Contact person:
Address: City: Zip:
Phone: Fax: e-mail:
Please list name, address, phone and e-mail of any professional organizer or event Danner hired by you to produce this event:
Name: Address: Phone: e-mail:
IF professional event organizer is applying for this permit, a letter From the Chief Officer of the organization which authorizes the
applicant to apply for this permit is required.
Responsible person 'on site' da_y_of event: Pager /cell phone:
This person must be in attendance For the duration of the event and immediately available to City officials
Phone number For public event information
Describe parking arrangements For event:
Is this event open to the public? ❑No ❑Yes- Describe:
Traffic safety equipment required: ❑No ❑Yes- Describe:
Provide a detailed traffic plan for road closures:
Describe entertainment and related activities:
Will alcohol be ❑served? ❑sold? ❑No IF yes- Contact person: phone:
Will food be ❑served? ❑sold? ❑No IF Yes - Contact person: phone:
Will food be prepared at the event site? ❑No ❑Yes— Describe:
APPLICANTS MUST COMPLETE BOTH SIDES OF THIS DOCUMENT
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Are there plans for signs /inflatable displays? ❑No []Yes— Describe
Will there be a drawing, raffle, or casino? ❑No []Yes— Contact person: Phone:
Will there be sound amplification? []No ❑Yes— indoors or outdoors?
Hours and type of use:
Describe sound eauioment:
Amplified sound requires an on site contact person. Name: Pager /cell phone:
(PERMIT REQUIRED FOR EACH TENT OVER 200 SQ.FT.
Will there be canopies or tents? []No ❑Yes -Size & number: AND/Olt CANOPIES OVER 400 SO.FT.)
Date installed: Date removed: Supplier:
Will booths, bleachers, stages or structures be erected? []No []Yes- Describe:
Will signs or banners be used? []No []Yes- Describe size and location:
Will there be generators. vehicles. boats or other eauioment? []No []Yes- Describe:
Will there be commercial filming of this event?
Any other commercial aspects? []No []Yes- Describe:
Additional information:
I, THE UNDERSIGNED, ACKNOWLEDGE AND UNDERSTAND THAT I AM RESPONSIBLE TO COMPLY WITH THE INFORMATION, RESTRICTIONS AND
CONDITIONS OF THE PERMIT WHEN ISSUED. I NEARBY ACKNOWLEDGE RESPONSIBILITY FOR PENALTIES ASSOCIATED WITH NON - COMPLIANCE WITH THE
PERMIT CONDITIONS, WHETHER OR NOT I AM PRESENT AT THE TIME OF THE VIOLATION.
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I hereby certify the foregoing statements to be true and correct, and agree to defend, indemnify and hold harmless the City of
Newport Beach, its City Council, officers, agents and employees from and against any and all loss, claims, damages, liability, such
claim or suit arising from or in any manner connected to the requested activity. I also agree, if approved, to comply with all permit
conditions, and understand that failure to comply with any condition, or any violation of law may result in the immediate cancellation of
the event, denial of future events and or criminal prosecution.
Date: Print your name: Signature:
Method of payment: []Cash []Check # ❑Credit Card #
Check one: []Visa []MasterCard ❑ ITI Expiration date:
TO AVOID LATE FEES PERMIT APPLICATION MUST BE RECEIVED 10 FULL BUSINESS DAYS IN ADVANCE OF EVENT.
Attachments received: [Insurance []Traffic control /plot plan ❑Banner permit
[]Site plan ❑Tent permit application
LEVEL 1— Permits routed to other departments:
(APPEAL Fit $60)
R NR R NR R NR
$ 90 $115 $175 $200 $280 $310
LEVEL 2— Permits for complex events requiring road $115 $160 $230 $270 $340 $375
closures, attachments or permits required by
other de0artments: IAPPFAL FEE $601
LEVEL 3— Permits For major events requiring road closures, $265 $370 $570 $655
attachments, permits required by other departments
and one pre -event meeting: (APPEAL FEE $2001
'Any application submitted loss than ton business days prim to the event Is considered fats and will he charged accordingly.
"Any application submitted less than three business days prior to the went is considered a rush and will be charged accordingly.
R- RESIDENT, NR- NON-RESIDENT
City of Newport Beach P.O. SOX 1761, 3300 NEWPORT SLVD PHONE: 949. 644.3151
COMMUNITY SERVICES NEWPORT REACH, CA 92651.6915 FAX: 949. 644.3155
If your event or activity hos ony of the following conditions, it will likely require o special event permit:
♦ ony show, entertoinment, circus, cornivol, donce, exhibition, lecture, concert, sporting event, auction or other hoppening
which is open to the public, does not require o license or permit under the Newport Beoch Municipol Code and is not o locol
school or school district activity occurring solely on school district property
• commerciol conduct on public property
• exclusive use of public property (e.g., commerciol octivity on public right of woy)
• requires use Of public right of woy (e.g., porodes or runs)
• sole or service of olcoholic beveroges other thon in o privote residence or under on oppropriote Alcohol Beveroge Control License
• cosino games for chority, entertoinment or any other non-permitted use
• omplified music or o live bond on public property
• omplified music from ony source thot will extend beyond the property line where the event is held
• ony use of fireworks
• any commerciol or business conduct outside of normol operations not outhorized by o use permit
• the use permit requires o Speciol Event Permit for the octivity
FOR SPECIFIC QUESTIONS PLEASE CALL COMMUNITY SERVICES AT 949. 644 -3151 AND SPEAK TO THE SPECIAL EVENT PERMIT COORDINATOR.
LEVEL 1 ♦ minimum of one month in odvonce
LEVEL 2 ♦ minimum of two months in advance
LEVEL 3 ♦ minimum of six months in odvonce
V Q
ALCOHOL SERVICE
Pleose be sure to describe the type of service you ore plonning. The following ore exomples:
• Free /host olcohol - olcohol is covered in the cost of the event, no soles of the event
• Alcohol sole -oil olcohol is sold of the site
• Host & olcohol soles -o portion of the olcohol is included (e.g., 1 free drink with ticket) & the remoinder is purchased.
• Beer only ♦ Beer & wine ♦ Full bor offered
AMPLIFIED SOUND
If your event hos omplified sound but is NOT open to the public, you moy only be required to hove on omplified sound permit.
Otherwise pleose see 'noise' below.
APPLICANT
This must be the chief officer or o representotive of the host orgonizotion who hos been outhorized by the orgonizotion to opply for
the event.
BANNERS
Any banners, pennonts, flogs, signs, streomers, inflotoble disploys or similor devices ore reguloted and must be listed on your
permit opplicotion. Permits ore required for bonnets on public property. In some coses, these permits con toke 4 -6 weeks.
CASINO GAMES OR DRAWINGS
Any casino gomes or drowings must be declored in the permit, os they require speciol rules and regulotions. Gambling is not
permitted in the City of Newport Beoch of ony time.
COMMERCIAL CONDUCT
Events sponsored by organizations or entities with o current IRS 501-0 3 clossificotion of non - profit stotus ore not considered to
be commerciol in noture. If o non - profit orgonizotion hos corporote sponsor(s) and con demonstrote o minimum of 50% of the
proceeds of the event will benefit the non - profit orgonizotion thon the event is not considered commerciol.
Newport Beoch requires o business license be obtoined by oil commerciol entities operating within the City. Commerciol spon-
sors, exhibitors, vendors, etc. ossocioted with speciol events ore required to obtoin o Newport Beoch business license prior to the
scheduled event dote. When toxoble soles ore generated o 530.8 Temporory Soles Location (provided by City) form may be
completed in lieu of obtoining o business license. When this option is requested the 530.8 form sholl be completed promptly
and submitted to the Colifornio State Boord of Equolizotion and O copy of the return sholl be sent to the City Of Newport Beach.
This option only exists for entities generating toxoble soles.
ENTERTAINMENT & RELATED COMPONENTS
It is the event orgonizer's responsibility to insure thot oil octivities comply with City of Newport Beoch noise ordinonces. Pleose
be owore that loud and unreosonoble noise is o violation of NBMC 10.28 and 10.32. A police or code enforcement officer
who determines that noise from your event is loud and unreosonoble for the event locotion moy require you to lower the noise
level or discontinue the event. (Also, the police moy order musical entertainment to end if it incites o crowd or hos the potentiol
to incite unruly or risky behovior.) The following must be listed in your description of entertoinment:
• Musicol entertainment lectures ♦ Number of stoges, including height and size ♦ Lighting
• Number of performers and types of instruments ♦ Sound checks (time and dote) ♦ Sound omplification used (yes or no)
• Doncing permitted (yes or no) ♦ Fireworks (odditionol permit required) ♦ Signs, banners or decorotions
• Disc Jockey /omplified recorded music (yes or no) CONTINUID ON SACK..
FOOD SERVICE
Please be sure to describe the type of service you ore planning. The following ore examples:
• Free food to participants ♦ Food booths with food soles ♦ Food cooked off site and brought in
• Gas grills only ♦ Charcoal grills ♦ Electric cooking appliance ♦ Propone ♦ Refrigerated Food trucks
INSURANCE
Before the final permit can be mailed, oil proper insurance documentation must be received and approved by the City's Risk
Manager. Applicants may be charged for extra time spent an follow -ups for incomplete or inadequate insurance submissions.
Please read all the requirements carefully.
MARKETING PLAN
This is o description of how you intend to inform the public about your event. It con be brief and general, but include the dote
you intend to start publicity. It is strongly suggested that publicity not start until you have secured your event permit.
NOISE & AMPLIFIED SOUND
The City of Newport Beach has several noise ordinances that regulate the use of amplified sound of special events.
Having o Special Event Permit does not give the permit holder permission to violate City Ordinances. All permit applicants ore
encouraged to work with sound engineers to make every effort to keep noise produced by the event within the confines of the
event site. Code enforcement officers con be required to make sound checks for events at your expense. A citation con be
issued if your event is not in compliance with noise ordinances. It is highly suggested that event organizers maintain volume
control over oil entertainment in order to comply with direction from police or code enforcement officers. In most cases, limited
outdoor amplified sound will be allowed only between the hours of 8 a.m. to 10 p.m.
NOTICE TO COMMUNITY
If you ore required to notify the community, you must provide o copy of your notice to Community Services of least 3 weeks
before the event. All notices must be distributed at least 2 weeks prior to the event. Homeowner Association information con be
obtained from the Planning Deportment at 949 - 644 -3225.
ON -SITE CONTACT
This is the name and phone number of o person who will be of the event and con be contacted there by cell phone or pager.
PERMIT CONDITIONS
All permits that ore issued include conditions with which you and any vendors or subcontractors involved in the event must, by
law, comply. Failure to adhere to permit conditions con result in revocation of the permit, forfeiture of deposit, administrative
citotion(s), fines and denial of future permit applications.
PLOT PLAN
For indoor events, a detailed drawing of all fixed and movable objects is required. This drawing should include fire exits, food
tables and other elements that will impact safety and traffic flow.
RUNS OR RACES
According to City Council Policy 1 -8, the City of Newport Beach limits runs, roces and bicycle events to no more than twelve
(12) per year. Before applying for such on event, please check with Community Services staff on availability.
ROAD CLOSURE
You must indicate any portion(s) of street(s) or olley(s) that will be blocked for vehicle or pedestrian traffic.
SET -UP /BREAK -DOWN
This will describe the time and area needed for setting up the event. Please include the hours anticipated for both set up and
break down. If you require sound checks, the time and date must be included in your application.
SURF CONTESTS
According to City Council Policy 1.8, the City of Newport Beach is limited to 8 surf contests per year and to no more than 6 in
any one location. Please check with staff prior to planning your event about availability of dates.
SITE PLAN and /or ROUTE
To ensure proper review of your event, you must submit o site pion. This is applicable for both moving routes, such as parades,
and fixed venus. Based on your event site pion and components, the Fire Deportment may require an inspection of your venue
at your cost before or during the event. Please include all portable structures, stages, bleachers, tables, tents and other equip-
ment that will be needed for your event in your pion. A detailed narrative should supplement your site plan or route map.
Please include if applicable
• a description of the entire event venue, including the names of all streets or areas that ore part of it.
Include the direction of travel if it is o moving event.
• location of fencing, barriers and /or barricades; indicate any removable fencing for emergency access.
• the provision for a minimum of 20 -foot emergency access lones throughout the event venue
• location of first aid facilities and ambulances ♦ parking and shuttle pion
• location of oil stages, platforms, scaffolding, bleachers, grandstonds, canopies, tents, portable toilets, booths, beer
gardens, cooking arenas, trash containers, dumpsters and other temporary structures
• detail of food booths and cooking area configurations ♦ generator locations and source of electricity
• placement of vehicles and /or trailers ♦ exit location for outdoor events that ore fenced or within tents or tent structures
• identification of all event components that meet accessibility standards ♦ related components not listed above
TRAFFIC PLAN
If there ore any road closures, o detailed traffic plan is required. This detailed pion must include oil routing plans for traffic
and any barricades, signs or police or volunteer locations.
TRASH REMOVAL
Describe how you pion to pick up and remove trash generated by the event.
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