HomeMy WebLinkAboutOrdinance No. 99-O80 0
ORDINANCE NO. 99-08
AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA
AMENDING ARTICLE IV OF CHAPTER 30 OF THE AZUSA
MUNICIPAL CODE CONCERNING THE DISTANCE
REQUIREMENTS BETWEEN FIREWORKS STANDS AND
THE SALE OF FIREWORKS FOR THE MILLENNIUM
CELEBRATION
WHEREAS, CaliforniaHealth and Safety Code, Section 12599.5 provides that a one-
time retail license may be issued by the State Fire Marshall to authorize the sale of safe and sane
fireworks from 9:00 a.m. on December 26, 1999, until midnight of January 1, 2000, provided that
a city adopts an ordinance or resolution authorizing such sales during that period; and
WHEREAS, California Health and Safety Code, Section 12599.5(c) provides that
this section shall become inoperative as of January 2, 2000; and
WHEREAS, the City Council desires to adopt an ordinance modifying existing
provisions related to the distance requirements for fireworks stands, and adopting a new, uncodified
subsection authorizing the sale of safe and sane fireworks from 9:00 a.m. on December 26, 1999,
until midnight of January 1, 2000, while also setting forth limits on the sale of such fireworks in order
to reduce the risk of fires and fire related injuries, provide the City's service organizations with an
additional fund raising opportunity and provide safe and sane fireworks for use by citizens during the
millennium celebrations; and
WHEREAS, the Azusa Municipal Code already sets forth various requirements
pertaining to the sale of safe and sane fireworks, as well as the construction, maintenance, and
operation of temporary stands for the retail sale of safe and sane fireworks with which organizations
granted a permit must comply and it is not the intent of this ordinance to repeal any of these existing
requirements, except as modified by this ordinance;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 30, Article IV, subsection 30-105(13) of the City of
Azusa Municipal Code is hereby amended to read as follows:
"(13) No stand shall be placed closer than 20 feet of any permanent building, 100 feet from
any gasoline pump, or 300 feet from another fireworks stand. Permittees establishing fireworks
stands at the same location as of July 1, 1998, shall be exempt from the distance requirements from
other fireworks stands, provided a permit has been secured annually for that location by the same
permittee."
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SECTION 2. A new, uncodified Section 30-106 is hereby added to Chapter
30, Article IV, of the City of Azusa Municipal Code to read as follows:
"Sec. 30-106. Exceptions for Millennium Celebration.
(a) Notwithstanding subsections 30-103(a) and 30-103(b) safe and sane fireworks may
be discharged on December 31, 1999 and January 1, 2000 in the following areas of the city:
(1) Single-family residential zones (R1-10000, R1-7500, R1-6000, R1-5000);
(2) Residential agricultural zone (R -A);
(3) Two-family residential zone (R-2);
(4) Multiple -family residential zones (R3-3000, R3-2000, R3-1600); and
(5) City parks.
(b) Notwithstanding subsection 30-105(9), a stand for the sale of safe and sane fireworks
may be erected on or after December 15, 1999. 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 12:00
noon on January 9, 2000. Notwithstanding subsection 30-134, sales of safe and sane fireworks shall
only be permitted beginning 12:00 noon on December 26, 1999 and ending on January 2, 2000. Any
permit granted pursuant to this section, shall authorize the sale of safe and sane fireworks only from
the temporary stand erected at the location specified on the application. Each applicant shall be
limited to one additional permit for the year, and each permit shall be limited to one stand.
(c) Notwithstanding subsection 30-105(14), witheach sale offireworks, the personselling
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 chief of police and shall describe the sections of this article and
shall include a map showing the various zones within the city where fireworks may be discharged.
The chief of police shall distribute to each permittee on or before December 15, 1999 the warning
sheet to be used by the fireworks stands. 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.
(d) Notwithstanding filing and response deadlines contained in subsection 30-132, upon
the receipt on or before September 1, 1999 of a written application therefor, the City Manager or
his/her designee may issue a maximum of 23 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. The City Manager or his/her designee shall either grant or deny the permit
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before October 1, 1999. 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.
(e) All other provisions contained in Azusa Municipal Code, Sections 30-101 through
§30-105 and § 30-131 through § 30-134 that are not in conflict with this subsection shall remain in
M force and effect.
(f) This Section 30-106 shall be uncodified and shall become inoperative on January 2,
2000."
SECTION 3. This Ordinance shall be in full force and effect thirty (30) days after its
passage.
SECTION 4. A summary of this Ordinance shall be published in the manner required
by law.
PASSED, APPROVED AND ADOPTED this 19 day of April , 1999.
ATTEST:
Adolph Solis,
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF AZUSA
) ss.
I, Adolph A. Solis, City Clerk of the City of Azusa, do hereby certify that the foregoing
Ordinance No. 99-08 was duly introduced and placed upon its first reading at a regular meeting
of the City Council on the 5`^ day of April, 1999, and that thereafter, said Ordinance was duly
adopted and passed at a regular meeting of the City Council on the 19' day of April, 1999, by the
following vote to wit:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:
HARDISON, STANFORD, ROCHA, BEEBE,
MADRID
NONE
NONE
ME