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HomeMy WebLinkAboutOrdinance No. 06-O10 ORDINANCE NO. 06-01 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 30 OF THE AZUSA MUNICIPAL CODE BY RESTATING IN THEIR ENTIRETY DIVISIONS 1 AND 2 OF ARTICLE IV OF CHAPTER 30 CONCERNING THE REGULATION OF THE SALE AND DISCHARGE OF FIREWORKS WITHIN THE CITY OF AZUSA NOW, THEREFORE, THE PEOPLE OF THE CITY OF AZUSA DO ORDAIN AS FOLLOWS: SECTION 1. Article N of Chapter 30 of the Azusa Municipal Code is hereby repealed and restated in its entirety to read as follows: "ARTICLE IV. FIREWORKS 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. 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 § 12500 et seq.) and the state fire marshal. Sec. 30-102. Restrictions on sale or discharge. (a) 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 § 12511, is prohibited. (b) 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. 1 ORANGEISRC\22692.1 0 0 Sec. 30-103. Permitted discharge. (a)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: (b) 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 adjacent to such park or commercial parking lot in the City. (c) 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. (d) No fireworks, including safe and sane fireworks, may be discharged on any property located north of the centerline of Sierra Madre Avenue. 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. 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: (1) 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 thirty percent (30%) of all fireworks stands provided by a wholesaler/provider shall be in compliance with this section in 2006. At least sixty percent (60%) 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. ORANGEISR022692.1 0 0 (2) 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. (3) 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. (4) No person shall be paid or receive any other consideration for selling or otherwise participating in the sale of fireworks at such stand. (5) No person shall be allowed in the interior of the stands, except those directly engaged in the sale of fireworks. (6) 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. (7) 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. (8) 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. (9) 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 pm of July 7. (10) 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. (11) 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. (12) No stand shall be constructed with a depth of more than 12 feet. (13) 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. (14) 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 3 ORANGE\SRCU2692.1 0 0 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. (15) No fireworks stand shall be permitted to operate North of an Easterly or Westerly prolongation of Ninth Street to the City limits. (16) No fireworks stand shall be located on any vacant or unimproved parcel of land. (17) The placement of any temporary portable signs or other advertising media within any public right of way shall be prohibited. (18) 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. (19) Sales of safe and sane fireworks to persons under 18 years of age are prohibited. (20) No person shall discharge safe and sane fireworks on the property of another without their consent. (21) 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. (22) 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. (23) 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 fres of $250 to $500 per violation. 4 ORANMSRC22692.1 See. 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. Sees. 30-107--30-130. Reserved. DIVISION 2. WHOLESALE AND RETAIL SALE PERMITS See. 30-131. Retail sales application. Applications for a retail safe and sane fireworks sale permit shall be in writing and shall contain the following: (1) The name and address of the applicant organization. (2) The applicant organizations status as a nonprofit organization. (3) The date upon which the applicant organization was organized and established and the number of adults who are members of the applicant organization. (4) 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. (5) 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. place. (6) The location of the applicant organizations principal and permanent meeting (7) The applicant organizations state board of equalization sales tax permit. (8) 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. (9) 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. 5 ORANGEISRC22692.1 (10) 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. (11) Falsification of any required application information shall be grounds to deny any future fireworks sales permits to the applicant organization. Sec. 30-132. Issuance of retail sales permit. (a) Upon the receipt on or before April 1 of each year of a written application therefor, the city manager or his/her designee may, subject to the reduction provided for in subsection (e) below, 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 which: District; or (1) Supports youth programs solely for students of the Azusa Unified School (2) Has all of the following: a. Its principal and permanent meeting place in the City limits; b. Been organized and established in the City for a minimum of three years continuously preceding the filing of the application for the permit; and c. Who meet regularly within the City; and d. Has submitted all required application information. (b) 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. (c) 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. (d) The decision of the City Council upon the application shall be final. ORANGEI.SRC122692.1 0 0 (e) The 23 permits issued for fireworks sales in July 2006 shall be deemed permits on the "established list." If in any subsequent year any permittee on the "established 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 "established 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. Sec. 30-133. Permittee compliance required. (a) 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. (b) 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. Sec. 30-134. Time, location restrictions. (a) 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. (b) 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). Sec. 30-135. Reserved. Sec. 30-136. Regulations on wholesalers; permits; stand removal and payment of regulatory fees. (a) 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: (1) Be made in writing, accompanied by a fee established by resolution of the City Council. 7 ORANGE\SRC22692.1 0 0 (2) Be submitted to the City only between the 1" day of April and the 30th day of April each calendar year. (3) 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. (4) Contain such other information as may be required by the business license officer. (5) Contain a statement that safe and sane fireworks shall not be fiunished, 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 ." (b) 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 pm. 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. (c) 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. Sec. 30-137 Penalties. (a) 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. (b) 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. (c) Citations issued pursuant to this article shall carry administrative fines of $250 and $500. (d) Violations of this article may also be cited as criminal misdemeanor violations in accordance with Chapter 1 of this code." ORANGDSR022692.1 0 SECTION 2. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one ore more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective. SECTION 3. This ordinance shall be in full force and effect thirty (30) days after its passage. SECTION 4. The City Clerk shall certify the adoption of this ordinance and shall cause the same to be posted as required by law. PASSED, APPROVED AND ADOPTED this 3`d day of January, 2005. Di e Chagnon, Mayor ATTEST: Vera Mendoza, City Clerk 61 9 ORANGE\SM22692.1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 06-01 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 19`s day of December, 2005, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 3rd day of January, 2006, by the following vote, to wit: AYES: COUNCILMEMBERS: CARRILLO, HARDONS, CHAGNON NOES: COUNCILMEMBERS: ROCHA, HANKS ABSENT: COUNCILMEMBERS: NONE Vera Mendoza City Clerk APPROVED AS TO FORM: IN :7f - Cil Attorney 10 0RANGDSRC122692.1