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HomeMy WebLinkAboutOrdinance 04-O3 ORDINANCE NO. 04-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING ARTICLE IV OF CHAPTER 30 OF THE AZUSA MUNICIPAL CODE CONCERNING FIREWORKS REGULATIONS THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1.Chapter 30,Article IV,entitled Fireworks is hereby amended to read as follows: "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 fireworks means only those fireworks that have been classified and registered as safe and sane by the state fireworks law(Health and Safety Code§ 12500 et seq.)and the state fire marshal. 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 Health and Safety Code § 12511, is prohibited. Sec.30-103.Permitted discharge. (a)Except as otherwise provided in this article,annually on July 1,2,3 and 4,safe and sane fireworks may be discharged in the following areas within 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)Safe and sane fireworks shall not be discharged at any other time nor in any zone or area other than provided in this section. (c)Regardless of the zone in which a fireworks stand is located, safe and sane fireworks shall not be discharged within 100 yards of any such stand. (d)Notwithstanding the permitted zones where safe and sane fireworks may be discharged pursuant to subsection(a),no safe and sane fireworks may be discharged north of Sierra Madre Avenue as depicted on the "No Fireworks Zone"map on file in the City Clerk's Office.A copy of the map shall be posted at all permitted fireworks stands. The"No Fireworks Zone Map"referenced herein shall be adopted or amended by separate Resolution of the city council. 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. Temporary 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 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 1 official and shall be constructed in a manner that will reasonably ensure the safety of attendants and patrons. (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 14 years of age shall be allowed inside the booth 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.The discharge of fireworks within 100 yards of any fireworks stand is prohibited. (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 12:00 noon of July 12 following. (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 of 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 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 zones within the city where fireworks may be discharged. The police dep .''Anent shall distribute to each permittee on or before June 15 of each year 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. (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 2 and sane fireworks, on the condition that the retail seller of such fireworks shall sell or distribute such fireworks only from a fireworks stand location in which the provider has any interest,option or lease,or in any other manner to restrict the location of such fireworks stand. (19) Sales to persons under 18 years of age is prohibited. (20) No person shall discharge safe and sane fireworks on the property of another without consent. (21) Nothing in this chapter 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 chapter 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. Sec.30-106 Violation; Penalty Any person who discharges,sells,or operates a fireworks stand in violation of this chapter is guilty of a misdemeanor and subject to penalties as set forth in Section 1-10 Azusa Municipal Code. Secs.30-107--30-130.Reserved. DIVISION 2. SALE PERMIT Sec.30-131.Application. Applications for a 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. (6) The location of the applicant organizations principal and permanent meeting place. (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. (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. 3 Sec.30-132.Issuance. (a) Upon the receipt on or before April 1 of each year of a written application therefor, the City Administrator 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 which: (1) Supports youth programs solely for students of the Azusa Unified School District; or (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 Administrator 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. Sec.30-133. Permittee compliance required. (a) If, in the opinion of the City Administrator 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 June 30 and ending at 12:01 am July 5. (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." SECTION 2: This Ordinance shall be posted in accordance with provisions of the Azusa Municipal Code and shall become effective thirty(30)days from and after the date of its passage. SECTION 3: The City Clerk shall certify the adoption of this ordinance and shall cause the same to be published as required by law. : n, • 'PR�`O of P ADOPTED this 17th Day ofFEBRUARY, 2004. et CRISTINA CRUZ-MADRID,MAYOR 4 L STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF LOS ANGELES ) I,VERA MENDOZA,City Clerk of the City of Azusa,do hereby certify that the foregoing Ordinance No.04-03 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 2nd day of February,2004. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 17th day of FEBRUARY, 2004,by the following vote,to wit: AYES: COUNCIL MEMBERS:HARDISON, STANFORD,ROCHA,CHAGNON, MADRID NOES: COUNCIL MEMBERS:NONE ABSTAIN: COUNCIL MEMBERS:NONE ABSENT: COUNCIL MEMBERS:NONE Ale L/1 CITY CLERK APPROVED AS TO FORM: ,46auLe. 4vvitekv- CITY ATTORNEY 5