HomeMy WebLinkAboutOrdinance No. 98-O2 ORDINANCE NO. 98-02
AN URGENCY ORDINANCE OF THE CITY OF AZUSA,
CALIFORNIA AMENDING ARTICLE IV OF CHAPTER 30 OF
THE AZUSA MUNICIPAL CODE CONCERNING FIREWORKS
REGULATIONS
WHEREAS,the City Council has determined that it is necessary to amend provisions of
the Azusa Municipal Code pertaining to the retail sale of safe and sane fireworks in order to reduce the risk
of fires and fire related injuries; and
WHEREAS,amending the Azusa Municipal Code will serve,in part,to prohibit the retail
sale of safe and sane fireworks in areas where the risk of fire hazards are more prevalent such as
mountainous areas, vacant and unimproved lots, or areas adjacent to gasoline pumps; and
WHEREAS, the Azusa Municipal Code requires organizations that desire to sale
fireworks within the City limits to submit an application for a safe and sane fireworks sale permit
(a"permit")to the City Administrator or his/her designee by April 1st of each year; and
WHEREAS, applications for a permit must contain the location where the applicant
organization proposes to sell fireworks; and
WHEREAS,the amendments to the Azusa Municipal Code affect the locations where safe
and sane fireworks may be sold; and
WHEREAS,the Azusa Municipal Code sets forth various requirements pertaining to 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
WHEREAS,the City of Azusa has already received numerous application requests for
permits for the current year; and
WHEREAS, the Azusa Municipal Code requires the City Administrator and his/her
designee to grant a sale permit to the first twenty-three(23)applicants that comply with the application
requirements as set forth in the Azusa Municipal Code; and
WHEREAS,the City Council desires that the provision of the Azusa Municipal Code as
amended by this Urgency Ordinance, which are intended to reduce the risk of fire hazards, be made
applicable to the organizations submitting applications for a permit for the current year, and
WHEREAS, it is necessary for the amendments to the Azusa Municipal Code, as
provided herein,to take effect immediately so that the requirements,as set forth in the amendments,apply
to organizations applying for a permit for the current year;
WHEREAS,immediate amendment of the provisions pertaining to the retail sale of safe
and sane fireworks will be in the interest of the public health,safety and general welfare and will help to
attain the foregoing objectives and to diminish the risk of fire hazards and fire related injuries in the City
of Azusa,while still preserving the rights of organizations to engage in the retail sale of safe and sane
fireworks; and
WHEREAS,California Government Code Section 36937 authorizes the City Council to
adopt,by a four-fifths vote,an urgency ordinance which is necessary for the immediate preservation of the
public peace, health or safety;
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:
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"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 and on July 5,if that
day is a legal holiday, 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.
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 fire chief or 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
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.
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(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 chief of 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 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 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 advertizing 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 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.
Secs.30-106--30-130. Reserved.
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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 organization's 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 ofthe 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 owner's
mailing address and telephone number.
(6) The location of the applicant organization's principal and permanent meeting place.
(7) The applicant organization's 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.
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
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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 ofthe 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 12:00 noon upon July 5.If July 5 is a legal holiday the period of
sale shall end at 12:00 noon on July 6 of the year in which it is issued.
(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. That the passage of this Urgency Ordinance is necessary in order to
preserve the public peace,health and safety for the reasons set forth in the Recitals hereto.
SECTION 3. This urgency Ordinance shall take effect immediately upon its adoption.
SECTION 4. This urgency ordinance was adopted by the necessary four-fifths vote of
the members of the City Council pursuant to Government Code Sections 36934 and 36937. A summary
of this Ordinance shall be published in the manner required by law.
PASSED, APPROVED AND ADOPTED o. his-2nd day of February, 1998.
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF AZUSA )
I, ADOLPH A SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing
Ordinance 98-02,was duly introduced and adopted as an urgency ordinance at a regular meeting of the
City Council on the 2nd day of February, 1998, by the following vote,to wit:
AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA,MADRID
NOES: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: BEEBE
ABSENT: COUNCILMEMBERS: NONE
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ADO 'H SOLIS, CITY CLERK
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