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HomeMy WebLinkAboutOrdinance No. 1013 ORDINANCE NO. 1013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA REPEALING PART 5 OF ARTICLE III OF THE AZUSA MUNICIPAL CODE, AND ADDING PART 5 TO ARTICLE III THEREOF, RELATING TO THE SALE AND DISCHARGE OF FIREWORKS. The City Council of the City of Azusa does ordain as follows : SECTION 1. Part 5 of Article III of the Azusa Municipal Code (consisting of Sections 3150 and 3159.1 inclusive) is hereby repealed. SECTION 2. Part 5 (consisting of Sections 3150 to 3157 inclusive ) is hereby added to Article III of the Azusa Municipal Code to Read: PART 5 - FIREWORKS SECTION 3150. FIREWORKS: LIMITATIONS ON SALE OR DISCHARGE. Except as provided for in this chapter, the sale, offering for sale or the discharge within the city of fireworks of any kind, nature or description and including those devices defined as fire- works in Section 12502 of the Health and Safety Code of the State of California, is prohibited. SECTION 3151. DISCHARGE OF FIRE WORKS. Annually on July 1, 2, 3 and 4+, and on July 5 if that day is a legal holiday, safe and sane fire works may be discharged within the city. As used in this part "safe and sane fireworks" includes only those fireworks that have been classified and registered as "safe and sane" by the State Fireworks Law and the ;tate Fire Marshal. SECTION 3152. PUBLIC DISPLAYS. Fireworks may be discharged at any celebration of a public or semi-public 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. SECTION 3153. SALE OF SAFE AND SANE FIREWORKS. Upon the receipt on or before April 1 of each year of a written application therefor the Fire Chief may issue a permit for the sale of safe and sane fireworks to any non-profit association or corporation organized primarily for veteran, patriotic, welfare, civic betterment or charitable purposes which: (a ) Has its principal and permanent meeting place in the City postal area. (b) Has been organized and established in the City postal area for a minimum of two years continuously preceding the filing of the application for the permit, and (c ) Has a bonafide membership of at least twenty members. -1- The Fire Chief shall either grant or deny the permit before May 1. If the application for the permit is denied, the applicant 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 . SECTION 3154. APPLICATION FOR PERMIT. Applications for a safe and sane fireworks sale permit shall be in writing and shall contain the following: a Name and address of applicant. b The applicant' s status as a non-profit organization. c The date upon which the applicant was organized and established. (d) The name and addresses of the officers, if any, of the applicant. (e ) The location where the applicant proposes to sell fireworks . (f ) The location of the applicant' s principal and permanent meeting place . (g) The applicant ' s State Board of Equalization Sales Tax Permit Number. (h) Assurance that if the permit is issued to applicant, applicant shall at the time of receipt of such permit, deliver to the City a copy of a $25/$50,000 public liability and a $5,000 property damage insurance policy issued to the applicant with a rider attached to the policy designating the City as an additional assured thereunder . SECTION 3155. TIME OF SALE. The permit shall authorize the sale of safe and sane fireworks beginning at noon on June 30 and ending at noon upon July 5 . If July 5th is a legal holiday the period of sale shall end at noon on July 6 of the year in which it is issued. 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 3156. REGULATIONS FOR 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 condition: (a ) Temporary fireworks stands need not comply with the provisions of the Building Code of the City; provided, how- ever, that all stands shall be erected under the supervision of the building inspector and shall be constructed in a manner which will reasonably insure the safety of attendants and patrons . -2- (b ) 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. (c ) 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. (d) No person shall be paid or receive any other consideration for selling or otherwise participating in the sale of fire- works at such stand. (e ) No person shall be allowed in the interior of the stands except those directly engaged in the sale of fireworks. (f ) 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 sixteen years of age shall be allowed inside the booth at any time. (g) "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. (h) 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. (i) No stand shall be erected before June 15th 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 noon of the 12th of July following. (j ) 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. (k) Each stand in excess of twenty feet in length shall have at least two exits; and each stand in excess of forty feet in length shall have at least three exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed twenty feet. (1) No stand shall be constructed with a depth of more than twelve feet. (m) No stand shall be placed closer than 20 feet to any other building. SECTION 3157. COMPLIANCE WITH PERMIT. If, in the opinion of the Fire Chief or the Building Inspector the construction of a temporary fireworks stand or the operation and maintenance of the same does not conform to the provisions of this Part, either officer may order that the stand be immediately closed. -3- If a permittee fails to comply with the provisions of this part or with the orders of the Fire Chief or Building Inspector that fact shall constitute sufficient grounds for the denial of any application by that organization for a permit to sell fireworks. SECTION 3. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. Passed and approved this 17th day of May , 1971. 1 ,-, - / / i,.. -x .rte/ > .,- PS_ < Mayor STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF AZUSA I, DEAN KLARR, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 1013 was regularly intro- duced and placed upon its first reading at a regular meeting of the City Council on the 3rd day of May , 1971. That, there- after, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 17th day of May , 1971, by the following vote, to wit : AYES : Councilmen: Rubio, Decker, Snyder, Clark, Solem NOES : Councilmen: None ABSENT: Councilmen: None City C 'erk APPROVED AS TO FORM: 91 ZA) i i , / City AttiO ney I do further certify that I caused said ordinance to be published prior to the expiration of fifteen days from the passage thereof in the Azusa Herald and Pomotropic, a newspaper of general circulation, printed, published and circulated in the City of Azusa, on the 26thday of May , 1971, and that the same was publishe-in accordance with law. City Cler: Publish Azusa Herald & Pomotropic, May 26, 1971 -4-