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HomeMy WebLinkAboutOrdinance No. 618 1� { \OORDINANCE NO. 618 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA RELATING TO THE SALE AND DISCHARGE OF FIREWORKS. The City Council of the City of Azusa does ordain as follows : SECTION 1. Notwithstanding the provisions of Ordinance No. 613, adopted on the 5th day of October, 1959, and the Fire Code referred to therein, safe and sane fireworks may be sold and discharged within the City of Azusa during the period beginning at 12:00 o'clock noon on the 30th day of June and ending at 12:00 o'clock noon on the 5th day of July of each year pursuant to the provisions of this ordi- nance and not otherwise. SECTION 2. No fireworks shall be sold or offered for sale or discharged within the City which are classified as dangerous fireworks as that term is defined by the Health and Safety Code of the State of California. Safe and sane fireworks shall include only those fireworks that have been classified and registered as "safe and sane" by the State Fire Marshal. SECTION 3. No person shall sell fireworks within the City without first having applied for and received a permit therefor in compliance with the terms of this ordinance. SECTION 4. Upon receipt of written application for a per- mit pursuant to this ordinance, the Chief of the Fire Department shall make an investigation and if he finds that the proposed sale of fire- works will not violate any law or ordinance or endanger the public safety, he shall issue such permit in writing. Otherwise he shall refuse to issue such permit. Any person aggrieved by the refusal of the Chief of the Fire Department to issue such permit may, within ten days after such refusal, appeal in writing to the City Council, and in such case the City Council may issue or refuse such permit. Any such permit may be issued subject to any reasonable conditions and restrictions, and such conditions and restrictions shall be complied with. SECTION 5. No permit shall be issued to any person except non-profit associations or corporations organized primarily for veteran, patriotic, welfare, civic betterment or charitable purposes. Each such organization must have its principal and permanent meeting place in the City of Azusa postal area and must have been organized and established in the City of Azusa postal area for a minimum of two years continuously preceding the filing of the application for the per- mit and must have a bonafide membership of at least twenty members . SECTION 6. Applications for such a permit : (a) Shall be made in writing. (b) Shall be filed with the Chief of the Fire Department on or prior to April _1 of each year. (c) Shall set forth the proposed location of any and all fireworks stands applied for. (d) Shall be accompanied by an assurance that if the per- mit is issued to applicant, applicant shall, at the time of receipt of such permit, deliver to the City a $25/$50,000 public liability and a $5,000 property damage insurance policy, with a rider attached to the -1- e } policy designating the City as an additional assured thereunder. Applicants for any such permit shall be notified by the Chief of the Fire Department or City Clerk of the granting or rejection of their application for permit on or before the first of May of each calendar year. SECTION 7. Each such application shall show the following: (a) Name and address of applicant. (b) The applicant 's status as a non-profit organization. (c) The name and addresses of the officers, if any, of the applicant. (d) The location where the applicant will sell fireworks. (e) When the applicant was organized and established. (f) The location of the applicant 's principal and permanent meeting place. (g) The applicant 's State Board of Equalization Sales Tax Permit Number. SECTION 8. The following regulations shall be complied with in the operation of fireworks stands : (a) No person other than the licensee organization shall operate the stand for which the license is issued, or share or other- wise participate in the profits of the operation of such stand. (b) No person other than the individuals who are members of the licensee organization, or the spouses or adult children of such members, shall sell or otherwise participate in the sale of fireworks at such stand. (c) No person shall be paid consideration for selling or otherwise participating in the sale of fireworks at such stand. (d) Each person, group or organization shall be limited to one permit per year and each permit shall be limited to one stand. SECTION 9. All retail sales of "safe and sane" fireworks shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is hereby prohibited. Such temporary stands shall be subject to the following provisions: (a) Fireworks stands need not comply with the provisions of the Building Code of the City; provided, however, that all stands shall be erected under the supervision of the inspector who shall require that stands be constructed in a manner which will reasonably insure the safety of attendants and patrons. (b) If, in the judgment of the Chief of the Fire Department or the inspector, the construction of the stands or the conduct of the operators therein do not conform to the provisions of this ordinance, such officers, or either of them, may order the stands immediately closed. (c) No person shall be allowed in the interior of the stands except those directly employed in the sale of fireworks. (d) There shall be at least one supervisor, twenty-one years of age or older, on duty at all times. No person under sixteen years of age shall be allowed inside the booth at any time. -2- (e) No fireworks shall remain unattended at any time regardless of whether the fireworks stand is open for business or not. (f) No stand shall be placed closer than twenty feet to any other building. (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 location of the stand. No rubbish shall be allowed to accumu- late 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 premises on which the stand is erected shall be cleared of all structures and debris, not later than noon of the 12th of July following. (j) All stands must be equipped with at least one fire extinguisher for each exit in the stand, which fire extinguishers must be approved as to efficiency and safety by the Chief of the Fire Depart- ment . (k) Each stand in excess of twenty feet in length must have at least two exits; and each stand in excess of forty feet in length must 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. SECTION 10. Ordinance No. 537, passed and approved the 14th day of May, 1957, is hereby repealed. SECTION 11. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars or by imprisonment in the City Jail or County Jail of Los Angeles County for a period of not more than six months or by both such fine and imprisonment. SECTION 12. The City Clerk shall certify to the passage of this ordinance and shall publish the same as required by law. Passed and approved this 7th day of December , 1959. 4-- May. STATE OF CALIFORNIA COUNTY OF LOS ANGRTRS SS. CITY OF AZUSA I, JAMES MILLER, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 618 was regularly intro- duced and placed upon its first reading at an adjourned meeting of the City Council on the 1tb. day of November, 1959. That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 7th day of December , 1959, by the following vote, to-wit : AYES: Councilmen: Paul, Ortuno, Johnson, Teasley, Memmesheimer NOES: Councilmen: None ABSENT:Councilmen: None L -3- City Clerk 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 14th day of December , 1959, and that the same was published in accordance with law. ` 444, -.. City Clerk -4-