HomeMy WebLinkAbout145ORDINANCE NO. 145
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF IRWINDALE ADDING SECTIONS 6330 THROUGH 6338
TO THE IRWINDALE MUNICIPAL CODE, RELATING TO
FIREWORKS PERMITS; AND DECLARING THE URGENCY
HEREOF.
THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN
AS FOLLOWS:
SECTION 1. That Sections 6330 through and including 6338 are hereby
added to the Irwindale Municipal Code to read respectively as follows:
PART 4 - FIREWORKS
6330. DEFINITIONS. The following words and phrases, as used in this
Part, shall be defined as follows:
(a) "Dangerous Fireworks". Dangerous fireworks shall be defined as
set forth in Section 12503 of the Health and Safety Code of the State of Calif6rnia.
(b) "Fireworks". Fireworks shall be defined as set forth in Section 12502
of the said Health and Safety Code.
(c) "Fireworks Stands". Fireworks stands shall mean temporary
structures to be used exclusively for the sale of safe and sane fireworks
operated by qualified organizations having a permit issued pursuant to this Part.
(d) "Organization". Organization shall mean any non-profit organization,
corporation, or association, organized primarily for veteran, patriotic, welfare,
civic betterment, religious or charitable purposes, which has its principal and
permanent meeting place, office, or place of worship within the City, and shall
have been organized and established in said City for a minimum period of one
year, continuously, preceding the filing of an application for permit under this
Part.
(e) "Permit". Permit shall mean a validly issued permit allowing a
qualified organization to conduct the sale, to the members of the general public,
of safe and sane fireworks.
(f) "Safe and Sane Fireworks". Safe and sane fireworks shall be defined
as set forth in Section 12504 of the said Health and Safety Code.
6331. DANGEROUS FIREWORKS PROHIBITED. No person shall sell, offer
to sell, or have in his possession, any dangerous fireworks within the City.
6332. SAFE AND SANE FIREWORKS. SALE OF . No person shall sell
or offer to sell any safe and sane fireworks, without first obtaining a permit
therefor in the manner hereinafter set forth in this Part.
6333. SAME. APPLICATION FOR PERMITS. Applications for permits
shall be accepted only from qualified organizations, as described in Section 6330
hereof, and shall be in writing, upon the form prescribed therefor by the License
and Zoning Inspector of the City. Said {application shall be submitted; to the
License and Zoning Inspector on or before the 15th of June for the year 1964, and
before the first day of June of each calendar year thereafter. Said application
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shall contain the following information:
(a) The exact location of the stand, as proposed, together with the
written permission of the owner of the property if the property is not owned by
the applicant.
(b) The name and location of the principal place of `business of the
organization and the principals thereof; and
(c) Such other information as may be required by the License and Zoning
Inspector.
6334. SAME. DEPOSIT. Each application shall be accompanied by a
deposit of a cashier's check, or cash, in the amount of $50. 00. Said deposit
may be refunded as set forth in Section 6335.Q.
6335. OPERATION OF STAND. All permitted firework stands shall be
operated in accordance with the following terms and conditions.
(a) No person other than the licensed organization shall operate the
stand for which the permit is issued; and
(b) No person other than individuals who are members of the licensed
organization shall participate in the operation of the stand, nor shall any
person under the age of eighteen (18)years participate in the operation
of such stand; and
(c) No person shall be paid any compensation for selling or otherwise
participating in the sale of fireworks a such stand; and
(d) No stand shall be located within 25 feet of any other building or
within 100 feet of any gasoline service station, or other use which involves
the use or storage of any inflammable liquid or material; and
(e) Fireworks stands need not comply with the provisions of the Building
Code of the City, provided that all such stands shall be erected under the
supervision of the Building Inspector who shall require that the same be
constructed in a manner which will reasonably insure the safety of the attendants
and patrons thereof; and
(f) No stand shall have a floor area in excess of 250 number of square
feet; and
(g) Each stand shall have at least two usable exits; each stand in excess of
40 feet in length shall have at least three usable exits. In no case shall the
distance between exits exceed 20 feet; and
(h) Fireworks stands shall be provided with two fire extinguiskiers of a
type and size approved by the Fire Chief; and
(i) Fireworks stands shall be located not less than 500 feet apart; and
(j) All weeds and other combustible material shall be cleared from the
location of the stand, including a distance of at least 25 feet surrounding
the stand; and
(k) "NO SMOKING" signs shall be prominently displayed on the exterior
of each fireworks stand; and
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(1) Fireworks shall not be sold prior to 12:00 o'clock noon on the 28th
day of June and such sale shall cease at 12:00 o'clock noon on the 6th day of
July each calendar year.; and
(m) All unsold stock and accompanying litter shall be removed from the
stand and from the City. limits by 12:00 o'clock noon on the 6th day of July
of each calendar year; and
(n) Each fireworks stand shall be removed from its temporary location
no later than 12:00 o'clock noon on the 12th day of July of each calendar
year, and all accompanying litter shall be cleared from the said location by
the said time and date.
(o) To insure compliance with subparagraphs (m) and (n) hereof, prior
to the issuance of any permit, the applicant shall deposit a cashier's check,
or cash, with the License and Zoning Inspector, in the amount of $50. 00, as
set forth in Section 6334 above. Upon the certification of the Chief of Police
that compliance has been had with subparagraphs (m) and (n), said deposit
shall be returned to the applicant.
6336. SMOKING NEAR STANDS. No person shall light or cause to be
lighted or permit to be lighted any fireworks or other combustible material,
nor shall any person smoke within such stand or other places of sale or
within 25 feet thereof.
6337. SAME. INSURANCE. Prior to the issuance of any fireworks
stand permit, the applicant shall file with the License and Zoning Inspector
a policy of liability insurance in minimum coverage amounts of $50, 000 (PL)
and $10400(0 (PD), or a certificate of insurance. Said policy shall name
the City of Irwindale as a co -assured.
6338. SAME. APPROVAL. DENIAL. SUSPENSION.
(a) All applications for fireworks stands shall be referred to the City
Council for approval, conditional approval or denial. The City Council
shall deny any fireworks stand permit, if it finds that the public interest or
safety is, or would be, jeopardized by the issuance thereof. The decision of
the Council shall, in all cases, be final and conclusive.
(b) The Chief of Police shall revoke any permit where he finds that the
permittee has violated any condition of approval imposed upon such permit,
or any provision of law.
SECTION 2. That this Ordinance is hereby declared to be an urgency
Ordinance, and shall take effect immediately upon its adoption. A statement
of facts constituting its urgency, is as follows:
(a) That the existing regulations, pelating to fireworks stands, are not
sufficient from a safety standpoint; and
(b) That the regulations herein contained are necessary to protect the
public peace, safety and general welfare.
SECTION 3. That the City Clerk shall certify to the adoption of this
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Ordinance, and cause the same to be published in the imanner prescribed
by law.
Adopted this 1st day of June, 1964.
ATTEST: 3
DeputyCity Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss.
CITY OF IRWINDALE )
I, MARGARET S. BARBOSA, Deputy City Clerk of the City of Irwindale
do hereby certify that the foregoing Ordinance No. 145 was regularly
introduced, adopted and passed at a regular meeting of the City Council
on the 1st day of June, 1964, by the following vote:
AYES: Councilmen: Breceda, Martinez, Sulzer and Mayor Diaz.
NOES: Councilmen: None
ABSENT: Councilmen: None
Deputy, ity Clerk of the City
of Irw ndale, California.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss.
CITY OF IRWINDALE )
MARGARET S. BARBOSA, being first duly sworn, deposes and says:
That she is the duly appointed, acting Deputy City Clerk of the City of Irwindale,
California, and is and was at all times herein mentioned a citizen of the United
States over the age of eighteen (18) years and competent to be a witness herein.
On June 2, 1964, she securely and conspicuously posted at each of the
public places in said city, to -wit:
1. 16034 Calle de Norte;
2. Post Office on Irwindale Avenue; and
3. At or near the door of the Council Chambers,
5050 North Irwindale Avenue,
a copy of Ordinance No. 145 of the City of Irwindale, being in all respects the
same as that attached hereto and made a part hereof.
Dated: June 2, 1964.
i
DepPy City Clerk
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