HomeMy WebLinkAbout1756
<
'/, . II.' ,.;..
,....-' . '. ,- ' . -
,--'
ORDINANCE NO. 1756
EFFECTIVE ;J- ~/- g2..
AN ORDINANCE OF THE CITY OF ARCADIA AMENDING ARCADIA
MUNICIPAL CODE SECTIONS 6424.2.1 AND 6424.2.5 MODIFY-
ING THE DATES FOR ACCEPTANCE OF FIREWORKS STAND PERMIT
APPLICATIONS AND THE NUMBER OF FIREWORKS STAND PERMITS ISSUABLE
THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. That the Arcadia Municipal Code is hereby amended
by amending Section 6424.2.1 thereof to read as follows:
"6424.2.1. TIME FOR FILING APPLICATIONS. Applications may
be filed with the License Officer no sooner than March 15 and no
later than April
calendar year."
SECTION 2.
amending Section
"6424.2.5.
30, for the Fourth of July period during the same
The Arcadia Municipal Code is hereby amended by
6424.2.5 thereof to read as follows:
SAME. ACTION ON PERMIT. The Council shall have
the absolute power, in its unlimited discretion, by a vote of the
majority of its members entered in its official minutes, to grant,
conditionally grant or deny the requested permit and to waive or
refund all or any part of the permit fee prescribed in Section
6424.2.4.
In making its determination, the City Council shall be
governed by the following:
A. No more than twelve (l2l permits shall be issued. The
City Council hereby finds that the granting of more than twelve
(12l permits would be injurious, detrimental or harmful to the
public peace, health, safety, morals or welfare of the City or its
inhabitants.
B. Priority shall first be given to non-profit, chartered
organizations whose purposes are for civic betterment, public
service, youth activities, veterans' affairs, service clubs and
religious organizations or any other charitable purpose with not less
than 20 members that have their principal and permanent meeting
place within the city of Arcadia and that have been organized and
operating within the City of Arcadia for not less than one year
-l-
l756
prior to filing the application, hereinafter referred to collec-
tively as "service organizations" then to all others, as hereinafter
referred to as "non-service organizations".
C. In the event the total number of timely filed applications
from service organizations exceed twelve (12) then one application
from each service organization shall be placed in a container or
other suitable device and the Fire Chief shall make his selection
by lot until twelve are selected for presentation to the City
Council. If a number less than twelve is selected, the Fire Chief
shall conduct another selection by lot for the remaining service
organization applications using the same procedure until the re-
maining number of unissued permits are issued. If there are no:
remaining timely filed service organization applications and the
total number of permits issued are still less than twelve and there
exists timely filed "non-service organization" applications, the
Fire Chief shall select non-service organization applications for
presentation to the City Council by following the same procedure for
selection by lot as heretobefore specified for service organization
applications until the City Council issues the remaining number of
unissued permits. If thereafter any of the permits issued remain
unused, the Fire Chief may consider one timely filed application from
each service organization and select by lot, using the procedure
heretofor specified and if any unissued permits still remain he may
consider one application from each non-service organization using the
procedure heretofor specified until the remaining number of unissued.
permits are issued.
D. No organization or person may receive more than nine per-
mits for nine fireworks stands during anyone calendar year.
Permits issued by the City Council are valid only during the calendar
issued. "
-2-
1756
.
SECTION 3. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is, for any reason, held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The City Council of the City
of Arcadia hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clause, phrase or portion thereof irrespective of the fact that
anyone or more sections, subsections, sentences, clauses, phrases or portions be
declared invalid or unconstitutional.
SECTION 4. Neither the adoption of this ordinance nor the repeal hereby of any
ordinance shall in any manner affect the prosecution for violation of ordinances,
which violations were committed prior to the effective date hereof, nor be construed
as affecting any of the provisions of such ordinance relating to the collection of any
such license or penalty or the penal provisions applicable to any violation thereof,
nor to affect the validity of any bond or cash deposit in lieu thereof, required to be
posted, filed or deposited pursuant to any ordinance and all rights and obligations
thereunder appertaining shall continue in full force and effect.
SECTION 5 The Clerk of the Council shall certify to the passage and adoption
of this ordinance and shall cause the same to be published in the official newspaper
of the City of Arcadia within fifteen (15) days after its adoption.
PASSED AND ADOPTED BY THE CITY COUNCIL of the City of Arcadia at its regular meet-
ing held on the 21st day of October, 1982.
SIGNED AND APPROVED this 21st day of October, 1982.
AITEST:
Q~ "
Mayor of t
of the City of Arcadia
I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of
the City Council of the City of Arcadia, California, held on the 21st day of
October, 1982 , by the affirmative vote of at least three Councilmen,
to wit:
AYES:
Councilmen Dring, Haltom, Hannah, Lojeski & Pellegrino
NOES:- .None
~. . -yo "'-:- '........
, ". ~ f4"";
/-::'4.~~~/...
.',ABSENT: None' I
....:I'~'..:..".. ~
//'~'
~<-:;,-,~ ~~.. ~
~ ....;.""" ~';._-:-::~:-;":-__'). r:____ N~
~~ ~t;:-,,:-::',.,~,..,~ 1'0"~
~ " ~ ~.~. -:. :. v-J City Clerk of the City of Arcadia
~~~~~:~~~~~
s~-:0
,,-.-....... A_-:-"-'
. \-'
-3- 1756
-. _._~-
. .. - ~ - ,"" ,-