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HomeMy WebLinkAbout1746 ORDINANCE NO. l746 AN URGENCY ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY AMENDING DIVISION 4, PART 2, CHAPTER 4, ARTICLE VI THEREOF TO REGULATE THE SALE OF $AFE AND SANE FIREWORKS The City Council of the City of Arcadia does hereby find, determine and ordain as follows: SECTION 1. This ordinance is an ordinance necessary as an emergency measure for the immediate preservation of the public peace, health, safety and welfare of the people of the City of Arcadia and shall take effect immediately upon its adoption in accordance with Arcadia City Charter Section 415. Said emergency is based upon the following facts which we hereby find to be true and correct: The handling, sale and discharge of "safe and Sane Fireworks" are inherently hazardous not only to the individuals directly involved therein, but to all persons and property of the public generally; that the hazards have not only been officially recognized by State and local legislation, but are matters of common knowledge; and that the protection of the~publi~ health, safetv ,and welfare requires stringent regulation and restriction of the sale and discharge of Safe and Sane Fireworks prior to July 4, 1982 to even a greater extent than that heretofore enacted. SECTION 2. That Sections 6424.2, 6424.2.1, 6424.2.2 and 6424.2.5 of the Arcadia Municipal Code are hereby repealed. SECTION 3. That Section 6424 of the Arcadia Municipal Code is hereby amended to read as follows: "6424. DECLARATION OF POLICY. The Council hereby deter- mines that the handling, sale and discharge of "Safe and SanE Fireworks"and the conduct of public displays of fireworks are inherently hazardous not only to the individuals directly involved therein but also to the persons and property of the public generally; that the hazards have not only been officially recognized by State and local legislation but are matters of -- -1- 1746 common KnOW.Leoge; tnat tne protect~on OI tne pUD.L~C ned.!.Lfl, safety and welfare requires the stringent regulation and restric- tion of the sale and discharge of Safe and Sane Fireworks and the conduct of public fireworks displays to even a greater extent than that heretofore enacted; that fireworks dis~lays:are of historical significance not only in commemorating the steadfastness and determination of the forefathers of this country in declaring the independence of this nation from all outside governments, but also in honoring the valor and courage of those who shed their blood in the accom- plishment of such declaration. That it is therefore only fitting that public fireworks displays be conducted by and only by patriotic organizations whose membership comprises only those who have endangered their lives and offered their services in the continued defense of this nation and its ideals." SECTION 4. That Sections 6424.1, 6424.2, 6424.2.1, and 6421.2.2, 6424.2.6, 6424.2.7 and 6424.2.8 are hereby added to the Arcadia Municipal Code, Sections 6424.2.3 and 6424.2.4 are here- by re-enacted, and existing Section 6424.2.6 is hereby amended and renumbered as 6424.2.5 to read respectively as follows: "6424.1. SALE RESTRICTED. It shall be unlawful for any person firm or corporation to sell, permit or cause to be sold Safe and Sane Fireworks without first having obtained a permit in writing so to do from the City Council. "Safe and Sane Fireworks" as used in this Division shall have the meaning as defined in Division 11, Part 2 of the Health and Safety Code of the State of California and shall include only those Safe and Sane Fireworks approved and so labeled by the California State Fire Marshal. 6424.2. PERMITS. The City Council may, upon a written application for a permit to do so executed and filed in accordance with the provisions of Chapter 3 of Article VI of this Code, grant a permit to sell State Fire Marshal approved and labeled Safe and Sane Fireworks upon the conditions specified in this Division and the Arcadia Municipal Code. In addition to the -2- 1746 '. " information required in applications required by Arcadia Municipa1Code Sections 6311 et cet, applications shall contain such additional informa- tion on file with the License Officer as required by the Fire Chief, Chief Building Official, Planning Director and Police Chief. 6424.2.1. Time for Filing Applications. Applications must be filed with License Officer no later than 12:00 o'clock noon, June 9. 6424.2.2. Grounds for Denial. The City Council may deny any permit if it finds the granting of the permit will be injurious, detrimental or harmful to the public peace, health, safety morals or welfare of the City or inhabitants thereof. The action of the Council denying a permit shall be final. 6424.2.3. SAME. PERMIT APPLICATION. Upon the filing of an application for a permit to sell Safe and Sane Fireworks and prior to its submission to the Council for action thereon, the License Officer shall refer the same to the Fire Chief, Chief Building Official and Chief of Police for their reports and recom- mendations thereon. 6424.2.4. SAME. PERMIT FEE. Every such application shall be accompanied by One Hundred and Seventy-Five dollars ($175.00) as a permit fee for the issuance of such a permit. The City Council finds and determines that said fee is reasonable and necessary and will not exceed the estimated amount required to process permit applications and to enforce the requirements of this Division and the Arcadia Municipal Code pertaining to the sale of Safe and Sane Fireworks. 6424.2.5. 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 fo110winq: -3- 1746 peace, health, safety, morals or welfare of the City or its inhabitants. 2. 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 prior to filing the application, then to all others. 3. In the event the number of new applications exceed the number of permits to be issued, the determination to grant an unused permit. shall be made by lot conducted by the Fire Chief in public. 4. No organization or person may receive more than nine permits for nine fireworks stands during anyone calendar year. Permits is- sued by the City Council are valid only during the Calendar year issued. 6424.2.6. SAME. INSURANCE REQUIRED. At the time the permit is issued, the permit holder shall be required to deliver to the City Clerk's Office a certificate of insurance naming the City of Arcadia, its officers, employees and agents as additional insured in the following amounts. 1. Comprehensive General Public Liability (a) Bodily injury liability in the amount of $500,000 for each person in anyone occurence and $1,000,000 for injuries sustained by two or morE persons in anyone occurence. (b) Property damage liability in the amount of $500,000 for each occurence and $1,000,000 aggregate. 2. Workers Compensation Insurance as required by State Law. 6424.2.7. SAME. OPERATION OF FIREWORKS STANDS. 1. All retain sales of Safe and Sane Fireworks shall be permitted only from a temporary fireworks stand and sales from -4- 1746 Exception: By a vote of 3/5 ,of the membership of the City Council, the City Council 'may authorize the sale of Safe and Sane Fireworks on property zoned R-3 where it abuts commercially zoned property. For the purpose of this Section only R-3 zoned property is deemed to abut commercially zoned property when they are separated by a street or alley. Any such sales shall otherwise be conducted in compliance with the Arcadia Municipal Code and any requirements of the Building and Planning Divisions. 3. No fireworks stand shall be located within 25 feet of any other building nor within 100 feet of any gaSOline pump. 4. Fireworks stands need not comply with the provisions of the Building Code of City, provided, however, that all stands shall be erected under the supervision of the Chief Building Official, who shall require that stands be constructed in a manner that will reasonably insure the safety of attendants and patrons. 5. No stand shall have a floor area in excess of 300 square feet. 6. Each stand must have at least two (2) exits. Exit doors must sw~ng in the direction of egress and shall comply with subsections (C) and (D) of Section 3303 of the Uniform Building Code. 7. No stand shall be constructed which has a depth of more than twelve (l2) feet. 8. The front of all fireworks stands shall be completely enclosed from the counter to the roof with hardware wire cloth, the opening of which shall not exceed one-quarter (1/4) inch in size: except for opening to permit delivery of merchandise to the prospective customer, which openings shall not be larger than twelve (12) inches by eighteen (18) inches in size. 9. "No Smoking" signs shall be prominently displayed on the interior and exterior of the fireworks stand. 10. All weeds and combustible material shall be cleared from the location of the stand including a distance of at least 20 feet surrounding the stand. -5- 1746 0:1: :I:~re. 12. All unsold stock and accompanying litter shall be removed from the location by 5:00 o'clock p.m. on the 6th day of July. 13. The fireworks stand shall be removed from the temporary location by 12:00 noon on the lBth day of July, and all accompany- ing litter shall be cleared from said location by said time and date. 14. No person not in possession of a valid permit shall operate the stand for which the permit is issued or share or otherwise participate in the profits of the operation of such stand. 15. No person other than the individuals who are members of the permit holder's organization, or the wives or husbands or adult children of such members, shall sell or otherwise partici- pate in the sale of Safe and Sane Fireworks at such stand. l6. No person shall be paid consideration for selling or otherwise participating in the sale of Safe and Sane Fireworks at such stand except that a night watchman may be hired and paid consideration. 17. It shall be unlawful to knowingly sell Safe and Sane Fireworks to any person under Ih years old. ~roof that the stand operator, or his employee or agent, demanded, was shown, and acted in reliance upon bona fide evidence of age and identity in any sale forbidden by this subsection shall be a defense to any criminal proceeding for the violation of this section. For purposes of this section, bona fide evidence of age and identity of a purchaser is a document issued by a federal, state, county or municipal government which contains a photograph of the purchaser including, but not limited to, a valid California Driver's License or an identification card issued to a member of the Armed Forces. 18. Each stand must have an adult in attendance and in charge thereof while Safe and Sane Fireworks are stored therein. 19. No persons shall be allowed in the interior of the stands except those directly employed in the sale o! Safe and Sane Fireworks. -6- 1746 20. All persons engaged in the selling of Safe and Sane Fireworks shall be eighteen (18) years of age or older. 21. Safe and Sane Fireworks shall be sold only upon the first, second, third and fourth days of July of the year for which such permit is granted; provided that if the fourth of July in such year falls on Sunday, then Safe and Sane Fireworks may be sold also on July 5 of such year. 2,2. Stands shall open no earlier than 10:00 a.m. and shall close no later than 10:00 p.m., provided that on July 4 only, stands shall close no later than 8:00 p.m. 23. Organizations permitted to sell Safe and Sane Fireworks are required to obtain a temporary sales tax permit from the Regional Office of the State Board of Equalization. 24. The permit to sell Safe and Sane Fireworks and the temporary sales tax permit shall be displayed in a prominent place in the fireworks stand. 25. Permit holder shall furnish upon request any and all information relating to its operation which is deemed necessary by the Fire Chief. 6424.2.8. COMPLIANCE. Those holding permits under this .Division shall comply with the terms and conditions of any permit granted to them, the provisions of this Division, and all applicable laws of the State of California and the City of Arcadia, and all lawful orders of the Fire Chief, Police Chief and Chief Building Official. The Fire Chief may summarily revoke any permit granted pursuant to this Division for failure to comply with the requirements of this section." -7- 1746 of the requirements of this ordinance. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under any provision of this ordinance shall be punishable by a fine of not more than Five Hundred Dollars, or by imprisonment in the City Jailor County Jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any pro- vision of the ordinance is committed, continued, or permitted by such person and shall be punishable accordingly. SECTION 6. In addition to the penalties provided in the preceding section, any condition caused or permitted to exist in violation of any of the provisions of this ordinance shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. SECTION 7. 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 8. 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 9. 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 as an urgency ordinance at its regular meeting held on the 18th day of M,ay, 1982. SIGNED AND APPROVED THIS 18th day of May, 1982. 1?;d:,1?Jfi:~:;iiO -8- 1746 ATTEST: ~;;~,~ ~ City Clerk of the C~ty of Arca ~a 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 18th day of May, 1982, by the affirmative vote of at lease four Councilmen, to wit: AYES: Councilmen Dring, Haltom, Hannah, Lojeski & Pellegrino NOES: None ABSENT: None ~~~ C~ty Clerk of the City of Arcadia -9- 1746 PASSED ,\),1) ADOPTED by the City Council of the City of Arcadia as n reGUlar ordinance at its regular meeting held on the 1st day of June, 10982. SIGNED A~D ADOPTED this 1st. day of June, 1982.. <- de) of Arcadia ATTEST: I REREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, California, held on the 1st day of June, 1982 , by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Dring, Haltom, Hannah, Lojeski & Pellegrino NOES: None ABSENT: None ~~~~~e Arcadia ~ -10- 1746