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ORDINANCE NO. 1856
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, TO BE OPERATIVE ON JULY
5, 1987 AMENDING THE ARCADIA MUNICIPAL CODE
BY REPEALING SECTIONS 3115.2.7, 3115.2.6,
6424.1, 6424.2, 6424.2.1, 6424.2.2, 6424.2.3,
64 2 4 . 2 . 4 , 64 2 4 . 2 . 5 , 6424 . 2 . 6 AND 6424 . 2 . 7 ,
AMENDING SECTION 3115.2.6 BY ADDING NEW
SECTIONS 3115.2.6(a) AND 3115.2.6(bJ TO
PROHIBIT THE USE, DISCHARGE, SALE, POSSESSION,
STORAGE AND MANUFACTURE OF FIREWORKS, EXCEPT
PUBLIC FIREWORKS DISPLAYS REGULATED BY THE FIRE
CHIEF
WHEREAS, the City Council of the City of Arcadia has
expressed serious concerns with regard to the negative effects of
fireworks in relation to fire prevention and fire suppression;
and
WHEREAS, the City of Arcadia has taken various steps through
code amendments and fire prevention programs to assure a fire
safe community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND AND ORDAIN AS FOLLOWS:
SECTION 1.
That effective July 5, 1987 Sections 3115.2.7,
3115.2.6 6424.1, 6424.2, 6424.2.1, 6424.2.2, 6424.2.3, 6424.2.4,
6424.2.5, 6424.2.6 and 6424.2.7 of the Arcadia Municipal Code
shall be deemed repealed and of no further force and effect.
SECTION 2. That the Arcadia Municipal Code shall hereby be
amended by adding a new Section 3115.2.6 (a) and 3115.2.6(b) to
read as follows:
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3115.2.6(a). FIREWORKS. USE AND DISCHARGE PROHIBITED. As
of July 5, 1987 no person shall use, light, fire, discharge,
explode or set off any fireworks as defined in the Arcadia
Municipal Code by the Arcadia City Council by ordinance from time
to time.
3ll5.2.6(b) .
FIREWORKS.
PROHIBITED.
From and after July
5, 1987 no person shall sell, display for sale, possess, store,
or manufacture any fireworks as defined in the Arcadia Municipal
Code by the Arcadia City Council by ordinance from time to time
as of July 5, 1987. As of July 5, 1987 no permit process shall
be effective with regard to use or distribution of fireworks
including so-called "safe and sane" fireworks anywhere in the
City.
SECTION 3. That the Arcadia Municipal Code shall hereby be
amended by adding a new Section 3115.2.6(c) to read as follows:
3115.2.6(c). FIREWORKS DEFINED. For purpose of definition,
the term Fireworks wherever it appears in the Arcadia Municipal
Code and every prohibition thereof shall refer to fireworks as
defined in Title 19, Section 980(F) (2) under the heading of
State Fire Marshal of the California State Administrative Code
and those items and related devices as set forth in California
Health and Safety Code Section 12505, and shall include so-called
"safe and sane" fireworks.
SECTION 4.
No person shall violate any provision, or fail
to comply with any 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
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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 ($500.00), or by
imprisonment in the City Jail or County Jail for a period not
exceeding six (6) 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
provision of the ordinance is committed, continued, or permitted
by such pe~son shall be punishable accordingly.
SECTION 5. In addition to the penal ties 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 6. 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.
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SECTION 7.
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 prlor 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 ln 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 8.
The City Clerk shall certify to the adoption of
this ordinance and shall cause a copy of the same to be published
in the official newspaper of the City of Arcadia within fifteen
(15) days after its adoption.
Passed, approved and adopted this 21St day of April 1 1987.
r~
Mayor of the City of Arcadia
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF ARCADIA
I, CHRISTINE VAN MAANEN, City Clerk of the City of Arcadia,
hereby certify that the foregoing Ordinance No. 1856 was passed
and adopted by the City Council of the City of Arcadia, signed by
the Mayor and attested to by the City Clerk at a regular meeting
of said Council held on the 21st day of April
, 1987, and
that said Ordinance was adopted by the following vote, to wit:
AYES: Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young
NOES: None
ABSENT: None
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