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HomeMy WebLinkAbout1856 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6424.2.1, 6424.2.2, 6424.2.3, 6424.2.4, 6424.2.5, 6424.2.6 and 6424.2.7 of the Arcadia Municipal Code shall be deemed repealed and of no further force and effect.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: -1- 1856 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 -2- 1856 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. -3- 1856 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 -4- 1856 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 ~~~h~?{~ -5- 1856