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HomeMy WebLinkAbout0907 ----- ORDINANCE NO. 907 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 2, 3 AND 5 OF ORDI- NANCE NO,. 428 OF SAID CITY, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES DETERMINE AND ORDAIN AS FOLLOiIS: SECTION 1. That the handling, sale and discharge of fireworks and the conduct of public displays of fireworks are in- 1 herently hazardous, not only to the individuals directly involved therein, but a~so to the persons and property of the public gener- ally. That such hazards have not only been officially recognized by state and local legislation, but are matters of common knowl- 'I , edge. That the protection of the public health, safety and wel- fare requires the stringent regulation and restriction on the sale and discharge of fireworks and the conduct of public fireworks displays to even a greater extent than that heretofore enacted. " That the use of firework~ and fireworks displays is of historical signific~nce, 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 accomplishment of such declaration. It is therefore only fit- ting that public fireworks displays be conducted by and only by patriotic organization~ ,whose members~p co~ri~es only those who have endangered their lives and offered their services in the con- , tinued defense of this nation and its ideals, and that the conduct of fireworks displays by such organizations be encouraged by re- stricting the sale of fireworks to such organizations to enable them to conduct public fireworks displays. SECTION 2. That Sections 2, 3 and 5 of Ordinance No. 428 - 1 - ~ 907 ----- ! ,; of the City of Arcadia, entitied 'uAN ORDINANCE OF THE CITY COUNCIL I;' " OF 1~ CITY OP ARCADIA'REGULATING THE DISCHARGE, US~ AND SALE OF , . t ' . , ~ I FIRE'~iORKS TIT' SAID CITY, AND REPEALING ORDDlANCE NO. 221 OF SAID CITY, AND ALL ACTS AMENDATORY THERETO", passed, approved and adopted February 27, 1940" be and the same are hereby amended to read respectively as follows: SECTION 2. No person, firm, corporation, association or organization, other than a post, chapter or local unit of any duly constituted and nationally chartered organization of United States War veterans as hereinafter described and limited, shall make or conduct any public display of fireworks in the City of Arcadia. Any post, chapter or local unit of any duly constituted and nation- ,I ally chartered organization of United States War veterans, which has heretofore or hereafter may be granted a charter to a post, chapter, or local unit territorily limited to and situated exclu- sively within the City of Arcadia, may be granted a permit by the Ci~y Council to n~ke and conduct a public fireworks display, up,on application for such a permit in the manner provided in Ordinence No. 737 of the City of Arcadia, as amended. Such an application shall, upon its filing and prior to its submission to the City Council for action there,oh, be submitted to the Chief of the Fire Department of the City of Arcadia for his report and recommendation thereon. No such permit shall be granted to any such organization unless it shall'have actively maintained its local chapter, post or uni t within the City of Arcadia for a period of three consecutive years next preceding the filing of such applicat ion, and the City Council shall have the absolute power in its unlimited discretion, by a vote of the majority of its members entered upon its official minutes, to grant or deny the requested permit. Any public fire- works display thus authorized shall be conducted at the time, at the place, and strictly in accordance with all regulations and condi- , . '" ' .., tions specified in the act~on of j;he City CoUncil granting such per- mit. - 2 - 907 ..... ..... ....~Q- works in the City of Arcadia, north of Elkins Avenue or north of Foothill Boulevard east of the westerly bank of the Santa Anita Wash. The public may, 'with the consent of 'the owner or occupant thereof, on private prop- .,. erty improved with a dwelling and inhabited by human beings, use and dis- charge such fireworks as are permitted by the laws of the State of Cali- fornia,on the ~th day of July o~ each year and upon, the 5th day of July of each year in'whichthe 4~h day of Juiy falls on Sunday, in the City of , Arcadia north of Foothill'Boulevard, south of Elkins Avenue and west of , . . " """. . the westerly bank of the Santa Anita Wash. Elsewhere in the City of Arcadia, the public generally may use and discharge such fireworks as are permitted by the laws of the State of California on the 4th day of July of each year and upon the 5~h day of July of each year in which the 4th day of July falls on Sunday. SECTION 5, It shall be unlawful for any person, firm or cor- poration to sell, or cause or permit to be sold, fireworks of any kind within the City of Arcadia except as hereinafter provided. The City Council may, upon the written application for a ~rmit so to do, executed and filed in accordance with the provisions of 'Ordinance No. 737 of the I,: City of Arcadia, as amended, grant to any post, chapter or any local unit of any duly constituted and nationally chartered organization of United States War veterans, which has heretofore or hereafter may be granted a charter to a post, chapter~' o~ local unit territ9rily limited to and situated exclusively within' the City of Arca41a, a 12 rmit to sell in the City of Arcadia such fireworks a~ are permitted by the Health and Safety Code of the State of California, upon the following ccnditions: " 1. All individuals employed or rendering services to effect such sale of fireworks shall be members in good standing of the organization to which such permit was granted, or members in good standing of an offi- cially recognized and legally constituted auXiliary of such organization; . . . ::... il ' 2. Fireworks shall be sold only upon the 2nd, 3rd.and 4th days of July of the year for which such permit was granted; provided that if the 4th day of July in such year fall upon Tuesday, 'then fireworks may be sold also on the 1st day of. July for such year; and provided further that if the 4th day of July in such year fall ,- 3 - 907 ---- on Sunday, then fireworks may be sold also on July 5 of such year. Upon the filing of an application for a permit to sell " fireworks and prior to its submission to~the City Council for action thereon, the City Clerk shall refer the same to the Chief of the . , Fire Department of the City of Arcadia for his report and recommen- dation thereon. No such permit shall be granted to any such organi- zation unless it shall have actively maintained its local chapter, post or unit within.the City of Arcadia for a ~riod of three con- secutive years next preceding the filing of such application. Every " such application shall be accompanied by a deposit of Fifteen hundred dollars ($1500.00) as a permit fee for the issuance of such a permit. The City Council shall have the absolute p~er in its unlimited dis- cretion, by a vote of the majority of its members entered in its official minutes, to grantor deny the requested permit, and to waive or refund all or any part of the permit fee hereinabove pre- scribed. 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 compe- tent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby , , declares that it would have adopted this Ordinance, and each section, sentence, clause, phrase, or portion thereof,' irrespective of the fact that anyone or more sections, subsections, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 4. ,The, ~ity Clerk ,shall cer~ify (0 the adoption , of this Ordinance and prior to the expiration of fifteen,(15) days ) .' II ", . from the passage thereof, ,~hall cau~et~e, same to be published once in the Arcadia Bulletin, 'a newspaper of general circulation, published and circulated in the City of Arc~dia, and thirty (30) days from and after the f~nal passage thereof said Ordinance shall take effect and be in force. - 4 - - I HEREBY CERTIFY that the foregoing Ordinance was adopted " at a regular meeting of the City Council of the City of Arcadia. held . 'I! on the 15th day of February, 1955, by the affirmative vote of at least three Councilmen, to-wit: AYES: Councilmen Camphouse, Dennis, Dow, Hulse and Phillips NOES: Kone ABSENT: None , ,', .' d~ ~ '. ' " " , ~;7?~ 'City Cler 0 the City of Arcadia SIGNED AND APPROVE~ this l5thday of February . 1955. ATTEST: :,' ... - ... . -'. ~' - r'" ;~ ,.~- ' .,. /JllIlt~tt-Jt( "City Clerk '-. '," , ", ~ - 5 - 907