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HomeMy Public PortalAboutOrdinance 61-371 ORDINANCE NO. 61 -37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY MUNI- CIPAL CODE RELATIVE TO THE SALE AND USE OF FIREWORKS WITHIN THE CITY OF TEMPLE CITY, AND REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS FOLLOWS: SECTION 1. The Municipal Code of the City of Temple City is hereby amended by adding Section 3110 through and includ- ing Section 3120, said sections to read as follows: "3110. Notwithstanding the provisions of sections 12.01 to 12.06 of the Fire Prevention Code, being Ordinance No. 2947 of the County of Los Angeles, adopted by reference as the Temple City Fire Prevention Code by Section 3100 of the Temple City Mun- icipal Code, safe and sane fireworks as defined by Section 12504 of the Health and Safety Code of the State of California, may be sold and discharged within the City of Temple City during the period beginning at 12 :00 o'clock noon on the 30th day of June and ending at 12:00 noon on the 5th of July of each year pursuant to the provisions of this ordinance and not otherwise. "3111. No fireworks shall be sold or offered for sale or discharged within the City which are classified as dangerous fireworks, as that term is defined by the Health and Safety Code of the State of California. Safe and sane fireworks shall in- clude only those fireworks that have been classified and regis- tered as 'safe and sane' by the State Fire Marshal. "3112. No person shall sell fireworks within the City without first having applied for and received a permit therefor in compliance with the terms of this ordinance. "3113. Upon receipt of written application for a permit pursuant to` his ordinance, the City Manager shall make an in- vestigation and submit to the City Council a report of his find- ings and his recommendations for or against the issuance of a permit, together with his reasons therefor. After receipt of such recommendations and report, the City Council shall have the power, in its discretion, to grant or deny the application. Any permit granted by the City Council may be subject to such reason- able conditions and restrictions as may be imposed by the City Council and such conditions and restrictions shall be complied with by the permittee. The Council shall require a cash deposit with the City Clerk in the sum of $100.00 for each 24 feet in length or portion thereof, of the fireworks stand to be used by the applicant, as a condition of granting a permit. Such deposit shall be refunded to the permittee upon compliance with Sub - Section 3118 (1) hereof, but such deposit shall be forfeited and retained by the City in the event of non - compliance with such subsection. "3114. No permit shall be issued to any person except non - profit associations or corporations organized primarily for veteran, patriotic, welfare, civic betterment or charitable pur- -1- 89 poses. Each such organization must have its principal and perma- nent meeting place in the City of Temple City and must have been organized and established in the area that is within the City of Temple City for a minimum of two years continuously preceding the filing of the application for the permit and must have a bona fide membership of at least twenty (20) members. "3115. Applications for such a permit: (a) Shall be made in writing. (b) Shall be filed with the City Manager on or prior to May 1 of each year. (c) Shall set forth the proposed location of any and all fireworks stands applied for, and the length thereof. (d) Shall be accomplished by an assurance that if the permit is issued to applicant, applicant shall, at the time of receipt of such permit, deliver to the City a $25/$50,000 public liability and a $5,000.00 property damage insurance policy, with a rider at- tached to the policy, designating the City as an additional assured thereunder. (e) Shall be accompanied by a fee of Twenty -Five Dollars. ($25.00) Applicants for any such permits shall be notified by the City Manager of the granting or rejection of their application for permit on or before the first day of June of each calendar year. "3116. Each such application shall show the following: (a) Name and address of applicant. (b) The applicant's status as a non - profit organization. (c) The name and addresses of the officers, if any, of the applicant. (d) The location where the applicant will sell fireworks. (e) When the applicant was organized and established. (f) The location of the applicant's principal and permanent meeting place. (g) The applicant's State Board of Equalization Sales Tax Permit Number. "3117. The following regulations shall be complied with in the opera ion of fireworks stands. (a) No person other than the licensee organization shall operate the stand for which the license is issued, or share or otherwise participate in the profits of such stand. (b) No person other than the individuals who are members of the licensee organization, or the spouses or adult children of such members, shall sell or other- wise participate in the sale of fireworks at such stand. -2- 90 (c) No person shall be paid consideration for selling or otherwise participating in the sale of fireworks at such stand. (d) Each person, group or organization shall be limited to one permit per year and each :permit shall be limited to one stand. "3118. All retail sales of 'safe and sane' fireworks shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is hereby pro- hibited. Such temporary stands shall be subject to the follow- ing provisions. (a) Fireworks stands need not comply with the provisions of the Building Code of the City provided, however, that all stands shall be erected under the super- vision of the inspector who shall require that stands be constructed in a manner which will reasonably insure the safety of attendants and patrons, and any stands constructed shall obtain an electrical permit from the City of Temple City. (b) If, in the judgment of the Fire Department or the building inspector of the City of Temple City, the construction of the stands or the conduct of the operators therein do not conform to the provisions of this ordinance, such officers, or either of them, may order the stands immediately closed. (c) No person shall be allowed in the interior of the stands except those directly employed in the sale of fireworks. (d) There shall be at least one supervisor, twenty -one (21) years of age or older, on duty at all times. No person under eighteen (18) years of age shall be allowed inside the booth at any time. (e) No fireworks shall remain unattended at any time regardless of whether the fireworks stand is open for business or not. (f) No stand shall be placed closer than twenty (20) feet to any other building. (g) 'NO SMOKING" signs shall be prominently displayed both inside and outside the stand. No smoking shall be permitted within the stand, or within five (5) feet of the stand. (h) All weeks and combustible material shall be cleared from the location of the stand. No rubbish shall be allowed to accumulate in or around any fire- works stand, nor shall a fire nuisance be permitted to exist. (i) No stand shall be erected before June 15th of any year. The premises on which the stand is erected shall be cleared of all structures and debris not later than noon of the 12th of July following. (j) All stands must be equipped with at least one fire extinguisher for each exit in the stand, which fire -3- 91 1 extinguishers must be approved as to efficiency and safety by the Fire Department. (k) Each stand in excess of twenty -four feet in length must have at least two exits, and each stand in ex- cess of forty feet in length must have at least three exits spaced approximately equidistant apart, pro- vided, however, that in no case shall the distance between exits exceed twenty feet. (1) No stand shall be constructed with a depth of more than twelve (12) feet. "3119. Section 3100 of the Temple City Municipal Code and sections 12.01 and 12.06, inclusive, of the Temple City Fire Prevention Code are hereby amended insofar as the same are incon- sistent with Sections 3110 and 3120 hereof. "3120. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof 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 of Los Angeles County for a period of not m re than six (6) months or by both such fine and imprisonment." PASSED AND ADOPTED by the City Council of the City of Temple City at a regular meeting thereof held this 27thday of March 1961, by the following called vote: AYES: Councilmen- Buchan, Dickason, Merritt, & Fitzjohn NOES: Councilmen- Tyrell ABSENT: Councilmen- None ATTEST: 0 emp p it Y, Cal i for, la. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF TEMPLE CITY ) ayor p ity, California I, Marjorie A. Woodruff, do hereby certify that I have been duly appointed Deputy City Clerk of the City of Temple City, California, and that the foregoing Ordinance No. 61 -37 was introduced at a regular meeting of the City Council held on February 27, 1961, and adopted at a regular meeting of the City Council held on March 27, 1961, by the following roll call vote: AYES: Councilmen- Buchan, Dickason, Merritt, Fitzjohn NOES: Councilman- Tyrell ABSENT: Councilmen -None Dated: March 27, 1961 A Depui�' City Clerk of / eC i ty of Temp e City, California 92