HomeMy Public PortalAboutOrdinance 64-138ORDINANCE HO. 64 -138
AN ORDINANCE OF THE C I TY' OF TEMPLE CITY
AMENDING THE TEMPLE CITY MUNICIPAL CODE
TO ADOPT THE NE'`; ^J FIRE CODE OF THE COUNTY
OF LOS ANGELES AS THE FIRE CODE OF THE
CITY OF TEMPLE CITY
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS
FOLLONIS:
SECTION 1. Chapter 1 of Article III (containing Sections
3100 through 3120) of the Temple City Municipal Code is hereby repeal-
ed in its entirety.
SECTION 2. Chapter 1 of Article III (containing Sections
3100 through 3118) is hereby added to the Temple City Municipal Code
to read as follows:
"CHAPTER 1 - FIRE -CODE
3100. There is hereby adopted as the Fire Code of the City
of Temple City, except as it is hereafter amended, Ordinance No. 2947
of the County of Los Angeles, as amended and in effect as of September
14th, 1964.
Three (3) copies of said Ordinance No. 2947 of the County of
Los Angeles, California, as amended and in effect as of September 14th,
1964, have been deposited with the office of the City Clerk of the
City of Temple City and shall be at all times maintained by said Clerk
for use and examination by the public.
3100.1 Said Ordinance No. 2947 of the County of Los Angeles
as hereinabove adopted as the Fire Code of the City of Temple City is
amended as follows:
A. "Wherever the words "unincorporated territory of the
County of Los Angeles," appear there shall be substituted therefor the
words, "City of Temple City."
B. Wherever in the Ordinance reference is made to unin-
corporated area of the County of Los Angeles, such area shall be deem-
ed to include in its true geographical location the area of the City
of Temple City.
C. Sections 12.02 through 12.06 are deemed deleted in
full, the subject matter of said sections being governed by Sections
3110 through 3118 of the Temple City Municipal Code.
3100.2 Any permit heretofore issued by the County of Los
Angeles pursuant to the Fire Prevention Code of said County for work
within the territorial limits of the City of Temple City shall remain
in full force and effect according to its terms.
3101. All provisions of this Chapter shall be carried out
and enforced in conjunction with the law enforcement agency of the
City of Temple City, by the Los Angeles County Fire Department, and
the Consolidated Fire Protection District. The general supervision..of
conditions and equipment which aid in control of fire, conditions con-
stituting fire hazards or danger to life or property, and the abatement
or minimizing of such fire hazards or dangerous conditions shall be the
responsibility of the Los Angeles County Fire Department and the Con-
solidated Fire Protection District.
424
Ord. No. 64 -138, page 3
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 assn is ations or corporations organized primarily for veteran,
patriotic, welfare, civic betterment or charitabie purposes. Each
such organization must have its principal and permanent meeting place
in the City of Temple City and must have been organized and establish-
ed 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, subject to the right of the City
Council to accept applications for any permit up to and
including June 15th, providing the applicant shall file
with the City Council, in addition to the application
meeting all requirements of Sections 3112 through 3116
of this Code, a written PETITION TO PERMIT LATE FILING
FOR PERMIT TO SELL FIREWORKS, which petition shall set
forth a statement of facts upon which the City Council
can determine whether there is good cause, based on
sound equitable considerations including, but not limit-
ed to, inadvertence or excusable neglect, to permit the
petitioning applicant to file after May 1 and on or be-
fore June 15th.
(c) Shall set forth the proposed location of any and all
fireworks stands applied for, and the length thereof.
(d) Shall be accompanied by an assurance that if the per-
mit 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. property damage
insurance policy, with a rider attached to the policy,
designating the City as an additional assured thereunde1
(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 operation of Fireworks stands:
426
Ord. No. 64 -130, page 4
(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 child
ren of such members, shall sell or otherwise participate:
in the sale of fireworks at such stand.
(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.
3113. 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 prohibited. Such tem-
porary stands shall be subject to the following 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 supervi-
sion of the Inspector who shall require that stands
be constructed in a manner which will reasonably in-
sure 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 build-
ing inspector of the City of Temple City, the construc-
tion of the stands or the conduct of the operators
therein do not conform to the provisions of this ordi-
nance, 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 in-
side the booth at any time.
(e) No fireworks shall remain unattended at any time regard.
less of whether the fireworks stand is open for businesr
or not.
(f) No stand shall be placed closer than twenty (20) feet
to any other building.
(g) "N0 SMOKING" signs shall be prominently displayed both
inside and outside the stand.. No smoking shall be per-
mitted within the stand, or within five (5) feet of
the stand.
(h) All weeds and combustible material shall be cleared frorr .
the location of the stand. No rubbish shall be allowed
to accumulate in or around any fireworks 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 ex-
tinguisher for each exit in the stand, which fire ex-
tinguishers must be approved as to efficiency and safe -
ty by the Fire Department.
427
1
Ord, 64 -138, page 5
(k) Each stand in excess of twenty -four feet in length
must have at least two exits, and each stand in
excess of forty feet in length must have at least
three exits spaced approximately equidistant apart,
provided 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.
SECTION 3. This ordinance shall take effect immediately as
an emergency ordinance. The City Council expressly finds that this
ordinance is required to take effect immediately for the immediate
preservation of public safety in the prevention of fires.
PASSED AND ADOPTED by the City Council of the City of Temple
City at a regular meeting held this 14th day of September, 1964.
ATTEST:
Mayor o
City clerk, City o emp e City,
Ca li forn i a
/Ty %
y of Te p fe City,
California
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF TEMPLE CITY )
I, Marjorie A. Woodruff, Deputy City Clerk, do hereby certify that
have been duly appointed Deputy City Clerk of the City of Temple City,
and that the foregoing Ordinance No. 64 -138 was regularly adopted as
an emergency ordinance at a regular meeting of the City Council and
was regularly passed on September 14, 1964, by the following roll call
vote:
AYES: Councilmen- Dickason, Harker, Nunamaker, Tyrell, Merritt
NOES: Councilmen -None
ABSENT: Councilmen -None
IIDated: September 15, 1964
arajror i e A. Wood ff
Deputy City Clerk of the City
of Temple City, California