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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