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Home My Public Portal AboutOrd. 1565ORDINANCE NO. 1565 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CERTAIN SUBSECTIONS OF SECTION 12 -2 OF THE LYNWOOD MUNICIPAL CODE FOR THE PURPOSE OF BANNING THE USE AND DISCHARGE IN THE CITY OF LYNWOOD THOSE TYPES OF SAFE AND SANE FIREWORKS WHICH EMIT HIGH - PITCHED SCREAMING SOUNDS WHEREAS, California Health and Safety Code section 12541 permits a City to regulate the sale, use and discharge of fireworks in its jurisdiction; and WHEREAS, the possession, sale, use and discharge of Dangerous Fireworks within the City of Lynwood ( "City ") is currently prohibited; and WHEREAS, the possession, sale, use and discharge of Safe and Sane ( "SAS ") Fireworks is currently permitted in the City, subject to certain regulations; and WHEREAS, the City Council of the City of Lynwood ( "Council ") wishes to preserve the City's traditional Fourth of July SAS Fireworks sales, which benefit the charitable organizations in the City; and WHEREAS, to promote the safety, health and quiet enjoyment of the City's residents, the Council finds it necessary to impose additional controls on the discharge of those types of SAS Fireworks which emit high - pitched screaming sounds, present an attractive nuisance to children and may be easily modified for use contrary to their intended use; and WHEREAS, because the issuance of permits for the sale of SAS Fireworks are pending, the Council finds that the adoption of this ordinance banning the use and discharge of such t, res of SAS fires : irks ?i,,.;L iin the Ci ;- is needed to protect the peace, health and safety of the residents of the City and to provide notice to the potential permittees and the public of those types of SAS Fireworks that are no longer permitted to be discharged and used in the City. NOW, THEREFORE, THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: Section 1. That Subsection 12 -2.2 of Chapter 12 of the Code of the City of Lynwood be repealed it its entirety. Section 2. That a new Subsection 12 -2.2 of Chapter 12 be added to Code of the City of Lynwood which section shall read as follows: 12 -2.2 Definitions. "Safe and Sane Fireworks" ( "SAS Fireworks ") shall mean only those fireworks which are defined in section 12529 of the California Health and Safety Code and have been classified and registered as safe and sane by the state fire marshal. "Screaming Fireworks" shall mean any SAS Firework commonly known as a "Piccolo Pete," "Screaming Willie," "Whistle Pete," "Whistling Phantom," or any other SAS firework having the same appearance and discharge characteristics as any of these SAS Fireworks. "Person" shall mean any individual, person, firm, partnership, corporation, association or any other entity. "Dangerous Fireworks" shall mean all fireworks other than SAS Fireworks, and include, but are not limited to those fireworks defined in sections 12505 and 12561 of the California Health and Safety Code. "State Fireworks Law" shall mean section 12500 et sue., of the California Health and Safety Code. Section 3. That Subsection 12 -2.3 of Chapter 12 of the Code of the City of Lynwood be repealed it its entirety. Section 4. That a new Subsection 12 -2.3 of Chapter 12 be added to the Code of the City of Lynwood which Subsection shall read as follows: 12 -2.3 Restrictions on Sale or Discharge. It shall be unlawful for any Person to: a. Possess any Dangerous Fireworks within the City of Lynwood; b. Use, discharge, ignite or explode any Dangerous Fireworks or Screaming Fireworks within the City of Lynwood; C. Discharge any SAS Fireworks in any manner other than in compliance with the instructions of the manufacturer; d. Sell, offer for sale or display for purposes of sale any Dangerous Fireworks within the City of Lynwood; Section 5. That Subsection 12 -2.4 of Chapter 12 of the Code of the City of Lynwood be repealed in its entirety. Section 6. That a new Subsection 12 -2.4 of Chapter 12 of the Code of the City of Lynwood be added to the Code of the City of Lynwood which Subsection shall read as follows: 12 -2.4 Exception for Sale and Discharge of Safe and Sane Fireworks SAS Fireworks may be sold within the City only during the period beginning at 9:00 a.m. on July 1, and ending at 10:00 p.m. on July 4. Discharge of SAS Fireworks, with the exception of Screaming Fireworks, is permitted within the City only between the hours of 4:00 p.m. and 10:00 p.m. on July 4 t Section 7. That Subsection 12 -2.19 of Chapter 12 of the Code of the City of Lynwood be repealed it its entirety. Section 8. That a new Subsection 12 -2.19 of Chapter 12 be added to the Code of the City of Lynwood which Subsection shall read as follows: 12 -2.19 Violations; Penalties Any person who violates any provision of Section 12 -2 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by the penalties and /or fines as provided for in Section 1 -5 of the Lynwood Municipal Code, unless a specific fine for the violation is specified In this Subsection. In addition, violation of any provisions of Section 12 -2 by an SAS Fireworks permittee shall result in revocation of the permit and render the violating organization ineligible for a permit for five (5) years from the date of such violation. a. The fine for possession of Dangerous Fireworks in the City is $250.00. b. The fine for discharging Dangerous Fireworks and /or Screaming Fireworks in the City is $500.00. C. The fine for discharging SAS Fireworks in the City in any manner other than in compliance with the instructions of the manufacturer is $500.00. 2 d. The fine for sale of Dangerous Fireworks in the City is $1,000.00. Section 9. 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 sections, subsections, sentences, clauses, phrases, or portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 10. This ordinance shall take effect thirty (30) days after its final passage by the City Council. Section 11. The City Clerk of the City of Lynwood is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published or posted as required by law. First read at a special meeting of the City Council held on the 15th day of March , 2005 and adopted and ordered published at a regular meeting of the said Council held on the Sth d, Attest: Andrea L. Hooper, City Clerk Approved as to form: /"%o &_ t! J. Arnoldo Beltran, City Attorney c nnnc Jo eph Wang, Lder1 ity Manq9r STATE OF CALIFORNIA } }ss COUNTY OF LOS ANGELES } I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Ordinance was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 5th day of Apri 1 2005. AYES: COUNCILMEN BYRD, PEDROZA, VASQUEZ AND RODRIGUEZ NOES: NONE ABSENT: MAYOR PRO TEM SANTILLAN ABSTAIN: NONE Andrea L. Hooper, City Clerk STATE OF CALIFORNIA } } ss COUNTY OF LOS ANGELES } I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. 1565 on file in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 5th day of Apri 1 , 2005. 0*'tt� /F 41zg� Andrea L. Hooper, City Clerk M