HomeMy Public PortalAboutOrd. 1183ORD IDT.~~CE NO . i i R 3
Aft ORDINA~aCE OF THE CITY OF LYV'T~iOCD A~`~?ENDIVG
CHA?TER 12 OF THE CODE OF THE CITY OF LY~aOOD
REL.ATI~tG TO THE SAFE, USE AND STORAGE OF SAFE
:~VD SANE FIRE~,vORKS WITHIN THE CITY.
The City Council of the City of Lynwood does ordain as
follows
Section 1. Article II of Chapter 12 of the Ccde of the
City of Lvnwocd is hereby amended as follows:
Article II
Use and Sale of Safe ar_d Sane Fireworks
12.11 Fireworks - Time for Sale and Discharge of. Safe
and Sane Fireworks as defined by Section 12504 or the Health
and Safety Code of the State of California may be sold and
discharged within the City of Lynwood during the period
beginning at 12:00 o'clock noon on the 28th day of rune ending
at 12:00 o'clock noon on the 5th day of Duly each year pursuant
to the provisions of this chapter and not otherwise.
12.12 Fireworks - Sale of - License Recruired. Excect as
provided 'Herein, no person shall offer for sale or sell at
retai 1 any fireworks of any kind irl said City without having
first applied for and received a City license therefor.
12.13 Application for a License. All applications for a
City license to sell fireworks shall:
~ a )-- be ~:~adc ill wri wing aCt_.ompailied by a11Cei"iSe .ee, F1.r c
Clearance Fee and Cleanup Feein the amounts established
pursuant to Sections 12, 19, 12.20 and 12.21 respectively. The
fees are rot for the purpose of revenue but will be used to
defray administrative costs.
(b) Be made between the first day and the last day of
`March of each year except when the Last day falls on a Saturday
or Sunday, the following business day shall be determined tc be
the last day.
(c) Set forth the proposed location of the fireworks stand
applied for. The stands must be on private property located in
"C-1" or heavier industrial or manufacturir_g zones and must be
located on Imperial Highway, Atlantic Boulevard, Long Beach
Boulevard, Abbott Road or Century Boulevard. The written
permission of the owner of record or lessee must accompany the
application.
(d) Se accompanied by an assurance that if the license is
issued to applicant, applicant shall, at the tine of receipt of
said license, deliver Lo the City Clerk's office certificates
cf public liability and property damage insurance covering the
ogerati ar: of the sta,Zd and its premises in tr.e amount o
;SG0,000 ih tiie aggregate for the combined single limit bodily
injuiry and/or property dal-nage, including products liability,
certificates designating said City as an additional assured
t:,ereurder, and a copy of the requisite permit from the State
Fire Marshal.
(e) Include a statement that t'r.e applicant agrees to
comply strictly with the terms of any license~'granted to it and
furnish any additional in=ormation upon request of the City
Clerk or cortsnittee designated by the City Cour_cil.
12.14 Votice of Granting or Rejectinc of License.
Applicants for any such license shall be notified by the City
Clerk's o=floe of said City by April 30th o~ the granting or
rejection of such application for a license.
12.15 Pre-Recuisites to Issuance of License.. The
followi ng qualifications must be met by eac'r, applicar_t for a
license issued 'Hereunder;
(a) ?Vo license shall be issued to any person, firm or
corporation except Hen-profit associations or corporations
organized primarily for civic betterment, youth ac-._ivities,
snort, military or veterans affairs, charitable or religious
purposes.
(b) teach such organization must 'nave its principal and
permanent meeting place in the corporate limits of said City,
must maintain a bona fide membership of at least ten (10)
members, and must have been organized and established in said
City' s corporate limits for a mi nimul,~ of cr_e year cortinuousl~l
preceding the filing of the application. for the license.
(c) '~o organization may receive more than one license fen
rireworks sale during one calendar year. One license may be
issued to two or more qualifying apalicants as a ioi.nt
ver_ture. The; maximum number o~ licenses w'r-iich ~«ay be issued
pursuant to this ordinance during any ore calendar year shall
not exceed fourteen (14).
(d) If the number of applications exceed the nul-nber of
licenses to be issued, the available licenses shall be granted
by a drawing supervised by the City Clerk.
12.10 Operation of Stand.
(a No person other than the licensee organization shall
operate the stand for which the license is issued or share or
otherwise participate ir_ the profits of the operation of such
stand.
(b) No person other than the individuals who are members
of the licensee organization, or the wives or husbands or adult
children of such members, shall sell or etr~erwise participate
in the sale of fireworks at such stand.
(c) No person shall be paid any consideration for selling
or otherwise participating in the sale of fireworks at such
stand.
-, ,
~~. i ~ T-^pOr'ciry FirSwOr'ts ataid5 X11 retali Sa1eS Cf
"Safe and Sane" fireworks shall be permitted only from within a
temporary fireworks stand, and sales from any other building or
structure is hereby prohibited. Tempcrary stands shall be
subject to the following provisions:
(a) No fireworks stand shall be located within 50 feet of
any other building, 300 feet of any gasoline pu~-np, 20 feet of a
curb line, nor within 1000 feet of any other fireworks stand.
(b) Fireworks stands reed not comply with the provisions
of the building code of said city; provided, however, that all
stands shall be erected under the supervision of the Building
Official, who shall require that stands be constructed in a
manner that will reasonably insure the safety of attendants and
patrons.
(c) No stand shall have a floor area i~~ excess of 300
square feet.
(d) ach stand in excess of 24 feet in length must have at
least 2 exits; and each stand in excess of 40 feet in length
must have at least 3 exits spaced approximately equal distants
apart; provided, however, that in no case s;~all the distance
between ex_tts exceed 24 feet.
(e) each stand shall be provided with two 2-1/2 gallon
water pressure type fire extinguishers,
underwriter approved, in good working order and easily
accessible for use in case of fire. .
12.18 General Requirements for Licensees.
(a X11 weeds and combustible material shall be cleared
from the location of the stand including a distance of at least
30 feet surrounding the stand.
(b) "No Smoking" signs shall be prominer_tly displayed on
the fireworks stand and ro smoking shall be permitted within
the stand or within 50 feet of the stand.
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(c) each stand must have an adu'_t in attendance and in
charge thereof while f1r2T.~or'.{s ar? stored therein. Sleeping or
rema1:71n9 1:7 stand alter C10Se Of buSlneSS eaCll day 1S
forbidden.
(d) The sale of fireworks shall not begin before 12:00
o'clock r.ocn on the 28th day of June and wall not continue
after 12:00 o'clock ncon on the 5th of July.
(e) A11 unsold stock and accompanying litter shall be
removed from the location by 5:00 o'clock P.M. on the 6th day
of July.
(f) The fireworks stand shall be removed from the
temporary location by 12:00 o'cloc'~c noon on the 18th day of
July, and all accompanying litter shall be cleared frcm said
location by said ti:~e and date.
12.19 Deposit. Prior to the issuance of a license, each
applicant shall file with the City Clerk a cash deposit ir_ an
amount established by resolution of the City Council, to assure
compliance with the provisions of this chapter. Such deposit
shall be refundable upcn compliance with the provisions and
requirements of this chapter, including but not limited Lo the
removal of the stand and the cleanir_g of the site. In the
event the licensee does not so comply or remove the star_d or
clean the site, in the manner required by the Building
Official, the City may do so, or cause the same to be done by
other persons, and the reasonable cost thereof shall '^e a
charge against the licensee's deposit.
12.20 License Fee. The license fee for the selling of
fireworks wzth~n t.~e Clty shall be in an amour_t determined by
resolution of the City Council which fee must be paid at the
time of application.
12.21 Fire Clearance Fee. Lynwood Municipal Code,
Article III, Section 12-19 mandates that a Fire Clearance be
applied for at the time of application for license. The fee
shall be in an amount established by resolution of the Ci'cy
Council.
12.22 Cleanup r^ee. A cleanup fee in an amount
establis:~ed by resolution of the City Council shall be paid at
the time of application for the license. This fee is
refundable upon completion of business activity and compliance
with Section 12.18(f).
12.23 Temporary Sales Tax Permit Required. Organizations
licensed for the selling of fireworks are required to obtain a
temporary sales tax permit from the Regional office of the
State Board of Ecualization.
12.2? Disp_1aV of State and City License and Sales Tax
Permit. State and City Licenses to sell fireworks and
temporary sales tax permit shall be displayed in a prominent
place in the fireworks stand.
12.25 Prohibitions on Discharge.. It shall be unlawful for
any person to ignite, explode, project, or other-~aise fire or
use, any f~~"°_WOr1tS, or pP_rmlt thP_ 1.gT11t1.On, exp1US10L'i Or
projection thereof, upon or over or onto the property or
another without :nis consent, or to ignite, explode, project, of
otherwise fire or make use of, any fireworks within ten feet of
any residence, dwelling or other structure used as a place of
habitation by human beings.
12.26 Prohibition on Sale of Safe and Sane Firewor'~cs to
Minors.
(a) Every person, agent or employee engaged in the
business of the sale or disposition of safe and sane fireworks,
W'!'10 Sells, furnlSheS, g1VeS Or CallSeS t0 be sold, furnished or
given away any safe ar_d sane firework to any person under the
age of sixteen (16) years whether or not the person engaged in
Said business ndS knoWleQge t'Ilat ti'?e ~erSOn SOid t0, =urnlShea
to or given to is under the age of sixteen (16) years is in
ViOlatlOP_ Of t~":iS 0rdl.nanC°_ .
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` (b) any person ur_der the age of sixteen (le) years who
DurCY'iaSeS aP.y Sdfe dnd sane firewor'.{S 1S lI? Vl0ldt10i1 Of t'S11S
ordinance.
(c) Any person under the age of sixteen (10) years who
discharges any safe ar.d sane fir~wor.'{s ~,~ith the city boundaries
except w'r:er~ under the direct suDervis i on ar_d i r_ t'r~e presence of
an adult, is in violation of t:nis ordinance.
(d) or tn.e purpose of orev~ntir_g the violation of
SllDSeCt10n (a), any person, agent, or employee, engaged in file
business of the sale or disposition of safe and sane fireworks,
may re?=use to sell, furnish or give away any safe and sane
fireworks to any person who fails to produce adequate written
evidence that he or she is sixteen (16) years or over. Such
written evidence may include, bu'~ is not limited to; a motor
vehicle operator's license. Proof that the person. or agent or
employee, engaced in the sale or di_spositicn cf safe and sane
fireworks, demanded, was .shown and acted i.~ reliance upon
adequate evidence or proof of ale of sixteen (lo) years or
over shall be a defense to any crimir_al prosecution ur_der this
S2Ct1on.
(e) In the event of a conviction, plea of guilty or nolo
contendere, of any person, agent or employee, under section (a)
of this section, any sponsoring organization from.whcse
fireworks stand said illegal sale was made shal 1 not receive a
permit to sell fireworks the following year.
12.27 Penalties. Persons violating this ordinance shall
be deemed guility of a misdemeanor, and upon conviction, shall
be punished by a fine nat Lo exceed $500.00, or by
imprisionment for a period not exceeding 30 days, or both such
fine and im~risionnent. r^urther the license shall be
immediately revoked and the stand closed upon order of the City
Clerk.
Section 2. Article III of Chapter 12 of the Code of the
City of Lynwood is hereby amended by renumbering Sections
12.19, 12.20, 12.21, 12..22 and 12.23 as Section 12.27, 12.28,
12.29, 12.30, and 12.31 respectively.
Section 3. Severability. If any section, subsection,
subdivision, sentence, clause, phrase or portion of this
ordinance or the application t'r.ereof to any person or place, is
for any reason held to be invalid or unconstitutiona 1 by the
decision of any court of competent jurisdicition, such decision
shall not affect the validity of the remaining portions of this
ordinance or tis application to other persons or places. The
City Council hereby declares that it would have adopted this
ordinance, and each section thereof, irrespective of the fact
that any one or more sections, subsections, ser_tences, clauses,
phrases, or portions, or the application thereof to any person
or place, be declared invalid or unconstitutional.
Section 4. The City Clerk is hereby ordered. and
directed to certify to the passage of this ordinance and to
cause the same to be published once in the Lynwood Press, a
newspaper of general circulation, printed, published, and
circulated in the City of Lynwood.
rirst read at a regular meeting of the City Cour_cil of said
City held on the ~,,~ day of ,1lovemoer 1982, and finally
ordered published at a regular meeting of said Counci 1 held on
the 16th day of ~Vovem~er 1982.
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AYES : Councilmen Byork, Green, Rowe, Thompson, Morri s
NOES : done
ABSENT : None
/s/ LOUIS A . TNOPiPSON
Louis Thompson, i~iayor
City oz Lynwood
ATTEST:
/s/ ANDREA HOOPER
Andrea Hooper, City Cler;c
City o~ Lynwood
APPROVED AS TO CONTENT:
/s/ CHARLES G. GOP~?EZ
Department .read ~~ y anager
A_a PROVE' AS TO FORM
~ C .~
~~ ~~
City attorney
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.~
s { , z
SiaT= OF CaLI~ORNI.4 )
ss.
COUNTY OF LOS ~,NGcLFS )
i , the undersigned, City Cl er'< c ~ the City or" Lynwood, and
ex-o ~ ~ i ci o cl erg o; t,`;e Council o. said City, do hereby ~ cert; ;y that the
above i s a tree and correct copy or Ord i nance i~1o. 1183 adoo±~~! nv
the City Counci 1 or" the City o;~ Lynl~cod, and that the same was passed on
the date and by the rote therein stated.
Dated this 16th day or November 1982.
~(~~ L)
City Ci~r'~, City or Lynwood