Loading...
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. -2- 3273P/1269/00 (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°_ . -3- 3273P/1269/00 ` (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. -4- 3273P/?269/00 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 -5- 3273P/1269/00 .~ 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