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Home My Public Portal AboutOrd. 0977* ORDINANCE N0. 977 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF' LYNWOOD AMENDING SECTION 12.17 OF AND ADDING SECTION 12.18 TO THE CODE OF THE CITY OF LYNWOOD RELATING TO THE SALE OF FIREWORKS The City Council of the City of Lynwood does hereby ordain as follows: Section l. 3ection 12.17 of the Lynwood City Code is hereby amended to read as follows: "Section 12.1'7. Regulations for the Operation of Fireworks Stands. "All temporary fireworks stands shall be located, maintained and operated subject to the following regulations. Violation of any of the following regulations shall be grounds f'or immediate revocation o£ the operator's permit by the fire cnief or his authorized representative. "a) Any person owning or operating any such stand shall comply with all conditions set forth by applicable laws, and those requirements imposed by the city manager in granting this permit. "b) A cash bond in the sum of One Hundred Dollars ($100.00) shall be posted by the permittee with the City Manager. This bond shall be posted within seven (~) days after issuance of the permit and prior to the erection of the stand. If the permittee fails to remove said stand, equipment and rubbish from the premises before the 8th day of July of the year for which the permit is granted, Twenty-five Dollars ($25.00) of said bond shall be forfeited to the city. If the permittee fails to remove said stand, equipment and rubbish from the premises before the 12th day of July of the year for which the permit is granted, the full amount of such bond shall be forfeited to the city; nd the city sha11 thereafter be entitled to remove such stand, -1- equipment and rubbish and dispose of it as it sees fit. "c) Prior to erection of any stand, the permittee shall procure public liability and property insurance covering its operation ir. and about said stand and premises in a minimum amount of One Million Dollars ($1,000,000) in the aggregate for combined single limit ~odily injury and/or property damage, including products liability. The City of Lynwood shall be named as an additional insured on such insurance. The permittee shall file a certificate of such insurance with the city manager within seven (7) days after the issuance of the permit. The permittee shall also sign an agreement indemnifying and holding the city harmless from all claims for damages arising out of the location, maintenance, and operation of the stand.' "d) No fireworks display or stand shall be erected within one hundred feet (100') of any gasoline service station or any garage, or within thirty-five feet (35`) of any structure. Minimum set back from the street curbing shall be ten feet (10') or more as required by the city manager or fire chief. "e) There shall be maintained in each premises or stand within which fireworks are sold or offered for sale, suit- able fire extinguishers of a type and number approved by the chief of the Fire Department. "f) No person shall light or cause or permit to be li.ghted, any fireworks or any other article or material within any such stand or within fifty feet (50') thereof. "g) No smoking shall be allowed in any structure used for the sale and display of fireworks nor within fifty feet (50') of said structure. "No Smoking" signs shall be prominently displayed in number prescribed by the fire chief. "h) All such temporary stands shall be constructed in accordance with city requirements and specifications. "i) All temporary stands for the display and sale of fireworks shall obtain an electricdl permit from the City of -2- Lynwood prior to any electrical work. "j) No arc or klieg light shall be located within seventy-five feet (75') of any temporary stand selling fireworks. "k) Fireworks shall be sold only from 12:00 noon June 28 to 12:00 midnight on July F of each calendar year. "1) Permittee shall comply with all the provisions of Sections 12'600 through 12801 of the Health and Safety Code of the State of California. "m) Fireworks shall be stored and kept only in the permittee's sales booth. It shall be unlawful to store any fire- works in any building, residence, garage, home or automobile within the City of Lynwood. "n) There sYiall be at least one adult in attendance during the open or sales hours on the fireworks stands. "o) The permittee shall provide an adult night watchman to provide security during the hours of storage. Under no cir- cumstance shall the night watckiman sleep within the fireworks stand. Trailers, campers, tents or similar equipment used by night watchmen for sleeping ox° similar uses shall not be parked within twenty-five feet (25') of the fireworks stand. "p) No alcoholic beverages shall be allowed on the premises. "q) All permits must be posted in a conspicuous place open to public view. "r) No fireworks shall be sold or offered for sale within the city which are classified as 'dangerous fireworks` as that term is defined by the Health and Safety Code o£ the State of California; nor shall any person be permitted to sell, within the city, fireworks, without first having obtained a fireworks retail license from the State Fire Marshal, as required under the laws of the State of California. "s) Gasoline driven generators used for the purpose of supplying electrical power to the fireworks stand shall not -3- # be placed within twenty-five feet (25') of the fireworks stand. "t) There shall be adjacent to all fireworks stands a metal trash container with metal lid of sufficient size and number~ to accommodate trash generated by the fireworks stand. "u) No person under the age of eighteen (18) years shall enter, be or remair. in the stand following the stocking of the stand with fireworks." Section 2. Section 12.18 is added to the Code of the City of Lynwood to read as follows: "Section 12.18. Sale of Safe and Sane Fireworks to Minors Prohibited. "a) Every person, agent or employee thereof, engaged in the business of the sale or disposition of safe and sane fireworks, who sells, furnishes, gives or causes to be sold, furnished or given away any safe and sane fireworks to any person under the age of eighteen (18) years whether or not the person engaged in said business has knowled~e that the person sold to, furnished to or given to is under the age of eighteen (18) years is guilty of an infraction. "b) Any person under the age of eighteen (18) years who purchases any safe and sane fireworks is guilty of an infraction. "c) Any person under the age of eighteen (18) years who discharges any safe and sane fireworks within the city boundaries except when under the direct supervision and in the presence of an adult, is guilty of an infraction. "d) For the purpose of preventing the violation of subsection a) hereof, any person, agent, or employee thereof, engaged in the business of the sale or disposition of safe and sane fireworks, may refuse 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 eighteen (18) years or over. Such written evidence may include, but is not limited to, a -~+- motor vehicle operator's license. Proof that the person or agent or employee thereof, enga~ed in the sale or disposition of safe and sane fireworks, demar.ded, was shown and acted in reliance upon adequate written evidence or proof of age of eighteen (18) years or over shall be a defense to any criminal prosecution under this section. "e) The terrn 'safe and sane fireworks` is expressly defined in the California Health and Safety Code. "f') An infraction committed by a violation of this section sha11, upon conviction thereof, be punishable for each conviction by a fine not to exceed One Hundred Dollars ($100). "g) In the event of a conviction, plea of guilty or nolo contendere, of any person, agent or employee thereof, under section a) of this section, any sponsoring organizaticn from whose fireworks stand said illegal sale was made shall. not receive a permit to sell fireworks the following year." Section 3• The City Clerk is hereby ordered and directed to certify to the passage of thi.s ordinance and to cause the same t,o be published once in the Lynwood Press a newspaper ef general circulation printed and circulated in the City o£ Lynwood. First read at a r~egular meeting of the City Council of said city held on the 17th day of September, 1974, and finally adopted and ordered published at a regular meeting of said Council held on the lst day of October, 1974, by the following vote: AYES: COUNCILMEN ~York, Green, Liewer, Morris, Rowe NOES: COUNCILMEN None ABSENT: COUNCILMEN None May-~ City o£ Lynwood ATTEST: % l ~ ~ ~~ '~~!! ~/ii ~ ~ ~ ~~%~C/t./lL~~r~. City Clerk, City of Lynwood . .. ~' . . . ,,.,, ~ ) STl~`l'1~; 01~' C[1L?P'0~.,, i F_ COI;':11' Ol' 1 OS Ai~, C~,.,1? ;) ~.~ . ~ I, t),~c ~iieer.i;iied C.~~:,j~ ~;lerk o~P t,h~~ City of S,S~m~ood, und ex-c 1'ir,~i c~ci~l~_ oP ~}~c Cnun.il of °~aici ci.ty, do hc:r b-;~ cc; ,.i.i'~~ Y],2.c tL ~bov~ ~i_, a t rue and correct~ eor>y of Or~linance Idc. 97~_ aao;~ted t;~ tihe C5-t~~ Counei:L of the City oP Lvm~rood, and~ thaL sam~_ wa:. ~~~is: ed on thE~ date and by t,he ~ vot.e tihcr~eili stated. Dated this 2nd ci~~ oi' Octo.ber _ _~ 1`~~• ' '~ ~ ~~ ~ ~J~_C-,/Ll C'Lf F, r~~ ~ '- ~ Ci ~ L^ 1, Csty of `I~ynti~rood