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HomeMy Public PortalAboutOrd. 0627 ORDINANCE N0. 627 AN ORDINANCE REGULATING THE SALE AND DISPLAY OF FIREWORKS IN THE CITY OF LYNWOOD. The Council of the City of Lynwood daes ordain as follows: Section 1. The word "person" as used in this ordinance, shall mean and include individuals, firms, co-partnerships, corpora- tions or associations of every kind. and. nature. Section 2. Dangerous Fireworks. "Dangerous fireworks" as r used in this ordinance, includes all fireworks defined as "dangerous fireworks" in Section 12500 of the Health and Safety Code of the State of California. and shall further include any fireworks that may be designated as dangerous by the State Fire Marshall. Section 3. Safe and. Sane Fireworks. "Safe and Sane Fire- works" as used in this ordinance, includes any fireworks not desig- nated as "dangerous fireworks." Section 4. Inflammable Liquid. "Inflammable liquid.'" as used in this ordinance, includes any liquid whose flash point is one hundred (100) degrees Fahrenheit or less. Section 5. It shall be unlawful for any person to d.o a,ny of the following: (a) Manufacture, possess, or sell any dangerous fireworks; (b) Discharge dangerous fireworks a.ny place; (c) Make a public display of fireworks unless a. permit is first obtained as hereinafter provid.ed.; (d.) Sell any safe and sane fireworks as a retailer unless a permit is first obtained as hereinafter provided. Section 6. It shall be unlawful for any person to sell safe and. sane fireworks as a retailer, even though possessed. of a permit hereunder, except on the 26th, 27th, 28th, 29th, and 30th days of June and the 1st, 2nd, 3rd, 4th, and. 5th days of July of tPe calendar year in which such permit was issued. Section 7. This ordinance does not prohibit any person -1- who is a manufacturer, wholesale, dealer, or bobber, upon first obtaining a permit as hereinafter provided, from manufacturing, possessing or selling any kind of fireworks for direct shipment out of the City of Lynwood or from manufacturing, possessing or selling a,t wholesale any safe and sane fireworks to permittee hereunder, or the use of torpedoes, flares or fuses by railroad or other transpor- tation agencies for signal purposes or illumination; or the sale or use of blank cartridges for ceremonial purposes, athletic or sport events, or military ceremonials or demonstrations; or the sale of dangerous fireworks.to permittees having a permit as hereinafter provided for public displays. Section 8. Any person desiring to sell safe and sane fireworks as a retailer and any person desiring to d.o any act regulated by Section 7 of this ordinance, shall first make written application for a permit to the City Manager of the City of Lynwood. Section 9. Investigation of Application for Issuance of Permit. The City Manager of the City of Lynwood. shall cause an in- vestigation of the application to be made and after investigation shall instruct the City Clerk to issue the permit unless he shall find that the issuance of such permit would. not be in conformity with this ordinance or the statutes of the State of California, or would be detrimental to the public welfare or safety,in which event he shall deny the application by mailing a written notice thereof to the applicant at his address as shown in the application. Such per- mits shall be effective for such length of time as is set forth in said permits, in no event to be effective for more than one (1) year after the date of issuance. Section 10. When Permit May be Issued to Sell Safe and Sane Fireworks at Retail. (a) When the sale is to be made within a permanent structure: '"(1 )- All safe and sane fireworks which are received -2- from the supplier by the retaiier in their original packAge,shall not be opened but shall be sold by the retailer in their original packages. (2) All safe and sane fireworks which are received from the supplier"by the retailer not in sealed packages shall be displayed only in showcases constructed of steel and glass or other non-inflammable materials with openings only in the back thereof and. to be situated so as to be accessible only by the attendant in charge (b) When the sale is to be made from within a temporary structure: (1) Such structure shall not exceed 200 square feet in floor area constructed pursuant to a building permit in accordance with the requirements of the City~s Building Code, provided said building is to be used for no other purpose than the sale of fireworks. (2) Such structure must be located at least twenty (20) feet from the front and ten (10) feet from the side or rear property ten line of the lot upon which it is located,/(10) feet from any building with a solid masonry wall adjacent to the stand, twenty (20) feet from any other building, twenty (20) feet from any opening in a building with a masonry wall, and at least fifty (50) feet from the exterior limits of any property upon which Class 1 liquids or hazardous chemicals (as.such terms are defined in the Fire Prevention Code) are stored or sold. (3) Such temporary structures must be removed by per- mittee from the site within ten (10) days after the expiration of the authorized period of sale. (4) (a) All such temporary structures located less than twenty (20) feet from a permanent type building shall meet the following minimum requirements, They shall be constructed entirely of welded or bolted metal frame, covered, on entire exterior with 26 gauge metal siding and roof except on front which shall be three (3) foot panel to service shelf. Space may be open and enclosed with one-quarter inch (1/2") hardware cloth twenty-four inches (24") -3- above solid panel, with space above and over opening and. mesh close- able with drop doors when stand is closed. There shall be one out- swinging door at each end. For each such temporary structure located less than twenty (20) feet Prom a permanent type building m structure, there shall be supplied to the said temporary structure at all times one 5-gallon bucket of water for each five (5) lineal feet of building with thirty-six (36) inch square heavy burlap sub- merged in water at all times, in addition to soda. and acid. exting- uishers required by State Health & Safety Code. ' (b) All such temporary structures located. more than twenty (20) feet from a permanent type building may be con- structed of wood frame and solid siding, otherwise all the require- ments set forth in Section 4(a.) hereof shall apply. (5) All such temporary structures shall be located and constructed as to prevent the parking of motor vehicles within thirty (30) feet of said structure. (6) (a) All decorative material used in connection with the display or sale of the fireworks is to be flame-proof. (b) Smoking is not permitted within twenty-five (25) feet of any fireworks which are on display, stored, or offered. for sale, and signs to that effect in letters not less than five (5) inches in height are posted in conspicuous places so that all persons within twenty-five (25) feet of said fireworks can see a.nd read the signs. (c) It shall be unlawful for anyone to light or cause to be lighted any fireworks or other combustible material within any such stand or within twenty (20) feet thereof. (d) All weeds, grass, et cetera., must be removed from around any temporary structure for a distance of at least thirty (30) feet. (e) No person shall cause, suffer or permit any rubbish to accumulate in any premises where any fireworks are stored or sold. -4- (f) The applicant for a permit to sell safe and sane fireworks at retail shall at the time of application furnish proof that he carries compensation insurance for his employees a.s provided by the laws of the State of California.. Section 11. (a) Any person planning to make a public display of fireworks shall first make written application for a permit to the City Manager at least ten (10) days in advance of the date of the proposed display. (b) It shall be the duty of the City Manager to make an investigation and submit a report of his findings and. recommenda- tions for or against the issuance of the permit, together with his reasons therefor, to the City Council. The City Council shall have power in its discretion to grant or deny the application. Section 12. (a) The applicant for such public display permit shall at the time of application, furnish proof that he carries compensation insurance for his employees as provided by the laws of the State of California, and that he has filed with the City Clerk of the City of Lynwood a bond with at least two good and. sufficient sureties to be approved by the City Council of the City of Lynwood in the sum of not less than One Thousand Dollars ($1000.00) conditioned upon the applicants payment of all damages to persons or property which shall or may result from or be c used. by such public display of fireworks, or any negligence on the part of the applicant or~his or its agents, servants, employees, or subcontractors in the presentation thereof; or a certificate evidencing the carrying of appropriate public liability insurance issued by an insurance carrier authorized to transact business in the State of California for the benefit of the person named. therein as assured, as evidence of ability to respond in damages in at least One Thousand Dollars ($1000.00), said policies to be similarly approved. If the permit is granted the sale, possession, and use of fireworks for the public display is lawful £or that purpose only. -5- (b) The City Manager shall adopt reasonable rules and regulations for the granting of permits for, and the presentation of public display of fireworks. Every such display shall be hendled or supervised. by a competent and experienced pyrotechnic operator approved by the City Manager. All public displays of fireworks shall be of such a character and so located, discharged, or fired as not to be hazardous or dangerous to person or property. Section 13., No permit issued under this ordinance shall be transferable Section 14. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding Five Hundred dollars ($500.00) or by imprisonment in the City or County Jail for a term not exceeding one hundred and eighty days (180) or by both such fine and imprisonment. Section 15. This ordinance is urgently required for the immediate preservation of the public peace, health, and safety of the City of Lynwood and shall~be in effect immediately upon adoption. The following is a specific statement showing the emer- gency of this ordinance: The City of Lynwood at present has no regulations governing the sale and display of fireworks and this ordinance is needed. to provide the necessary regulation in view of the approaching Fourth of July-holiday season. Section 16. The City Clerk shall certify to the adoption of this ordinance and. cause the same to be published in the Lynwood Press, a newspaper printed., published, and circulated. in the City of Lynwood.. First read at a. regular meeting of the City Council of said City held on the 3rd d.ay of May, 1955, and. finally adopted and ordered published. at a regular meeting of said Council held on the 17th day of May, 1955, by the following vote: -6- Ayes Noes: Councilmen Bruner, McMeekin, Pearson, Pender, Willard. Councilmen None. Absent: Councilmen ,. ` ATTEST: C E , STATE OF CALIFORNIA ) COUNTY OF LOS ANGELESo ss. CITY OF LYNWOOD ) I, the undersigned, City Clerk of the City of Lynwood., and ex--officio clerk of the Council of said City, do hereby certify that the above is a. true and correct copy of Ordinance No. 627 adopted by the City Council of the City of Lynwood and. that same was passed on the date and. by the vote therein stated. ' Dated this 18ich rl w yr n~ &IA V 7 Q ~i 4'i