HomeMy WebLinkAbout367 - Regulating the Sale of FireworksORDINANCE NO. 367
AN ORDINANCE OF THE CITY OF C7OSTA MESA,
CALIFORNIA$ REGULATING THE SALT OF FIRE-
WORKS IN THE CITY.
THE CITY COUNCIL OF THE CITY OF COSTA MSA DOES ORDAIN
AS FOLLOWS:
Section 1. There is hereby added to the Municipal Code of
the City of Costa Mesa Article 5 of Chapter VI as follows$
ARTICLE 5
Fireworks
Sec. 6500 Definition of Fireworks.
Sec. 6500.1 Fireworks.
"Fireworks" means blank cartridges, toy pistols, toy cannons,
toy canes, or toy guns in which explosives are used, fire balloons
(balloons of a type which have burning material,of any kind attached
thereto or which require fire underneath to propel them), firecrackers,
torpedoes, sky rockets., Roman candlest Daygo bombs, sparklers$ or other
fireworks of like construction and any fireworks containing any com-
bustible or explosive substance for the purpose of producing a visible
or audible effect by combustion$ explosion,, deflagration, or detona-
tion, but does not include toy pistols, toy canesy, toy guns, or other
similar devices in which paper caps containing not more than twenty-
five hundredths (.25) grain of explosive compound per cap are used.
Sec. 6500.2 Dangerous Fireworks.
Every fireworks article which does not bear the "safe and sane"
classification label of the State Fire Marshal shall be considered to
be dangerous fireworks.
Sec. 6500.3 Safe and Sane Fireworks.
"Safe and Sane" fireworks shall include only those fireworks
articles that have been classified and registered as "safe and sane"
by the State Fire Marshal.
Sec. 6501 Permit Required.
No person,, firm or corporation shall sell or offer for sale
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any fireworks within the City of Costa Mesa without first obtaining
a permit from the City.
Sec, 6501.1 Persons Eligible.
A fireworks permit shall be issued only to such applicants
who meet both the following qualifications:
(a) A non-profit, charitable$ religious or eleemosynary
corporation or association organized and existing primarily for
veteran, patriotic, religious, charitable or civic betterment
purposes; and
(b) Said corporation or association has its principal and
permanent meeting place in the City of Costa Mesa and has been
organized and established in said City for a period of at least one
year prior to the date application is made for a permit.
Sec. 6502 Application Requirements,
Each applicant for a permit shall file his application with
the Department of Finance. Each application shall show the following:
(1) Name and address of applicant.
(2) The applicant's status as a non-profit, charitable,
religious or eleemosynary corporation or association.
(3) The purpose for which the applicant is primarily existing
and for which it was organized.
(4) The names and addresses of the officers, if any, of the
applicants
(5) The location where the applicant will sell fireworks.
(6) When the applicant was organized and established.
(7) The location of the applicant's principal and permanent
meeting place,
(8) The name, address, and State Fire Marshal's License Number
of any wholesaler or distributor from whom the retailer proposes to
purchase fireworks for re -sale.
(9) The applicant's State Board of Equalization Sales Tax
Permit Number.
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(10) The manner} method and times) when and how the applicant
proposes to sell "safe and sanest fireworks.
(11) Such other information as the Director of Finance may
require to make his investigation.
Sec. 6502,1 Time for Filing: Duration.
An application shall be filed on or before June 1 of the
calendar year for which the permit is sought,) except for the year
1961, for which year the application may be filed on or before June 15.
Any permit issued shall be valid only for the premises or location for
which issued) shall not be transferable, assignable or renewable, and
shall be valid only for the dates specified in the permit,
Sec. 6502.2 Location A proval,
Before granting the permit the Director of Finance shall obtain
clearance of the location from the Fire Department of the City of
Costa Mesa,
Sec, 6503 Issuance of Permit.
The Director of Finance shall, on satisfying himself that the
applicant qualifies under the provisions of this Article) grant a
permit,
Sec, 6504 Permit Pee.
The fee for the issuance of the permit shall be the sum of
Ten ($10.00) Dollars.
Sec. 6505 Regulations for Temporary Stands.
All temporary stands for the display and sale of fireworks
shall be located, maintained and operated subject to the following
provisions:
(a) Any person operating any such stand shall abide by and
comply with all the matters set forth in the application for permit to
operate the same and all conditions and restrictions imposed by the
City Council in granting the permit.
(b) Prior to the erection of any temporary stand the permittee
shall post with the City a cash deposit in the sum of Fifty ($50.00)
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Dollars to be forfeited to the City in the event that the permittee
does not remove said stand, equipment and rubbish from the premises
upon which the stand is located before midnight of July 7 of the year
for which said permit is granted, The Fire Department shall make an
inspection and if all equipment, rubbish and debris are removed by
'the permittee as aforesaid, the Fire Department shall notify the
Director of Finance and said cash bond shall thereupon be returned
to permittee.
(c) Prior to the erection of any such stand the permittee
shall procure public liability and property insurance covering its
operation in -and about said stand and premises in a minimum amount
of $100)000,00 for death or injury to one person, $30.0,000.00 for
death or injury of more than one person and $25,000,00 property
damage, and permittee shall file a certificate of such insurance with
the City Clerk,
(d) No fireworks display or sale stand shall be erected
within one hundred (100) feet of any gasoline service station or any
garage nor within thirty-five (35) feet of any other structure.
Minimum setback from the street curbing shall be ten (10) feet.
(e) There shall be maintained in each premises or stand
within which fireworks are sold or offered for sale suitable 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 lighted
any fireworks or any other article or material within any such stand
or within fifty (50) feet thereof.
(g) No smoking shall be allowed in any structure used for the
sale and display of fireworks nor within fifty (50) feet of said
structure. "No Smoking' signs shall be prominently displayed in a
number prescribed by the Fire Chief,
(h) All such temporary stands shall be constructed in accord-
ance with existing City requirements and specifications.
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(i) All temporary stands for the display and sale of
fireworks shall obtain an electrical permit from the City of Costa
Mesa prior to any electrical work,
(j) No arc or Klieg light shall be located within seventy-
five (75) feet of any temporary stand selling fireworks.
(k) Fireworks shall be sold only between the hours of
9;00 a.m. and midnight during the days authorized by the State Fire
Marshal.
(1) Permittee shall strictly comply with all the provisions
of Sections 12600 through 12081 of the Health and Safety Code of the
State of California.
(m) Fireworks shall be stored and kept,only in the permittee's
sale booth. It shall be unlawful to store any fireworks in any
building, residence, garage* home or automobile within the City of
Costa Mesa}
(n) There shall be at least one adult in attendance during
the open or sale hours of the fireworks stand.
(o) The permittee shall provide an adult night watchman to
act and serve during the hours of storage. Under no circumstances
shall the night watchman sleep within the fireworks stand.
(p) No alcoholic beverages shall be allowed on the premises.
(q) All fireworks fuses must be taped.
(r) All permits must be posted in a conspicuous place,
Sec.. 6505.1 Dangerous Fireworks Prohibited,
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 of the State of California, nor shall
any person be allowed to sell or offer .to sell$ within the City, fire-
works without first having obtained a permit from the State of Cali-
fornia, as required under the laws of the State of California,
Section 2. Urgency Ordinance. This ordinance shall take effect
immediately after the date of its adoption, The facts constituting
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the urgency are as follows: The Fourth of July is imminent and the
City has no regulations to protect the public against hazards of
unregulated sale of fireworks within the City.
Section 3. Enactment. This ordinance shall take effect
immediately, and within fifteen (15) days shall be published once in
the GLOBE -HERALD and PILOT, a newspaper of general circulation,
printed and published in the City of Costa Mesa, together with the
names of the members of the City Council voting for and against the
same.
PASSED AND ADOPTED this S t4 day ofyy h .3C , 1961.
:F,V/ ; ffs?"
' «: - Mesa_
ATTEST:
City Cerk of the 01ty of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE SS.
CITY OF COSTA MESA
I, A. C. SWARTZ, City Clerk of the City of Costa Mesa and ex -officio
Clerk of the City Council of the City of Costa Mesa, hereby certify that the above
and foregoing Ordinance No. 3 (, 17 was introduced and considered section by section
at a regular meeting of said City Council on the /4'1"4 day of /7'q 6, ) 19 6 /,
and thereafter passed and adopted as a whole at a regular meeting of said City
Council held on the .J r4 day of ,� , 19 G/ , by the following
roll call vote: (l
AYES: COUNCILMEN
NOES: COUNCILMEN
ABSENT: COUNCILMEN
IN WITNE
of the City of Costa Mesa,
(deal)
this J r4 day ofC%a ., , 19 L /
City Clerk and ex -offs io Clerk of the
City Council of the City of Costa Mesa
Chief Deputy
t
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE 1
1 Wm. Wineska , being first
duly sworn, and on oath depose and say that I am
the Ad wrtising Manager of the
GLOBE -HERALD & PILOT, a newspaper of general
circulation printed and published in the City of
Costa Mesa, County of Orange, State of California,
and that City Ordinance Number 367 _
of which the copy printed hereon is a true and
complete copy, was printed and published in the
regular issue(s) of said newspaper on
June 9
—zea%" ,a�
1961-
-
95,1_
Subscribed on worn to before me this P
day of 19 6
Notary ublic in and for the
County of Orange, State of
- California
ELAINE LEVAND
MY COMMISSION EXPIRES JULY 14, 1964
My.: Commission expires
STATE OF CALIFORNIA ) ,p
COUNTY OF ORANGE t SS.
CITY OF COSTA MESA )
I, A. C. SWARTZ, City Clerk of the City of Costa Mesa and 'e5 off cig,Cterk of the City Council of the
City of Costa Mesa, hereby certify that Ordinance No. 367 was introduced and considered,
section by section, at a regular meeting of the City Council of the City of Costa Mesa, held on the 15:Lh
day of May , 196-1, and thereafter. passed and adopted as a whole at a regular
meeting of said City Council held an the 5th day of June 1q 61 by the
following roll -call vote:
AYES: COUNCILMEN - WILSON. SMITH, PINKLEY MEYERS
NOES: COUNCILMEN
ASSENT: COUNCILMEN -
NONE
I FURTHER CERTIFY that said Ordinance No. 367 was published in the GLOBE -HERALD and
PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the 8th
day of June 196-1.
44iezz' 001,
City Clerk and ex -officio ClaX of the City Council
of the City of Costa Mesa
�' ,<-,-/��
Chief Deputy
-"h—I _— _�_____ b. We permutes
LEGAL NOTI I a Leweamenl as
Fireworks' n.. m .lank ea r1,wh!@: (j natio, ne wY la[al
in -
has
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Whe
liability a i
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W t e e pore
battles I Theren n added t
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Costa Mea. AJmle 5 o[ III V{
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has
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l Lead.deflanryfon. m delopa-
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does
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e. Euns, oa ouM1ea meal,
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fell W the formholo4 provtdoo¢:
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on We 5th day d Jnne. ]961.. by the
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AYES: COUNCILMEN is'eme. saolth
all W@ metiers eel III ea the a
Pinky MCYera.
pllraRod or pVMit b opvaM the
NOES: COUNCILMRN NOn e.
same and all nMltlow and oro Iris-
AIMENTe COUNCELMEN Real
Ones ImpmM by he Gk, f—Eft Or
IT'ROTNE65 WHEREOF.. I .have
{yanlM4the pesmlt.
AeaeunM t y b, mm
461 P.1 to the ereemen d a
"nal$esl Ne City of .Corte h1ua. RE;
..'a, nand Le penvntee Mall
Nh IMF nI Jnne. Tl ".
at M the CRy a c a. a po R in
.. A, E. SWAR'12 "
In. of FIRM IRHAO Lala t be
City CJ 6
)orMltea b on. Clty He to. rat
Clty'Co n
M1at We peeemems dam bad ve
that
.Iti, of
C.YOpYga8��� iNe'H•
ui
W egad, equipment and eubbble from
ErMiMOI -N-.M
M be
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the Froddeea .,a Me. the Mad he
Coen Mee.. Callln Em, # ..at
uT
W
Ile. We- "OR" d Jy ] of
e year Inorell sora ell 0
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_m a amimma. and 11 al egdp
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i`.. LEGAL: NOTICE
NOTICE OF PUBLIC HEARING
4';NOTICE IS HP:REBY GIVEN that a -J
`'"4411c. -hearing will -be held by the City
'x;quoci] of, the City, of Costa Mesa on'.
sal ude 5,, 1961, at .the Council
>k� a e'sts•,`kt- the�City Hall, 695 West
Street Costa Mesa, California,
for ;the,second reading of Ordinance
t.: , 30, declared an Urgency Ordin-
ance, regulating the sale of ,fireworks
In the City nt - Costa Mesa. - --.
. NOTICE ISFURTHERGIVEN that]
at the time ttAnd place above men-
., oned; any and -ell persons interested
ay,appear and lie heard by the City
ouncil of -the City of Costa Mesa on
said Ordinance No. 367.
A. C. SWARTZ
City Clerk of the City of
Costa :Mesa
'
Published, Globe -Herald:. and Pilot,
Costa Mesa, Calif. May 24, 1961 345.61
Authorized to Publish Advertisements of all kinds, including legal notices, by
Decree of the Superior Court of Orange County, California, Number A-6214, dated
6 February, 1958.
STATE OF CALIFORNIA
County of Orange Ss.
I, ...... fli•. 4110..9Nt. ......... ......... . being first duly sworn,
and on oath depose and say that I am thAdVerti. sl:p. $'..
of the Daily Globe -Herald and Pilot, a newspaper of general circulation,
printed and published in the City of Costa Mesa, County of Orange,
State of California, and that a Notice oPubl is .. He''aring .
®r°d�,�T�.1; oe Dumb. .r. ��7 of which
copy attached hereto is a true and complete copy, was printed and
published in the regular issue(s) of said newspaper for ..... I ..........
1�`+eIQ issued of
...'........... .. ................. ..... 196 .
.. , 196
................. ... . .
...................................... I................ , 196 ..
................................. �.-..... ..
•••••. 196 ..
(signed)j..........✓r..!..........
Subscribed .d sworn to before me thisa� day of
196. .
Notary Public in and for the
County of Orange, State of California.
My c°MANN
EWA NT
94Y COMMISSION FXPIRFS II II ' 1"64