Loading...
HomeMy WebLinkAbout180 - Regulating Fireworks (Repealing Portions of Ord. 160)CPDINJ0CE NO. �Q AN ORDINANCE OF THE CITY OF COSTA MESA, CALIFM.NT.A, REGULATING THE SALE OF FIR94ORKS WITTiIN THE CITY OF COSTA. MESA AND REPEALING THOSE PC7RTIM OF ORDINANCE N0. 160 IN CONFLICT THEREWITH The City Council of the City of Costa Mesa, California, does hereby ordain as fol7. aws : - SECTION 1. SALE; OF FIREWORKS PROHIBITED. No person, firm or corpora- tion shall sell or offer for sale any fire works within the City of Costa Mesa. SECTION 2. EXC?,PTION. Notwithstanding the provisions of Section 1 hereof the City Council may issue permits to charitable, civic or patriotic or- ganizations located within the area providing that all of the funds derived from the sale of fireworks are to be used for charitable purposes and Frov:i.d',�d further that only one permit shall be granted to each such organization. SE0,TION 3. APPLICATION FOR PM.1IT. Application for such permit by said charitable, civic or patriotic organization shall be made in writing, filed with the City Council, and shall state the name of the organization, its address, the location of the proposed stand and a signed statement setting forth the pro- posed distribution of a1.1 the net proceeds to be derived from the sale of such firFv. orks. permit. SErTION 4. FEE. No fee shall be charged for the expense of such SECTION 5. REGULATIONS. All stands for the display and sale of fire- works shall be locared, maintained and operated subject to the following provis- ions: a) Any organization described above operating any such fireworks stand shall abide by and comply with all matters set forth in the application for perr(dt to operate the same and all. conditions and restrictions imposed by the City Council in granting the penTLit, b) Prior to the erection of any such temporary stand, the permittee, shall post with the City a cash deposit in the sum of Fifty Dollars ($50.00) to -1- 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 7th of the year for which such perrrii.t is granted. If such temporary stand, equipment and all rubbish and debris ars: removed by the permittee as aforesaid, the said cash bond shall thereupon be returned to per- mittee. c) Prior to the erection of any such stand, the permittee shall pro- cure public liability and property insurance covering its operations in and about the said stand and premises in a minimm amount of $25,000.00 for, death or injury of one person $50.,000.00 for death or injury of more than one person, and $5,000.00 property damage, and shall file a certificate of such insurance with the City Clerk. d) No such stand shall be erected within one hundred (100) feet of any gasoline service station or of any garage, nor within twenty-five (25) feet of any other structure. e) There shall be maintained in each premises or stand within which fireworks are sold or offered for sale a fire extinguisher approved by the Chief of the Fire Department. f) No person shai7light or cause or permit to be lighted any fire- cracker, fireworks or other combustible article within any such stand or within twenty --five (25) feet thereof. g) All such temporary stands shall be constructed in accordance with any specifications required by the Fire Chief and the Building Department of the City of Costa Mesa for the protection of life and property, including but not limited to the requirement of. posting "No smoking" signs and the installation of wire netting around the stand. h) All temporary stands for the sale of fireworks shall obtain an electrical permit from the City of Costa Mesa prior to the installation of any electrical work. i) No are or Klieg light shall be located within seventy-five (75) feet of any temporary stand selling fireworks. -2- SECTION 6. DANGEROUS FIREWORIZ. No fireworks shall be sold or offered for sale within the City which aro classified as "dangerous fireworks" as that term is defined by the Health and Safety Code of the State of Califor- nia, nor shall any person be allowed to sell or offer to sell., within the city, fireworks without .first having obtained a permit from the State of California, as required under the laws of the State of California. SBCTION 7. PENALTIES. Any person who violates any of the provisions of this ordinance shall_ w, guilty of a misdemeanor and shall be punishable by a fine not to exceed $300.00 or by imprisonment in the City or County Jail not to exceed six months, or by both such fine and imprisonment. STUTION 6. Article I of Ordinance ##160 of the City of Costa Mesa, California, is hereby repealed. SECTION 9. ENACTMENT. This ordinance shall take effect and be in full force and effect thirty (30) days after its passage, and prior to the ex- piration of fifteen (15) days from its passage shall. be published once in the Costa Mesa Globe Herald, a newspaper of" general circulation, printed and publish- ed in the City of Costa Mesa, together with the names of members of the City Council. voting for and against the same. sNT%. L et PASSIM AND ADOPTED this 3.4 day of hygmmtt, 1957. of e City of Costa Mesa ATTEST: City Clerk of the City of Costa Mesa. STATE OF CALDKWTA COUNTY OF ORANGE SS. I, A. C. SWARTZ, City Clerk of the City of Cos ca Mesa and ex -officio Clerk of the City Council, do hereby certify that the above and foregoing Ordinance No. 180 was read in full and considered section by section at a regular meeting of the City Council of the City of Costa Mesa, held on the 19th day of August, 1957, and thereafter passed and adopted as a whole at a regular meeting of the said City Council held on the 3rd day of September, 1957, by the following roll -call vote, to -Wit: / COUNC] ITV �dm� �l� le, w • S/ ' � [1 �r A _- -14 e ,(o Ia COUNCILMEN COUNCILMEN AI/&n C. AXES: NOES : ABSENT: IN k'ITNESS WINLISOF, I have hereunto set my hand and affixed the official seal of the City of Costa Masa this lith day of September, 1957. C3. y k er an ex -officio Clerko e City Council of the City of Costa Mesa. /� JPS epu y LEGAL NOTICE ORDINANCE NO. 160 AN ORDINANCE OF THE CITY OF COS- TA MESA REGULATING THE SALE OF FIREWORKS AND CHRISTMAS TREES WITHIN THE CITY OF COSTA MESA, AND REPEALING ORDINANCE No. 50 OF THE CITY OF COSTA MESA. The City Council of the City of Costa Mesa does ordain as follows: ARTICLE I. FIREWORKS. SECTION 1. PERMITS REQUIRED. No person, firm or corporation shall sell or offer for sale any fireworks within the City of Costa Mesa without first obtaining a permit from the City Council, as here- inafter provided. SECTION 2. LOCATION OF FIRE- WORKS STANDS. All sales of fireworks shall be located in temporary stands con- structed in accordance with the provisions of this ordinance. SECTION 3. APPLICATION FOR PER- MIT. Applications for permit to sell fire- works shall be made in writing, filed with the City Council, and shall state the name of the applicant, his address, the location of the proposed stand, the name of the persons who will actually operate the stand on behalf of applicant, a clear- ance from the Fire Department and the Building Department and, in the case of non-profit charitable, civic or patriotic club or organization, an account of the proposed disposition of the proceeds of the fireworks sold. SECTION 4. PERMIT FEE. The appli- cation shall be accompanied by a filing fee, made payable to the City of Costa Mesa, in the sum of Ten Dollars ($10.00). SECTION 5. REGULATIONS FOR TEM- PORARY 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 matters set forth in the application for per- mit to operate the same and all conditions and restrictions imposed by the City Coun- cil in granting the permit. (b) Prior to the erection of any such temporary stand, the permittee shall post with the City a cash deposit in the sum of Fifty Dollars ($50.00) 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 7th of the year for which such permit is .granted. If such temporary stand, equipment and all rubbish and debris are removed by the permittee as aforesaid, the 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 operations in and about the said stand and premises in a minimum amount of $25,000.00 for death or injury of one per- son, $50,000.00 for death or injury of more than one person, and $5,000.00 property damage, and shall file a certificate of such insurance with the City Clerk. (d) No such stand shall be erected within one hundred (100) feet of any gasoline service station or of any garage, nor with- in twenty-five (25) feet of any other struc- ture. (e) There shall be maintained in each premises or stand within which fireworks are sold or offered for sale a fire extin. guisher approved by the Chief of the Fire Department. (f) No person shall light or cause or permit to be lighted any firecracker, fire. works or other combustible article within any such stand or within twenty-five (25) feet thereof. (g) All such temporary stands shall be constructed in accordance with any speci- fications required by the Fire Chief and the Building Department of the City of Costa Mesa for the protection of life and property, including but not limited to the requirement of posting "No Smoking" signs and the installation of wire netting around the stand. (h) All temporary stands for the sale of fireworks shall obtain an electrical per- mit from the City of Costa Mesa prior to the installation of any electrical work. (i) No are or Klieg light shall be lo- cated within seventy-five (75) feet of any temporary stand selling fireworks. SECTION 6. DANGEROUS FIREWORKS. 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 per- son be allowed to sell or offer to sell, with. in the city, fireworks without first having obtained a permit from the State of Cali- fornia, as required under the laws of the State of California. SECTION 7. Ordinance No. 50 of the City of Costa Mesa is hereby repealed. ARTICLE II CHRISTMAS TREES. SECTION 1. PERMIT REQUIRED. No person, firm or corporation shall set up or offer for sale any Christmas trees within the City of Costa Mesa without first obtaining a permit from the City Council as hereinafter provided. SECTION 2. PERMIT EXCEPTIONS. Nothing in this ordinance shall be con- strued to require any established retail place of business within the City of Costa Mesa from selling or offering for sale Christmas trees, either in the business establishment or on the same premises, and the permit provisions of this ordinance shall not apply thereto. SECTION 3. APPLICATION FOR PER- MIT. All applications for permits shall be made in writing, filed with the City Coun. cil, and shall state the name of the appli- cant, his address, and the location of the proposed stand. The application shall be ac• companied by a clearance from the Fire Chief as to fire regulations and by a clearance from the Building Department as to the proposed electrical installation, if any. SECTION 4. PERMIT FEE. Each appli- cant shall pay a fee in the sum of Ten Dollars ($10.00), covering costs of filing and inspections. SECTION 5. DURATION OF PERMIT. DEPOSIT. Prior to the granting of the permit, the applicant shall post with the Department of Finance of the City a cash deposit in the sum of Fifty Dollars ($.10.00) which shall be forfeited to the City in the event that the permittee does not thoroughly clean the premises and re- move all trees, rubbish and debris there. from on or before January 2nd following the issuance of the permit. If such pre. mises are thoroughly cleaned, all trees, rubbish and debris so removed as afore. said, the said cash deposit shall be re- turned to the permittee. ARTICLE III PENALTY AND ENACTMENT SECTION 1. PENALTIES. Any person who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and shall be punishable by a fine not to exceed $300.00 or by imprisionment in the City or County Jail not to exceed six months, or by both such fine and imprison- ment. SECTION 2. ENACTMENT. This ordin- ance shall take effect and be in full force and effect thirty (30) days after its pass- age, and prior to the expiration of fifteen (15) days from its passage shall be pub- lished once in the Costa Mesa Globe Her- ald, a newspaper of general circulation, printed and published in the City of Costa Mesa, together with the names of mem- bers of the City Council voting for and against the same. Passed and adopted this 20th day of May, 1957. C. M. NELSON Mayor of the City of Costa Mesa ATTEST: A. C. Swartz City Clerk o5 the City of Costa Mesa STATE OF CALIFORNIA) )ss. COUNTY OF ORANGE) 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, do hereby certify that the above and fore. going Ordinance No. 160 was duly and regu. ;arly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting thereof held on the 20th day of May, 1957, by the following roll call vote: AYES: COUNCILMAN Martin, Pinkley, Smith, Meyers, Nelson NOES: COUNCILMEN — None ABSENT: COUNCILMEN — None IN WITNESS WHEREOF, I have here. unto set my hand and affixed the official seal of the City of Costa Mesa this 21st day of May, 1957. A. C. Swartz City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa Published Costa Mesa Globe Herald May 24, 1957, Costa Mesa, Calif. B-99