HomeMy WebLinkAbout89-07 Changing the Qualifications for Selling FireworksORDINANCE NO.. 89-7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, AMENDING CHAPTER II OF
TITLE 7 AND CHAPTER II OF TITLE 9 OF THE COSTA
MESA MUNICIPAL CODE CHANGING THE QUALIFICATIONS
FOR SELLING FIREWORKS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. The City Council of the City of Costa Mesa does hereby
find and declare as follows:
WHEREAS, the State Fireworks Law, Health and Safety Code Section 12500,
et seq. , authorizes cities to regulate certain aspects regarding the sale,
use, or discharge of fireworks within its jurisdiction; and
WHEREAS, Health and Safety Code Section 12583 requires that no person
under the age of eighteen (18) shall sell, or handle for sale, any classi-
fication of.fireworks; and
WHEREAS., many other.cities in Orange County which allow the sale .of
fireworks have limited issuance of sales permits to locally based groups;
and
WHEREAS, without a restriction, a migration of sellers from other areas
into the,City can be anticipated, resulting in competition with local per-
mittees; and
WHEREAS, amending this Ordinance is necessary for the general health,
safety, and welfare of the citizens of the City of Costa Mesa;
ACCORDINGLY, the City Council of - the City of Costa Mesa herewith amends
Chapter II of Title 7 and Chapter II of Title 9 of the Costa Mesa Municipal
Code:
SECTION 2.
Section 7-45 of Chapter II, Fire Prevention, of Title 7 is hereby
amended to read as follows:
"Section 7-45. Amendments to Article 78 of code, Fireworks.
Section 78.107 Permits for Safe and Sane Fireworks.
No person shall offer for sale any safe and sane fireworks
as labeled by the state fire marshal without a valid permit from
the Costa Mesa Fire Department. Such permits shall be issued
only to those organizations which qualify pursuant to Section
9-181 of the Costa Mesa Municipal Code.
Section 78-108 Requirements for Fireworks Stands.
(1) There shall be at least one (1) adult in attendance
during any open or sale hours of the fireworks stand. No person
under the age of eighteen (18) years, and no person who is physi-
cally or mentally unable to remove himself shall be permitted
within a fireworks stand."
Section 9-181 of Title 9 is hereby amended to read as follows:
"Section 9-181 Permits, issuance.
(a) Permits for the sale of safe and sane fireworks shall be
issued only to bona fide organizations as recognized by the State of
California organized for charitable, fraternal, patriotic service or
religious purposes with their principal and permanent meeting place
within the City of Costa Mesa, and at least fifty percent (500) of the
current members residing within the City limits.
(b) No permit shall be issued unless the director of finance
determines after considering the applicant's qualifications, that they
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meet the necessary standards of personnel and equipment so as to pro-
vide for the health and safety of the citizens of the City of Costa
Mesa."
SECTION 3. This Ordinance shall take effect and be in full force
thirty (30) days from and after the passage thereof, and prior to the
expiration of fifteen (15) days from its passage shall be published once in
the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed
and published in the City of Costa Mesa or, in the alternative, the City
Clerk may cause to be published a summary of this Ordinance and a certified
copy of the text of this Ordinance shall be posted in the office of the
City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to
be published the aforementioned summary and shall post in the office of
the City Clerk a certified copy of this Ordinance together with the names
of the members of the City Council voting for and against the same.
PASSED AND ADOPTED this 20th day of March, 1989.
ATTEST:
C ty Clerk of the City of Costa Me
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Mayor of the Cit,/ f Costa Mesa
APPROVED AS TO FORM
C I TY ATT EY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa, hereby certify that the above and fore-
going Ordinance No. 89-7 was introduced and considered section by section
at a regular meeting of said City Council held on the 6th day of March,
1989, and thereafter passed and adopted as a whole at a regular meeting of
said City Council held on the 20th day of March, 1989, by the following
roll call vote: /
AYES: OOUNCIL MEMBERS: I ; !
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 21st day of March, 1989.
City Clerk and exrofficio Clerk of e
City Council of the City of Costa 64esa
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