HomeMy WebLinkAboutORD 004ORD 004ê79wS ×P ë ê ORD. No. 4
AN ORDINANCE OF T_ CITY COUNCIL OF THE CITY
OF BALDVI N P.'1RK u MDING ARTICLE 1, CHAPTER
1 OF ARTICLE III OF TFD' BALL4dIM PARK MUNICI-
PAL CODE,
TIE CITY COUNCIL OF TEL; CITY Ova BALTIP' PARK DOES ORDAIN
AS FOLLOWS:
rticle 1, Chapter 1 of Article III of the Baldwin Park Municipal Code
is hereby amended to read as follows:
Section 1.
3100. Fireworks Definition. The term fireworks" as used
in this Article shall be construed to include blank cartridges, toy pistols,
toy cannons, toy canes, or toy guns in which explosives are used, fire bal-
loons 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 candles, Daygo bombs, sparklers, or other
fireworks of like construction and any fireworks containing any combustible
or explosive substance for the purpose= of producing a visible or audible
effect by combustion, explosion, deflagration, or detonation, but does not
include toy pistols, toy canes, 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.
3100.1. Dangerous Fireworks. Dangerous fireworks" includes
any of the following:
Pyrotechnics or fireworks containing phosphorous, sulphocyanide,
mercury, magnesium, potassium picrate, aallic acid, chlorate of
potash and sulfur or chlorate of potash and sugar;
Firecrackers, salutes and other explosive articles of similar
nature;
Blank cartridges;
Sky rockets, including all devices which rise in the air during
discharge;
Roman candles, including all devices which discharge balls of
fire into the air;
Chasers, including all devices which dart or travel about the
surface of the ground during discharge;
Snakes, boa constrictors and snake nests, containing bichloride
of mercury;
Sparklers more than 10 inches in length or one-fourth of one
inch in diameter;
All articles for pyrotechnic display, which contain gunpowder;
Articles commonly known as son-of-a-gun, devil-on-the-rock,
crackit sticks and automatic torpedoes which contain arsenic;
Explosives known as devil-on-the-walk, or any other article of
similar character which explodes through means of friction, and all
other similar fireworks, unless otherwise designated;
ORD 004ê79wS ×P ë ê OitD. NO.
Toy torpedoes of all kinds;
All pyrotechnic devices having a side fuse;
Fire balloons or balloons of any type which have burning material of any
kind attached thereto;
Such other fireworks as may be designated as dangerous by the State Fire
Marshal with the advice of the State Fire Advisory Board.
3100.2. Safe and Sane Fireworks. Safe and sane fireworks" as used in
this article shall be construed to include any fireworks not designated as
Dangerous Fireworks", except that in all cases only end fuses may be used.
3100.3 Public display of fireworks means an entertainment feature
where the public is admitted or permitted to view the display or discharge
of dangerous fireworks.
3101. Fireworks Discharging. No person, without securing a permit,
shall do any of the following:
a) Manufacture, import, export, possess or sell any fireworks at
wholesale or retail for any use;
b) Discharge dangerous fireworks any place;
c) Make a public display of fireworks;
d) Transport fireworks except as a public carrier and as an indi-
vidual for the separate and private use of such individual;
6) No fireworks shall be set off, fired or discharged between
midnight of July 4 and midnight of July 3 of the next succeeding year.
3102. Application for Permit. Any adult person or other group
desiring to do any act mentioned in Section 3101 shall first make written
application for a permit to the Chief of the Police Department. Appli-
cation for permits shall be made in writing at least ten(10) days in ad-
vance of the proposed display.
3103. It shall be the duty o£ the officer to whom the application for
a permit is made to make an investigation and submit a report of his
findings and his recommendation for or against the issuance of the permit
to the City Council.
3104. The City Council shall have power, at its discretion, to grant
or deny the application subject to such reasonable conditions, if any,
as it may prescribe.
3105. In the case of an application for a permit for the public
display of fireworks, the permitee shall furnish a surety bond of not
less than Ten Thousand Dollars $10,000.00) and the amount of the in-
surance shall not be less than Twenty Thousand Dollars 20,000.00)
all as provided by Section 12608 of the Health and Safety Code of the
State of California.
ORD 004ê79wS ×P ë ê ORD. NO.
3106. Any applicant granted a per-ait shall comply with the
provisions of tine i?ealth and Safety Code of the State of California.
3107. A license fee of Ten Dollars 10.00) per day shall
be charged for any person holding a permit under the provisions of
this Article. In the event any applicant for a permit to sell fire-
works uses the net profit received from such sale or distribution
for bona fide charitable purposes, the City Council may waive the
license fee therefor.
3108. No sale or distribution of fireworks shall be permit-
ted before the 27th day of June or after the 4th day of July of
each year.
3109. Transfer or Revocation. The permit required to sell
or distribute fireworks shall not be transferable and may be revoked
by the City Council at any time if, in the opinion of the City Council,
the holder thereof has violated the provisions of this Article or is
doing or permitting anything to be done in connection with tine business
that is likely to be dangerous to persons or property.
3110. Storage or Sale Within Buildings. No fireworks shall
be sold from or stored within a building within the City, except that
fireworks may be sold or stored within a temporary sales structure.
3111. TeTemporary Sales Structures. Temporary structures shall
be maintained in accordance with the following provisions:
a) Organizations requesting permission to erect a stand shall
furnish the city certificates of insurance for public liability,
property damage and workaen's compensation, prior to the erection of
the stand.
b) Organizations shall furnish a cash deposit of two hundred
dollars 200.00) to the city to guarantee that the premises shall be
left in a satisfactory condition.
c) Stands shall have exits at least thirty inches in width
at both ends of the structure and one thirty-inch exit every twelve
feet on the rear wall of the structure. No supplies or other materials
shall be stored. in front of exit doors. Exit doors shall open outward
from the stand.
d) Stands shall be of good or mtal construction, built with
solid roof, rear wall and e The front shall be of solid wood or
metal three feet six inch:;:: in height from ground level to the display
shelf.
The display shelf shall have a panel of unbreakable or wire
mesh glass a dnimiam of twenty-four inches in height between the
public and the display of fireworks.
e) There shall be at least one supervisor, twenty-one years
of age or older, on duty at all times. No persons under eighteen
years of age shall b e allowed in the stand at any time.
ORD 004ê79wS ×P ë ê ORD. NO.
f) No person employed as a ratchman shall be permitted to
remain inside of any stand when it is not open for business.
g) NO STi0KING" signs shall be prominently displayed both
inside and outside of the structure.
h) Each stand shall be provided with two two and one-half
gallon soda and acid" type fire extinguishers in good working condi-
tion and easily accessible for use in case of fire, and such other
first aid or fire fighting equipment as required by the Chief of the
Police Department.
i) The premises occupied shall be cleared of all structures
and debris within seventy-two hours after midnight of July 4th, to
the satisfaction of the Police Chief, under penalty of forfeiture of
the cash deposit to defray cost of cleanup or removal.
j) No stand shall be located within twenty-five feet of any
building nor within one hundred feet of a gasoline service station.
k) Not more than six stands will be allowed to be located with-
in the City.
3112. All provisions of this Chapter shall be carried out and
enforced, in conjunction with the law enforcement agency of the
City of Bald-win Park,. by the Los Angeles County Fire Department, and the
Consolidated Fire Protection District. The general supervision of
conditions and equipment which aid in control of fire, conditions con-
stituting fire hazards or danger to life or property, and the abate-
ment or minimizing of such fire hazards or dangerous conditions shall
be the responsibility of the Los Angeles County Fire Department and
the Consolidated Fire Protection District.
SECTION. 2. Any Section of Article 1, Chapter l, Article III not
in conformity herewith is hereby revoked.
ORD 004ê79wS ×P ë ê o~~D. No. l~
This Ordinance is hereby declared tc be for the immediate
preservation of public peace, health and safety. A declaration
of the facts constituting its urgency is as follows:
The City of Baldwin Park was incorporated on January 25, 1956.
Prior to that time the area encompassed in said city was governed
by the ordinances of the County of Los Angeles. Upon the incorpor-
ation of said city said ordinances no longer had any effect upon
or application to persons or property within the City of Baldwin
Park. It therefore was necessary to immediately enact Ordinance
No. 1 in order to prevent complete chaos within the City of
Baldwin Park as there would have been no restraint upon persons
in respect to any of their personal actions or in regard to the
use of their property. This Ordinance, as amending and adding to
Ordinance No. 1 must for the sane reasons take effect immediately;
to wait the thirty-day period would cause chaos within the City of
Baldwin Park as there would be no restraint upon persons in regard
to arty of their personal actions or in regard to the use of their
property.
The City Clerk shall certify to the adoption of this Ordinance
and shall casue the sa:-:ie to be published or posted in the manner
required by law, and this Ordinance shall take effect immediately
upon its adoption.
PASSED AND APPROVED this 141 day of 1956.
May w
ATTEST:
ity Clerk
CERTL'ICATION
STATE OF CALIFOR14IA
COUNTY OF LOS ANGEL'S ss
CITY OF BALDWIN PAM.
I, Elmer Cook, being the duly elected and qualified Clerk
of the City of Baldwin Park, hereby certify that the foregoing
Ordinanc was introduced at the meeting of the City Council held
on the Cday of 1956, and that the same was
read in full and w9sduly aaddoo`p`t6d as an urgency measure.
Seal) City Clerk
ORD 004ê79wS ×P ë ê ORD. NO. L
A IiIDAVIT O POSTING BY CI'T`Y CLERK
STATE OF CALIFORNIA
COUNTY Or LOS ANGLES ss
CITY OF BALD1,,JIN PARK
Elmer Cook, being duly sworn, deposes and says:
That I am the duly elected and qualified City Clerk of the
City of Baldwin Park; that on the lbth day of Februa 1956 I
caused to be posted in three conspicuous places a copy o Ordinance
No. 4 as required by law and the Baldwin Park Municipal Code.
r Cook
Subscribed and sworn to before me
this day of,,/-': 195 1
/- EVA ELDER ON
and State. MY cemmisrfn jrpgp vWd 5, so
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