HomeMy WebLinkAboutORD 397ORD 397ê79wU ×P ë Û
ORDINANCE NO. 397
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK, ADDING
SECTIONS 3150 THROUGH 3157, INCLUSIVE,
TO THE BALDWIN PARK MUNICIPAL CODE,
AND REPEALING SECTIONS 3100.1201
THROUGH 3100.1213, INCLUSIVE, OF SAID
CODE, ALL RELATING TO FIREWORKS PERMITS,
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES
ORDAIN AS FOLLOWS:
SECTION 1. That Sections 3100.1201 through 3100.1213
of the Baldwin Park Municipal Code are hereby repealed and
rescinded.
SECTION 2. That Sections 3150 through 3157, inclusive,
are hereby added to the Baldwin Park Municipal Code and
shall read, respectively, as follows:
SECTION 3150. DEFINITIONS. The following
words and phrases, as used in this Part, shall be
defined as follows:
a) Dangerous Fireworks". Dangerous
fireworks shall be defined as set forth in
Section 12503 of the Health and Safety Code
of the State of California.
b) Fireworks". Fireworks shall be
defined as set forth in Section 12502 of
the said Health and Safety Code.
c) Fireworks Stands." Fireworks
stands shall mean temporary structures to
be used exclusively for the sale of safe
and sane fireworks operated by qualified
organizations having a permit issued
pursuant to this Part.
d) Organization." Organization
shall mean any non-profit organization,
corporation, or association, organized
primarily for veteran, patriotic, welfare,
civic betterment, religious or charitable
purposes.
dt e) Permit." Permit shall mean a
validly issued permit allowing a qualified
X25; c~ organization to conduct the sale, to the
members of the general public, of safe and
z 5 sane fireworks.
2
4 f) Safe and Sane Fireworks." Safe
0 and sane fireworks shall be defined as set
a forth in Section 12504 of the said Health
y and Safety Code."
ORD 397ê79wU ×P ë Û SECTION 3151. DANGEROUS FIREWORKS
PROHIBITED. No person shall sell, offer to sell,
or have in his possession, any dangerous fire-
works within the City."
SECTION 3152. SAFE AND SANE FIREWORKS.
SALE OF. No person shall sell or offer to sell
any safe and sane fireworks, without first
obtaining a permit therefor, in the manner herein-
after set forth in this Part."
SECTION 3153. SAME. APPLICATION FOR PERMITS.
Applications for permits shall be accepted only
from qualified organizations, as described in
Section 3150 hereof, and shall be in writing,
upon the form prescribed therefor by the License
Collector of the City. Said application shall
be submitted to the License Collector on or
before the first day of May of any calendar year.
Said application shall contain the following
information:
a) The exact location of the
stand, as proposed, together with the
written permission of the owner of the
property, if the property is not owned
by the applicant; and
b) The name and location of the
principal place of business of the
organization and the principals thereof;
and
c) Such other information as may
be required by the License Collector."
SECTION 3153. SAME. FEES. Each application
shall be accompanied by a fee, in the form of a
cashier's check, or cash, in the amount of $ 200.00
If the permit for which such fee is charged is not
issued, one-half of said fee shall be refunded to
the applicant."
SECTION 3154. OPERATION OF STAND. All
permitted fireworks stands shall be operated in
accordance with the following terms and conditions:
a) No person other than the
licensed organization shall operate the
stand for which the permit is issued; and
b) No person other than individuals
who are members of the licensed organization
shall participate in the operation of the
stand, nor shall any person under the age
of eighteen 18) years participate in the
operation of such stand; and
ORD 397ê79wU ×P ë Û c) No person shall be paid any
compensation for selling or otherwise
participating in the sale of fireworks
at such stand; and
d) No stand shall be located
within 10 feet of any other building or
within 100 feet of any gasoline service
station, or other use which involves the
use or storage of any inflammable liquid
or material; and
e) Fireworks stands need not
comply with the provisions of the Building
Code of the City, provided that all such
stands shall be erected under the super-
vision of the Building Inspector who
shall require that the same be constructed
in a manner which will reasonably insure
the safety of the attendants and patrons
thereof; and
f) Wo.stand shall have a floor
area in excess of 250 number of square
feet; and
g) Each stand shall have at least
two usable exits; each stand in excess of
40 feet in length shall have at least
three usable exits. In no case shall the
distance between exits exceed 20 feet; and
h) Fireworks stands shall be pro-
vided with two fire extinguishers of a
type and size approved by the Fire Depart-
ment; and
i) Fireworks stands shall be located
not less than 500 feet apart; and
j) All weeds and other combustible
material shall be cleared from the location
of the stand, including a distance of at
least 25 feet surrounding the stand; and
k) NO SMOKING" signs shall be
prominently displayed on the exterior
of each fireworks stand; and
1) Each stand shall have an adult
in charge thereof, at all times when the
stand is open for the sale of fireworks; and
m) Fireworks shall not be sold prior
to 12:00 o'clock noon on the 28th day of
June, and such sale shall cease at 12.00
o'clock midnight on the 5th day of July
each calendar year; and
ORD 397ê79wU ×P ë Û n) All unsold stock and accompanying litter shall be
removed from the stand and from the City limits by 12:00
noon on the 6th day of July of each calendar year; and
o) Each fireworks stand shall be removed from its
temporary location no later than 12:00 noon on the 6th day of
July of each calendar year, and all accompanying litter shall
be cleared from the said location by the said time and date;
and
p) To insure compliance with sub-paragraphs n) and o)
hereof, prior to the issuance of any permit, the applicant
shall deposit a cashier's check, or cash, with the License
collector, in the amount of $200.00; said deposit shall be
refunded upon such compliance."
SECTION 3155. SMOKING NEAR STANDS. No person shall light or
cause to be lighted or permit to be lighted any fireworks or other com-
bustible material, nor shall any person smoke within such stand or
other places of sale or within 25 feet thereof."
SECTION 3156, SAME. INSURANCE, Prior to the issuance of
any fireworks stand permit, the applicant shall file with the License
Collector, a policy of liability insurance in minimum coverage amounts
of $50,000 PL) and $100,000 PD) or a certificate of insurance. Said
policy shall name the City of Baldwin Park as a co-assured."
SECTION 3157. SAME. CITY COUNCIL ACTION, All applications
for fireworks stands and public fireworks displays shall be referred to
the City Council for approval, conditional approval or denial. The
City Council shall deny any fireworks stand permit, if it finds that the
public safety is, or would be, jeopardized by the issuance thereof.
The decision of the Council shall, in all cases, be final and conclusive."
SECTION 3. That the City Clerk shall certify to the adoption
of this ordinance and cause the same to be published th the manner prescribed
by law.
PASSED AND APPROVED this 17thday ofFebruary 1965.
ATTEST. Z~ Charles E. Morehead, Mayor
Th_elma L. Balicus-Ciittyy Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS.
CITY OF BALDWIN PARK
I, THELMA L. BALKUS, City Clerk of the City of Baldwin Park,
do hereby certify that the foregoing Ordinance No. 397 was regularly intro-
duced and placed upon its first reading at a
regular meeting
of the City Council on the- 3rd day of_ February 1965. That,
thereafter, said ordinance was duly adopted and passed at a
regular meeting of the City Council on the
1965, by the following vote: 17th day of February
AYES: COUNCILMEN GREGORY, MCCARON, ADAIR, CRITES AND MAYOR MOREHEAD
NOES: COUNCILMEN NONE
ABSENT: COUNCILMEN NONE
Thelma L. Balkus, City Clerk
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