HomeMy WebLinkAboutORD 1066ORD 1066 pT3 (Ìì ¿ Ý ORDINANCE NO. 1066
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK AMENDING CHAPTER
8.20 OF THE BALDWIN PARK MUNICIPAL CODE
REGARDING THE SALE OF SAFE AND SANE
FIREWORKS WITHIN THE CITY
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1: Subsection D of Section 8.20.010 of Chapter
8.20 of the Baldwin Park Municipal Code is hereby amended to
read in its entirety as follows:
D Qualified Organization" means any local nonprofit
organization, corporation, association, or group, consisting of
ten or more persons organized primarily for veteran, patriotic,
religious, civic betterment, or charitable purposes, which
meets at least once quarterly within the City of Baldwin Park.
The majority of the members of the organization must either
reside, or be employed by or maintain a business, in the City
of Baldwin Park."
SECTION 2: Section 8.20.020 of Chapter 8.20 of the
Baldwin Park Municipal Code is hereby amended to read in its
entirety as follows:
8.20.020 Safe and Sane Fireworks Sale.
No person other than a qualified organization shall
sell or offer to sell any safe and sane fireworks within the
City of Baldwin Park. A qualified organization may sell or
offer to sell safe and sane fireworks within the City only if
it has first obtained a valid permit issued pursuant to the
terms of this Chapter."
SECTION 3. Section 8.20.030 of Chapter 8.20 of the
Baldwin Park Municipal Code is hereby amended to read in its
entirety as follows:
8.20.030 Safe and Sane Fireworks Application for
Permits.
A. Applications for permits shall be accepted only from
qualified organizations, and shall be in writing upon the
form prescribed therefor by the City Manager. A filing
and processing fee as set by resolution of the City
Council shall be paid at the time of filing the
application. The application shall be submitted to the
City Manager on or before the 1st day of May of any
calendar year.
B. The application shall contain the following
information:
1. The exact location of the proposed stand, together
with the written permission of the owner of the
property if the property is not owned by the
applicant;
2. The name and location of the principal place of
business of the organization and the names and
addresses of the members thereof;
3. A statement of the purposes for which the
applicant is organized.
4. How and where the net proceeds from the sale of
the fireworks are to be expended; and
5. Such other information as may be required by the
City Manager."
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ORD 1066 pT3 (Ìì ¿ Ý Ordinance No. 1066
page Two
SECTION 4: Section 8.20.050 of Chapter 8.20 of the
Baldwin Park Municipal Code is hereby amended to read in its
entirety as follows:
8.20.050 Number of Permits. Not more than fourteen 14)
permits shall be issued during any calendar year.
Not more than one permit shall be issued to any one
qualified organization in any calendar year."
SECTION 5: Subsection A of Section 8.20.060 of Chapter
8.20 of the Baldwin Park Municipal Code is hereby amended to
read in its entirety as follows:
A. All timely filed applications for fireworks permits,
and public firework displays, shall be reviewed by the
City Manager for the purpose of determining whether such
permits should be issued to an applicant by the City
Manager in accordance with the provisions of this chapter
only if the City Manager finds that:
1. The application contains all the information
required by the provisions of this chapter;
2. The applicant is a qualified organization;
3. The applicant will conduct all operations in
accordance with all applicable laws;
4. At least 50% of the net proceeds from the sale of
fireworks will be expended in the City of Baldwin
Park on a program or programs consistent with the
veteran, patriotic, religious, civic betterment,
or charitable purpose for which the applicant is
organized; and
5. Issuance of the permit will not result in the
total number of permits issued during that
calendar year exceeding the maximum number of 14
permitted by this Chapter.
Priority in the issuance of permits shall be given to qualified
organizations which held such a permit in the year immediately
preceding the filing of such an application. Should the City
Manager find that an applicant who held a permit in the
immediately preceding year did not comply in its operation
pursuant to such earlier permit, with all applicable provisions
of law, issuance of the permit may be refused. In those
instances where there are more than 14 qualified organization
applicants for permits in any one calendar year, but fewer than
14 qualified organization applicants entitled to priority,
those non priority qualified organization applicants issued
permits shall be determined on a lottery basis. The City
Manager shall adopt rules and regulations to implement the
provisions of this chapter. The City Manager shall give each
applicant written notice by United States Mail, postage
prepaid, addressed to the applicant at his last known address,
of the action taken by the City Manager with reference to such
application."
SECTION 6: Severability. If any clause, or phrase of
this Ordinance is for any reason held to be unconstitutional,
or otherwise invalid, such decision shall not affect the
validity of the remaining sections of this Ordinance. The
Council hereby declares that it would have passed this
Ordinance and each section, subsection, sentence, clause and
phrase thereof irrespective of the fact that any one or more
other sections, subsections, sentences, clauses, or phrases be
declared unconstitutional.
BIB]
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Page Three
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Baldwin Park on this 19th day of May,
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES 55
CITY OF BALDWIN PARK
I, LINDA L. GAIR, City Clerk of the City of Baldwin Park,
do hereby certify that the foregoing Ordinance No. 1066 was
regularly introduced and placed upon its first reading at a
regular meeting of the City Council on May 5, 1993. That,
thereafter, said Ordinance was duly approved and adopted at a
regular meeting of the City Council on May 19, 1993 by the
following vote:
AYES MCNEILL, GALLEGOS, IZELL, MARTINEZ, MAYOR VARGAS
NOES NONE
ABSENT NONE
ABSTAIN: NONE
CITY CLERK
BIB]
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ORD-U05
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19-U05
1993-U05