HomeMy WebLinkAboutOrdinance #413 n
ORDINANCE NO. l
AN ORDINANCE OF THE CI`rY OF HUNTINGTON BEACH,
CALIFORNIA,- REGULATING THE SELLING, DISPLAYING
AND DISCHARGING OF FIRE-WORKS, AivD PROHIBITING
THE SMILING, DISPLAYING AND DISCHARGING OF
CERTAIN TYPES OF FIRE-WORKS VITHIN THE CITY OF
HUNTINGTON BEACH.
The City Council of the City of Huntington Beach,
California, do ordain as follows: -
Section 1: That it shall be unlawful for any person,
firm or corporation to sell, display, dispose of, give away,
store, keep or stock, or to discharge, explode, fire or set. off
any blank cartridge or fire-works containing red, white, or
other form of phosphorus, or containing chlorate of potash, or
any fire-crackers or salutes containing flash powder, or any
fire-cracker over one-fourth inch (4°) in diameter or over one
and one-half inches (11" ) in length; sky-rockets, aerial bombs,
Roman candles or fire-works designed to rise from the ground and
explode in the air, or torpedoes or any type of fire-work designed
to be thrown or projected to explode upon impact , or any fire-
works of similar manufacture or make, within the City of Hunting-
ton Beach. Provided, however, that the City Council may, in its
discretion, grant permits for the public display of fire-works,
_ -which public display shall be under the direct supervision of the
Fire Chief of the City of Huntington Beach.
Section 2: It shall be unlawful for any. person, f irm,
or corporation to sell or engage in the business of selling fire-
works, or to display fire-works which are not prohibited in "this
Ordinance, without having first obtained a license as hereinafter
provided from the City Council of the City of Huntington Beach
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so to do; and it/shall be unlawful for any person, firm or corpor-
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at ion to sell fire-works not prohibited by this Ordinance at
any time except from June 25 to July 5, inclusive.
Section 3: That licenses provided by this Ordinance
shall be issued only to established retail places of business,
and an established retail place of business is defined to be a
place of business where, merchandise has been offered for sale
to the public at retail for a period of not less than ninety
(90) days.
Section 4: That the rate of license for the sale of
fire-works permitted hereunder shall be YFive ($5•00) Dollars
per season; provided, however, that fraternal associations,
patriotic societies and charitable organizations may be issued
a free license in the discretion of the City Council.
Section 5: It shall be unlawful for any person, firm
or corporation to discharge any fire-works, other than those
set forth in Section 1 hereof, before the 3d day of July and
after the 5th day of July.
Section 6: Fireworks, other than those set forth
in Section 1 hereof, may be stocked, kept and stored %1r'nen
packed in a container known as the "I. C. C. " container,
and then only upon special permit and under the supervision
of the Fire Chief of the City of Huntington Beach.-
Section 7: That the violation of any of the pro-
visions of this Ordinance shall constitute a misdemeanor, and
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the penalty for violation thereof shall be a fine of not to
exceed One Hundred ($100.00) Dollars , or fifty (50) days in
jail, or by both such fine and imprisonment. '
Section 8: If any section, subsection, sentence,
clause or phrase of thi's Ordinance is, for any reason, held
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to be invalid or unconstitutional, such decision shall not
affect the validity of the remaining portions of this Ordin-
ance. The City Council of the City of Huntington Beach,
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California, hereby declares that it would have passed this
Ordinance and each section, subsection, sentence, clause or
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phrase: thereof, irrespective of the fact that any one or more
other sections, subsections, sentences, clauses or phrases
be declared invalid or unconstitutional.
Section 9: The City Clerk shall certify to the passage I
of this Ordinance and shall cause the same to be published by
one insertion in the Huntington Beach Dews, a weekly newspaper
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printed, published and circulated in the City of Huntington
Beach, and thirty (30) days after its passage and adoption
this Ordinance shall be in force and effect.
PASSED A ?D ADOPTED by the City Council of the City
of Huntington Beach, California, at a �GL
meeting thereof held on the aoL.O day of , 1938.
T�iAYOR
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ATT EST:
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City Clerk.
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STATE OF CALIFORNIA, )
County of Orange , ) ss:
City of Huntington Beach. )
I , C . R. FURR, the duly elected , qualified and acting
City Clerk of the City of Huntington Beach, and ex-officio
Clerk of the City Council of said City of Huntington Beach,
do hereby certify that the whole number of members of the
City Council of the City of Huntington Beach is five; that
the foregoing Ordinance was first read to said City Council
at a regularly adjourned meeting thereof held on the L________
f May , 1938; and was again ad to said City Council at a
meeting thereof held on the
day of , 1938, and was passed and
adopted by the affirmati e vote of more than a majority of all
the members of said City Council as follows:
AYES: Counci £
NOES: Councilmen:
ABSE14T: Councilmen:
City Clerk and ex-officio Clerk of
the City Council of the City of
Hunt irk;to n Beach , California.
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