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HomeMy WebLinkAboutOrdinance #458 1 ORDINANCE NO® .7` AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, PROHIBITING SALES I DISCHARGE AND USE OF FIRE WORKS AND EXPLOSIVES WITHIN THE CITY-AND PROVIDING PENALTY THEREFOR®` WHEREAS, the United. States of America is at war, and WHEREAS, the -City of Huntington Beach, because of its oil industry. and because of its location on the Pacific Ocean, is within an area of vital importance to the defense of the United States, and WHEREAS' the use of fire works might seriously hamper and interf ere with the defense of the United States' and might expose the oil fields within the City of Hunting- ton Beach and expose the city to serious fire; NOW, THEREFORE, in and by the above preamble and statement the Council declares and defines that an emergency exists necessitating the following ordinance for r the immediate preservation of the public peace, property' ` convenience, health and safety; WHEREFORE, the City Council of the City of L Huntington Beach, California.,. do ordain. as follows: Section le That is shall be unlawful for any �-- person, firm, corporation or association to sell, display, J dispose of', give away, ,store, keep, stock or to discharge 1 I� I i I— fire, explode or setoff any blank cartridge or fireworks within the city limits of the City of Huntington Beach® Section 20 , Ordinance No. 413, entitled "An 1 Ordinance of the City of Huntington Beach, California*s regulating the selling, displaying and discharging of fire works, and prohibiting the selling, displaying and t discharging of certain types of fire works within the City of Huntington Beacho " and. all other ordinances in conflict � . herewith, be, and the same. is .hereby repealed Section 3® Any person violating. the provisions of Ir this ordinance. shall..be. deemed guilty, of a misdemeanor and upon conviction thereof shall-be punished by a fine not to exceed Five Hundred Dollars ($500®'00) . or by imprisonment- in the City Jail of the City of Huntington Beach or the County Jail of Orange County for 2. period not exceeding .six (6) months, or by both such fine and imprisonment®' Section 4. If any section, subsection, sentence$ clause or phrase of this ordinance for any reason is held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance*J The City Council of the City of Huntington Beach, Calif ornia, hereby declares that it would have passed this ordinance and each. and every ,section, subsection, sentence$ clause or phrase thereof, irrespective of the fact that anyone or more sections$ subsections9 sentences$ clauses I 2 I , 44 or phrases be declared unconstitutional®' Section 50- That this ordinance, being an emergency measure for the immediate preservation of the I public peace, property, health and safety, which emergency is set forth and defined in the preamble hereto, shall ' I take effect and be in force from and after the passage and adoption hereof®' Section 60 The City Clerk shall certify to U- the passage and adoption of this ordinance ;by a vote of four-fifths of the members of the City Council and shall a thereafter for_more public notice cause the same to be published by one insertion in the Huntington Beach News., a newspap.er....of general circulation, . printed, published and circulated in the City of Huntington Beach, Californiao� .PASSED AND ADOPTED by the City Coun of the City of Huntington Beach, California, at a i meeting thereof held on the L day of , 1942®' MAYOR ATTEST: City Clerk i i 3 i i STATE OF CALIFORNIA ) County of Orange ) SS City of Huntington Beach ) i I, C® R. FURR, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, Calif® iornia, and ex-officio Clerk of the City� Council of said City, do hereby certify that the whole number of members j of the City Council .of. the City of Huntington Beach is I five; that the f ore5pgg ordinanc was first read to said City Council at a eting thereof held on i the ._-_�= day of , 1942, and was again read to said City Council at a meeting thereof held on the day of - J. 1942, and was passed and adopted by the . affi ive vote of more than a majority of all .the members of said City Council-as follows AYES: Councilmen* t NOES: Councilmen:: +� ABSENT: Councilmen$ Yam- I City Cl rk and ex-officio Clerk of the City Council of the City of Huntington Beach, California® i i 4 I