HomeMy WebLinkAboutOrdinance #610 a
ORDINANCE NO. 610
AN ORDINANCE OF THE CITY OF HUNTINGTON
BEACH PROVIDING FOR PERMITS AND REGULATION
OF TEMPORARY STANDS FOR THE DISPLAY AND
SALE OF SAFE AND SANE FIREWORKS', AMENDING
SECTION 4111 OF THE HUNTINGTON BEACH
ORDINANCE CODE AND ADDING SECTIONS 4112
TO 4112.18 INCLUSIVE TO SAID CODE.
The City Council of the City of Huntington Beach,
California , does ordain as follows:
Section 1: Section 4111 of the Huntington Beach
Ordinance Code is hereby amended to read as follows:
Section 4111 Fireworks Prohibited. Except as
otherwise in this article provided, no person shall within
the City of Huntington Beach:
(a) Manufacture .possess or sell any dangerous
fireworks;
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(b) Sell any safe and sane fireworks as a retailer;
(c) Discharge dangerous fireworks any place;
(d) Make a public display of fireworks.
Section 2: New sections are hereby added to the
1 Huntington Beach Ordinance Code, designated Sections 4112
to 4112.18 inclusive , to read. as follows:
Section 4112 Safe and Sane Fireworks ;, Sale: The
City Council may issue permits for temporary stands for the
display and sale of safe and sane fireworks as provided in
this article.
Section 4112.2 Application for Permits: Application
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for such permits shall be made in writing between the 15th
day of May and the loth day of June of the year for which
the permit is requested, and filed with the City Clerk; said
application...shall state the name of the applicant, its ad-
dress , the name and address of its officers , the location of
the proposed stand, the name of the person who will actually
operate the stand on. behalf of the applicant, a complete
r account of the proposed disposition of all gross proceeds
from the sale of fireworks sold at the proposed stand, and
the name and address of the owner of the land on which the
proposed stand is to be placed.
Section 4112.3 Filing Fee : The application shall be
accompanied by a filing fee made payable to the City of
Huntington Beach in the sum of $12.00, no part of which may
be waived or refunded.
Section 4112.4 Number of Permits to Applicant: No
applicant shall file more than one permit each year, and
each permit granted shall be limited to one temporary stand.
Section 4112. 5 Investigation of Applications : The
City Clerk shall immediately upon receipt of the application
refer said application to the Fire Chief who shall make an
investigation of the application and the facts therein con-
tained and shall submit a report of his findings, his recom-
mendations for or against the issuance of the permit together
with his reasons therefor, and, if issuance of the permit is
recommended, any reasonable conditions to be required of the
permittee . Said report shall be made to the City Council
at its last regular meeting in June.
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Section 4112 .6 Council May Grant or Deny Application:
The City Council shall have the power to grant or deny the
application and to require reasonable conditions of the per-
mittee.
Section 411.2.7 Safe and Sane Fireworks; Defined:
Only safe and sane fireworks , as defined in Part 2, Division
11 of the Health and ,Safety Code of the State of California,
may be sold by said permittee.
Section 4112.8 Temporary Stands; Regulations: All
temporary stands for the display and sale of fireworks shall
be located, maintained and operated subject to the following
provisions:
Section 4112.9 Compliance with Conditions: Any
person operating any such stand, either as permittee , owner,
agent or employee , shall abide by and comply with all ordinan-
ces of the city and with all the conditions and restrictions
imposed by the City Council in granting the permit.
Section 4112.10 Cleanup Bond: Prior to the erection
of any such stand, permittee shall post with the City of
Huntington Beach the sum of"$100.00 in cash, which said sum
shall be forfeited to the city in the event the permittee
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shall not remove the stand, the equipment, and all rubbish
from the premises upon which the stand is located, to the
satisfaction of the Fire Chief, before midnight July 8th of
the year for which such permit is granted; if such stand,
equipment and .rubbish are so removed within said period of
time , said cash deposit shall be returned to the , permittee.
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Section 4112.11 Liability Insurances Prior to the
erection of any such stand, the permittee shall procure pub-
lic liability and property damage insurance covering its
operations in and about the said .stand and premises , in a
minimum amount of $25,000 for the death or injury of one
person, $50,000 for death or injury of more than one person;
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and $5,000 property damage , and,) shall file a certificate of
such insurance with the City Clerk.
Section 4112 .12 Places Where Stands Permitted: No
temporary stand for the sale and display of fireworks shall
be allowed in the following places :
(a) Fire zones 1 and 2
(b) On the ocean side of Ocean Avenue (U.S . 101)
(c) Within .100 ft. of any building, structure , oil
well, oil storage tank, or business
(d) Within 25 ft. of any street or highway
(e) Within three-fourths of a mile of any other
temporary stand used for the display or sale of safe and
sane fireworks.
Section 4112'.13 Fire Extinguisher: Permittee shall
at all times maintain in said stand a fire extinguisher of
at least 22 gal. capacity in good order and condition and of
a type approved by the Fire Chief. In lieu of such fire ex-
tinguisher, the permittee , subject to reasonable conditions
of the Fire Chief, shall have a garden hose hooked up inside
the stand so that the hose can be turned on and off at the
nozzle, or a 50-gal. drum of water with one or two 2-1-gal.
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pails , and at all times not less than five burlap sacks
soaking inside the stands.
Section 4112.14 Lighted Fireworks near Stands Pro-
hibited: No person shall light or cause or permit to be
lighted any firecracker, fireworks , or other combustible
article or material within any such stand or within ten feet
thereof.
Section 4112.15 Time When Sale Permitted: Safe and
2 th-day of June
sane fireworks shall be sold only from the/ - tb the 4th of
July, inclusive , of each year in which permits as in this
article provided are issued; provided, however, that should
the. 4th of July fall on a Sunday, then such safe and sane
fireworks may also be sold on the 5th day of July.
Section 4112.16 Hours of Sale: Safe and sane fire-
works shall be sold only between the hours of 10 A.M. and
10 P.M.
Section 4112.17 Permit Voided9 Grounds : Any permit
issued pursuant to this article shall be null and void upon
the failure of the permittee to carry out all the requirements
as set forth in this article , all the requirements or con-
ditions imposed by the Council in granting said permit , or
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upon the violation of any ordinance , rule , regulation or con-
dition applicable to the possession and sale of safe and sane
fireworks in the City of Huntington Beach.
Section 4112.18 Public Display of Fireworks: Public
display of fireworks and the permits therefor shall be in
accordance with the provisions of Part 2 , Division 11 of the
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Health and Safety Code of the State of California.
Section 3: Any person violating any of the provisions
of this ordinance shall be guilty of. a misdemeanor and upon
conviction therefor shall be punishable by a fine of not more
than $500 or by imprisonment in the city or county jail for a
period of not more than 90 days , or by both such fine and
imprisonment.
Section 4: If any paragraph, sentence, clause or
phrase of this ordinance for any reason is held to be uncon-
stitutional or invalid, such shall not effect the remaining
portions of this ordinance , and the City Council of the City
of Huntington Beach hereby declaresit would have passed
each paragraph, sentence, clause , and phrase thereof, irres-
pective of the fact that any one or more than one sentence,
clause or phrase be declared unconstitutional or invalid.
Section 5s The City Clerk shall certify to the
passage and adoption of this ordinance and shall cause the
same to be published by one insertion in the Huntington Beach
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News , a weekly newspaper printed, published and circulated in
the City of Huntington Beach, Orange County, California, and
thirty (30) days after the adoption thereof the same shall
take effect and be in force .
PASSED AND ADOPTED by the City Council of the City of
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Huntington Beach, California , this 17th day of May ,
1954.
Mayor
ATTEST :
City Clerk
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FIREWORKS PERMIT
A permit is granted to
whose address is
to sell safe and sane fireworks in the City of Huntington Beach
at
subject to the following conditions:
l: This permit does not authorize the Permittee to
violate any Federal, State , County, or Municipal law or regulation
regarding the sale of fireworks , and the Permittee shall comply
with all said laws and regulations.
2. Safe and sane fireworks are those fireworks defined
in the Health and Safety Code of the State of California .
3 . Permittee shall comply with all requirements of Article
411 of the Huntington Beach Ordinance Code, a copy of which is
printed on the back of this permit.
4. Permittee shall remove all weeds and combustible
materials around his sales stand for a distance of 30 feet.
5. Permittee ' s stand shall have a roof and up to three
sides covered with 1/2-inch mesh. The stand shall have a door
that shall at all times offer unencumbered exit from the stand.
6. Permittee ' s stand shall at all times be supervised by
at least one adult not under the age of 21 years.
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7. No smoking shall be allowed in the stand or within
30 ft. of any stand, and "No Smoking" signs shall be prominently
displayed.
8. Permittee agrees to save , indemnify, and keep harmless
the City of Huntington Beach against all liabilities , judgments ,
costs and expenses which may in amy wise accrue against the City
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in consequence of the granting of the rights hereunder.
90 No person shall be allowed to sleep in said stands .
10. A copy of this permit must be posted in a conspicuous
place on the premises where said fireworks are sold.
11. No signs shall be erected or maintained in connection
with the fireworks stand which shall create a traffic hazard.
12. The violation by Permittee of any law pertaining to
the sale of fireworks , or the violation by Permittee of any .con-
dition herein shall automatically render this permit void] and
thereupon it shall be construed as if Permittee has no such permit.
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Ord. 610
STATE OF CALIFORNIA )
County of Orange ) ss.
City of. Huntington Beach)
I, JOHN L. HENRICKSEN, 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, do hereby
certify that the whole number of members of the City Council
1 of the City of Huntington Beach is five; that the foregoing
ordinance was first read to said City Council at a regular
meeting thereof held on the 3rd day of May , 19547
and was again read to said City Council at a regular meeting
thereof held on the 17th day of M , 1954, and was
passed and adopted by the affirmative vote of ,more than a
majority of all the members of said City Council as follows:
AYES: Councilmen:
Bartlett,, Lockett9 Woods LeBards Seabridge.
NOES: Councilmen:
None
ABSENT : Councilmen:
None.
jC .N L.. :Al":'i ;;:S:.N
City--'Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
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