HomeMy WebLinkAboutOrdinance #1499 ORDINANCE NO. 1499
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY AMENDING SECTIONS 4104 . 5 . 2 AND 4104 .5 . 3
THEREOF PERTAINING TO TEMPORARY RETAIL SALES
OF FIREWORKS, AND ISSUANCE OF PERMITS THERE-
FOR BY THE CITY ADMINISTRATOR
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1. The Huntington Beach Ordinance Code is hereby
amended by amending Sections 4104 . 5 . 2 and 4104 .5 . 3 to read as
follows :
4104 . 5 . 2 . Section 12 .08 . TEMPORARY RETAIL SALES OF FIRE-
WORKS. It shall be unlawful for any person to offer for sale
any fireworks within the municipality without first obtaining a
permit from the City Administrator. Application for and issuance
of the permit shall be governed by the following regulations :
(a) Persons Eligible . Fireworks permits shall be issued
only to such applicants who meet the following qualifications :
(1) A nonprofit , charitable , religious or eleemosynary
corporation or association organized and existing primarily for
youth, veterans , patriotic, religious , charitable , civic better-
ment or community service purposes ; and
(2) Said corporation or association has its principal
and permanent meeting place in the City of Huntington Beach, and
has been organized and established in said city for a period of
at least one year prior to the date of application.
(b ) Number of Stands . A permit for only one fireworks
stand will be issued to any one organization, including its
affiliated organizations .
(c) Prior rights to Locations . Any applicant having had
a fireworks stand the previous year shall have prior right to
the same area.
If a dispute arises between applicants concerning locations
of stands , the matter may be referred by the Fire Chief to the
City Administrator for his decision, and such decision shall be
final.
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(d) Application for Permit . Each applicant for a permit
hereunder shall obtain his application forms from the Fire ,
Department before the 15th day of May. Each application shall
be submitted in duplicate, and contain the following information:
(1) Name address and telephone number of applicant .
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(2) The applicant ' s status as a nonprofit , charitable,
religious or eleemosynary corporation or association.
( 3) The purpose for which the applicant is primarily
existing and for which it is organized.
(4) When applicant was organized and established.
(5 ) The location of the applicant ' s principal and
permanent meeting place .
(6) Names , addresses and telephone numbers of the
officers , if any, of the applicant .
(7) The location where the applicant will sell fire-
works , together with written approval of the owner or lessee of
the property if different than the applicant .
( 8) The name, address and state fire marshal ' s
license number of any wholesaler or distributor from whom the
retailer proposes to purchase fireworks for resale .
(9) The applicant ' s board of equalization sales tax
permit number.
(10) The manner, method and time the applicant proposes
to sell "safe and sane" fireworks .
(11) Such other information as the Fire Department may
require in order to make its investigations .
(e) Filing Dates . Applications , together with application
fees shall be submitted to the Fire Department on or before
May 27th of the calendar year for which the permit is sought . The
Fire Department shall submit the applications to the City Adminis-
trator, and the fees to the city Finance Director , Any permit
issued shall be valid only for the premises or location for
which it is issued; shall not be transferable , assignable or re-
newable, and shall be valid only for the dates specified in the
permit .
(f) Fees .
(1) An application fee in the sum of Fifteen Dollars
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( $15) shall be paid by the applicant . No part of such fee may
be waived or refunded. Fee shall be payable at time of applica-
tion to the Fire Department .
(2) A service fee shall be paid by each applicant in
the sum of Ten Dollars ($10) to cover the costs of service ,
mapping and inspections , no part of which may be waived or re-
funded. This fee shall be paid with the application fee .
(g) If the application is approved by the Fire Department ,
it shall be submitted for consideration to the City Administrator
on the first Monday in June in any calendar year, and the City
Administrator must grant or deny the permit within five (5) days
thereafter.
4104 . 5 . 3 . Section 12 .09 . REGULATIONS FOR THE OPERATION
OF FIREWORKS STANDS. All temporary fireworks stands shall be
located, maintained and operated subject to the following regu-
lations . Violations of these rules shall be grounds for the
immediate revocation of the operator' s permit by the Fire Chief
or his authorized representative .
(a) Any person owning or operating any such stand shall
comply with all conditions set forth by applicable laws , and
imposed by the City Administrator in granting the permit .
(b ) A cash bond in the sum of One Hundred Dollars ($100 )
must be posted by the permittee with the City Administrator.
This bond shall be posted within seven (7) days after the City
Administrator has approved the permit and prior to the erection
of the stand. If the permittee fails to remove said stand,
equipment and rubbish from the premises before 12 : 00 midnight
of July 8 of the year for which the permit is granted, Twenty-
five Dollars ($25) of the bond shall be forfeited to the city.
If the permittee fails to remove said stand, equipment and rub-
bish from the premises before 12 : 00 midnight of July 12 of the
year for which the permit is granted, the full amount of such
bond shall be forfeited to the city.
The Fire Department shall make an inspection, or in-
spections, of the premises , and shall report to the City Ad-
ministrator whether such stand, equipment and rubbish have been
removed from such premises as of the times and dates hereinabove
provided. Thereafter the City Administrator shall make dis-
position of the cash bond posted by permittee, as hereinabove
provided, and written notice of such disposition shall be given
permittee by the City Administrator .
(c) Prior to erection of any stand, the permittee shall
procure public liability and property damage insurance covering
its operation in and about said stand and premises in a minimum
amount of Three Hundred Thousand Dollars ($300,000 .00) for death
3 .
or injury of one or more persons, and Fifty Thousand Dollars
( $50,000) property damage . The City of Huntington Beach shall
be named as an additional insured on such insurance . The permittee
shall file a certificate of such insurance with the City Admini-
strator within seven (7) days after the City Administrator has
approved the permit .
(d) Location Approval. In no case shall stands be allowed
in the following locations :
(1) Within three-quarters ( 3/4) mile of any other
temporary stand;
(2) On the ocean side of the Pacific Coast Highway;
or
(3) In Fire Zone No. 1, as defined in Chapter 81 of
the Huntington Beach Ordinance Code .
(e) No fireworks display or stand shall be erected within
one hundred (100) feet of any gasoline service station or any
garage, or within thirty-five (35 ) feet of any other structure .
Minimum setback from the street curbing shall be ten (10) feet
or more as required by the Fire Prevention Bureau which shall
mark the placing of the nearest part of stand to curb .
(f) There shall be maintained in each premises or stand
within which fireworks are sold or offered for sale, suitable
fire extinguishers of a type and number approved by the Chief of
the Fire Department .
(g) No person shall light , or cause or permit to be lighted,
any fireworks or any other article or material within any such
stand, or within fifty (50) )feet thereof.
(h) No smoking shall be allowed in any structure used for
the sale and display of fireworks nor within fifty (50) feet of
said structure . "No Smoking" signs shall be prominently displayed
in a number prescribed by the Fire Chief .
(i) All such temporary stands shall be constructed in ac-
cordance with existing city requirements and specifications .
(j ) All temporary stands for the display and sale of fire-
works shall obtain an electrical permit from the City of Hunt-
ington Beach prior to any electrical work.
(k) No arc or klieg light shall be located within seventy-
five (75) feet of any temporary stand selling fireworks .
(1) Fireworks shall be sold only between the hours of 12 :00
noon, June 28th, to 12 : 00 noon on July 6th as authorized by the
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state fire marshal.
(m) Permittee shall comply with all the provisions of
Section 12600 through 12801 of the Health and Safety Code of the
State of California.
(n) Fireworks shall be stored and kept only in the per
mittee ' s sales booth . It shall be unlawful to store any fire-
works in any building, residence, garage, home , or automobile
within the City of Huntington Beach .
(o) There shall be at least one adult in attendance during
the open or sales hours of the fireworks stand . No person aged
sixteen (16) years or younger shall be permitted in a stand.
(p) The permittee shall provide an adult night watchman
to provide security during the hours of storage . Under no cir-
cumstances shall the night watchman sleep within the fireworks
stand.
(q) No alcoholic beverage shall be allowed on the premises .
(r) All permits must be posted in a conspicuous place open
to public view.
( s) No fireworks shall be sold or offered for sale within
the city which are classified as "dangerous fireworks" as that
term is defined by the Health and. Safety Code of the State of
California, nor shall any person be permitted to sell or offer
to sell, within the city, fireworks without first having obtained
a fireworks retail license from the state fire marshal, as re-
quired under the laws of the State of California.
SECTION 2 . This ordinance shall take effect thirty days
from its adoption. The City Clerk shall certify to the passage
of this ordinance and cause same to be published within fifteen
days of its adoption in the Huntington Beach News , a newspaper
of general circulation, printed and published in Huntington Beach,
California.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the Yet
day of _May • 1969 .
ATTEST : tlMayor
APE ED AS TO FORM:
City erk
TZ
City Attor y
Ord. No.
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I , PAUL C . JONES , the duly elected, qualified, and
acting City Clerk of the City of Huntington Beach and ex
officio Clerk of the City Council of the said City, do hereby
certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing
ordinance was read to said City Council at a regular meeting
thereof held on the 5th day of May 19u____, and
was again read to said City Council at a regular meeting thereof
held on the 19tJday of May , 19 69 , and was
passed and adopted by the affirmative vote of More than a
majority of all the members of said City Council .
AYES : Councilmen:
Shipley, Bartlett, McCracken, Go eri, . G;een
NOES : Councilmen:
None
ABSENT: Councilmen:
Matney.. KaUfman
City Clerk an -officio Clerk
of the City Council of the City
of Huntington Beach, California
b PAUL C. JONES, CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council, do hereby cartify that this ordinance has
beeee-n7 publishes} ir+ the Hunti�¢ton Beach News on
.__In acc �v2
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a with tt,e at ,-ha,ter of said City.
Char Clerk
..... ......
Deputy City Clerk