HomeMy WebLinkAboutOrdinance #1884 ORDINANCE NO. 1884
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY ADDING THERETO SECTION 4104 .5 . 4 PERTAINING
TO THE SALE AND DISCHARGE OF SAFE AND SANE
FIREWORKS
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1. The Huntington Beach Ordinance Code is here-
by amended by adding thereto Section 4104 . 5 . 4 to read as fol-
lows :
4104. 5. 4 . SALE TO AND DISCHARGE BY MINORS OF SAFE AND
SANE FIREWORKS PROHIBITED.
(a) Every person, agent or employee thereof, engaged
in the business of the sale or disposition of safe and sane
fireworks, who sells, furnishes, gives or causes to be sold,
furnished or given away any safe and sane fireworks to any
person under the age of eighteen (18) years whether or not
the person engaged in said business has knowledge that the
person sold to, furnished to or given to is under the age of
eighteen (18 ) years, is guilty of an infraction.
(b) Any person under the age of eighteen (18) years who
purchases any safe and sane fireworks is guilty of an infrac-
tion.
(c ) Any person under the age of eighteen (18 ) years who
discharges any safe and sane fireworks within the city bound-
aries except when under the direct supervision and in the
presence of an adult , is guilty of an infraction.
(d) For the purpose of preventing the violation of sub-
section (a) hereof, any person, or agent or employee thereof,
engaged in the business of the sale or disposition of safe
and sane fireworks, may refuse to sell, furnish or give away
any safe and sane fireworks to any person who fails to produce
adequate written evidence that he or she is eighteen (18)
years or over . Such written evidence may include, but is
not limited to, a motor vehicle operator 's license . Proof that
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the person, or agent or employee thereof, engaged in the sale or
disposition of safe and sane fireworks, demanded, was shown
and acted in reliance upon adequate written evidence of proof
of age of eighteen (18 ) years or over, shall be a defense to
any criminal prosecution under this section.
(e) The term "safe and sane fireworks" is expressly
defined in the California Health and Safety Code.
(f) An infraction committed by a violation of this sec-
tion shall, upon a conviction thereof, be punishable for each
conviction by a fine not to exceed One Hundred Dollars ($100) .
(g) In the event of conviction, plea of guilty or nolo
contenders, of any person, agent or employee thereof, under
subsection (a) of this section, any sponsoring organization
from whose fireworks stand said illegal sale was made shall
not receive a permit to sell fireworks the following year.
SECTION 2. This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the pas-
sage of this ordinance and cause the same to be published
within fifteen days after adoption in the Huntington Beach
News, a weekly 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
17th day of December 1973 .
• -May .
ATTEST: aPROVQD AS TO FORM:
City Clerk City Att ey
2.
Ord. No. 1884
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly appointed, qualified 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
adjourned meeting thereof held on the loth day of December,
19 73 , and was again read to said City Council at a regular
meeting thereof held on the 17th day of December 19 73 , 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, Green, Coen, Duke
NOES: Councilmen:
Bartlett, Matney
ABSENT: Councilmen:
Gibbs
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
I, Alicia M. Wentworth CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council, do hereby certify that this ordinance has
been published in the
Huntington Beach News on
In accordance with the City Charter of said City.
ALICIA M. WENTWORTH
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City Clerk
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Deputy City Clerk