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Ordinance No. 015 - Sales and Discharge of FireworksORDINANCE NO. 15 AN ORDINANCE OP THE CITY OF ROSEMEAD RELATING TO THE SALE AND DISCHARGE OF FIREWORKS AND AMENDING THE ROSEMEAD MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Rosemead Municipal Code is hereby amended by adding to Article III, Chapter I, sections to read as follows: 3110. Notwithstanding the provisions of sections 12.01 to 12.06 of the Fire Prevention Code, being Ordinance No. 2947 of the County of Los Angeles, adopted by reference as the Rosemead Fire Pre- vention Code by Section 3100 of the Rosemead Municipal Code, safe and sane fireworks as defined by Section 12504 of the Health and Safety Code of the State of California, may be sold and discharged within the City of Rosemead during the period beginning at 12:00 o'clock noon on the 30th day of June and ending at 12:00 o'clock noon on the 5th day of July of each year pursuant to the provisions of this ordinance and not otherwise. 113111. No fireworks shall be sold or offered for sale or dis- charged 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. Safe and sane fireworks shall include only those fireworks that have been classified and registered as 'safe and sane' by the State Fire Marshal. • 9112. No Person shall sell fireworks within the City without first having applied for and received a permit therefor in compliance with the terms of this ordinance. "3113. Uuon receipt of written application for a permit pur- suant to this ordinance, the Chief of the Fire Department shall make an investigation and submit to the City Council a report of his findings and his recommendations for or against the issuance of the permit, to- gether with his reasons therefor. After receipt of such recommendations and report, the City Council shall have the power in its discretion to grant or deny the application. Any permit granted by the City Council may be subject to such reasonable conditions and restrictions as may be imposed by the City Council and such conditions and restrictions shall be complied with by the permittee. The Council shall require a cash deposit with the City Clerk in the sum of $100.00 for each 20 feet in . length or portion thereof, of the fireworks stand to be used by the applicant, as a condition of granting a permit. Such deposit shall be _ refunded to the permittee upon compliance with Sub-section 3118 (1) hereof, but such deposit shall be forfeited and retained by the City in the event of non compliance with such subsection. "3114. No permit shall be issued to any person except non- profit associations or corporations organized primarily for veteran, patriotic, welfare, civic betterment or charitable purposes. Each such organization must have its principal and permanent meeting place in the City of Rosemead and must have been organized and established in the area that is within the City of Rosemead for a minimum of two years continuously preceding the filing of the application for the permit and must have a bona fide membership of at least twenty (20) members. 113115. Applications for such a permit: (a) Shall be made in writing. (b) Shall be filed with the Chief of the Fire Department on or prior to May I of each year. (c) Shall set forth the proposed location of any and all fireworks stands applied for, and the length thereof. • 0 (d) Shall be accomplished by an assurance that if the permit is issued to applicant, applicant shall, at the time of receipt of such permit, deliver to the City a $25/$50,000 public liability and a $5,000 property damage insurance policy, with a rider attached to the policy, d;signating the City as an additional assured thereunder. (e) Shall be accompanied by a fee of Ten Dollars ($10.00). Applicants for any such permits shall be notified by the Chief of the Fire Department or City Clerk of the granting or rejection of their application for permit on or before the first of June of each calendar year. 113116. Each such application shall show the following: (a) Name and address of applicant. (b) The applicant's status as a non-profit organization. (c) The name and addresses of the officers, if any, of the applicant. (d) The location where the applicant will sell fireworks. (e) When the applicant was organized and established. • (f) The location of the applicant's principal and permanent meeting place. (g) The applicant's State Board of Equalization Sales Tax Permit Number. "3117. The following regulations shall be complied with in the operation of fireworks stands. (a) No person other than the licensee organization shall operate the stand for which the license is issued, or share or otherwise participate in the profits of the operation of such st=^d. (b) No person other than the individuals who are members of the licensee organization, or the spouses or adult children of such members, shall sell or otherwise parti- cipate in the sale of fireworks at such stand. (c) No person shall be paid consideration for selling or otherwise participating in the sale of fireworks at such stand. (d) Each person, group or organization shall be limited to one permit per year and each permit shall be limited to one stand. "fib. All retail sales of 'safe and sane' fireworks shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is hereby prohibited. Such temporary stands shall be subject to the following provisions: (a) Fireworks stands need not comply with the provisions of the Building Code of the City provided, however, that all stands shall be erected under the supervision of the in- spector who shall require that stands be constructed in a manner which will reasonably insure the safety of attend- ants and patrons. (b) If, in the judgment of the Chief of the Fire Department or the inspector, the construction of the stands or the conduct of the operators therein do not conform to the provisions of this ordinance, such officers, or either of them, may order the stands immediately closed. - 2 - (c) No person shall be allowed in the interior of the stands except those directly employed in the sale of fireworks. (d) There shall be at least one supervisor, twenty-one years of age or older, on duty at all times. No person under sixteen years of age shall be allowed inside the booth at any time. (e) No fireworks shall remain unattended at any time regard- less of whether the fireworks stand is open for business or not. (f) No stand shall be placed closer than twenty (20) feet to any other building. (g) 'NO SMOKING' signs shall be prominently displayed both inside and outside the stand. No smoking shall be per- mitted within the stand, or within five (5) feet of the stand. (h) All weeds and combustible material shall be cleared from the location of the stand. No rubbish shall be allowed to accumulate in-or around any fireworks stand, nor shall a fire nuisance be permitted to exist. (i) No stand shall be erected before June 15th of any year. The premises on which the stand is erected shall be . cleared of all structures and debris, not later than noon of the 12th of July following. (j) All stands must be equipped with at least one fire ex- tinguisher for each exit in the stand, which fire ex- tinguishers must be approved as to efficiency and safety by the Chief of the Fire Department. (k) Each stand in excess of twenty feet in length must have at least two exits; and each stand in excess of forty (40) feet in length must have at least three exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed twenty (20) feet. (1) No stand shall be constructed with a depth of more than twelve (12) feet. "3119• Section 3100 of the Rosemead Municipal Code and Sections 12.01 to 12.06, inclusive of the Rosemead Fire Prevention Code are hereby amended insofar as the same are inconsistent with Sections 3110 to 3120 hereof. "3120. Any person violating any of the provisions of this or- dinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the City Jail or County Jail of Los Angeles County for a period of not more than six (6) months or by both such fine and imprisonment. PASSED, APPROVED AND ADOPTED THIS 15 day of March , 1960. MAYOR OF HE CITY OF ROSEMEAD ATTEST: CITY CLERK - 3 -