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Ordinance No. 18ORDINANCE NO 18 AN ORDINANCE OF THE CITY OF DAIRY CITY TO REGULATE THE SALE OF FIREWORKS WITHIN THE CITY LIMITS. The ,ity Council of the City of Dairy City does ordain as follows: Section 1 For the purpose of this ordinance, certain words and phrases shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended Section 2• "Dangerous Fireworks" includes all fireworks included in the definition of "dangerous fireworks" as contained in Sub -Chapter 6 of Chapter 1 of the California Administration Code, Title 19 entitled "Public Safety " Section 3: "Safe and Sane Fireworks" means any fireworks not designated herein as "dangerous fireworks " Section 4. "Fireworks," used without qualifying words, includes "Dangerous Fireworks" and "Safe and Sane Fireworks " Section 5. Dangerous Fireworks Prohibited No person shall sell, exhibit, dispose of, give away, store, keep, stock, discharge, explode, fire or set off any dangerous fireworks within the City Section 6. Permit for Sale of Safe Fireworks No person shall display, sell or engage in the business of selling safe and sane fireworks without having first obtained a permit to do so as hereinafter provided. No person shall sell any type of fireworks at any time except from June 26 to July 4, inclusive, of any year. Section 7 Application for Permit Applications for such permits shall be filed with the City Clerk or his authorized agent on or before the Ordinance No 18 -1- 15th day of June of each year Such application shall be accompanied by a detailed statement of each and every kind of fireworks proposed to be sold under said permit, and shall contain the street address or location where said fireworks will be sold, with sufficient detail so that the property may be easily located and inspected The City Clerk shall examine such application and shall issue such permit to such applicant if all of the provisions of this Urdinance have been complied with Should said detailed statement contain any type of fireworks prohibited herein, then such type shall be stricken from such statement prior to the issuance of said permit No person obtaining such permit shall display or sell any kind of fireworks not described in such detailed statement or any type stricken therefrom No permit shall be issued unless the applicant posts with the City lianager a bond or other satisfactory security in the amount of $50 00,conditioned upon the clean-up of the site of the proposed location upon which the fireworks will be sold,prior to the 9th day of June of the year for which the permit is issued Section 8 Fee The fee for such permit shall be Une Hundred Dollars per year Such permit shall expire one year after issuance Section 9: Prohibited Areas No person shall sell, store, display or dis- charge any fireworks of any type in any public oil or gasoline station, or on any premises where gasoline or other inflammable liquids are stored or dispensed, or to sell, store, display, or discharge, any fireworks of any type in any permanent structure or within one hundred (100) feet of the sante Safe and sane fireworks may be dispensed or sold only from a temporary stand, structure or place located at least 70 feet from the center line of any street with provisions for off- street parking of at least 10 automobiles No fireworks shall be sold or offered for sale unless an adult is present and in charge at all times. Safe and sane fireworks shall be stored, housed or protected Ordinance No 18 -2- from fire hazard or handling by chicken wire, boards, glass or other suitable material under such conditions and at such a time as may be approved by the Fire Marshal. Section 10: Discharging Fireworks No person shall discharge any fireworks except on the third, fourth and fifth days of July 3f each year. Section 11 Containers Fireworks may be stocked, kept and stored only when packed in a box or container approved by the Interstate Commerce Commission upon a special permit from the Fire Marshal at such place as said Fire iiarshal shall designate Section 12. Public Fireworks Display Permit by Council Notwithstanding any other provisions of this Ordinance, the Council in its discretion may grant permits for public displays of fireworks under the super- vision of the Fire 1arshal Applications for such permits shall be filed with said Fire Marshal not less than ten days before such public display and shall be accompanied by a detailed statement of the items of such proposed display. If such permit is granted, no items shall be displayed except as are contained in such statement and the Council niay in granting such permit eliminate from said statement such items as it deems hazardous and no grantee of such permit shall exhibit or display such eliminated items. Such public display shall be under the supervision of the Fire ilarshal or such persons as he shall designate and authorize The fee for such permit shall be ten dollars for each display Such display shall be held at such place and time as desig- nated in said permit The applicant for such permit shall comply with the provisions of the California Administration Code Title 19 entitled "Public Safety" with respect to showing proof of compensation insurance coverage, public liability insurance and shall file a bond in the suns required under such code Section 13. Any person applying for and accepting a permit in accordance Ordinance No. 18 -3 - with the provisions of this Ordinance agrees thereby to satisfy promptly all requirements of the Fire Marshal and of the County Building Department. Section 14. This Ordinance is hereby declared an emergency ordinance and shall take effect immediately in order that the public peace and safety from the unsafe handling, sale and discharge of fireworks may be preserved PASSED AND ADOPTED this 25th day of March , 1957. ATTEST. Ab, =-to 14,1k,/,1 -2— C1 rk of the ouncil of the City of Dairy City Ordinance No 18 Mayor of the City of Da -4 - City STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF DAIkY CITY ) I, MARTIN OLSTHOURN, City Clerk of the City Council of the City of Dairy City, California, do hereby certify that, at a meeting of the City Council held on the 25th day of March 1957, the foregoing Ordinance was then considered and passed and adopted as a whole by the following vote: AYES: Councilmen Arnold, Arrowood, Van Dyke, and Van Leeuwen NOES None ABSENT. Councilman Baroldi IN W'IT1'ESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City Council of the City of Dairy City, Cali- fornia, this 25th day of March , 1957 Ordinance No 18 -5- Martin Olsthoorn City Clerk of the City Council of the City of Dairy City