Ordinance No. 308ORDINANCE NO 308
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING CHAPTER 11 ARTICLE 2 "FIREWORKS" OF THE CODE
OF THE CITY OF CYPRESS
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS.
SECTION I. Chapter 11 Article II "FIREWORKS" of the Code of the
City of Cypress is amended hereby to read as follows
ARTICLE II FIREWORKS
Sec. 11-4. Definitions.
For the purposes of this article, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
Fireworks. "Fireworks' shall mean and include any combustible or
explosive composition, or any substance or combination of substances, or
article prepared for the purpose of producing a visible or an audible
effect by combustion, explosion deflagration or detonation, and shall
include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns
in which explosives are used, the type of balloons which require fire
underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman
candles Daygo bombs sparklers or other devices of like construction
and any devices containing any explosive or flammable compound, or any
tablets or other device containing any explosive substance, except that
the term "fireworks" shall not include any auto flares paper caps
containing not in excess of an average of twenty-five hundredths of a
grain of explosive content per cap, and toy pistols, toy canes, toy guns
or other devices for use of such caps, the sale and use of which shall
be permitted at all times
Dangerous Fireworks Every fireworks article which does not bear
the "safe and sane" classification label of the State Fire Marshal shall
be considered to be dangerous fireworks.
Safe and Sane fireworks 'Safe and Sane' fireworks shall include
only those fireworks articles that have been classified and registered
as "Safe and Sane" by the State Fire Marshal.
Property owner. Shall be one who is listed on the last tax assess-
ment role or who has subsequently acquired property within the City of
Cypress
Fraternal organization. Is defined for the purposes of this chapter
to be any fraternal, benevolent, patriotic, charitable, civic or religious
organization not organized for profit and having a substantial number of
members residing in the City of Cypress which shall have had a definite
meeting place and a regular periodic meeting time for at least six months
immediately prior to the application for any permit under this chapter
Such organizations shall not include those whose purposes are to promote
partisan politics
Section 11-5. Sale, display, use, etc., of 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 11-6. Days of discharge
No person shall discharge any fireworks except from the first to the fifth
days of July of each year, and at no other time
Section 11-7 Sale of safe and sane fireworks
No person shall sell safe and sane fireworks in the City of Cypress except
from a temporary stand erected and maintained solely for the display and
sale of such fireworks
Ordinance No 308
Section 11-8 Permits required for temporary stands
No person shall display sell or engage in the business of selling safe and
sane fireworks from the temporary stand without having first obtained a
permit to do so as provided in this chapter
Section 11-9 Persons to whom permits shall be issued
Permits shall be issued only to local fraternal organizations or property
owners as defined in Section 11-4 of this code
Section 11-10 Limitations on permits
Each fraternal organization and each property owner shall be limited to
one permit per year and each permit shall be limited to one stand
Section 11-11. Period of sales
No person shall sell any type of fireworks at any time except from
June 26 to July 4, inclusive,of any year
Section 11-12. Application requirements
Each applicant for a permit shall file his application with the City
Clerk Each application shall include the following.
a The name and address of the applicant
b The applicant's status as a fraternal organization or property
owner
c The name and address of the officers, if any, of the organization
d. The location where the applicant will sell fireworks.
e 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
f The applicant s State Board of Equalization sales tax permit
number
g•
Such other information as the City Clerk may require.
Section 11-13. Filing fee.
The application shall be accompanied by a filing fee payable to the City
of Cypress no part of which may be waived or refunded The fee for a
fraternal organization shall be $10 and for a property owner it shall
be $100
Section 11-14. Time of application.
Any application shall be filed with the City Clerk on or before May 25
of the calendar year for which the permit is sought Any permit issued
shall be valid only for the premises or location for which issued, shall
not be transferable, signable, or renewable, and shall be valid only for
the dates specified in the permit
Section 11-15 Location approval
The applicant shall submit a plot plan of the location of all structures
and parking areas for the temporary fireworks stand to the City Clerk
Section 11-16 Location of the stand
Fireworks stands shall be located only on arterial highways No stand
shall becloser than 750 feet from a stand which has a previously issued
permit. It shall not be located within 100 feet of any establishment which
stores or dispenses gasoline or other inflamable liquids No stand shall
be located closer than 5 feet from a sidewalk Any stand located on an
arterial highway, which is not improved with curb and gutter, shall conform
to the following setbacks measured from the center of the paved portion of
the highway
Ordinance No 308
a Major divided highways shall have a 110 foot setback
b Major undivided highways shall have a 105 foot setback
c Primary highways shall have a 85 foot setback
d Secondary highways shall have a 70 foot setback
Section 11-17. Insurance required
Each application for a permit required by Section 11-8 shall be accompanied
with acertificate from an insurer authorized to insure risks within the
State of California, to the effect that the application has in effect,
for the period on or beginning on the date the application was filed and
ending on July 31 for the year for which the application was filed, public
liaiblity insurance in the amount as required by the City Attorney Such
insurance is required of any applicant for a permit under this article
Should any of the insurance required by this section expire, terminate or
be cancelled on or before July 31 of the year for which the application is
filed and the permit is issued, the applicant or permittee shall notify
the City Clerk of that fact, and, whether or not such notice is given, no
permit shall be'alid after any such insurance has expired, terminated or
been cancelled
Section 11-18. Clean-up bond required
The applicant shall submit to the Director of Finance a cash deposit in the
amount of $50 00 prior to the fifteenth day of June of the year for which
the permit is issued to be forfeited to the City in the event that the
permittee does not remove said stand, equipment and rubbish franthe premises
upon which the stand is located before 12.01 a m of July 11 of the year
for which said permit is granted An inspection shall be made by the
City to determine if all equipment, rubbish and debris are removed before
the cash shall be returned by the Finance Director.
Section 11-19. Issuance of Permit.
Before issuing any permit, the City Clerk shall require an investigation to
he made of each application and shall make a written report of the findings,
which report shall be attached to the application If it is determined that
all provisions of law and the Cypress Municipal Code are or will be complied
with by the applicant, and that granting the permit will not be detrimental
to the public safety, then such permit shall be issued by the City Clerk
provided, however that hte applicant must secure a Building and Electrical
Permit before the issuance of the permit
Section 11-20 Appeal from denial of permit
If the City Clerk denies the application, then the applicant may make an
appeal from such action by filing a written notice of appeal with the City
Council Such written notice shall be filed with the City Clerk within ten
days of the date of the action of the City Cirk and shall set forth the
reasons for appeal from the action of the City Clerk Upon receipt of a
notice of appeal a hearing shall be set before the City Council not less
than ten days nor more than thirty days from the date of the filing of the
appeal At such hearing the Council may deny such application or grant such
application upon such conditions as the Council shall deem proper
Section 11-21. Regulations for temporary stands.
All temporary stands for the display and sale of fireworks shall be located,
maintained and opertated subject to the following provisions:
a Any person operating any such stand shall abide by and comply with
all the matters set forth in the application for permit tocperate
the same and all conditions and restrictions imposed by the City
Clerk or City Council in granting the permit
b There shall be installed and 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.
Ordinance No 308
c 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
d 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 Chief of the Fire Department
e. All temporary stands used for the sale or display of fireworks shall
secure an electrical permit prior to any electrical work and a build-
ing permit prior to the erection of the stand from the Superintendent
of Building
f No arc or Klieg light shall be located within seventy-five (75)
feet of any temporary stand displaying, or selling, or offering
for sale fireworks
g Fireworks shall be sold only between the hours of 9.00 a m and
10.00 p m during the days provided by Sec 11-11 of the Cypress
City Code
h. Fireworks shall be stored and kept in the permittee s sales booth
It shall be unlawful to store any fireworks in any building, residence,
garage, home or automobile within the City of Cypress
i. There shall be at least one adult in attendance during the open or
sale hours of the fireworks stand
j There shall not be allowed any person within the structure or
display area under the age of sixteen (16)
k All permits must be displayed in a conspicuous place
1 Permitee shall remove all weeds and combustible material around the
fireworks stand for a distance of fifty (50) feet
Section 11-22. Permit voided: Conditions.
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 conditions imposed by the City
Clerk or Council in granting said permit, or upon the violations of any
ordinance, rule, regulation or condition applicable to the possession
and sale, or offer to sell, fireworks in the City of Cypress
Section 11-23 Public fireworks display
Notwithstanding any other provisions of this article, the City Council in
its discretion may grant permits to fraternal organizations for public displays
of fireworks under the supervision of the fire marshal Applications for such
permits shall be filed with the fire marshal not less than 30 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 City Council
may in granting such permit, eliminate from such 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 marshal or such persons as he shall designate and authorize The
fee for such permit shall be ten (10) dollars for each display Such display
shall be held at such place and time as designated in the permit The
applicant for such permit shall provide insurance in such amount as approved
by the City Attorney
Section 11-24 Severability
If any section, subsection, sentence, clause or phrase of this chapter is for
any reason held to be unconstitutional or void, such decision shall not affect
the validity of the remaining portions of this chapter The City Council
hereby declares that it would have adopted and passed this chapter and each
section, subsection, sentence, clause and phrase thereof irrespective of
the fact that any one or more sections, subsections, sentences, clauses or
phrases be declared unconstitutional or void
Ordinance No. 308
121
PASSED ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the llth day of April, 1966
MAYOR OF THE CITY/OF CYPRESS
ATTEST.
-4
4,2,
CITY 'C ERIC 0 THE CI 6
OF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
I DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Ordinance was adopted at a regular meeting of the said
City Council held on the llth day of April, 1966, by the following vote.
AYES• 5 COUNCILMEN. Gorzeman, Kanel, McCarney Wright and Noe
NOES 0 COUNCILMEN. None
ABSENT: 0 COUNCILMEN. None
(lrriinanrc. Nn 211R
CITY CLERK OF THE CITY OF CYPRESS