Ordinance No. 792ORDINANCE NO. 792
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS AMENDING SECTION 5 -2 OF
THE CODE OF THE CITY OF CYPRESS BY REPEALING
SECTION 5- 2(E)(9) [WHICH WAS ADOPTED AS
ORDINANCE NO. 779 ON AUGUST 24, 1987 ]
AND BY THE ADDITION OF A NEW SECTION PROHIBITING
THE SALE, DISTRIBUTION, OR DISCHARGE OF
FIREWORKS WITHIN THE CITY LIMITS
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS:
SECTION I: Section 5- 2.(E)(9) of the Code of the City of
Cypress, (which was adopted as Ordinance No. 779 on August 24,198J,
is hereby repealed.
SECTION II: Chapter 17 of the Code of the City of Cypress is
hereby amended by the addition of a new Section 17 -51, "Fireworks,
prohibition on the sale, distribution, or discharge thereof,"
a new Section :17-52, "Penalty for violation," and a new Section 17-
53• "Civil remedies available," as follows:
"Sec. 17 -51. Fireworks, prohibition on the sale, distribution,
and discharge thereof.
Except as is otherwise expressly provided in this
Chapter, it shall be unlawful for any person to possess,
to store, to manufacture, to fabricate or assemble, to
offer for sale, to expose for sale, to sale or resale,
or to explode, to use, or to discharge any fireworks
within the City. "Fireworks" as used in this Chapter,
17, shall be defined as any device containing chemical
elements and chemical compounds capable of burning indep-
endently of oxygen of the atmosphere and producing audible,
visual, mechanical, or thermal effects which are useful
as pyrotechnic devices or for entertainment. The term
"fireworks" includes, but is not limited to, devices
designated by the manufacturer as fireworks, torpedoes,
skyrockets, roman candles, rockets, Daygo bombs, sparklers,
party poppers, paper caps, chasers, fountains. smoke sparks,
aerial bombs, and fireworks kits, and any additional
provisions as may be set fourth in the Health and
safety Code of the State of California, $12511 as it
may be amended from time to time.
EXCEPTION: Nothing in this Section shall preclude
the presentation of a public display of fireworks including,
but not limited to "safe and sane" fireworks, by the City.
The City Council may contract with a person. firm, partner-
ship, or corporation to provide such public display or the
City Council may authorize by special permit any organization
to contract with a person. firm, partnership, or corp-
oration to provide such public display of fireworks
upon terms and conditions deemed advisable by the City
Council. Applications for such special permit shall be
submitted at least forty--five days prior to the date of
said display."
"Sec. 17,52. Penalty for violation.
Any person, persons, firm, partnership, or corporations
violating any provision of Section 17- 5lshall be deemed
guilty of a misdemeanor and upon conviction thereof shall
be punished by a fine not exceeding five hundred dollars
($500.00) or by imprisonment not exceeding six (6) months,
or by both such fine and imprisonment. Each such person,
persons, firm, partnership, or corporation shall be deemed
guilty of a separate offense for each and every firework
discharged, for each and every firework sold, and for each
and every day or portion thereof during which any violation
of Section 17 -51 is committed, continued, or permitted by
such person, persons, firm, partnership, or corporation,
and shall be deemed punishable therefor as provided in this
Section."
"Sec. 17 -53 .Civil remedies available.
The violation of any of the provisions of Section
17 -51 shall constitute a nuisance and may be abated by
the City through civil process by means of restraining
order, preliminary or permanent injunction, or in any
other manner provided by law for abatement of nuisances.
SECTION III: If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this Ordinance, or the application
thereof to any person, or place, is for any reason held to be invalid
or unconstitutional by the decision of any court of competent
jurisdiction such decision shall not affect the validity of the
remaining portions of this Ordinance or its application to other
persons or places. The City Council hereby declares that it would
have adopted this Ordinance, and each section, subsection, sub-
division, sentence, clause, phrase, or portion thereof, irrespective
of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrase, or portion of the application thereof to
any person or place, be declared invalid or unconstitutional.
SECTION IV: The City Clerk is hereby authorized and directed to
certify as to the passage of this Ordinance and to give notice
thereof by causing copies of this Ordinance to be posted in three
public places throughout the City.
FIRST READ at a regular meeting of the City Council of said City
held on the 14th day of December 1987; and finally adopted at a regular
meeting held on the llth day of January 1988.
ATTEST:
CITY CLERK
ITY OF CYPRESS
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE
MAY
a/ad/2Z 0,4114/
OF THE CITY OF CYPRESS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY
CERTIFY that the foregoing Ordinance was duly adopted at a regular
meeting of the said City Council on the llth day of January 1988;
by the following roll call vote:
AYES: 4
NOES: 0
ABSENT: 1
COUNCIL MEMBERS: Coronado, Davis, Mullen and Arnold
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Kanel
CITY
E OF THTY OF CYPRESS