Ordinance No. 659ORDINANCE NO. 659
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CYPRESS AMENDING SECTION
5- 2(D)(5) OF THE CODE OF THE CITY
OF CYPRESS RELATING TO THE SALE OF
SAFE AND SANE FIREWORKS
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES
ORDAIN AS FOLLOWS:
SECTION 1. Section 5- 2(D)(5) of the Code of the City
of Cypress hereby is amended by amending and adding the fol-
lowing sub - subparagraphs of subsection (b) referred to therein
to read as follows:
1. No fireworks shall be sold unless a permit to
do so is first obtained as provided for in this Sub-
paragraph (b); and no fireworks shall be sold other
than on July 3 and July 4 between the hours of 10:00
a.m. and 10:00 p.m.
15. At least one person eighteen (18) years of
age or older shall be in attendance at all times. No
person less than eighteen (18) years of age shall be
permitted inside the stand. No person under the age
of eighteen (18) shall be permitted to purchase fire-
works either directly from the permit holder or in-
directly through any agent or employee of the permit
holder; and it shall be the duty of the person selling
fireworks to verify the age of the purchaser by an in-
spection of his or her driver's license. There shall
be prominently displayed in the stand one or more
signs, readable from the area at which purchases will
be made, stating that purchasers must be at least
eighteen (18) years of age and must produce a driver's
license as proof of age. The sale of fireworks to a
person under the age of eighteen (18) shall render the
permit void and shall make the permit holder in-
eligible for any future permits under this subsection.
17. Each application for a permit required by
this subparagraph (b) shall be accompanied by a cer-
tificate from an insurer, licensed to do business in
the State, to the effect that the applicant has in
effect, for the period commencing June 30 and ending
on July 31 of the year for which the permit applica-
tion was filed, one or more policies of comprehensive
public liability insurance insuring against all claims
for injuries to persons or property arising out of or
in connection with the activities of the applicant
related in any way to the sale of fireworks. Such
policy or policies shall have limits of not less than
Five Hundred Thousand Dollars ($500,000) for injuries
to persons and not less than One Hundred Thousand
Dollars ($100,000) for damage to property. Such
Certificate shall specify that the City of Cypress is
named as an additional insured under the policy or
policies evidenced thereby and that such policy or
policies may not be cancelled without ten (10) days
written notice to the City of Cypress.
185
186
18. By accepting a permit from the City, the
applicant agrees to hold harmless, indemnify, and
defend the City, its officers, agents, and employees
from and against every claim or demand for personal
injury or property damage caused by any act of ne-
glect, default, commission or omission of the
applicant or its officers, agents, and employees.
19. No fireworks stand shall be moved onto or
erected upon any property prior to June 23, and all
firework stands shall be removed and the premises upon
which they were located cleaned of all debris prior to
July 12.
20. No person shall discharge any firework
except between sundown and 10:00 p.m. on July 4.
SECTION 2. Severability. If any section, subsection,
subdivision, sentence, clause, phrase or portion of this
Ordinance, or the application theeof to any person or place, if
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, subdivision, sentence,
clause, phrase or portion thereof, irrespective of the fact
that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions, or the application
thereof to any person or place, be declared invalid or un-
constitutional.
SECTION 3. 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 within the City.
FIRST READ at a regular meeting of the City Council of
said City held on the 28th day of April , 1980, and finally
ordered published at a regular meeting of said Council held on
the 12th day of May , 1980.
ATTEST:
CITYCLE
'1 ITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE
/444
MAYOR OF 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 held on the 12th day of May
1980; by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Coronado, Lacayo, Mullen and Evans
NOES: 1 COUNCIL MEMBERS: Rowan
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK
2
E TY OF CYPRESS