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HomeMy WebLinkAboutORD FOR ADOPTION 06-04-84 (2)ORDI NO. 2 6-4 -84 ;CES FOR ADOPTION AGENDA ITEM: ORDINANCE NO. 913 - An URGENCY Ordinance of the City Council of the City of Tustin, California, REGULATING THE SALE OF FIREWORKS BACKGROUND: The State Legislature is presently considering Senate Bill 2333 which would reaffirm and expressly acknowledge the fundamental principle that the sale, as well as the use, of "safe and sane" fireworks is a matter of local concern and strictly a municipal affair. In the event the State Legislature fails to authorize cities to pro- hibit the sale, as well as the use, of fireworks in order to protect the public health, safety and welfare, it is necessary that Ordinance No. 913 be adopted as an urgency measure which would regulate the sale of "safe and sane" fireworks within the corporate limits of the City of Tustin. RECO~IENDATION: M. O. - That Ordinance No. 913 have first reading by title only. M. O. - That Ordinance No. 913 be introduced. M. O. - That Ordinance No. 913 have second reading by title only. M. O. - That Ordinance No. 913 be passed and adopted. (Roll Call Vote - 4/5ths majority required for passage) 1 6 ? 8 9 10 11 12 16 17 18 19 ~0 ~2 ~6 ~8 ORDINANCE NO. 913 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REGULATING THE SALE OF FIREWORKS The City Council of the City of Tustin, California, does hereby ordain as follows: The City Council hereby finds and determines as follows: WHEREAS, the citizens of the City of Tustin have expressed their opposition to the sale, as well as the use of all fireworks within the community, and such opposition includes action on ballot propositions in 1980 adopting a city ordinance prohibiting the sale and use of fireworks within the corporate limits of the City; and WHEREAS, the First District Court of Appeal in the recent case of Ventura v. City of San Jose, although stating that cities may regulate the use of fireworks, has held that local govern- ments are preempted by State law from prohibiting the sale of "safe and sane" fireworks; and WHEREAS, the State Legislature is presently considering Senate Bill 2333 which would reaffirm and expressly acknowledge the fundamental principle that the sale, as well as the use, of "safe and sane" fireworks is a matter of local concern and strictly a municipal affair; and WHEREAS, in the event the State Legislature fails to autho- rize cities to prohibit the sale, as well as the use, of fire- works in order to protect the public health, safety and welfare, it is necessary that an ordinance be adopted as an urgency measure which would regulate the sale of "safe and sane" fire- works within the corporate limits of the City; and WHEREAS, this ordinance is hereby adopted as an urgency measure to protect the public health, safety and welfare, and is adopted as an urgency measure by a four-fifths (4/5ths) vote pursuant to the provisions of Section 36937 of the Government Code and shall take effect immediately upon passage. Section 1: Paragraph (i) is hereby added to Section 5133 of the Tustin City Code to read as follows: "(i) Section 78-107 is added to Article 78 of the Uniform Fire Code to read as follows: 'Section 78.107. Dangerous Fireworks Prohibited. No person, firm or organization shall manufacturer, store, display, sell, offer for sale, or possess any dangerous fireworks within the City of Tustin. A. 'Dangerous Fireworks' Defined. For purposes of this Code, 'dangerous fireworks' as defined in the State fireworks law and the regulations of the State Fire 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Marshall adopted pursuant thereto, as they may, from time to time, be amended.'" Section 2: Paragraph (j) is hereby added to Section 5133 of the Tustin city Code to read as follows: "(j) Section 78.108 is added to Article 78 of the Uniform Fire Code to read as follows: 'Section 78-108. Regulation of Sale of Safe and Sane Fireworks. Except as hereinafter provided, it shall be unlawful for any person to possess, store, to offer for sale, expose for sale, sell at retail or explode any 'safe and sane' fireworks; provided that the Zoning Administrator shall have the power to adopt reasonable rules and regulations for the granting of permits for the supervised sale of fireworks. A. 'Safe and Sane Fireworks' Defined. For purposes of this Code, 'safe and sane fireworks' shall mean 'safe and sane fireworks' as defined in the State fireworks law and the regulations of the State Fire Marshall adopted pursuant thereto, as they may, from time to time, be amended. B. Application requirements. Each applicant for a permit shall file his application with the Zoning Adminis- trator. Each application shall'show the following: 1. Name and address of applicant. 2. The names and addresses of the officers, if any, of the applicant. 3. The location(s) where the applicant intends to sell fireworks. 4. The number of stands at which the applicant intends to sell fireworks, as authorized by the Zoning Administrator. 5. Such other information as the zoning Adminis- trator may require. C. Permit Not Transferable. Any permit issued shall be valid only for the premises or location(s) for which issued, shall not be transferable, assignable, or re- newable, and shall be valid only for the dates specified in the permit. D. Location Approval. Applicant shall submit plot plan and location for temporary firework stands to the Zoning Administrator. Firework stands shall be located in the Industrial (M) District within the City of Tustin, and shall be subject to a Conditional Use Permit; provided, 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2~ 25 26 27 28 however, due to the imminence of the July 4th holiday on the date of the passage of this ordinance, applicants for permits shall, in 1984, not be required to acquire a conditional use permit, and shall only be subject to the requirement of approval by the Zoning Administrator as pro- vided in this article. E. Investigation of Applications. The Zoning Adminis- trator shall, immediately upon receipt of the application, refer said application to the Fire Chief, who shall make an investigation of the application and the facts contained therein, and shall submit a report of his findings to the Zoning Administrator. F. Issuance of Permit. The Zoning Administrator shall have the power, at its discretion, to deny or grant the issuance of a permit for erection of a temporary stand, and the sale of fireworks, based upon the report and recommendation of the Fire Chief. G. Regulations for Temporary Stands. Ail temporary stands for the display and sale of fireworks shall be located, maintained and operated subject to the following provisions: 1. Permittee shall stricly comply with all the provisions of Sections 12500 through 12725 of the Health and Safety Code of the State of California. 2. Any person operating such stand shall abide by and comply with all matters set forth in the application for a permit to operate the same, and all conditions and restrictions imposed by the zoning Administrator in granting the permit. 3. Prior to the erection of any temporary stand, the Permittee shall procure public liability and property insurance covering its operation in and about said stand and premises in a minimum amount of $300,000.00 for death or injury for one person, $1,000,000.00 for death or in- jury to more than one person, and $100,000.00 property damage. The permittee shall file a certificate of such insurance with the City Clerk, naming the City as an additional insured. 4. No fireworks display or stand shall be erected within 300 feet of any gasoline'or service station property, residence, church or school, nor within 100 feet of any other structure. Minimum setback from the street curbing shall be 10 feet. 5. There shall be installed and maintained in each premises or stand within which fireworks are sold or offered for sale, suitable fire extinguishers of the type and number approved by the Chief of the Fire Department. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 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 100 feet thereof. 7. No smoking, open flame, or spark producing devices shall be allowed in any structure used for the sale or display of fireworks nor within 50 feet of said structure. 'No Smoking' signs shall be prominently dis- played in a number prescribed by the Fire Chief. 8. Ail temporary stands used for the display or sale of fireworks shall be constructed in accordance with the plans submitted by the applicant and approved by the Zoning Administrator. 9. Ail temporary stands used for the sale or dis- play of fireworks shall require an electrical permit from the Building Department prior to any electrical work. 10. No arc or klieg lights shall be located within 100 feet of any temporary stand displaying or selling or offering for sale fireworks. 11. Fireworks shall be sold only between the hours of 9:00 a.m. and 10:00 p.m., during the days authorized by the State Fire Marshall. 12. Fireworks shall be stored and kept in the permittee's sale booth. It shall be unlawful to store any fireworks in any building, residence, garage, home or automobile within the City. 13. There shall be at least one adult in attendance during the open or sale hours of the fireworks stands. 14. No person under the age of 18 years shall be allowed within the structure or display area. Those per- sons within such stand shall be required to provide proper identification upon the request of the fire authority. 15. The permittee shall provide an adult night watch- man to act and serve during the hours of storage. Under no circumstanaces shall the night watchman sleep within the fireworks stand or within 25 feet thereof. No person shall possess or consume any alcoholic beverages in or about the fireworks stand or storage site. 16. Ail permits must be displayed in a conspicuous place open to public view. 17. The permittee shall remove all weeds and com- bustible material around the firework stand for a distance of 50 feet. 18. Portable generators shall not be permitted within -4- 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 50 feet of such stands. 19. Flammable liquids shall be prohibited within the stand or within 50 feet thereof. 20. Each stand shall be equipped with a significant number of trash containers to adequately contain the trash generated from the operation of the stand; all containers shall be metal, with lids. 21. Each authorized firework stand shall maintain a sign, not less than three (3) feet by six (6) feet in dimension, on each exterior wall, at the highest point on the wall with a lettering at least three (3) inches in height which reads as follows: 'THE POSSESSION, USE, OR DISCHARGE OF FIRE- WORKS IS PROHIBITED WITHIN THE CITY LIMITS OF THE CITY OF TUSTIN;' (TCC SECTION 5133) H. Severability. It is the intent of the City Council, in adopting this Section 2, that should any work, clause, or provision hereof be found void or invalid by any court for any reason, that the remainder hereof would have been adopted notwithstanding the finding of such court. Therefore, should any portion thereof be found to be void or invalid, said portion shall be severed, and the remainder shall remain valid and in full force.'" PASSED AND ADOPTED at a meeting of the City Council of the Cit'y of Tustin, held this day of , 1984. Mayor ATTEST: City Clerk -5-