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HomeMy WebLinkAboutOrd 398-1956[l,Iun. File No. 5097 ~,2~w ~ .~:;~..~ s;~::~::;,~:~.~ ORDINANCE NO. 398 AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO AMENDING ORDINANCE NO. 202' OF SAID CITY SO AS TO PERNIT, SUBJECT TO CERTAIN CONDITIONS, THE STORAGE OF EXPLOSIVES WITHIN SAID CITY The City Council of the City of South San Francisco does ordain ss follows: Section 1. Ordinance No. 202 of the City of South San Francisco, the ordinance designated in the title hereof, is hereby amended by changing Section 5 and Section 6 thereof to read as follows: "Section 5. Explosives of the type generally used for blasting purposes may be stored within the corporate limits of the City of South San Francisco, provided that not more than Twenty Thousand (20,000) pounds of such explosives shall be stored within the City limits of said City st any one time." "Section 6. Explosives for blasting purposes shall be stored strictly in accordance with the pro- visions of Chapter 3 of Division 11, Part 2, of the Health and Safety Code of the State of California, and with the provisions of Title 8 of the Administra- tive Code of the State of California." Section 2. The aforesaid Ordinance No. 202. is further amended by adding thereto two new sections to be designated ss Section 6(a) and Section 6(b), and reading as follows: "Section 6(a). Any person, persons, firm, or corporation desiring to store within the confines of the City of South San Francisco explosives to be used * - Ordinance No. 202 of the City of South San Francisco was passed and adopted on the 12th day of June 1939 and is entitled: "AN ORDINANCE REGULATING BLASTING OPERATIONS IN THE CITY OF SOUTH SAN FRANCISCO AND PROVIDING FOR LICENSING THE SA~E". 1. for blasting purposes shall first make written applica- tion to the City Council for permission in that regard. The application shall designate the exact location proposed to be used for storage purposes, the nature and quantity of the explosives desired to be stored, the conditions and circumstances under which storage shall be made, together with the name of the person or persons supervising and controlling such storage, and the duration of time for which it is desired that permission be given. In addition, such application shall be signed by the applicant, if an individual, and by a properly authorized officer if the applicant be a firm or corporation. "Upon receipt of Shy such application by the City, the City Clerk shall refer the same to the Director of Public ~orks so that he may make sn appropriate in- vestigation and report. Said Director of ~ublic Works shall, within two (2) weeks from the date of referral, file his written recommendations and report with the City Clerk, who shall thereafter, without undue delay, forward the same to the City Council. Said City Council shall then grant or deny the application, and if such application should be granted, the City Council shall append to the permit such reasonable conditions as it shall deem advisable, such as, the requirement that adequate insurance be provided. In the event that insurance shall be required, it shall be on the same basis and subject to the same conditions as is herein provided for in Section 2 and Section 14. Following favorable action by the City Council, the City Clerk shall issue the permit, which shall not be assignable or transferable in any way. If there be a change in ownership or control of the stored explosives, a new application for a permit to be issued hereunder shall be made immediately by the new owner, or by the new organization or person having control over said stored explosives. "After s permit to store explosives has been issued, the Director of Public Works shall make periodic inspections of the location of such stored explosives, which inspections shall be not less frequently than once per week. If he shall find any hazardous con- dition existing or a violation of, or a lack of strict compliance with, the regulations governing the storage of explosives, then he shall immediately demand full and complete observation of such regulations. In the event that his demand shall not be acceded to, the Director of Public Works shall revoke the permit to store ex- plosives, and the person or persons having control over any stored explosives shall immediately remove the same from the confines of the City. A full report on the matter shall be made by the Director of Public }orks to the City Council at the earliest possible date. "The provisions of this Section relative to the storage of explosives for blasting purposes sha,ll apply in every case where it is desired to store explosives for any purpose whatsoever, and it shall be unlawful for anyone to store explosives within the confines of the City of South San Francisco, or.to maintain stored explosives therein, without first procuring a permit hereunder, save and except that one (1) day's supply of explosives may be maintained on hand without the necessity of obtaining a special permit providing for the storage of explosives. Further, it shall be unlawful, and a violation of this ordinance, for anyone to store explosives within the City of South San Francisco for any purpose whatsoever, or to maintain a supply of stored explosives within said City, unless there shall be at all times a valid and subsisting permit issued hereunder for that purpose." "Section 6(b). Before any permit may be issued authorizing the storage of explosives for blasting purposes, a fee of Twenty-five Dollars ($25.00) shall be paid to the City Clerk. In addition, each applicant shall be responsible to the City of South San Francisco for the actual expense of conducting any inspections provided for herein, with a minimum fee of Fifteen Dollars ($15.00) for each inspection. All inspection fees shall be remitted forthwith to the City Clerk upon demand being made by the Director of Public Works." Section 3. This ordinance shall, upon its adoption, take effect immediately as an urgency measure, a statement of the urgency being as follows: There is presently being conducted within the City of South San Francisco an extensive land development in the industrial section of said City, east of Airport Boulevard, and unless this ordinance takes effect immediately, the completion of the aforesaid land development will be unduly hampered and delayed, which will result in serious inconvenience to the City of South San Francisco, and to certain owners of property situate therein, as well as a considerable loss in tax revenues which should result from the proposed land development. Section 4. The aforesaid Ordinance No. 202 is hereby further amended by changing Section 15 thereof to read as follows: "Section 15. Any person, firm, or corporation who or which shall violate any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to s fine o£ not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00), or by im- prisonment in the County Jail for s period of not more thmn three (3) months, or by both such fine and imprisonment. The penalties in this Section provided for shall be in mddition to, and cumulative upon, shy and all other penalties." $__ection 5. This ordinance shall be published once ss required by law and shall take effect as an urgency measure immediately upon its adoption. Introduced this 4th day of June 1956. Passed and adopted as an ordinance of the City of South San Francis,co at an adjourned regular meeting of the City Council of the City of South San Francisco this llth day of June 1956,~ by the following vote: AYES, COUNCILMEN Andrew Rocca, Francis Lucchio, Emilio Cortesi, Leo Ryan, G. J. Rozzi NOES, " None ABSENT, " None ATTEST: City Clerk As Mayor of the City of South San Francisco, I do hereby approve of the foregoing Ordinance this llth day of June 1956. OF SOUTH SAN FRANCISCO e