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HomeMy WebLinkAboutOrd 479-1962 Ot:U)INA.~CE NO. AN ORDINANCE REGULATING THE SALE OF FIREWORKS IN THE CITY OF SOUTH SAN FRANCISCO BE IT ORDAINED by the City Council of the City of South San Francisco as follows: SECTION I: It shall be unlawful for any person, firm or cor- poration to possess, sell or transfer fireworks in the City of South San Francisco except fireworks designated as "safe and sane fire- works? as classified in Division 11 Part 2 of the Health and Safety Code of the State of California or as designated by the State Fire Marshal of the State of California pursuant thereto. SECTION II: It shall be unlawful for any person, firm or cor- poration to possess, sell or transfer safe and sane fireworks without first having obtained a permit to do so from the City of South San F~ancisco as herein provided. SECTION III: The City Council of the City of South San Francisco shall prescribe by ordinance or resolution reasonable conditions upon which the permit may be issued and because the issuance of a permit to sell, possess and transfer fireworks may present a hazard to the public and property and further provide an occasion for the introduction and distribution into the com- munity of dangerous fireworks, the City Council may include in said conditions for the issuance of said permit that the applicant for a period of not less than one year prior to the date of application have established in the City of South San Francisco a reputation as a responsible, careful, law-abiding person, firm or corporation; and further may include that not more than one permit be issued to an applicant and that permits be issued on a population basis establishing a schedule of not more than two permits per 4000 people in the City of South San Francisco, and may further estab- lish a priority among the applicants based on the application, time of filing, the aforegoing provisions, other conditions estab- lished by this ordinance and further ordinances or resolutions of the City Council, the investigations, report and recommendations of the Chief of the Fire Department and Building Inspector that will cause permits to be issued to persons, firms or corporations best qualified to sell, transfer or possess safe and sane fireworks in a manner which will protect the public safety and welfare. The conditions may further include the requirement that applicant upon issuance of the permit file with the City Clerk one or more of the following insurance certificates: 1. Public Liability, 2. Property Damage, 3. Workman's Compensation, the sufficiency of which shall be approved by the City Attorney. SECTION IV: Permit Procedure. Subsection A. Applications: Application for permit to sell, possess or transfer safe and sane fireworks in the City of South San Francisco shall be written on the form provided by City and filed with the City Clerk on or before June 1. A copy of the license to sell said fireworks issued by the State Fire Marshal or other authorized State official having jurisdiction to issue such licenses shall be attached to the application. The applicant shall deposit at the time of filing the application license fee of $25.00. Subsection B: City Clerk shall refer each application to the Chief of the Fire Department and Building Inspector for an investigation, upon completion of which they shall submit a~report of findings and a recommendation for or against the issuance of a permit together with reasons therefore. Subsection C: No permit for sale of safe and sane fire- works shall be issued in a residentially zoned district. Subsection D: The City Clerk shall issue a permit to appli- cant upon determining that the findings and recommendations of the Chief of the Fire Department and Building Inspector and the appli- cant's undertakings comply with the reasonable conditions pres- cribed by the City Council for issuance of said permit, otherwise the City Clerk shall deny the permit. Subsection E: The permit shall be valid from 12 noon of June 28 to 12 noon July 6 of the year in which it is issued and with the expiration of said period all unsold stock shall be removed from the City and the temporary fireworks stand shall be immed- iately removed from the temporary location. SECTION V: Sales of safe and sane fireworks shall be conducted at a stand approved by the Chief of the Fire Department and Building Inspector. Temporary stands for the sale of fireworks need not comply with the Building Code of the City but said stands shall be erected in a manner that will reasonably prov&de for the public health, welfare and safety and the safety of the attendants and patrons. The Building Inspector and the Bureau of Fire Prevention shall inspect the stand to determine whether it is safe for said purpose. The stand shall not be located within 25 feet of any other building or within 50 feet of any gasoline station property or on any gasoline station property, SECTION VI: On or before 12 o'clock noon July 6 of the year in which the permit is issued, applicant sh~ll remove from the City all unsold stock and shall remove from the site the temporary fire- works stand and the accompanying equipment, supplies, boxes, debris and litter deposited, collected or accumulated at the stand lo- cation by reason of operation of the stand, and should applicant fail to so remove them, City may remove them or cause them to be removed and charge the cost of removal to applicant. Applicant shall sign a statement upon receiving the permit agreeing to indemnify City for said cost and further agreeing that should legal proceed- ings be required to effect collection of said cost, applicant shall pay reasonable attorney's fees and court cost. SECTION VII: Any person, firm or corporation violating any~of the provisions of this ordinance shall be deemed guilty of a mis- demeanor and upon a conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment for a period of not more than six months, or by both such fine and imprisonment. SECTION VIII: This ordinance shall be in full force and effect thirty (30) days after the date of final passage and approval. The Clerk shall certify to the passage of this ordinance and cause the same to be published in the Enterprise-Journal as required by law. e SECTION IX: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance, as the City Council declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Introduced this 16~h day of ADril , 1962 . Passed and adopted as an ordinance of the City of South San Francisco at a remular meeting of the City Council of the City of South San Francisco this ?th day of May , 1962 , by the following vote: AYES, COUNCILMEN Leo J. R~an, Patrick E. Ahem, Emilio Cortesl, and Andrew Rocca NOES, " None ABSENT, " G.J. Rozzi ATTEST: ( - City Clerk As Mayor of the City of South San Francisco, I do hereby ap- prove of the foregoing ordinance this ?th day of Maw , 19 62 .