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Home My WebLink AboutORD NO 1930 ORDINANCE NO. 1930 AN ORDINANCE OF THE COUNCIL OF THE. CITY OF BAKERSFIELD ADDING CHAPTER 14.40 TO TITLE 14 OF THE MUNICIPAL CODE REGULATING THE SALE OF SAFE AND SANE FIREWORKS FROM TEMPORARY FIRE- WORKS STANDS WITHIN SAID CITY, AND REQUIRING PERMIT THEREFOR. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That Chapter 14.40 is hereby added to Title 14 of the Municipal Code of the City of Bakersfield to read as follows: CHAPTER 14.40 SALE OF SAFE AND SANE FIREWORKS Sections: 14.40.010 - Sale and Use in the City 14.40.020 - Permits Required 14.40.030 - Persons Eligible 14.40.040 - Application Requirements 14.40.050 - Regulations for Temporary Stands 14.40.060 - Number of Permits 14.40.070 - Penalty 14.40.010 - Sale and Use in the City. No person shall sell or offer for sale.or expose for sale within the City of Bakersfield any fireworks which are classified as dangerous fireworks under Section 12503 of the Healt'h and Safety Code, except that such fireworks as are defined and classified as Safe and Sane Fireworks in Section 12504 of the Health and Safety Code may be displayed, sold and used pursuant to the provisions of this Chapter and not otherwise. .14.40.020 - Permits Required. It shall be unlawful for any Per'son, firm, asso~iatidnf o~t~a~ion or c~o~a~10n lo sel~ any fireworks of any kind in the City of Bakersfield without 'having first applied for and received a permit therefor. 14.40.030 - Persons Eligible. A permit for the sale of Safe and Sane Fireworks shall be issued only to such applicants who meet the following qualifications: a. A non-profit organization or corporation organized and existing primarily for veteran, patriotic, religious, welfare, charitable or civic-betterment purposes 'having its principal and permanent meeting place in the City of Bakersfield; organized and established in the City for a period of at least one (1) year prior to the filing of application for permit hereunder and having a bona fide membership of at least 35 members; b. Retail business establishments which ~have, for a period of at least one (1) year, prior to the filing of application for permit hereunder, held a valid business tax certificate issued by the City under Chapter 6.20 of the Municipal Code; c. A permit shall not be issued unless the person, organization, establishment, corporation, or firm applying for the permit has first obtained a permit or license from the State Fire Marshal under Part 2, Division 11 of the Health and Safety Code of the State of California~ 14.40.040 - Application Requirements. Any application for a permit shall be filed with the City Finance Director, hereinafter called the Collector, in writing, between March 1 and April 15 of each year, except in 1971 When application shall be made on or before June 10. Any permit issued shall be valid only for the premises or location for which issued, shall not be transferable, assignable or renewable, and shall be valid only for the times and dates specified in the permit. Each application shall be accompanied by a filing fee of $50.00 payable to the City. Each application shall be accompanied by an assurance that if the permit is issued to applicant, applicant shall, at the time of receipt of such license, deliver to the Collector a $25/50,000 public liability and $5,000 propert~ damage insurance policy and products' liability insurance in the amount of $300,000, with riders attached to the policies designating the City as an additional insured thereunder. 2. Each application shall show the following: 1. Name and address of the applicant. 2. The purpose of the non-profit organization or corporation; its principal and permanent meeting place; the approximate date of its establishment in the City; the total number of its local membership;, and the names and addresses of its officers. 3. The applicant's business tax certificate number if it is a retail business establishment, and the name and address of all owners of such business. 4. The location Where the applicant will sell safe and sane fireworks, together with a plot plan showing location of t'he temp- orary fireworks stand and all related structures. 5. The zoning district applicable to the location Where such fireworks are to be displayed and sold. 14.40.050 - Resulations for Temporary Stands. Ail retail sales of safe and sane fireworks shall be permitted only from a temporary fireworks stand and the sale from any or'her building or structure is hereby prohibited. Temporary stands shall be subject to the following pro- visions: a. No fireworks stand shall be located within 100 feet of any gasoline storage or gasoline pump dr any garage or within thirty (30)feet of any other building, or wit'hin 600 feet of any other fireworks stand. b. Fireworks stands need not comply with the provis~ns of the Building Code of the City except that the building official shall have authority to require that stands be constructed in a manner which will reasonabl~ insure the safety of attendants and patrons. ~ FireWOrks stands shall be located in a C-1 zoning district or a zoning district less restrictive than C-1. 3. d. Ail temporary stands for the display and sale of fireworks shall obtain an electrical permit from the City Building Department prior to any electrical work. e. If a toilet is not immediately available during all open or sale hours of the fireworks stand, then an approved chem- ical one must be provided. f. Each stand in excess of twenty-four (24) feet in length must: have at least two exits. Each stand in excess of forty (40) feet in length must have at least three exits. g. Each stand shall be provided with two 2~-gallon "soda and acid" type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case of fire. h. No person shall light, or cause or permit to be lighted, any fireworks or any other article or material wit'hin any such stand,, or within fifty (50) feet thereof. i. No smoking shall be allowed in any stand nor within fifty (50) feet thereof. "No Smoking" signs shall be prominently displayed. j. Ail weeds and combustible material shall be cleared from the location of the stand, including a distance of at least twenty (20) feet surrounding the stand. k. There shall be at least one adult in attendance during the open or sale hours of the fireworks stand. No minor, age six- teen (16) or younger shall be permitted in a stand. 1. Ail permits must be posted in a conspicuous place. m. Fireworks shall be sold only between the hours of 12 Noon, June 28, to 12 Noon on July 6, as authorized by the State Fire Marshal. n. Permittee Shall strictly comply with ali provisions of the State Fireworks Law (Sections 12500 et seq. of the Health and Safety Code.) 4. o. The fireworks stand shall be removed from the temporary location by 12 Noon on the 15th day of July, and all accompanying litter shall be cleared from said location on or before said time. p. Prior to the erection of any temporary stand, the permittee shall post with the Collector a cash bond in t'he · sum of One Hundred Dollars ($100.00) to be forfeited to the City in the event the permittee fails to remove said stand, equipment and rubbish from the premises upon which the stand is located before 12 Noon on July 15, of the year for which said permit is granted. ~e cash bond shall be returned upon full performance of the requirements of this Chapter. 14.40.060 - Number of Permits. No one organization or business may receive more than one permit for fireworks sales during any one calendar year. 14.40.070 - Penalty. Any person, organization, association, firm or corporation violating any of t'he provisions of this Chapter shall be deemed guilty of a misdemeanor and upon con- viction thereof, shall be punishable by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in the County Jail for a period dot exceeding six mont'hs or by both such fine and imprisonment. o0o e I HEREBY CERTIFY t'hat the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 26th~day of April, 1971, by the following vote: AYES: COUNCILMEN BLEECKER, HEISEY, MEDDERS, REES, RUCKER, THOMAS, WHITTEMORE ABSENT COUNCILMEN: ~ ~ AP~STAtNING COUNCILMEN: . "~ ~ ~ CITY'CLERK and EM-officio Clerk of the Council of the City of Bakersfield / APPROVED this, ~'ttd~y/of April, 1971 MAYOR ~f ~ ~ ,f 'Bakersfield APPROVED: CITY ATTORNEY STATE OF CALIFORNIA,~ ss. .. County of Kern ~ MARIAN S. IRVIN, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on..: ........ ..A.p_.r...i.~....2...7.. ...................................................... 19.~..1... she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on .............. .A./?..r..i...1.....2...6. ................................ 19...7...1.., which ordinance was numbered ...........1...9..3...0. .................... New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 14.40 TO TITLE 14 OF THE MUNICIPAL CODE REGULATING THE SALE OF. SAFE AND SANE FIREWORKS FROM TEMPORARY FIRE- WORKS STANDS WITHIN SAID CITY, AND REQUIRING PERMIT THEREFOR. Subscribed and sworn to before me this .......... .............. .... -- ~ ~/ PRINCIPAL OFFICE ~N , "'~ ~1 ~ KERN COUNTY l MY COMMISSION EXPIRES JUNE 9. 197a