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ORDINANCE NO d J1 / <9
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO REGULATING STOR-
AGE. USE AND SALE OF SAFE AND SANE FIREWORKS WITHIN SAID CITY; AND
REPEALING ORDINANCE NO. 1423 AND SECTION 600 OF ORDINANCE NO. 821.
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41 THE MAYOR AND C(!.lMON COUNCIL OF THE CITY OF SAN BERNARDINO
! DO ORDAIN AS FOLLOWS:
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SECTION ONE: Safe and Sane Fireworks as defined by Section
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12504 of the Health and Safety Code of the State of California may
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be sold and discharged within the City of San Bernardino during
the period beginning at 12:00 oic1ock noon on the 28th day of June
and ending at 12: 00 0 i clock midnight on the 6th day of July each
year pursuant to the provisions of this ordinance and not otherwise.
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SECTION TWO: FIREWORKS - SALE OF - LICENSE REQUIRED.
Except as provided herein, no person shall offer for sale or sell
at retail any fireworks of any kind in said City without having
first applied for and received a license therefor.
SECTION THREE: APPLICATION FOR A LICENSE. All applica-
tions for a license to sell fireworks shall:
A. Be made in writing accompanied by a license fee
of $100.00. The fee is not for the purpose of revenue but will
be used to defray the cost of inspection and supervision.
B. Be made on or prior to the first Tuesday in
February of each year, except 1967 application shall be made on
or before June 23, 1967.
C. Set forth the proposed location of the fireworks
stand applied for. The stands must be on private property located
in "C_1" or heavier industrial or manufacturing zones and the
written permission of the owner of record must accompany the
application.
D. Be accompanied by an assurance that if the license
is issued to applicant, applicant shall, at the time of receipt
of said license, deliver to the City Clerk's Office of said City
$100,000-$300,000 public liability and $50,000 property damage
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1 insurance policies with riders attached to the policies designating
2 said City as an additional assured thereunder.
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SECTION FOUR: NOTICE OF GRANTING OR REJECTION OF LICENSE.
Applicants for any such license shall be notified by the City Clerk'
Office of said City of the granting or rejection of such applica-
tion for a license on or before the first Monday in March of each
calendar year, except 1967 when notice shall be given on or before
June 28, 1967.
SECTION FIVE: PREREqUISITES TO ISSUANCE OF LICENSE. The
following qualifications must be met by each applicant for a
license issued hereunder:
A. No license shall be issued to any person, firm
or corporation except non-profit associations or corporations
organized primarily for veteran, patriotic, welfare, civic better-
ment, or charitable purposes.
B. Each such organization must have its principal
and permanent meeting place in the corporate limits of said City
and must have been organized and established in said City's corpor-
ate limits for a minimum of one year continuously preceeding the
filing of the application for the license, and must have a bona
fide membership of at least twenty members.
C. No organization may receive more than one license
for fireworks sale during anyone calendar year. The maximum
number of licenses which may be issued pursuant to this ordinance
during anyone calendar year shall not exceed one license for each
5,000 residents of the city, based on the latest Department of
Finance, State of California census estimate.
D. If more applications are received than the autho-
29 rized number of permits available, the permits will be granted by
30 a drawing supervised by the City Clerk.
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SECTION SIX: OPERATION OF STAND.
A. No person other than the licensee organization
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1 shall operate the stand for which the license is issued or share
2 or otherwise participate in the profits of the operation of such
3 stand.
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B. No person other than the individuals who are
5 members of the licensee organizations, or the wives or husbands
6 or adult children of such members, shall sell or otherwise parti-
7 cipate in the sale of fireworks at such stand.
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C. No person shall be paid any consideration for
selling or otherwise participating in the sale of fireworks at
such stand.
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SECTION SEVEN: TEMPORARY FIREWORKS STAN~. All retail
sales of "Safe and Sane" fireworks shall be permitted only from
within a temporary fireworks stand, and sales from any other
building or structure is hereby prohibited. Temporary stands
shall be subject to the following provisions:
A. No fireworks stand shall be located within 25
feet of any other building nor within 100 feet of any gasoline
pUlllp .
B. Fireworks stands need not comply with the provi-
sions of the building code of said City, provided, however, that
all stands shall be erected under the supervision of the Superin-
tendent of the Department of Building & Safety who shall require
that stands be constructed in a manner that will reasonably insure
the safety of attendants and patrons.
C. No stand shall have a floor area in excess of
26 300 square feet.
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D. Each stand in excess of 24 feet in length must
28 have at least 2 exits; and each stand in excess of 40 feet in
29 length must have at least 3 exits spaced approximately equidistant
30 apart, provided, however, that in no case shall the distance
31 between exits exceed 24 feet.
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E. Each stand shall be provided with two 2 1/2
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1 gallon "soda and acid" type fire extinguishers, in good working
2 order and easily accessible for use in case of fire.
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SECTION EIGHT: GENERAL REQUIREMENTS FOR LICENSEES.
A. All weeds and combustible material shall be
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5 cleared from the location of the stand including a distance of at
6 least 20 feet surrounding the stand.
7 B. "No Smoking" signs shall be prominently .disp1ayed
8 on the fireworks stand.
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C. Each stand must have an adult watchman in attend-
ance and in charge thereof while fireworks are stored therein.
D. The sale of fireworks shall not begin before
12:00 oPc10ck noon on the 28th day of June and shall not continue
after 12:00 oPc10ck midnight on the 6th day of July.
E. All unsold stock and accompanying litter shall
be removed from the location by 12:00 o'clock noon on the 6th
day of July.
F. The fireworks stand shall be removed from the
temporary location by 12:00 o'clock noon on the 18th day of July,
and all accompanying litter shall be cleared from said location
by said time and date.
G. Prior to the issuance of a license, each appli-
cant shall file with the City Clerk a cash deposit, certificate
of deposit or a surety bond made payable to said City in the
amount of $100.00 to assure compliance with the provisions of
this ordinance. Such deposit or certificate shall be refundable
upon compliance with the provisions and requirements of this
ordinance, including but not limited to the removal of the stand
and the cleaning of the site. In the event the licensee does
not so comply or remove the stand or clean the site, in the
manner required by the Superintendent of the Building & Safety
Department, the City may do so, or cause the same to be done by
other persons, and the reasonable cost thereof shall be a charge
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1 against the licensee and his surety and the deposit, certificate
21 or bond.
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SECTION NINE:
LICENSE TAX.
The license tax for the
selling of fireworks within the City shall be $100.00 per year
per stand, which fee must be paid at the time application for a
stand is filed with the City Clerkis office.
SECTION TEN:
TEMPORARY SALES TAX PERMIT REQUIRED.
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81 Organizations licensed for the selling of fireworks are required
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9! to obtain a temporary sales tax permit from the San Bernardino
office of the State Board of Equalization.
SECTION ELEVEN: DISPIAY OF LICENSE AND SALES TAX PERMIT.
License to sell fireworks and temporary sales tax permit shall
be displayed in a prominent place in the fireworks stand.
SECTION TWELVE: PERMISSIBLE LOCATIONS FOR DISCHARGE.
The use of fireworks in said City shall be limited to private
property except as otherwise provided herein. No fireworks shall
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be discharged on public, semi-public or private open areas such
as parking lots, vacant properties, or in a public street or
right of way, except in public parks and those areas approved by
the Chief Engineer of the Fire Department.
No fireworks shall be discharged in the "high fire hazard
area," more particularly described as follows:
North of the following boundary line -
a line along U. S. Highway 66 (Freeway) to
a prolongation of Marshall Boulevard west
to join said U. S. Highway 66 (Freeway);
thence easterly along said prolongation and
Marshall Boulevard to Mt. View Avenue;
thence north on Mt. View Avenue to 40th Street;
thence east along 40th Street to Mountain
Avenue; thence south along Mountain Avenue to
39th Street; thence east along 39th Street to
Del Rosa Avenue; thence south along Del Rosa
Avenue to Foothill Drive; thence easterly along
Foothill Drive to the eastern city limits.
Nothwithstanding any provisions herein to the
contrary, no fireworks shall be discharged within
the area bounded by Highland Avenue, Del Rosa
Avenue, Pacific Street and Perris Hill Drive,
commonly known as Perris Hill.
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SECTION THIRTEEN: PROHIBITIONS ON DISCHARGE. It shall be
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unlawful for any person to ignite, explode, project, or otherwise
fire or use, any fireworks, or permit the ignition, explosion or
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projection thereof, upon or over or onto the property of another
without his consent, or to ignite, explode, project, or otherwise
fire or make use of, any fireworks within ten feet of any residence,
dwelling or other structure used as a place of habitation by
human beings.
SECTION FOURTEEN: REFERENCE. Reference is hereby made
to the provisions of Ordinance No. 2704 and the Fire Prevention
Code, 1965 Edition, which prohibit and regulate fireworks not
defined as safe and sane.
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SECTION FIFTEEN. PENALTIES. Persons violating this
14 ordinance shall be deemed guilty of a misdemeanor, and upon con-
15 viction thereof, shall be punished by a fine not to exceed $500.00,
16 or by imprisonment in the County jail for a period not exceeding
17 30 days, or by both such fine and imprisonment. Further, the
18 license shall be revoked.
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SECTION SIXTEEN. Ordinance No. 1423 and Section 600 of
Ordinance No. 821 are hereby repealed.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San Bernar-
dino at B.-77-" d.4;1'/~'':1/'' kA'.//h(/ meeting thereof, held on
the.<,?:?~yv6f ~/1f _-' 1967 by the following vote,
to wit:
AYES: Coun7ilmen >~ ----#~ :5
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NOES:
ABSENT:
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2 of
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The foregoing
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. 1967.
ordinance is hereby approved this .-2.5~( day
6 Approved as to form:
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8 City t rney
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F'
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MAY I:: 41867
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Mayor of the City of San rnardino