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1 ORD INANCE NO
2 AN ORDINANCE OF THE CITY OF SAN BERN NO REGULATING STORAGE. USE
AND SALE OF SAFE AND SANE FIREWORKS WITHIN SAID CITY.
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4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
5 ORDAIN AS FOLLOWS:
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SECTION ONE: Safe and Sane Fireworks as defined by Section 12504
7 of the Health and Safety Code of the State of California may be sold and
8 discharged within the City of San Bernardino during the period beginning at
9 12:00 o'clock noon on the 28th day of June and ending at 12:00 o'clock
10 midnight on the 5th day of July each year pursuant to the provisions of this
11 ordinance and not otherwise.
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SECTION TWO: FIREWORKS - SALE OF - LICENSE REQUIRED. Except as
13 provided herein, no person shall offer for sale or sell at retail any fire-
14 works of any kind in said City without having first applied for and
15 received a license therefor.
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SECTION THREE: APPLICATION FOR A LICENSE. All applications for a
17 license to sell fireworks shall:
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A. Be made in writing accompanied by a license fee of $200.00.
The fee is not for the purpose of revenue but will be used to defray the
cost of inspection and supervision.
22 each year except when the last day falls on a Saturday or Sunday, the
B. Be made between the first day and the last day of March of
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23 following business day shall be determined to be the last day.
25 for. The stands must be on private property located in "C_l" or heavier
C. Set forth the proposed location of the fireworks stand applied
26 industrial or manufacturing zones and the written permission of the owner
27 of record or lessee must accompany the application.
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D. Be accompanied by an assurance that if the license is issued
29 to applicant, applicant shall, at the time of receipt of said license,
30 deliver to the City Clerk's office of said City $10o,~0-$30(U)OO public
31 liability and $50,000 property damage insurance policies with riders
32 attached to the policies designating said City as an additional assured
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thereunder, and a copy of the requisite permit from the State Fire Marshall.
SECTION FOUR: NOTICE OF GRANTING OR REJECTION OF LICENSE.
Applicants for any such license shall be notified by the City Clerk's office
of said City by April 15th of the granting or rejection of such application
for a license.
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 betterment, 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 corporate limits for a minimum of
one year continuously preceding 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. One license may be issued to two or more
qualifying applicants as a joint venture. 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, or
fraction thereof, based on the latest Department of Finance, State of
California census estimate.
D. If the number of applications exceed the number of licenses
to be issued, the licensees during the preceding year shall have first
priority for the available licenses, provided each licensee retains the
same participating organizations which operated under the license during
the preceding year. Each participating organization shall be deemed to be
a co-licensee and joint venturer with the licensee claiming first priority
and shall have the same duties and liabilities under the license.
If there are any additional licenses available, such additional
licenses shall be granted by a drawing supervised by the City Clerk.
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SECTION SIX: OPERATION OF STAND.
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1 A. No person other than the licensee organization shall operate
2 the stand for which the license is issued or share or otherwise participate
3 in the profits of the operation of such stand.
4 B. No person other than the individuals who are members of the
5 licensee organization, or the wives or husbands or adult children of such
6 members, shall sell or otherwise participate in the sale of fireworks at
7 such stand.
8 C. No person shall be paid any consideration for selling or
9 otherwise participating in the sale of fireworks at such stand.
10 SECTION SEVEN: TEMPORARY FIREWORKS STANDS. All retail sales of
11 "Safe and Sane" fireworks shall be permitted only from within a temporary
12 fireworks stand, and sales from any other building or structure is hereby
13 prohibited. Temporary stands shall be subject to the following provisions:
14 A. No fireworks stand shall be located within 25 feet of any other
15 building nor within 100 feet of any gasoline pump.
16 B. Fireworks stands need not comply with the provisions of the
17 building code of said City, provided, however, that all stands shall be
18 erected under the supervision of the Superintendent of the Department of
19 Building and Safety, who shall require that stands be constructed in a manner
20 that will reasonably insure the safety of attendants and patrons.
21 C. No stand shall have a floor area in excess of 300 square feet.
22 D. Each stand in excess of 24 feet in length must have at least
23 2 exits; and each stand in excess of 40 feet in length must have at least 3
24 exits spaced approximately equidistant apart, provided, however, that in no
25 case shall the distance between exits exceed 24 feet.
26 E. Each stand shall be provided with two 2-1/2 gallon "soda and
27 acid" or "water pressure" type fire extinguishers, underwriter approved, in
28 good working order and easily accessible for use in case of fire.
29 F. No stand shall be located and no fireworks shall be sold or
30 discharged along or north of 40th Street.
31 SECTION EIGHT: GENERAL REQUIREMENTS FOR LICENSEES.
32 A. All weeds and combustible material shall be cleared from the
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1 location of the stand including a distance of at least 20 feet surrounding
2 the stand.
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B. "No Smoking" signs shall be prominently displayed on the
4 fireworks stand.
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C. Each stand must have an adult in attendance and in charge
6 thereof while fireworks are stored therein. Sleeping or remaining in stand
7 after close of business each day is forbidden.
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D. The sale of fireworks shall not begin before 12:00 o'clock noon
9 on the 28th day of June and shall not continue after 12:00 o'clock midnight
10 on the 5th day of July.
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E. All unsold stock and accompanying litter shall be removed from
12 the location by 5:00 o'clock P. M. on the 6th day of July.
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F. The fireworks stand shall be removed from the temporary location
14 by 12:00 o'clock noon on the 18th day of July, and all accompanying litter
15 shall be cleared from said location by said time and date.
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G. Prior to the issuance of a license, each applicant shall file
17 with the City Clerk a cash deposit, certificate of deposit or a surety bond
18 made payable to said City in the amount of $100.00 to assure compliance with
19 the provisions of this ordinance. Such deposit or certificate shall be
20 refundable upon compliance with the provisions and requirements of this
21 ordinance, including but not limited to the removal of the stand and the
22 cleaning of the site. In the event the licensee does not so comply or remove
23 the stand or clean the site, in the manner required by the Superintendent of
24 the Building and Safety Department, the City may do so, or cause the same to
25 be done by other persons, and the reasonable cost thereof shall be a charge
26 against the licensee and his surety and the deposit, certificate or bond.
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SECTION NINE: LICENSE TAX. The license tax for the selling of
28 fireworks within the City shall be $200.00 per year per stand, which fee
29 must be paid at the time application for a stand is filed with the City
30 Clerk's office.
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SECTION TEN: TEMPORARY SALES TAX PERMIT REQUIRED. Organizations
32 licensed for the selling of fireworks are required to obtain a temporary
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1 sales tax permit from the San Bernardino office of the State Board of
2 Equalization.
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SECTION ELEVEN: DISPLAY OF LICENSE AND SALES TAX PERMIT. License
4 to sell fireworks and temporary sales tax permit shall be displayed in a
5 prominent place in the fireworks stand.
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SECTION TWELVE: PERMISSIBLE LOCATIONS FOR DISCHARGE. The use of
7 fireworks in said City shall be limited to private property except as other-
8 wise provided herein. No fireworks shall be discharged on public, semi-
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public or private open areas such as parking lots, vacant properties, or in"
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a public street or right of way, except in public parks and those areas
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approved by the Chief Engineer of the Fire Department.
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No fireworks shall be discharged in the "high fire hazard area",
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more particularly described as follows:
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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 *venue; thence south along
Del Rosa Avenue to Foothill Drive; thence easterly along
Foothill Drive to the eastern clty limits.
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Notwithstanding 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.
SECTION THIRTEEN: PROHIBITIONS ON DISCHARGE. It shall be unlawful
for any person to ignite, explode, project, or otherwise fire or use, any
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fireworks, or permit the ignition, explosion or 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
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ten feet of any resident, dwelling or other structure used as a place of
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habitation by human beings.
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SECTION FOURTEEN: REFERENCE. Reference is hereby made to the
30 provisions of Ordinance No. 2704 and the Fire Prevention Code, which prohibit
31 and regulate fireworks not defined as safe and sane.
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SECTION FIFTEEN: PENALTIES. Persons violating this ordinance shall
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be deemed guilty of a misdemeanor, and upon conviction thereof, shall be
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punished by a fine not to exceed $500.00, or by imprisonment in the County
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jail for a period not exceeding 30 days, or by both such fine and imprisonment.
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Further, the license shall be revoked.
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by
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the Mayor and Common Council of the
City of San Bernardino at a regular
day of <. 4/~n.JAi-
~l>j~~ ,.h?'j,~ {r<€
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meeting thereof, held on the
..5d
1968,
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by the following vote, to wit:
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AYES:
,j
Councilmen <;~'''''flAhwLo
, ,
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NOES:
ABSENT:
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City Clerk
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The foregoing ordinance is hereby approved this t.d day
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of ''--~~U''''-:?
, 1968.
Ma
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Approved as to form:
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, c~fr ~
City Att ney
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