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Home My WebLink AboutCC Ord 250 1941-03-06 '. '. , , ORDINANCE NO. 250 I AN ORDINANCE OF THE CITY OF SEAL BEACH, OALIFORNIA, PROHIBITING THE SALE Aim DISOHARGE OF CERTA IN TYPES OF FIREWORKS AND EXPLOS- IVEB, AND REGULATING THE SELLIim, DISPLAYING AND DISCHARGING OF OTHER FIREi70RXS AND EXPLOSIVES A~m REQUIRING LICEliSES FOR THE SALE THEREOF, AND PROVIDING PENALTIES FOR VIOLATION OF ANY PROVISION THEREOF. The City Council of the Oity of Seal Beach, California, do ordain as follows: SEOTION 1. 1 D'lo~6-' 'Q.II ..., (a) "Dangerous fireworks, II as used in thi Jtd " includes any of the following: Pyrotechnics or fireworks containing phosphorous, sulphocyanide, mercury, chlorate of potash and sulphur or chlorate of potash and sugar; firecraokers or salutes, exceeding two inohes in length and three-eighths of an inch in diameter and containing more than twelve grains of explosive compound and having an exterior casing harder than an ordinary paper tube; blank cartridges; sky rockets, including all devices which rise in the air during disoharge; Roman candles, including all devioes discharging ballS of fire into the air; chasers, including all devices \nich dart or travel about the surface of the ground during discharge; snakes, boa constrictors and snake nests, containing bichloride of mercury; all articles for pyrotechnic display, which contain gunpowder; articles commonly known as son-of-a-gun, devil-on-the-rock, crackit sticks and automatic torpedoes which contain arsenic; explosives known as devil-on-the-walk, or any other article of similar oharacter which explodes through means of friction, and all 'other similar fireworks, unless otherwise designated; toy torpedoes of all kinds except those speoifically designed for use only with toy pistol paper caps containing not more than twenty-five hundredths grain of explosive compound to each pe.per oap. I (b) "Safe and sane fire\10rks" shall mean any fireworks not designated herein as dangerous fireworks. (c) "Retail place of business" is defined for the purposes of this Ordinance to be a place of business where merchandise has been offered for sale to the publio at retail for a period of not less than ninety (90) days. SECTION'2.' I~ shall be unlawful for any person, firm or corporation to sell, display, dispose of, give away, store, keep or stock, or discharge, fire, explode, or set off any dangerous fireworks within incorporated limits of the Oity of Seal Beach; provided, however, that the City Oouncil may in its discretion, grant permits for the public display of fireworks under the super- vision of the Chief of Police of said Oity. Any fireworks not herein expressly prohibited may be sold and discharged as herein- after provided. 1. I /~ I I . Ordinance Number '- v SECTION 3. It shall be unlawful for any person, firm or corporation to sell or engage in the business of selling fire- works, or to display fireworks which are not prohibited in this Ordinance, without having first obtained a license, as hereinafter provided from the City Council of the City of Seal Beach so to do; and it shall be unlawful for any person, firm or corporation to sell fireworks not prohibited by this Ordinance at any ~ime except from July 1st to July 5th, inclusive. Section 4. Every person, firm or corporation desiring to sell or enga;;e in'the business of sellingll safe and sane firework I~ as defined herein, shall first make a written application for such license to the City Council, stating the name or names of the persons or individuals making such application, with the street and number of the proposed locat~on of said business, which ap- plication shall be presented with the annual license tax herein- after stated in cash or certified or cashier's check, and the City Council reserves the right to reject any and all such applications should it, after such investigation as it may deem sufficient, determine that the issuance of such license for the conduct of such business thereunder would be detrimental to public welfare, health, morals, or safety, in which event such licnese tax shall be re- turned. Licenses provided for by this ordinance shall be issued only to established places of business and to fraternal, patriotic, charitable, religious or other non-profit organizations.. No ap- plication for a City license hereunder shall be considered by the Cit Council of the City of Seal Beach unless the same is filed on or e ore un of each year, commencing with the yea,r 1941. Any application fo~ lic~ese hereunder shall oe first approved by the Chief of Police of Seal Beach before the license shall be issued by the City Clerk of said City, SECTION 5. tTo license shall be issued for the 'sale of fireworks until the applicant therefor has furnished a detailed statement of each and every kind of fireworks proposed to be sold under said license; it shall be unlawful for any person, firm or corporation to sell, offer for sale or display any kind of fire- works not described in the detailed statement furnished as herein required. SEOTION 6. The fee for any license issued under this Ordinance shall be the sum of $100.00 per year; provided, however, that the provisions of this Ordinance may be waived by the City Council of the City of Seal Beach in its discretion only insofar as the licensing requirements are concerned in behalf of any fraternal, patriotic, charitable, religious, or other non-profit organization and provided further that the provisions of this Ordinance and the payment of the license fee thereunder, shall not apply to a established IIreta11 place of businessll as defined by this Ordinance and which place of business is paying a regular or general licens~ tax. SECTION 7. It shall be unlawful for any person, firm or corporation to sell, offer for sale, or display or discharge, any fireworks in any - " 011 or gasoline station, or on any ~remises where gasoline or other inflammable liquids ar~ stored or Hispensed. , SECTION el. It shall be unlawful for any person{ firm or corporation to sell any fireworks prior to July 1st, or subse- quent to July 5th, in any year, commencing with the year 1941. 2. .. ' . I I I Ordinance Number SECTION 9. It shall be unlawful for any person, firm or corporation to discharge any fireworks before the 1st day of July or subsequent to July 5th, in any year, comuencing with the year 19!J.l. SECTION 10. Fire~orks, other than those set forth in Section l'.Ihereof, may be stocked, kept and stored, when packed in a box 'or container approved by the Interstate Com:aerce Commission upon special permit by and under the supervision of the Ohief of Police of the City of Seal Beach. SEOTION 11. Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the County Jail not exceeding six (&) months, or by a fine not exceeding three hundred dollars ($300.00) or by both such fine and imprisonment. SECTION 12. Any dangerous fireworks as herein defined are hereby declared to be a public nuisance and any such fireworks found within the Oity of Seal Beach may be seized and destroyed summarily. SECTION 13. 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 t~e validity of the remaining portions of this Ordinance. The City Council of the Oity of Seal Beach hereby declares that it would have passed this Ordinance, and each section, sentence, clause or phrase thereof, irrespective of the fact that anyone or more of the sections, sentences, clauses or phrases be declared invalid or un- consti tutional. SEOTION 14. All ordinances or parts of ordinances that conflict with this Ordinance, are hereby repealed. Section 15. The City Clerk shall cause this Ordinance to be published once in the Seal Beaoh Post & Wave, a newspaper of general circulation, printed and published in~aid Oity of Seal Beach, and it shall thereupon take effect. ufA_ D AdoptM, Passed and Approved this _l. ~ day of ~A"'~.J , 1941. ~~ :.:a.yo of th City 0 Seal Beacn, California Attest: Oity Olerk 3. (SEAL)