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Ord 128 CRDINANCE NO. 128 CRDINANCE OF THE CITY OF POWAY, CALTFORNIA, R~GULATING THE S~LR OF F~RKS WHEREAS, in Ventura v. City of San Jose, (1984) 151 Cal.App.3d 1076, the court held that a total local ban on the sale of safe and sane fireworks is pr ~mpted; and WHEREAS, fireworks of all types incl,~ng so called safe and sane fireworks are a major cause of fires and severe personal injury, especially to children; and WHEREAS, the City is authorized to require permits for the sale of safe and sane fireworks pursuant to the provisions of Section 12500 et.seq, of the California Title 19, Health and Safety Code and Section 982 of the California Administrative Code; and WHEREAS, the City of Poway would retain its total ban on the sale of all fireworks within the City except for the finding of preemption; and WHEREAS, it is necessary that this ordinance be effective immediately upon adoption in order to protect the health, safety and welfare of the cceanunity; NOW, THEREFORE, the City Council of the City of Poway, California does ordain as follows: S~CTION 1: That Section 2 of this ordinance shall become effective only if the provisions of the California Health and Safety Code are not amended to permit cities or other local agencies to prohibit the sale of safe and sane fireworks. SBCTION 2: Section 78.102 of the Uniform Fire Code is amended by the addi- tion of subsection (d) to read as follows: (d) Safe and Sane fireworks as defined in Section 12529 of the State Health and Safety Code my be sold subject to the following restric- tions: (1) A permit for sale of safe and sane fireworks has first been issued by the City Council. The City Council may issue a permit only if: (A) The applicant is licensed for retail sale pursuant to the provisions of Article 3 of Title 19 of the California Administrative Code. Ordinance No. 128 Page 2 (2) (3) (4) (5) (B) The entire building frc~ which the fire works will be sold is located in the "M~" Manufacturing Service Zone; is construc- ted to ~ct the requirements of Group H, Division 1 occupan- cy; is equipped with a sprinkler system which is designed for extra hazardous storage or use; and is D~t a temporary struc- ture. (c) The Director of Safety Services has determined that neither a medium nor high wild-land fire ~l~nger exists during the licensed period in the City of Poway as calculated by the Director in accora~nce with the United States Forest Service Wild-T~nd Fire Spread and Ignition Indexes. For purposes of this section the Director shall determine whether the wild- land fire danger is low, medium or high for the license period on the date that the City Council considers issuance of said license. Such determination shall be the composite of the wild-land fire weather measurements for the City of poway for the date that the City Council considers issuance and the Lanediately prong four (4) days. (D) The applicant has paid an application fee in an amount of Seventy-Five Dollars ( $75.00 ). The permit shall allow sale only during the period of 12:00 noon June 28, through 12:00 noon July 6, inclusive, of a calend~r year. A permit shall be valid for one calenaar year only. No permit shall be issued unless application therefore is complete and received by the Department of Safety Services on or before June 10 preceeding the license period so that investigation of such appli- cation by the Director of Safety Services may be completed and action thereon recc~nended to the City Council for consideration on the ~_esday ~t,~diately precccding the license period. No safe and sane fireworks shall be sold to any person under the age of 18 y~rs. No person under the age of 18 y~rs shall sell or participate in the sale of safe and sane fireworks. A sign not smaller that thirty-six inches by thirty-six inches with letters not smaller than two inches in height which states "Warning": It is illegal to use or explode any fireworks, including those sold by this establishment, in the City of Poway," shall be posted in a prominent location where it can be easily seen by custc~ers in the pr~mises. Ordinance No. 128 Page 3 SECTION 3: This ordinance sb~ll take effect and be in force thirty (30) days after the date of its passage; and before the expiration of fifteen (15) days after its passage, it shall be published once with the names and members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway. Introduced and first read at a regular m~cting of the City Council of the City of Poway held the 22nd day of May, 1984, and ther~fter PASSED AND ADOPTED at a regu]_~r meeting of said City Council held the 29th day of May, 1984, by the following roll call vote: AYES: COUNCILA~MRRRS: ~ERY, KRUSE, ORAVEC, S~ARDSON, TARZY Marjorie K~ Wahlsten, City Clerk Bruce J. Tar~ May6r ~/