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ORDINANCE 325ORDINANCE NO. 325 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, RELATING TO AND REGULATING THE POSSESSIOty, SALE, USE AND DISCHARGE OF FIRE WORKS WITHIN SAID CI`1'Y, AND RE- PEALING ALL ORDINANCES AND PARTS OF ORDIx,,ANCES IN CONFLICT THEREWITH. The City Council of the City of El Segundo, California, does ordain as follows: SECTION 1. That for the purposes of this ordinance the terms "dangerous fire works "; "safe and same fire works "; "Class A fire works "; and "Class B fire works" shall respectfully have the respective meanings given to such respective terms in Part 2 of Division 11 of the Health and Safety Code of the State of California, as same now exists or may hereafter be amended. SECTION 2. That the prohibitions and regulations imposed by this ordinance shall be in addition to the pro- hibitions and regulations relating to fire works set forth in said Part 2 of said Division 11 of said Healtn and Safety Code of the State of California, as same now exists or may hereafter be amended. SECTION 3. It shall be unlawful for any person, firm, association or corporation, whether acting as prin- cipal, agent or otherwise, to do any of the following within the City of El Segundo, California, to wit: (a) Manufacture, possess or sell any dangerous fire works; (b) Sell any safe and sane fire works as a retailer; (e) Discharge dangerous fire works any place; or 1-• (d) Make a public display of fire works; without first securing a written permit so to do from the City Council of said city. SEC'T'ION 4. Any person, firm, association, or corporation desiring a permit to do any of the acts, or engage in any of the activities hereinabove referred to in Subdivisions (a) , (b) , (c) and (d) of Section 3 of this ordinance, shall make application for such permit to the Chief of the Fire Department of the City of El Segundo, California, or his authorized representative. Upon receipt of such application it shall be the duty of said Fire Chief, or his authorized representative, to make an investigation as required in such case under the provisions of said Part 2 of said Division 11 of said Health and Safety Code (as same now exists or may hereafter be amended), and to submit a report of his findings and his recommendations for or against the issuance of the permit applied for, together with his reasons therefor to the City Council of said city. SECTION 5_ Upon receipt of the report and re- commendations of the said Fire Chief, or his authorized representative, the City Council shall consider the said application; the findings, recommendations and reasons of the said Fire Chief or his authorized representative, as the case may be; and any further testimony or evidenoe which may be submitted to said Council by the applicant or any interested person or persons. After such considera- tion, the said City Council may grant or deny the application, subject to such reasonable conditions, if any, as it shall prescribe; provided, however, that in the event any appli- cation is granted for the retail sale of safe and sane fire works, such permit shall contain as one of the conditions thereof that such safe and sane fire works may not be sold or offered for sale, except during the period between 2- midnight of the 30th day of June of any year, and midnight of the 4th day of July of the same year. SECTION 6. It shall be unlawful for any person, firm, association or corporation within said city to fire, ignite or discharge any safe and sane fire works, except during the said period between midnight of the 30th day of June of any year, and midnight of the 4th day of July of the same year. 2 t62 SECTION 7. That it shall be unlawful for any person, firm, association or corporation to violate any of the written terms or conditions of any permit issued under the provisions of this ordinance. SECTION 8. That any person, firm, association or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than three hundred dollars 0300.00) or by imprisonment in the County Jail of the County of Los Angeles, or in the City Jail of the City of E1 Segundo, as the committing magistrate may direct, for not more than three months, or by both such fine and im- prisonment in the discretion of the Court. Every such person, firm, association or corporation shall be deemed guilty of a separate offense for each and every day during which any of the provisions of this ordinance are violated, and shall be punishable therefor as herein provided. SECTION 9. That this ordinance shall become effective at midnight on the thirtieth day from and after the date of the final passage and adoption thereof. SECTION 10. That Ordinance No. 16 of the City of El Segundo, California, entitled: "AN ORDINANCE OF THE CITY OF rte, , SEGUNDO REGULATING THE USE OF FIRECRACKERS, TORPEDOES, FIREWORKS AND DISPLAY EXPLOSIVES OF ALL KINDS WITHIN SAID CITY. ", 3- j passed and adopted on the 27th day of June, 1917, and all other ordinances and parts of ordinances in conflict herewith, are hereby repealed.. SECTION 11. That the City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published once in the El Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within said city and which is hereby designated for that purpose. Passed, approved and adopted this 17th day of March , A. D . , 1948. -4- Mayor of the City % E1 Segundo, Calif ofa. AT EST: 2)1? Ql'tgEu- ty k ( SEAL) 0 4-- _J STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELS, ) CITY OF EL SEGUNDO. I, Victor D. McCarthy, City Clerk of the City of E1 Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. 325, was passed and adopted by the said City Council, approved and signed by the Mayor of said city and attested by the City Clerk of said city, all at a regular meeting of the said Council held on the 17th day of March, A. D., 1948, and that the same was so passed and adopted by the following vote: AYES: Councilmen Baker, Peterson, Skelley, Thompson and Mayor Selby NOES: Councilmen None ABSENT: Councilmen None (SEAL) Iilty Clerk of th El Segundo, Cali torn _(-J CLERK'S CERTIFICATE STATE OF CALIFORNIA, ) COUN'T'Y OF LOS ANGELES, ) S3. CITY OF EL SEGuwDO. j I Victor D. McCarthy, City Clerk of the City of E1 Segundo, California, do hereby certify that the whole number of members of the City Council of the said city is five; that the foregoing ordinance, being Ordinance No. 325, is a full, true and correct _ original of Ordinance No. 325, of the said City of El Segundo, California, entitled: "AN ORDIwAN CE OF Tr!E CI'T'Y OF EL SEGU"DO, CALIFORNIA, RELATING TO AND REGULATIivG ThE POSSESSION, SALE, USE AND DISCmARGE OF FIRE WORKS WIThIN SAID CITY, AND RE:. PEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH." . which was duly passed and adopted by the said City Council, approved and signed by the Mayor of said city, and attested by the City Clerk of said city, all at a regular meeting of the said Council held on the 17th day of March, 1948, and that the same was so passed and adopted by the following vote: AYES: Councilmen Baker, Peterson, Ske2lev. Thownson and Ma -- r Selb , NOES: Councilmen None ABSENT: Councilmen None I do hereby further certify that pursuant to the provisions of Section 878 of Act 5233 of the General Laws of the State of California, (Deering 1923 Edition) as amended to date, that the foregoing Ordinance No. 325 was duly and regularly p ublished according to the law and the order of the City Council of said city in the E1 Segundo Herald, a weekly newspaper of general circulation printed, published and circulated within the said city and that the same was so published therein on the following date, to wit: March 25,_ 19+8 WITNESS my hand and the seal of said city tri s 26th day of March, A. D., 1948- , (SEAL) City Clerk of the o El Segundo, California. I Affidavit Of Publication STATE OF 1rA1"OJ%M* COUNTY OF LOS ANGELES ML CITY OF EL SEGUNDO, ---------- Frank L. -- -Snow - ...... being first duly sworn, deposes and says: That he . ..... ---------------- .. ... is, and at all of the times hereinafter mentioned was, a citizen Of the United States of America, over the age of eighteen years, and a resident of the C was, at, and during all of the time of Publics. ti on of Los Angeles, State Of California; that he the on of the instrument hereunto attached the.._......__. ...... .... Printer and publisher of EL SEGUNDO HERALD, a newspaper of general circulation, printed, pub- lished and circulated WEEKLY in the City Of El Segundo, in said County and State; that d new regular Intervals of one week for more than one Paper has been so printed, published and circulated at re CO Sta said news- paper immediately preceding the publication of the Instrument hereunto annexed; that said newspaper Is, and was, at all of the times herein mentioned, a newspaper of general circulation within the meaning of Section 4460 of the Political Code of the State of California; that as provided by said section, d news and intelligence of a gen- newspaper in Published for the dissemination of local or telegraphic vl 8 s I said eral character, having a bona fide subscription list of paying subscribers; that said newspaper Is not and was not at any of the times herein referred to, devoted to the Interests, or published for the enter- tainment or Instruction of a particular class, profession, trade, calling, race or denomination, or for any number of such classes, professions, trades, callings, races or denominations, and that said news- paper Is not devoted to or published for, nor was it at any of the times herein mentioned devoted to or Published for the purpose, whether avowed or otherwise, of entertaining or Instructing such classes, professions, trades, callings, races or denominations, or any of such classes, professions, trades, call- ings, races or denominations. That the notice, order, ordinance, resolu ion or instrument hereunto attached on Page ........ numbered ----------- .. .................. -- - -------------- ----- - ---- - --- — --- - ----------------------------------------------- --- - --- --- hereof in all respects, including subject matter, and size and arrangement of type, is a full, true and correct COPY of the said notice, ordinance, resolution or Instrument, in words and figures exactly as published; that the same was set and printed In type not smaller than nonpareil and that the body of the same was preceded with words printed in black- face type not smaller than nonpareil, describing and expressing In general terms the purpose and character of the notice, order, ordinance, resolution or instrument Intended to be Published, as will ap- pear from an inspection of the said annexed instru- ment; that the ..0wdJ-nana9__KQ . ..... of which the annexed is a printed copy as herein above stated, was published and printed In said newspaper at least ... Orla 8-r-Wash 25th Effismakhe on the .day of .......... A. D ............................ . .......................... MA dusn" to-wit: ............ Thursday..,. A1&r_Ch..2Z7_.J9A8 - — ». — ---- - ------------ - -- - — --------- - - -- - ....... . . ........ . . . ......................................... ................... . . . _.­.. . .. . . ....... . .. . ... . ................ . . .............. . ........... .................. ------------ - ---- Subscribed a to befor me this z-.? day o ----- - . . .. . . .• .• ... . ..... A. D. 194 City ---------- 6-le—rk- of the I ...... . TEI Segundo . , ­._ ty of Los Angel , State of Califo Ia. BY....._....- ........ »» . ...... ]Deputy City Clerk of Said City.