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ORDINANCE 338ORDINANCE NO. 339. AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, PROHIBITING THE MANUFACTURE, PURCHASE, SALE, DISPLAY, USE, DEALING IN, IGNITING, DISCHARGING, CR SHOOTING OFF OF FIREWORKS WITHIN SAID CITY, AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLI CT THEREWITH. WHEREAS, the City of El Segundo, California, is a municipal corporation within which large amounts of petroleum, petroleum products and highly volatile, explosives flammable and inflammable materials and substances are manufactured, processed, stored and transported. AND, WHEREAS, the manufacture, introduction, sale, display, use or discharge of fireworks of any kind or nature whatsoever within said City would endanger and adversely affect the public peace, health, safety,eomfort, convenience and general welfare of said City; Now, therefore, - The City Council of the City of El Segundo, California, does ordain as follows: SECTION 1. That the manufacturing, purchasing, selling, dealing in, displaying, using, igniting, discharging, or shooting off of fireworks of any kind or nature whatsoever, within the City of El Segundo, California, is hereby pro- hibited, and it shall be unlawful for any person, firm, association or corporation, whether acting as principal, agent, representative or otherwise, to manufacture, purchase, sell, deal in, display, use, ignite, discharge or shoot off, any fireworks of any kind or nature whatsoever within said City. 10 L 22 SECTION 2. That the word or term "fireworks," as used in this ordinance, shall mean and include any and all types of fireworks whether "dangerous fireworks" or "safe and sane fireworks," as defined in Sections 12500 and 12501 of the Health and Safety Code of the State of California, as said sections now exist, or may hereafter be amended; and any other type or kind of fireworks including, but not being limited to, the following, to wit: firecrackers, Roman candles, torpedoes, torpedo canes, blank cartridges (except toy pistol caps which are hereby permitted) , skyrockets, sons -of -guns, nigger chasers, pin - wheels, fire fountains, volcanoes, star showers, sparklers, bombs, and other items or articles in- tended or used for pyrotechnical effect or display. SECTION 3. The provisions of this ordinance shall not apply (1) To the armed forces of the United States of America or of the State of California; to the officers, representatives and employees of the United States of America, the State of California, the County of Los Angeles, or the City of E1 Segundo, when engaged in the lawful performance of their respective official duties and functions. or (2) To the transportation of fireworks through the City of E1 Segundo in regular course, and in original packages or containers from any point outside of said City to any other point outside of said City; or (3) To the use of torpedoes, flares or fusses by railroad or other transportation agencies for signal purposes or illumination; or (4) When a written permit shall have been first had and obtained from the Chief of the City of El Segundo Fire Department so to do - ____ j X227 (a) To the use of blank cartridges for ceremonial purposes, athletic or sport events; or (b) To military ceremonials or demonstrations not provided for above; or (c) To the use of fireworks in the production of commercial motion pictures or theatricals or operas, when such use and display Is a necessary part of such production. SECTION 4. That the facts recited in the preamble to this ordinance are true and that this ordinance is required In order to preserve and protect the public peace, health, safety, comfort, convenience and general welfare of said City of El Segundo. SECTION d 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 puni &able by a fine of not more than $300.00, or by imprisonment in the City Jail of the City of El Segundo, California, or in the County Jail of the County of Los Angeles, California, as the co- +mitting magistrate may determine, for not more than three months, or by both such fine and imprison- ment in the discretion of the Court. Each such person, firm, association or corporation violating any of the provisions of this ordinance, shall be deemed guilty of a separate offense for every day during any portion of which any viola- tion of any provision of this ordinance is committed, or continued, or permitted by such person, firm, association or corporation, and shall be puns ahable therefor as provided by this ordinance. 3- X228 SECTION 6. That Ordinance No. 325 of the City of El Segundo, passed and adopted on the 17th day of March, 1948, and all ordinances and parts of ordinances insofar as the same conflict with the provisions of this ordinance, shall be and the same are hereby repealed. SECTION 7.. That this ordinance shall take effect and be in full force and virtue thirty (30) days from and after the date of the final passage and adoption thereof. SECTION 8. 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 official paper of said City, �-° to wit: the E1 Segundo Herald, a weekly newspaper published and circulated within said City, and which is hereby designated for that purpose. Passed, approved and adopted this 8th day of Sew , A. D., 1948. Mayor of the City of Segundo, rnia. (SEAS+) 4- STATE OF CALIFORNIA, ) COUNTY OF TPOS ANGELES, ) SS . ) 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. 338 , was passed and adop)ted 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 8th day of _ September 1 A. D.) 11?48, and that the same was so passed and adopted by the following vote: AYES: Councilmen __ Baker, Peterson, Swanson. Thomoson and Mayor Selby NOES: Councilmen None ; ABSENT: Councilmen _ None (SEAL) ME ,, t29 CLERKIS CERTIFICATE STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) 33. CITY OF EL SEGUNDO. ) I, Victor D. McCarthy, City Clerk of the City of El 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. _119, is a full, true and correct oral, of Ordinance No. of the said City of E1 Segundo, California, entitled: "AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, PROHIBITING THE MANUFACTURE, PURCHASE, SALE, DISPLAY, USE, DEALING IN, IGNITING, DISCHARGING, OR SHOOTING OFF OF FIREWORKS WITHIN SAID CITY, AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLI CT THEREWI TH." 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 Rth day of _ , er temhox , 1948, and that the same was so passed and adopted by the following vote: AYES: Councilmen Baker, Peterson. h%=002, Th=SOZI and Ma=r_ lh3; NOES: Councilmen —Henn . ABSENT: Councilmen Ng e I do hereby further certify that pursuant to the provisions of Section 878 of Act 8233 of the General Laws of the State of California, (Deering 1923 Edition) as amended to date, that the foregoing Ordinance No. iia was duly and re- gularly published according to the law and the order of the City Council of said City in the El Segundo Herald, a weekly newspaper of general circulation,' published and circulated within the said City and that the same was so published therein on the following date, to wit: s.r+.mh.,. a�� WITNESS my hand and the seal of said City this 24_ day o f � Se= t rmDAr , A . T1 ' n • (SEAL) ,223( i �f STATE OF CALWOR.NIA, COUNTY OF LOS ANGELES, ML CITY OF EL SEGUNDO, 'Aajl—a —MAr"0 -- d11rAX --- -------------- -------- ­.._.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 County of Los Angeles, State of California; thatthe was, at, and during all of the time of the publication of the instrument hereunto attached the ..... ..__.. PENUMB of EL SEGUNDO HERALD, a newspaper of general circulation, paiet+ri� pt1D+. lished and circulated WEEKLY in the City of El Segundo, in said County and State; that said news- paper has been so judi0ft published and circulated at regular intervals of one week for more than one year 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, said newspaper is published for the dissemination of local or telegraphic news and intelligence of a gen- 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, resolution or instrument hereunto attached on page ........ numbered ----------- _..._-------- - --- - ---------- - -------------------------------------- -- A► ... - - - - - -- - - 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 .... Ordinance ....... - __- . .... - - ----•-------------------------- ••--- •-- • - - - -- ... ............... of which the annexed is a printed copy as herein above stated, was published and printed in said newspaper at least ..... }— ....._ -- .week........, by_.____.._...._. _______�pol�iiA publication...., esessiesseiY on the ..2api• -- -.day of ...., ;4"..g" " -., A. D. 19448...., -- ...... -dii . ........... - ...... - ....... _ dew 14io1" to-wit: ... _ .... - ... _.._. ................... -One Time 4 � 9 ........... Subscribed and orn to before me this . y of _ . __ -, A. D. 194 N City Clerk of the City -o- gu Co of Los Angeles, State of Califo Deputy City Clerk of Said City.