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5239FOLLOWS: ORDINANCE NO. 5239 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 6.40.040 OF CHAPTER 6.40 OF TITLE 6 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PERMITS FOR PUBLIC DISPLAYS OF FIREWORKS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Section 6.40.040 of Chapter 6.40 of Title 6 of the Anaheim Municipal Code be, and the same is hereby, amended, to read as follows: 116.40.040 PERMIT FOR PUBLIC DISPLAYS Notwithstanding any other provisions of this Code, the Fire Chief of the City of Anaheim may grant permits for public displays of fireworks if the Fire Chief determines that all requirements of the law are or will be complied with by the applicant and that granting any such permit will not be detrimental to the public peace, health or safety; otherwise said application shall be denied. Applications for such permits shall be filed with the Fire Chief not less than ten (10) days before the proposed public display and shall be accompanied by a detailed statement of the items of the proposed display. If the permit is granted, no items shall be displayed except as are contained in the statement and the Fire Chief may in granting the permit eliminate from the statement such items as he deems hazardous or impose conditions upon such permit as the Fire Chief shall deem reasonably necessary to protect the public peace, health and safety; and it shall be unlawful for the grantee of the permit to exhibit or display the eliminated items or to conduct such display in violation of any conditions so imposed. The public display shall be under the supervision of the Fire Chief and such persons as he shall designate and authorize. The City Council shall, by resolution, pursuant to the Fire Chief's recommendation, establish a fee to be charged for the permit. A separate permit will be required for each display. The display shall be at the place and time designated in the permit. Such permit shall include the right to possess and transport said fireworks for the purpose of conducting such public display." SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim thi 25th d of June 1991. AT!EST: '_X � CITY CLERK OF THE CITY OF ANAHETM LAMM:kh 056WORKS. MAYOR OF THE CITY OF ANAHEIM V PW TEM - 2 - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5239 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 18th day of June, 1991, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 25th day of June, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, and Ehrle. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hunter AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim signed said Ordinance No. 5239 on the 26th day of June, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 26th day of June, 1991. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5239 and was published once in the Anaheim Bulletin on the 5th day of July, 1991. CITY CLERK OF THE CITY OF ANAHEIM