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4425FOLLOWS: ORDINANCE NO. 4425 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING TITLE 6, CHAPTER 6.40, SECTIONS 6.40.010, 6.40.030, AND 6.40.060 AND ENACTING A NEW TITLE 6, CHAPTER 6.40, SECTIONS 6.40.010, 6.40.030 AND 6.40.060 PERTAINING TO FIREWORKS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Sections 6.40.010, 6.40.030 and 6.40.060 of Title 6, Chapter 6.40 be, and the same are hereby, repealed. SECTION 2. That Title 6, Chapter 6.40, Section 6.40.010 be, and the same is hereby enacted to read as follows: "6.40.010 DEFINITIONS DANGEROUS FIREWORKS includes any of the following: Pyrotechnics or fireworks containing phosphorous, sulphocyanide, mercury, magnesium, potassium picrate, gallic acid, chlorate of potash and sulfur or chlorate of potash and sugar; Firecrackers, salutes and other explosive articles of similar nature; Blank cartridges; Skyrockets, rockets, including all similar devices employing any combustible or explosive material and which rise in the air during discharge; Roman candles, including all devices which discharge balls of fire into the air; Chasers, including all devices which dart or travel about the surface of the ground during discharge; Snakes, boa constrictors and snake nests containing bichloride of mercury; Sparklers more than 10 inches in length and one-fourth of one inch in diameter; 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 character which explodes through means of friction, and all other similar fireworks, unless otherwise designated; Toy torpedoes of all kinds; All pyrotechnic devices having a side fuse; Fire balloons or balloons of any type which have burning material of any kind attached thereto. SAFE AND SANE FIREWORKS are defined to mean any fireworks not designated herein as dangerous fireworks. ESTABLISHED RETAIL BUSINESS is defined for the purposes of this chapter to mean a person holding an unrevoked retail business license issued by the City for not less than six months immediately prior to the application for any permit under this chapter, and who shall have been engaged in business under such license during all of said six-month period. ESTABLISHED WHOLESALE BUSINESS is defined for the purposes of this chapter to mean a person holding an unrevoked wholesale business license for the wholesale sale of fireworks issued by the City for not less than six months immediately prior to the application for any permit under this chapter, and who shall have been engaged in business under such license during all of said six-month period. FRATERNAL ORGANIZATION is defined for the purposes of this chapter to be any fraternal, benevolent, patriotic, charitable, civic or religious organization, not organized for profit and having a substantial number of members residing in the City of Anaheim, which shall have had a definite meeting place and a regular periodic meeting time for at least six months immediately prior to the application for any permit under this chapter." -2- SECTION 3. That Title 6, Chapter 6.40, Section 6.40.030 be, and the same is hereby enacted to read as follows: "6.40.030 FIREWORKS - TIME OF SALE AND DISCHARGE .010 Wholesale Business No established wholesale business, as defined herein, shall offer for sale at retail any fireworks except during the period of June 28 to July 4 inclusive. .020 Retail Business No established retail business, as defined herein shall offer for sale at retail any fireworks except during the period of July 1 to July 4 inclusive. .030 Discharge No person shall discharge any fireworks except during the period of July 1 to July 4 inclusive." SECTION 4. Title 6, Chapter 6.40, Section 6.40.060 be, and the same is hereby enacted to read as follows: "6.40.060 SALE OF SAFE AND SANE FIREWORKS No person shall sell Safe and Sane Fireworks at retail in the City of Anaheim except from temporary stands erected and maintained solely for the display and sale of such fireworks. No such temporary stand, or any portion thereof, shall be erected or maintained within the City of Anaheim prior to June 15 of any year. No person shall erect or maintain such temporary stands, or sell such fireworks, without first having obtained a permit for such display and sale from the Chief of the Fire Department of the City of Anaheim. All persons engaged in the selling of fireworks shall be at least eighteen (18) years of age. Licensed ESTABLISHED WHOLESALE BUSINESS as defined hereinabove may sell Safe and Sane Fireworks on a wholesale basis only through established wholesale trade channels. Notwithstanding any provision in this section wholesale companies may sell retail from their wholesale facility during the period permitted by Section 6.40.030 AMC without construction of a temporary stand." -3- SECTION 5. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this chapter 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 chapter independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 6. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal hereby 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. SECTION 7. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim thislOth day of May, 0983. 'O'Ool MAYOR OF THE CITY OF NAHEI ATTEST: CIT CLERK OF THE ITY OF ANAHEIM FAL: jh (0314L) 4/28/83 -4- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 4425 was introduced at a regular meeting of the --� City Council of the City of Anaheim, held on the 26th day of April, 1983, and reintroduced as amended at a regular meeting of the City Council of the City of Anaheim, held on the 3rd day of May, 1983, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 10th day of May, 1983, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: Kaywood and Bay ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4425 on the 10th day of May, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th day of May, 1983. CITY ERK OF THE CIT OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4425 and was published once in the Anaheim Bulletin on the 20th day of May, 1983.