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HomeMy WebLinkAbout94-13 - Amending the Provisions of Title 9 of the Newport Beach Municipal Code and Provisions of the Uniform Fire Code Pertaining to the Fire WorksNO. 94 -13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING THE PROVISIONS OF TITLE 9 OF THE NEWPORT BEACH MUNICIPAL CODE AND PROVISIONS OF THE UNIFORM FIRE CODE PERTAINING TO THE FIRE WORKS. • The City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1: Section 9.04.125 if hereby added to the Newport Beach Municipal Code: 9.04.125 Amendment to Section 78.103 of the Uniform Fire Code to read as follows: Displays. No fireworks display shall be conducted except by a licensed pyrotechnic operator who has received a permit issued by the Fire Chief authorizing the fireworks display. Applications for a fireworks display permit shall be filed with the Fire Chief not is less than fourteen (14) days prior to the scheduled date of the display. The permit application shall include a diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged; the location of buildings, highways, and other lines of communication; and the location of nearby trees, telephone or other data lines and other overhead obstructions. At the time of permit application, the chief shall be consulted regarding requirements for standby fire apparatus. SECTION 2: Section 9.04.127 is hereby added to the Newport Beach Municipal Code. • 9.04.127 Amendment to Section 78.202 of the Uniform Fire Code is to read as follows: Sec. 78.202. A. The storage, sale, offer for sale, storage or handling of fireworks is prohibited. The provisions of this Section do not apply to fireworks displays conducted in accordance �I with the provisions of any permit issued pursuant to this Chapter. B. The Fire Chief shall have the authority to seize, take, remove any fireworks stored, sold, offered for sale, used or handled in violation of the provisions of this Code. Any seizure or removal pursuant to this section shall be in compliance with all • applicable statutory, constitutional and decisional law. SECTION 3: Section 9.04.128 is hereby added to the Newport Beach Municipal Code. 9.04.128 Amendment to Section 78.203. (a) of the Uniform Fire Code to read as follows: Sec. 78.203. (a) General. Fireworks displays shall be permitted only when authorized by, and conducted in strict conformance with, a permit issued by the Fire Chief pursuant to this Chapter. • SECTION 4: That if any section, subsection, sentence, clause or phrase of this ordinance is for any reason, held to be invalid or constitutional, such decision shall not affect validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passes this ordinance, and each section , subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of •the City, and it shall be effective thirty (30) days after its adoption. SECTION 6: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 28th • • day of February , 1994, and adopted on the 14th day of March , 1994, by the following vote, to -wit: ATTEST: i I_ %iii_ . GJ /ORDINAN /AMENUFC AYES, COUNCILMEMBERS HEDGES, SANSONE, WATT, TURNER, HART, COX, DEBAY NOES, COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE 3