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
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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
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day of February , 1994, and adopted on the 14th day of March ,
1994, by the following vote, to -wit:
ATTEST:
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GJ /ORDINAN /AMENUFC
AYES, COUNCILMEMBERS HEDGES, SANSONE, WATT,
TURNER, HART, COX, DEBAY
NOES, COUNCILMEMBERS NONE
ABSENT COUNCILMEMBERS NONE
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