HomeMy WebLinkAbout78-B - Ordinances ORDINANCE NO. 781;
OF RAItCRO CUCANOEGA, CAL IFORItlA, AMENDIIIG SEC?IONS
8.12.020, 8.12.030, 8.12.080.C., 8.12.190 AND ADDIEG
SECTI0it$ 8.12.200 ABD 8.12.210 TO CHAPTER 8.12 OF TITLE 8
OF THE ILMtCRO CUCAHOHGA NUHICIPAL CODE, RELATIIIG TO
FIRE~ORRS
THE CITY COUECIL OF THE CITY OF RABCEO CUCANO~CA, CALIFORRIA DOES
HEREBY ORDAIR AS FOLL0#$:
SECTIO!! 1: Section 8.12.020 of the Rancho Cucamonga Municipal Code
is hereby a~ended to read, in words and figures, as follows:
"S,12.020 Fireworks
"A. 'Danserous fireworks' are those defined in Section 12.505
of the California Bealth and Safety Coda, as the same presently ezists or may
be amended from time to time hereafter, and said dangerous fire works may
be discharged within the corporate limits of the City of Rancho. Gucamonga,
California as the same presently exists or aa may be modified from time to time
hereafter, at any time.
NB. 'Safe and Sane Fireworks' are those defined in Section
12.504 of the California Health and Safety Code, as the same presently exists
or as may be amended from time to time hereafter. Safe and sane fireworks may
be discharsed within the corporate liadts of the City of Rancho Cucamonga
during the period beginning at 12:01 a.m. on the fourth day of July and ending
at 12:01 a.m. on the fifth day of July of the same calendar year.
NC. 'Sparkler' includes any device containing chemical elements
and/or chesdcal co~pounde cap~ble of burnin$ independently of the oxygen of the
at~os phere and may be comprised of, but not limited to, devices made o~ the
following ingredients and having the following capabilities:
"Barium nitrate, alu~inu~ powder (pyrotechnic mixture)
iron powder or fine grits, resin, potassium perchlorate and adhered to wire or
wood material and manufactured to burn at a controlled rate of speed."
SECTION 2: Section 8.12.030 of the Rancho Cucamonga Nunicipal Code
is hereby amended to read, in words and figures, as follows:
'8,12.030 Sale of Safe and Sane Fireworks Permitted.
"A. The sale of safe and sane fireworks shall only be permitted
in comrcial districts of the City and such sale shall be subject to all
applicable state laws and regulations end all conditions specified in this
Chapter 8.12.
NB. Ho person authorized to sell safe and sane fireworks
pursuant to thio Chapter 8.12 shall sell any such fireworks, including safe and
sane fireworks, to a minor under tbs age of 18 years, unless such minor is
accompanied by bio or her parent(s) or guardian(s).
"C. The sale of safe and sane fireworks shall not comnence
prior to 12:00 noon of the thirtieth day of June and shall terminate at 12:01
a.m. on the fifth day of July of the same calendar year.
"D. He,withstanding any other provision of law, it shall be
unlawful for any person, firm, partnership or corporation to sell any sparkler,
as that term is defined in this Chapter 8.12, in any location within the
corporate boundaries of the City of Rancho Cucamenga."
SECTION 3: Section 8.12.050.C of the Rancho Cuca~onga Municipal Code
is hereby amended to read, in words and figures, as follows:
Ordinance No. ?SB
Page 2
"C. Period of coverage shall be 12:01 a.m., June 30, or
earlier, to 12:01 p.m. 5uly 15, or later, of the same calendar year;"
SBCTI08 4. Section 8.12.190 of the Rancho Cucamonga Hunicipal Code
is hereby amended to read, in words and figures, as follows:
"8.12.190 Penalty for Violation of Chapter.
"It shall be unlawful for any person, firm, par=nership, or
corporation to violate any provision or to fail to comply with any of the
requirements of this Chapter.
Any person, firm, partnership, or corporation violating any
provision of this Chapter or failing to comply with any of its requirements
shall be deemed guilty of a mis demeanor and upon conviction thereof shall be
punished by a fine not exceeding One Thousand Dollars, or by imprisonment not
exceeding six months, or by both such fine and imprisonment. Each such person,
firm, partner ship, or corporation shall be dae~ed guilty of a separate offense
for each and every day or any portion thereof during which any violation of any
of the provisions of this Chapter is coemi~ted, continued or permitted by such
person, firm, partnership, or corporation, and shall be deemed punishable
therefor as provided in this Chapter."
SECTIO~ 5~ A ney Section 8.12.200 is hereby added to Chapter 8.12 of
Title 8 of the Rancho Cucamonga Nunicipal Code to read, in words and figures,
as follows:
"Section 8.12.200. Civil Ram~dles Available.
"A violation of any of the provisions of this Chapter shall
constitute a nuisance and may be abated by the Ci~-y through civil process by
means of restra£ning order, preliminary or permanent injunc tlon, or in any
other manner provided by law for the abatement of such nuisance."
SgCTIOIq 6: A new Section 8.12.210 is hereby added to Chapter 8.12 of
Title 8 of the Rancho Cucamonga Nunicipal Code to read, ia words and figures,
as follcaesl
"Section 8.12.210. Severabili~y.
"The City Council hereby declares that, should any provision,
section, paragraph, sentence or word of this Chapter be rendered or declared
invalid by any final court action in a court of competent jurisdiction, or by
reason of any preemptive legislation, the remain ing provisions, sections,
paragraphs, sentences, and words of this Chapter shall remain in full force and
effect."
SECTIOI~ 7: The City Clerk shall certify to the adoption of this
Ordinance.
SECTI08 8: The Nayor shall sign this Ordinance and the City Clerk
shall cause the same to be published within fifteen (15) days after its passage
at least once in ~_~_~, a nawspaper of general circulation published
in the City of Ontario, California, and circulated in the City of Rancho
Cucamenga, California.
Ordinance No. ?SB
Page 3
PASSBD, APPROVED, and ADOPTED Chis 2nd day of April, 1986.
AYES: Mikels, Buquet, King, Dahl
NOES: None
AB$~IqT: Wright '
/-tl';¢' *"¢'
ATT~S T:
Beverly A./Authelet, City Clerk
I, BEVERLY A. AUTRRLET, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the fort~oing Ordinance was introduced at a
resular meeting of the Council of the City of Rancho Cucamensa held on the 2Otb
day of March, 1986, and vas finally passed at a resular meetin$ of the City
Council of the City of Rancho Cuca~onsa held on the 2nd day of April, 1986.
Executed this 3rd day of April, 1986 at Rancho Cucamonga, California.
Beverly A/Autbelet, City Clerk