Ordinance 1111•
ORDINANCE NO. 1111
AN ORDINANCE OF THE CITY OF CUP.ERTZNO AMENDING
CHAPTER 10.24 OF Tt~ CUPERTINO MUNICIPAL CODE
RELATING TO THE SALE, USE, AND/OR DISCHARGE OF
FIREWORKS WITHIN THE CITY OF CUPERTINO
THE CITY COUNCIL OF TtfE CITY OF CUPERTINO DOES ORDAIN
AS FOLLOWS:
Chapter 10.24 of .the Cupertino Municipal Code is hereby
amended as follows:
10.24.010 - Findings,
The use and discharge of fireworks within the City of Cupertino
present a serious hazard to the health, welfare, and safety of
residents of the City of Cupertino. This hazard is most pro-
nounced during the Fourth of July seasonal celebration.
Local fire hazard conditions and fire suppression problems
require that the use and discharge of fireworks be prohibited
within the City of Cupertino. In order to effectively prohibit
the use and discharge of fireworks, it is necessary to prohibit
the sale of fireworks; if fireworks are readily available within
the City, any prohibition on the use of fireworks will be largely
' ineffective without a massive policing effort. The cost of such
a policing effort is prohibitive. In addition, the rare suppres-
sion resources necessary to produce such a massive policing
effort are largely unavailable during the Fourth of July seasonal
celebration.
For the purpose of this Chapter, the words and phrases,
"fireworks," "dangerous fireworks," and "safe and sane fireworks,"
shall have the respective meanings ascribed to them in Sections
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12511, 12505, and 12529 of the Health and Safety Code of the'
State of California.
10.24.030 - Prohibitions.
Except as hereinafter provided, no person, firm, corporation,
or organization shall sell, possess, discharge, or display
any "fireworks," "dangerous fireworks," or "safe and sane
fireworks" within the City of Cupertino.
10.24.040 - Exceptions.
Nothing in this Chapter shall be construed as prohibiting
the use of torpedoes, flares, or fuses by railroads or other
transportation agencies for signal purposes of illumination;
or the sale or use of blank cartridges for ceremonial purposes,
athletic, or sgorts events or military ceremonials or demonstrations;
or the discharge or display of fireworks by permittees having a per-
mit as hereinafter provided; or the sale, use, or discharge of
emergency signaling devices, as defined in Section 12506 of the
Health and Safety Code of the State of California, by any person
in an emergency situation; or the use and display of fireworks of
whatever nature by any person engaged in the production of motion
pictures, theatricals, or operas when such use and display is a
necessary part of such production; or the transportation of fire-
works through the City in regular course, and in original packages
or containers from any point outside of the City to any other point
outside of the City.
10.24.050 - Public Display of Fireworks - Permit Required.
Any person desiring to hold a public display of fireworks
within the City shall submit an application for permit at least
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10 days in advance of the display. After such privilege shall be
granted, possession, use, and distribution of fireworks for such
display shall be lawful for that purpose only. No permit
granted hereunder shall be transferable.
The City Manager shall have the power to adopt reasonable
rules and regulations for granting of permits for supervised
public displays of fireworks. Every such use or display shall be
handled by a competent operator approved by the City Manager and
shall be of such character and so located, discharged, or fired
as, in the opinion of the City Manager, shall not be hazardous
to persons or property.
The permittee shall furnish a bond or certificate of
insurance in an amount deemed adequate by the City Manager
for the payment of all damages which may be caused to a
person or persons or to property by means of the permitted
display, and arising from any acts of the permittee, his agents,
employees or subcontractors.
All fireworks that remain unfired after the display is con-
cluded shall be immediately disposed of in an approved manner
for the particular type of fireworks remaining.
10.24.060 - Severability.
If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is for any reason held to be invalid
or unconstitutional by the decision of any Court of competent
jurisdiction, such decision shall not affect the remaining
portions of this Ordinance. The City Council of this City hereby
declares that it would have adopted this Ordinance and each
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~ section, subsection, sentence, clause, pharse or portion thereof, irrespective
of any such decision. -
~ 10.24.070 -Violation - Penalty.
Any person, firm, corporation or organization violating any of the provisions
of this Chapter or knowingly or intentionally misrepresenting to any officer or
employee of this City any material fact in procuring the permit .here in provided
shall be punished as provided in Chapter 1.12.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
this 1st day of June 1981 and ENACTED at a regular meeting of the
City Council of the City of Cupertino this isch day of .rune 1981 by
the following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Piungy, Rogers, Sparks
NOES:: None
ABSENT: None
A85TAIN: None
ATTEST: APPROVED:
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City Clerk Mayor, Cit o Cupertino