HomeMy WebLinkAboutORD 18 (1989)ORDINANCE NO. 18 (1989)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR PROHIBITING THE SALE, USE OR
DISCHARGE OF ANY FIREWORKS WITHIN THE CITY
AND DECLARING THE URGENCY THEREOF.
A. Recitals.
(i) Chapter 1 of Part 2 of Division 11 of the
California Health and Safety Code (Sections 12500, et seq.)
authorizes the regulation of the sale, use or discharge of
fireworks within the City of Diamond Bar.
(ii) This City Council desires to implement the
provisions of California Health and Safety Code Section 12541
authorizing the prohibition of sale, use or discharge of
fireworks within the City for the health and safety of the
residents of the community.
(iii) The immediate adoption of this Ordinance as an
urgency measure is necessary to preclude the potential sale, use
or discharge of fireworks within the community which has only
recently incorporated and to preserve and promote the public
health, safety and welfare.
(iv) All legal prerequisites to the adoption of this
Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, the City Council of the City of Diamond
Bar does hereby ordain as follows:
SECTION 7: In all respects as set forth in the
Recitals, Part A, of this Ordinance.
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SECTION 2: Notwithstanding any other provisions of the
Los Angeles County Code, as heretofore adopted by this City
Council, it shall be unlawful for any person, firm, partnership
or corporation to sell, use or discharge any fireworks within the
City of Diamond Bar including, but not limited to, "safe and
sane" fireworks as that term is defined in Part 2 of Division 11
of the California Health and Safety Code, as the same may be
amended from time to time hereafter.
SECTION 3: Penalty for violation of ordinance.
It shall be unlawful for any person, firm, partnership,
or corporation to violate any provision, or to fail to comply
with any of the requirements, of this Ordinance. Any person,
firm, partnership, or corporation violating any provision of this
Ordinance, or failing to comply with any of its requirements,
shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine not exceeding One Thousand
Dollars ($1,000.00), or by imprisonment not exceeding six (6)
months, or by both such fine and imprisonment. Each such person,
firm, partnership or corporation shall be deemed guilty of a
separate offense for each and every day or any portion thereof
during which any violation of this Ordinance is committed,
continued or permitted by such person, firm, partnership, or
corporation, and shall be deemed punishable therefore as provided
in this Ordinance.
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SECTION 1: Civil Remedies Available.
The violation of any of the provisions of this
Ordinance shall constitute a nuisance and may be abated by the
CITY through civil process by means of restraining order,
preliminary or permanent injunction or in any other manner
provided by law for the abatement of nuisances.
SECTION 5: Severability..
The City Council declares that, should any provision,
section, paragraph, sentence, or word of this Ordinance be
rendered or declared invalid by any final Court action in a court
of competent jurisdiction, or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs,
sentences, and words of this Ordinance shall remain in full force
and effect.
SECTION 1: Pursuant to the provisions of California
Government Code Section 36937(b), the City Council of the City of
Diamond Bar declares this Ordinance to be an urgency measure
requiring the immediate enactment thereof for the preservation of
the public peace, health, safety and welfare of the City and its
inhabitants and, accordingly, the provisions of this Ordinance
shall become effective immediately upon its adoption.
SECTION 7: The City Clerk shall certify to the passage
of this Ordinance and shall cause the same to be posted in three
(3) public places within the City of Diamond Bar within fifteen
(15) days after its passage in the manner prescribed by
Resolution No. 89-6.
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ADOPTED AND APPROVED this ?7th day of June, 1989.
I, TOMMYE NICE, Deputy City Clerk of the City of
Diamond Bar, do hereby certify that the foregoing Ordinance was
introduced and passed at a regular meeting of the City Council of
the City of Diamond bar held on the 27th day of June, 1989, by
the following vote:
AYES: COUNCIL MEMBERS: FORGING, WERNER, Mayor Pro Tem
HORCHER and Mayor PAPEN
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MILLER
ABSTAINED: COUNCIL MEMBERS: NE
ATTEST:
Tommye Nice, Deputy ffty�Clerk
City of Diamond =mar' _
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