HomeMy WebLinkAbout3976 ORDINANCE NO. 3 9 7 6
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, REPEALING CHAPTER 8.24
(PERTAINING TO FIREWORKS) OF THE ORDINANCES OF THE CITY OF AUBURN,
WASHINGTON, AND ENACTING A NEW CHAPTER 8.24 PERTAINING THERETO.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS:
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Section 1. SCOPE.
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(a) This ordinance shall apply to the manufacture, possession,
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storage, sale, transportation and use of fireworks.
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Nothing in this ordinance shall be construed to prohibit the manu-
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facture, possession, storage, sale, transportation and use of
fireworks for the following purposes:
(1) By railroads or other transportation agencies for signal
or illumination purposes.
(2) For signal purposes in athletics or sports.
(3) By military organizations.
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(4) The sale and use for blank cartridges for show or theater.
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Section 2. DEFINITIONS.
(a) "Fireworks" means any composition or device, in a finished state,
containing any combustible or explosive substance for the purpose
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of producing a visible or audible effect by combustion, explosion,
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deflagration, or detonation, and classified as common or special
fireworks.
(b) "Special fireworks" means any fireworks designed primarily for
exhibition display by producing visible or audible effects. The
term includes:
1. Fireworks commonly known as sky rockets, missile type rockets,
firecrackers, salutes and chasers; and
2. Fireworks which are not classified as common fireworks.
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(c) "Common fireworks" means any fireworks designed primarily to pro-
duce visible or audible effects by combustion.
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~l Ordinance No. 3976
Page One
3e 5/3/84, 5/8/84 (2)
5/21/84
1. Effective June 1, 1984 through May 31, 1985, the term inclu-
des ground and hand-held sparkling devices, including items
commonly known as dipped sticks, sparklers, cylindrical foun-
tains, cone fountains, illuminating torches, wheels, ground
spinners, and flitter sparklers; smoke devices; helicopters;
aerials; spinners; roman candles, mines; shells; and Class C
explosives classified on January 1, 1984 as common fireworks
by the United States Department of Transportation; provided,
that the term does not include fireworks commonly known as
firecrackers, salutes, chasers, skyrockets, and missile-type
rockets.
2. Effective June 1, 1985, the term includes ground and hand-held
sparkling devices, including items commonly known as dipped
sticks, sparklers, cylindrical fountains, cone fountains,
illuminating torches, wheels, ground spinners, flitter
sparklers; and smoke devices; provided, that the term does not
include fireworks commonly known as firecrackers, salutes,
chasers, skyrockets, missile-type rockets, helicopters,
aerials, spinners, roman candles, mines, shells and Class C.
explosives classified as common fireworks by the U.S.
Department of Transportation, unless such Class C explosives
are approved by the Fire Chief or his designee.
(d) "Special effects" means any combination of chemical elements or
chemical compounds capable of burning independently of the oxygen
in the atmosphere and designed and intended to produce an audible,
visual, mechanical, or thermal effect as a necessary part of
motion picture, radio, television, theatrical or opera productions.
Section 3. PERMITS.
(a) Permits shall be obtained:
1. To store fireworks in any amount of any type exceeding ten
(10) pounds aggregate weight.
Ordinance No. 3976
Page Two
5/3/84, 5/8/84 (2)
5/21/84
2. To possess, manufacture, offer to sell or sell fireworks at
wholesale or retail for any use. Exception: Possession of
common fireworks lawfully purchased at retail.
3. To conduct a public display of fireworks.
4. To discharge special fireworks.
5. To transport any fireworks.
Exception: (i) Transportation by a public carrier to a
licensee.
(ii) Transportation of common fireworks in a
private passenger vehicle during the legal
sales period established in Section 6 of
this ordinance and in accordance with
Section 3(a)1.
6. To use or discharge fireworks inside a structure.
7. To use or discharge fireworks for ceremonial purposes; pro-
vided that there shall be no fee for such permit.
(b) All permits required by this section shall be issued by the Fire
Chief or his designee except as otherwise provided by Section 8
(b). As a condition of any permit, the Fire Chief may specify
additional safeguards as necessary to provide for the public
safety. The applicant shall apply for a permit on a form provided
by the Auburn Fire Department. The form shall have all pertinent
information and be properly filled out by the applicant at the
time of application.
(c) No person under eighteen years of age may apply for or receive a
permit under this section.
Ordinance No. 3976
Page Three
5/3/84, 5/8/84 (2)
5/21/84
Section 4. AUTHORITY.
(al The Fire Chief or his designee shall have authority to issue and
condition permits required by this Ordinance.
(b) The Fire Chief and the Police Chief or their designees have
authority to enforce the provisions of this Ordinance.
Section 5. LEGAL FIREWORKS.
(al Fireworks which are defined as common fireworks in this Ordinance
are legal for sale and use within the City of Auburn as set forth
in this Ordinance.
(b) Fireworks which are not common fireworks are expressly prohibited
for sale, transportation, discharge, storage, or use within the
City of Auburn unless the Fire Chief or his designee has issued a
permit for such purpose.
Section 6. RETAIL SALES AND DISCHARGE OF FIREWORKS.
(al Only common fireworks as defined in this Ordinance are legal for
sale to the public.
(b) The sale, use or discharge of any firework in the City of Auburn,
prior to 12:00 noon on June 28th or after 12:00 noon on July 6th
each year is prohibited except where authorized by Fire Department
permit or exempted under Section i (al.
No common fireworks will be sold or discharged except between the
following hours and dates:
June 28 12:00 noon to 10:00 p.m.
June 29 - July 5 9:00 a.m~ to 10:00 p.m.
July 6 9:00 a.m. to 12:00 noon
Ordinance No. 3976
Page Five
5/3/84, 5/8/84 (2)
5/21/84
(d) An application for a permit shall be made in writing to the Fire
Chief or his designee at least 30 days in advance. After a permit
is granted, transportation, storage, discharge, sale, possession,
use and distribution of fireworks shall be lawful only for the
purpose stated on the permit. No permit granted hereunder shall
be transferable.
(e) The Fire Chief or his designee may issue permits for the transpor-
tation and storage of fireworks in bulk quantities under United
States Department of Transportation classifications, describing
such quantity limitations, duration and conditions of storage or
transport as the Fire Chief shall deem necessary to provide for
the public safety.
(f) For all retail firework stands there will be a fee as established
in the business registration schedule. The Fire Chief shall make
such other investigation as he deems necessary in connection with
the safety of the proposed operation and shall either grant or
deny such permit. If the permit is denied the applicant shall
have the right to appeal the denial thereof to the appropriate
City Council Committee. The appropriate City Council Committee
shall consider such application, recommendation and denial and in
its discretion shall either uphold the denial or grant the permit
applied for.
(g) Number of permits. No one organization, person, firm, co-
partnership, or corporation may receive more than one (1) permit
for the retail sale of common fireworks during one calendar year.
The maximum number of permits which may be issued pursuant to this
Ordinance during any calendar year shall not exceed one (1) for
each three thousand (3,000) residents of the City, or major por-
tion thereof, according to the last official census.
Ordinance No. 3976
Page Four
5/3/84, 5/8/84 (2)
5/21/84
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(c) Only fireworks defined as common fireworks in this Ordinance may
be sold at retail stands.
(d) A permit for the retail sale of fireworks issued by the Fire Chief
must be prominently displayed at the sales location.
(e) Retail operators applying for permit shall submit a copy of their
State Fire Marshal approved Retailers License with the application
for a permit under this Ordinance. Each permit application must
be accompanied by a certificate of insurance.
(f) The certificate of insurance shall evidence a comprehensive
general liability (including automobile coverage) insurance policy
providing limits of One Million Dollars ($1,000,000), combined
single limit, per occurrence and annual aggregate, no deductible,
and naming the City of Auburn as an additional insured.
(g) A bond in the amount of Fifty Dollars ($50.00) must be posted with
the City of Auburn at least 30 days in advance of the initial
sales date to provide for costs of site cleanup if the operator
fails to perform such cleanup.
(h) That the proposed stand is constructed in a manner which shall
insure the safety of attendents and patrons. All fireworks stands
shall be constructed with a shelf twelve (12) inches or more in
depth attached to the front of the stand as a pass out counter for
fireworks; the bottom of the stand up to the shelf and the other
three sides must be of a type of material such as plywood.
(i) That the electrical wiring within the proposed stand shall conform
to the State of Washington laws, rules and standards.
(j) Retail operators will obtain a permit for the construction of the
proposed fireworks stand from the City Building Department.
(k) The location of a fireworks stand shall be approved by the Fire
Chief and the Police Chief or their designees.
(1) The owners and operators of fireworks stands shall be approved by
the Fire Chief and Police Chief or their designees.
Ordinance No. 3976
Page Six
5/3/84, 5/8/84 (2)
5/21/84
(m) Retailers require to be licensed under this Ordinance shall post
prominently at each retail outlet a list of the fireworks that may
be sold to the public in this State pursuant to this Ordinance and
the laws of the State of Washington. The posted list shall be in
a form approved by the State Fire Marshal who shall make that list
available.
Section 7. OPERATION OF RETAIL OUTLETS.
(a) A stand for the retail sale of fireworks is limited to 500 square
feet, shall not be located within any permanent structure, and
shall be used only for the retail sale of common fireworks.
(b) A stand must be either located at least 300 feet from another
fireworks stand or separated from another fireworks stand by a
major arterial thoroughfare at least 100 feet in width,
(c) A stand must be located at least 100 feet from any flammable
liquid dispensing device or installation.
(d) A stand must be located at least 50 feet from any building.
(e) A stand must be located no more than 500 feet from a fire hydrant.
(f) A stand must be accessible from an improved public street or
thoroughfare.
(g) The area around the stand must be completely free of hazardous
accumulations, including but not limited to dry grass, brush, or
debris or any nature, for a distance of not less than 25 feet on
all sides.
(h) Each stand must have at least 2 exits located at opposite ends of
the stand.
SUCH EXITS MUST NOT BE LOCKED WHILE THE STAND ~S OCCUPIED.
(i) The stand must be equipped with at least two (2) approved (U.L. or
F.M.) 2-1/2 gallon water type or equivalent fire extinguishers.
Ordinance No. 3976
Page Seven
5/3/84, 5/8/84 (2)
5/21/84
(j) No heating device of any kind is permitted in the stand.
(k) No smoking signs must be prominently posted on the stand and in
the vicinity of the stand. Smoking shall not be permitted within
25 feet of the stand. The stand supervisor shall be responsible
for enforcing the no smoking regulations.
(1) A motor vehicle cannot be parked within 25 feet of a fireworks
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stand. No cooking or heating shall occur in a motor vehicle
located within 25 feet of a fireworks stand.
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(m) Fireworks shall not be discharged within 100 feet of a fireworks
stand. Signs to this effect shall be posted conspicuously at the
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stand.
(n) In transporting fireworks from warehouses to stands (such as
during re-supply), all federal, state, and'local transportation
requirements must be met, including but not limited to placarding
requirements for vehicles carrying over 1,000 pounds of fireworks.
(o) It is unlawful to deliver fireworks to, or store fireworks at,
other than the permit location.
(p) No fireworks shall be stored outside the stand in any vehicle,
trailer, or camper. When the stand is left unattended the stand
must be securely locked against unauthorized entry.
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Transportation of fireworks to another fireworks location is pro-
hibited. Such fireworks shall remain in the stand during the
sales period.
(q) Stands must be under the direct supervision of a competent adult
18 years of age or older at all iimes. The location of the clo-
sest telephone must be prominently posted within the stand.
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Overnight sleeping in a stand is prohibited. A separation
distance of 25 feet must be maintained between any trailer,
camper, vehicle and the stand.
(r) Customers shall not be permitted inside the stand.
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Ordinance No. 3976
32 Page Eight
5/3/84, 5/8/84 (2)
5/21/84
(s) A clear aisle or walkway must be maintained inside the stand for
the full length of the stand.
(t) At the end of the sales period, remaining stocks of fireworks must
remain in the stand until removed to the suppliers from which they
were purchased or to a location approved by the Fire Chief or his
designee. Removal of all fireworks and accompanin§ litter must
be accomplished within twenty-four (24) hours.
Section 8. PUBLIC DISPLAY OF FIREWORKS.
(a) Every public display of fireworks shall be handled by a competent
operator approved by the Fire Chief or his designee and shall be
of such character, and so located, discharged, or fired, that, in
the opinion of the Fire Chief or his designee, after proper
investigation, it will not constitute a hazard to property or
endanger any person. Should the Fire Chief or his designee deny a
permit for public display of fireworks, the applicant therefore
shall have the right to appeal that denial to the appropriate
Auburn City Council Committee, which shall consider such applica-
tion, recommendation and denial, and in its discretion shall
either uphold the denial or grant the permit applied for.
(b) A State Pyrotechnics License is required for operators of a public
display of fireworks.
(c) A bond or certificate of insurance must be furnished to the Fire
Chief before a permit is issued. The bond shall be in the amount
of One Million Dollars ($1,000,000) and shall be conditioned upon
the applicant's paj~nent of all damages to persons and property
resulting from or caused by such publiic display of fireworks, or
by any negligence on the part of the applicant or its agents, ser~
vants, employees or subcontractors in the presentation of the
Ordinance No. 3976
Page Nine
5/3/84, 5/8/84 (2)
5/21/84
display. The certificate of insurance shall evidence a comprehen-
sive general liability (including automobile coverage) insurance
policy providing limits of One Million Dollars ($1,000,000) com-
bined single limit, per occurrence and annual aggregate, no deduc-
tible, and naming the City of Auburn as an additional insured.
(d) Transportation and storage.
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1. All fireworks shall be transported within the city in
accordance with 49 CFR Part 177 and 397.9 (b) prior to
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reaching the display site.
2. As soon as the fireworks have been delivered to the
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display site, they shall be attended and shall remain dry.
3. All shells shall be inspected upon delivery to the
display site by the display operator. Any shells having
tears, leaks, broken fuses, or showing signs of having
been wet shall be set aside and shall not be fired. After
the display, any such shells shall be either returned to
the supplier or destroyed according to the supplier's
instructions.
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4. All fireworks at the firing site must be stored in ready
boxes (substantially constructed wood magazines). During
the display, the magazines muSt be 25 feet upwind
(relation to firing line) from the nearest mortar.
Magazine lids must open in the opposite direction to the
firing. All ready boxes are to be protected by a flame-
proof water repellent canvas cover until emptied.
5. The shell storage area shall be located at a minimum
distance of not less than 25 feet from the discharge site.
6. During the display, shells shall be stored upwind from the
discharge site. If the wind shifts during the display,
the shell storage area shall be relocated to be upwind
from the discharge site.
3~ Ordinance No. 3976
Page Ten
5/3/84, 5/8/84 (2)
5/21/84
(e) Preparation of site and crowd control.
1. All dry grass, weeds and other combustible waste matter
within 50 feet of the firing site shall be removed.
2. The site shall be located so that the trajectory of shells
shall not come within 25 feet of any overhead object.
3. Discharged fireworks shall not come within 100 feet of any
tent or canvas shelter.
4. The firing and storage site shall be located not less than
200 feet from any building.
5. The operator shall provide sufficient personnel to assure
that no unauthorized persons are allowed within 200 feet
of the firing and storage site. This requirement shall be
in effect from one-half hour prior to the arrival of
fireworks until all fireworks debris, equipment and
fireworks have been removed from the site.
6. Spectators shall be restrained behind lines or barriers at
least 200 feet from the firing and storage locations.
(f) Installation of mortars.
1. Mortars shall be inspected for dents, bent ends, and cracked
or broken plugs prior to ground placement. Mortars found to
be defective in any way shall not be used. Any scale on the
inside surface of the mortars shall be removed.
2. Mortars shall be positioned so that the shells are carried
away from spectators and buil.dings. When fired over water,
mortars shall be installed at an angle of not less than 10
degrees, pointing toward the water.
Ordinance No. 3976
Page Eleven
5/3/84, 5/8/84 (2)
5/21/84
3. Mortars shall be either buried securely into the ground to a
depth of 2/3 to 3/4 of their length or fastened securely in
mortar boxes or drums. In soft ground, heavy timber or rock
slabs shall be placed beneath the mortars to prevent their
sinking or bein9 driven into the ground during firing.
4. In damp ground, a weather-resistant bag shall be placed under
the bottom of the mortar prior to placement in the ground to
protect the mortar against moisture.
5. Weather-resistant bags shall be placed over the open end of the
mortar in damp weather to keep moisture from accumulating on
the inside surface of the mortar.
6. Sand bags, dirt boxes, or other suitable protection shall be
placed around the mortars to protect the operator from ground
bursts. This requirement shall not apply to the down-range
side of the discharge site.
(g) Operation of the display.
1. The operator shall provide fire protection at the site as
required by the Fire Chief or his designee.
2. Only permitted fireworks are authorized for use.
3. If in the opinion of the Fire Chief or his authorized repre-
sentative lack of crowd control should pose a danger, the
display shall be immediately discontinued until such time as
the situation is corrected.
Ordinance No. 3976
Page Twelve
5/3/84, 5/8/84 (2)
5/21/84
5. If at any time high winds or unusually wet weather prevail
such that, in the opinion of the Fire Chief, his authorized
representative or the display operator, a definite danger
exists, the public display shall be postponed until weather
conditions improve to permit safe discharge of fireworks.
6. Light snow or mist need not cause cancellation of the display;
however, all materials used in the display shall be protected
from the weather until immediately prior to use.
7. Display operators and assistants shall use only flashlights or
approved electric lighting for artificial illumination.
8. No smoking or open flames shall be allowed within 50 feet of
the firing or storage area as long as shells are present.
Signs to this effect shall be conspicuously posted.
9. The first shell fired shall be carefully observed to determine
that its trajectory will carry it into the intended firing
range and that the shell functions over, and any debris falls
into, the planned landing area.
10. The mortars shall be re-angled or reset if necessary at any
time during the display.
11. When a shell fails to ignite in the mortar, the mortar shall
not be touched for a minimum of 5 minutes. After 5 minutes it
shall be carefully flooded with water. Immediately following
the display, the mortar shall be emptied into a bucket of
water. The supplier shall becontacted as soon as possible
for proper disposal instructions.
12. Operators shall not attempt to repair a damaged shell nor
shall they attempt to dismantle a dry shell. In all such
cases, the supplier shall be contacted as soon as possible for
proper disposal instructions.
13. Operators shall not dry a wet shell, lance, or pot for reuse.
Ordinance No. 3976
Page Thirteen
5/3/84, 5/8/84 (2)
5/21/84
14. The entire firing range shall be inspected immediately
following the display to locate any defective shells. Any
such shells found shall be immediately doused with water
before handling. The shells shall be placed in a bucket of
water. The supplier shall then be contacted as soon as
possible for proper disposal instructions.
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15. When fireworks are displayed in darkness the sponsor shall
ensure that the firing range is inspected early the following
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9 morning.
16. Any fireworks remaining unfired after the display shall be
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immediately disposed of or removed from the City to the
supplier from which they were purchased or to a location
approved by the Fire Chief or his designee.
17. The debris from discharged fireworks shall be properly
disposed.
(h) The denial by the Fire Chief of a permit for the public display of
fireworks may be appealed to the appropriate Auburn City Council
Committee.
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Section 9. PROHIBITED ACTS.
(a) The manufacture of fireworks within the City of Auburn is prohi-
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bited.
(b) The discharge of any fireworks in public parks is prohibited
unless approved by the Director of the Parks and Recreation
Department and the Fire Chief or his designee.
(c) The discharge of fireworks inside or upon a structure is prohi-
bited, unless a permit has been obtained from. the Fire Chief or
his designee.
(d) The discharging or throwing of ignited fireworks from vehicles or
buildings is prohibited.
$1 Ordinance No. 3976
Page Fourteen
3e 5/3/84, 5/8/84 (2)
5/21/84
(e) The discharging or throwing of ignited fireworks from watercraft
or vessels is prohibited, unless a permit has been obtained from
the Fire Chief or his designee.
(f) Fireworks shall not be transported in or upon vehicles used for
mass transportation such as buses or trains.
§ Section 10. SEIZURE OF FIREWORKS
The Police Chief or his designee shall seize, take, remove or cause to
be removed at the expense of the owner, all fireworks offered or exposed for
sale, stored, possessed or used in violation of this Ordinance.
(a) Any person whose fireworks are seized under the provisions of this
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section, may within ten (10) days after such seizure, petition the
Police Chief in writin§ to return the fireworks seized upon the
grounds that such fireworks were illegally or erroneously seized.
Such petitions shall be considered by the Police Chief within fif-
teen (15) days after filing and an oral hearing granted to the
petitioner if requested. The decision of the Police Chief shall
be provided in writing to the petitioner. The Police Chief may
order the fireworks seized under this chapter disposed of, or
returned to the petitioner if illegally or erroneously seized,
providing such return is in compliance with State law~ and this
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Ordinance.
(b) The determination of the Police Chief is final, unless within
sixty (60) days an action is commenced in the Aukeen District
Justice Court for the recovery of fireworks seized by the Police
Chief.
(c) If the fireworks are not returned to the petitioner or destroyed,
the Police Chief may sell all confiscated common fireworks and
special fireworks that are legal for use and possession under
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State law and this Ordinance to wholesalers licensed by the State
of Washington. Sales shall be made by public auction after
publishing a notice of the date, place and time of the auction in
a newspaper of general circulation within the City. Such notice
Ordinance No. 3976
Page Fifteen
5/3/84, 5/8/84 (2), 5/21/84
of public auction shall be made at least 14 days prior to the date
of auction. The proceeds of any sale of seized fireworks under
this Ordinance, shall be deposited in a special fund which shall
be used for the sole purpose of educating the public on firework
safety.
(d) Fireworks that are illegal for use and possession in this City
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shall be turned over to the State Fire Marshal for destruction
Section 11. PENALTY CLAUSE.
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Any person convicted of violating any of the provisions of this ordi-
nance, shall be punished by payment of a fine of up to Five Hundred Dollars
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($500.00), or a jail sentence of up to six (6) months, or both such fine and
imprisonment, for each violation of the provisions of this Ordinance.
Section 12. SAVINGS CLAUSE.
The invalidity or unconstitutionality of any provision or section of this
ordinance shall not render any other provision or section of this ordinance
invalid or unconstitutional.
Section 13. EFFECTIVE DATE.
With the exception of Section 2 (c) 2 of this ordinance, this ordinance
shall take effect and be in force five (5) days from and after its passage,
approval and publication, as provided by law.
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Section 14. The Mayor is hereby authorized to implement such administra-
tive procedures as may be necessary to carry out the directions of this
legislation.
INTRODUCED: MAY 21. 1984
PASSED: · MAY 21. 1984 _
~5 APPROVED: _/~ MAY 21. ~,~
27 ATTEST: M A Y 0 R~
erk
APP ED T FOR
~l PUBLISHED: MAY 27~ 1984
//~ City Attorney
Ordinance No. 3976
Paqe Sixteen
5/3/84, 5/8/84 (2), 5/21/84