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Ordinance 1255-86
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Ordinance 1255-86
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1/25/2018 9:57:51 AM
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1/25/2018 9:57:49 AM
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Ordinances
Ordinance Number
1255-86
Date
5/14/1986
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1 handled by a competent operator approved by the chief and shall <br /> be of such character and so located, discharged or fired so as, <br /> 2 in the opinion of the chief after proper investigation, not to be <br /> hazardous to property or endanger any person. <br /> 3 <br /> 4 and inserting in its place: <br /> 5 <br /> (b) Except as hereinafter provided or as is otherwise provided <br /> 6 by State law and City ordinance, it shall be unlawful for any <br /> person to possess, store, to offer for sale, expose for sale, <br /> 7 sell at retail or use or explode any fireworks, provided that the <br /> chief shall have power to adopt reasonable rules and regulations <br /> 8 for the granting of permits for supervised public displays of <br /> fireworks by a jurisdiction, fair associations, amusement parks, <br /> other organizations or for the use of fireworks by artisans in <br /> pursuit of their trade. Every such use or display shall be <br /> 10 handled by a competent operator approved by the chief and shall <br /> be of such characfter and so located, discharged or fired so as, <br /> 11 in the opinion of the chief after proper investigation, not to be <br /> hazardous to property or endanger any person. <br /> 12 <br /> 13 F. The UFC and UFCS are each amended by the addition of the <br /> 14 following language: <br /> 15 <br /> It is expressly the purpose of this Code to provide for and <br /> 16 promote the health, safety and welfare of the general public, and <br /> not to create or otherwise establish or designate any particular <br /> 17 class or group of persons who will or should be especially <br /> protected or benefited by the terms of this Code. <br /> 18 <br /> It is the specific intent of this Code to place the obligation of <br /> 19 complying with its requirements upon the permit applicant and any <br /> person owning, operating or controlling any building or structure <br /> 20 within the scope of this code that no provision nor term used in <br /> this Code is intended to impose any duty whatsoever upon the City <br /> 21 or any of its officers or employees for whom the implementation <br /> or enforcement of this Code shall be discretionary and not <br /> 22 mandatory. <br /> 23 Nothing contained in this Code is intended to be nor shall be <br /> construed to create or form the basis for any liability on the <br /> 24 part of the City or its officers, employees or agents, for any <br /> injury or damage resulting from the failure of a building to <br /> 25 comply with the provisions of this Code, or be reason or <br /> inconsequence of any inspector, notice, order, certificate, <br /> 26 permission or approval authorized or issued or done in connection <br /> with the implementation or enforcement of this Code, or by reason <br /> 27 of any action of the City related in any manner to the <br /> enforcement of this Code by its officers, employees or agents. <br /> 28 <br /> 29 Notwithstanding any language used in this ordinance and/or the codes <br /> 30 enacted herein, it is not the intent of this ordinance to create a duty <br /> 31 and/or cause of action running to any individual or identifiable person but <br /> 32 rather any duty is intended to run only to the general public. <br /> -5- <br />
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