sr-050879-8cSanta Monica, California, May 1, 1979
T0: Mayor and City Council
FROM: City Staff
SUBJECT: Sale of Safe and Sane Fireworks.
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Introduction
SC
~AAY 8 1979
This report transmits information to Council regarding sale of safe and sane
fireworks in cities in Los Angeles County; a resolution and proposed ordinance
establishing regulations and permit fees to allow the sale of safe and sane
fireworks within the City of Santa Monica.
Background
Last year, the City Council directed staff to present a report regarding the
sale of safe and sane fireworks, and to prepare a resolution and ordinance
governing such sales. After review by the Council, the proposed fireworks
ordinance was referred to staff for revision. The proposed ordinance has been
reviewed and revised by staff to incorporate the concerns raised by Council
Members last Spring.
Safe and sane fireworks are currently sold in approximately 40 cities in Los
Angeles County. These fireworks are pyrotechnic devices which have been tested
and approved by the State Fire Marshal of California as being "safe and sane"
as contrasted with other devices that have been declared "dangerous" and pro-
hibited for sale, use or possession in California.
In order to be approved by the State Fire Marshal, safe and sane fireworks must
not explode, rise into the air, discharge balls of fire, dart or travel around
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the ground in an uncontrolled manner'or contain poisonous chemicals. In
general, they are devices which create an audible or visual effect without
being dangerous.
If the item submitted to the State Fire Marshal's Office for testing passes
the regular standards that are applied, the item may be Tabled "safe and sane"
and carry the State Fire. Marshal's seal of approval.
Survey Results
Staff contacted 26 cities in Los Angeles County which allowed safe and sane
fireworks to be sold. (Sample ordinances requested last year by Council Member
Swink are attached.) Information was obtained regarding:
A) What groups may sell fireworks..
B) Number of stands permitted per group.
C) Criteria for granting permits.
D) Amount of permit fee.
E) Cleaning deposits.
F) Dates and hours of sale.
G) Location of stands.
zations permitted to Sell Fireworks
Seventeen cities stated that only non-profit organizations based within their
jurisdictions were able to sell safe and sane fireworks. Three cities stated
only veteran groups were able to sell fireworks.
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Number of .Stands Permitted
May 1, 1979
Thirteen cities set forth a specific limit on the number of permits issued for
the sale of fireworks because sale was limited to non-profit .organizations based
within their city. Nine cities had a limit of one stand per organization.
Number of Permits
Staff arrived at a ratiocof firework permits per population (City's population
divided by number of firework. permits approved).' This ratio ranged from one
permit (firework stand) per 608 people in San Fernando-to one permit (firework
stand) per 5,113 people in West Covina. The average ratio was one stand per
3,059 people..
Pexmit Fee
Eighteen of the 26 cities stated that a permit fee was required in order for
an organization to obtain a permit to sell fireworks. These fees ranged from
$15.00 (in Pico Rivera and Lynwood) to $330.00 (in Redondo Beach). The average
permit fee was $145.39.
Cleaning Deposit
Twelve cities required a cleaning deposit. This fee would help to insure that
the area in which the firework stand existed would be cleared up'by a given date.
These deposits ranged from $10,00 in'Paramount to $200 in Monterey Park. The
average cleaning deposit was $61.25.
Current Sale - Period of Limitation
California State law states that fireworks can be sold from noon on June 28th
until noon on July 6th.. Cities may authorize 'the sale of fireworks within these
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dates but may not. authorize sale of fireworks outside this time frame
May 1, 1979
Thus,
many cities allow sale of fireworks ~mm noon on June 28th until at .least
midnight on July 4th. Twenty-five cities do not restrict hours of sale
during these dates, therefore, sale b€ fireworks exists>24 hours a day during
the authorized dates.
Nine of the the 26 cities allowed firework sales to begin ab noon June 28th
and 12 cities prohibited sales after midnight July 4. Two cities allowed
firework sales to continue until noon July 6th.
Stand Location
Cities' Zoning Departments set forth various restrictions as to location of
firework stands. Most state that the fireworks stand operator must have the
written permission to sell fireworks from-the property owner on which the stand
is located. Stands are permitted only in certain zones and restrictions are set
forth regarding the distance between firework stands.
If Council allowed the sale: of safe and sane fireworks, they could be sold in
any commercial or industrial zone in the City of Santa Monica under current
zoning regulations.
Other requirements
Certain requirements are set forth 'by the cities which allow sale of safe and
sane fireworks.. Every. city stated only adults were allowed to operate the
firework stand. All cities set forth restrictions governing the maintenance of
the stands.
T0: Mayor 'and City Coup' '
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Sale of Fireworks in Santa Monica
May 1, 1979
Should Council decide to adopt an ordinance allowing the sale of safe and sane
fireworks in the City of Santa Monica, the .following process should be followed
by groups wishing to obtain a permit to sell safe and sane fireworks:
1. Only non-profit organizations based in the City of Santa Monica and having
served the community for five years would be able to apply for a permit to
sell safe and sane fireworks.
This tiaill enable organizations who work for the benefit of the community
to receive funds through the sale of the fireworks.
2. All requests for applications should be filed annually during the month of
February.
3. Applications would be limited only to "parent" organizations in order to
limit competition among various organizational subsi.diaries and auxiliaries.
Each organization would be required to state the specific service or purpose
for which proceeds .will be devoted.
4. No more than five non-profit organizations would be granted permits to
sell safe and sane fireworks. No more than one stand per organization
would be permitted.
S. If there are more than five requests for applications, a lottery would be
conducted by the City Clerk on March 1 to determine which five non-profit
organizations based in the City of Santa Monica would be allowed to sell
safe and sane fireworks.
6. For each of the five successful applicants, a permit fee of $150.00 would
be required. This permit fee would cover costs incurred for inspection
and supervision by Fire and Building Department Personnel.
T0: Mayor and City Coun' May 1, 1979
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7. A cleaning deposit of $100 would be required. This. will insure the
timely clean up of the firework stand area, so that adjacent property
owners would not be concerned with debris resulting. in a litter problem.
All debris would be cleared-from the fireworks stand site by noon on
July 11th or the $100. cleaning deposit would not be refunded and would
be used to defray City clean up costs.
8. The City would collect an amount equal to ten percent of the gross
receipts on the sale of fireworks. This money would be used to finance
a fire prevention and safety education program conducted by the Fire
Department.
9. A copy of the written permission from the owner of the property on which
the stand is to be located would be submitted with each application.
10. Construction of a firework stand would not begin prior to June 15.
11. Only safe and sane fireworks would be sold within the City of Santa
Monica. Each permit would be valid only for these dates of sale: noon,
June 28th through 8:00 p.m. July 4. During this period, sales would be
prohibited between 10:00 p.m. and 6;00 a. m.
12. Only adults would be permitted to engage in the sale'of fireworks:.
Impact of Sale of Fireworks on Fire Safety
With full recognition of the .generally unenforceable-nature of laws existing,
it is the opinion of the Fire Department that the sale and increased avail-
ability of fireworks in the City would further imperil the public, and
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substantially increase the. risk of fires and burn injuries.
The National Fire Protection Association and-the United States Fire. Administration
advocate a total ban on-.the sale and use of fireworks .except for authorized public
display fireworks in the hands of professionals. The Santa Monica Fire Department
concurs with this view. There are really no "safe and sane'° fireworks for ,the
general public, and the Department is unalterably opposed_to an Ordinance which
would allow the sale of "safe and sane" fireworks in Santa Monica.
If the Council should approve such an ordinance, it is recommended that l00 of
the gross proceeds_be provided for use in a Public Fire Safety Education program.
Alternatives
1. Reject the proposed ordinance and continue the present prohibition
of the sale. of fireworks within the City limits.
2. Introduce the proposed ordinance allowing the sale of safe and sane
fireworks and providing for the funding of a fire prevention and
public safety education program and adopt the attached resolution establishing
a procedure for processing permits.
Recommendation
Staff recommends that the City Council reject the proposed ordinance (alternative
#1). However, should the City Council choose to permit the sale of fireworks,
it is staff's opinion that the proposed ordinance is structured to reduce
potential hazards.
Prepared By: THOMAS TOLMAN
Fire Chief
JEANNE L. KENNEDY
AdministratvP Assistant
ALICE ZUNIGA
Administrative Intern
TT:JLKtAZ:dvl
Attachments
RESOLUTION N0. 5301(CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ESTABLISHING A PROCEDURE FOR THE
PROCESSING OF PERMITS TO SELL SAFE AND SANE FIRE-
WORKS
WHEREAS, at the meeting of May 8, 1979 .the City Council
introduced an ordinance permitting the sale of safe and sane fireworks
within the City of Santa Monica, and
!•1HEREAS, in the ordinary course of events such an ordinance
would not take effect until June 21, 1979, and
WHEREAS, such ordinance provides that the manner of application
and selection of organizations permitted to sell safe and sane fireworks
be established by resolution,
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION 1. Beginning :at 8:00 a.m. on "lay'll, 197 and endinn
at 5:00 o. m. on Play 1J, 1979, the City Clerk is authorized to accept written
requests fora permit application to sell safe and sane fireworks. Such
requests are to include a statement of non-profit status and of operation
in Santa Monica for the past five years.
SECTION 2. If more than five such requests are made, the City
Clerk is authorized to conduct a random drawing at 9:00 a.m. on May 18, 1979
and to submit a list of the eligible organizations ih the order in which they
were drawn to the Fire Department. The City Clerk shall further notify the first
five organizations of their eligibility to apply to the fire Department for a
permit.
SECTION 3. The Fire Department is authorized to prepare permit
application forms, to receive completed applications and to notify the first
five organizations on the eligibility list who successfully. meet the permit
requirements that a permit will be issued to them on the effective date of the
Ordinance.
SECTION 4. Beninning in 1980, the application process shall be
as follows:
1. Requests for permit applications shall be submitted
to the City Clerk during the month of February.
2. If a drawing is necessary, it shall be conducted by
the City Clerk on March }st or if March lst falls on a weekend
or holiday, such drawinn shall be held on the first work day
thereafter.
3. Permits shall be issued b,y the Fire Department to the first
five eligible organizations upon fulfillment of a17 necessary
conditions.
ADOPTED and APPROVED this 8th day of D4ay 1979.
.MAYO
ATTEST:
.i ~ ~~, _ y
j" ` CI Y CLERK
I hereby certify that the foregoing resolution was duly
adopted by the City Council of"the City of Santa Monica at a reQiilar
meeting thereof, held on the 8th day of May 1479,
by the following vote of the Council:
AYES: Council Member: Jennings, Reed, Yannatta,
van den Steenhoven
NOES: Council Member: Bambrick, Scott
ABSENT: Council Member; Swink
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y ITY CLERK
APPROVED AS TO FORM:
i
ITY ATTORNEY
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Sections:
9.04.010
9.04.020
9.04.030
9.04.040
9.04.050
9.04.060
9.04.070
9.04.080
9.04.090
9.04.100
9.04.110
FIRE CODE
Chapter 9.04
FIRE CODE
9.04.010-9.04.040
Short title.
Adoption of fire code.
Copies on file.
Amendments to county Ordinance No. 2947.
Article 12 of county Ordinance No. 2947 not adopted.
Public display of fireworks-Permit required.
Discharge of fireworks-4th of July.
Duty of parents.
Permit to sell safe and sane fireworks.
Violations-Penalties.
Severability.
9.04.010 Short title. This chapter shall be known as the Fire Code of
the city of La Puente and may be cited as such. (Ord. 245, 1964: Ord. 89,
1958: Ord. 1 § 3110, 1956).
9.04.020 Adoption of fire code. There is adopted by reference, except
as Hereinafter provided, that certain fire code as adopted by Ordinance No.
2947 of the county of Los Angeles and amended by Ordinance No. 9687,
December 20, 1968, entitled "The Fire Code of the county of Los Angeles."
(Ord. 312 § 1, 1969: Ord. 245, 1964: Ord. 89, 1958: Ord. ] § 3110.1,
1956).
9.04.030 Copies on file. Three copies of Ordinance No. 2947 of
the county of Los Angeles, as amended and in effect on December 20,
1968, together with amendments included in Section 9.04.040, have been
deposited in the office of the city clerk and shall be at all times maintained
by said clerk for use and examination of the public. (Ord. 312 § 2, 1969:
Ord. 245, 1964: Ord. 89, 1958: Ord. 1 § 3110.2, 1956).
9.04.040 Amendments to county Ordinance No. 2947. Ordinance No.
2947 of the county, of Los Angeles, adopted in Section 9.04.020 as "The
Fire Code of the city of La Puente", is amended as follows:
(a) Wherever in the county Ordinance No. 2947, reference is made to
the unincorporated area of the county of Los Angeles, such area shall be
deemed to include in its true geographical location the area of the city of La
Puente;
(b) Whenever any of the following names or terms are used in the
county Ordinance No. 2947, each such name or term shall be deemed and
construed to have the meaning ascribed to it in this section as follows:
"Board of supervisors" shall be deemed amended by referring to the city
315 (La Vuente 5-15-70)
I~IhF ('OI)I ').04.t1>0 9.04.U')0
council of the city of La Puente,
"County of Los Angeles" means the city of La Puente, except in such
instances where the county of Los Angeles is a correct notation due to
circumstances,
"County official of the county of Los Angeles" shall be deemed
amended by stating the applicable city official of the city of La Puente.
(Ord. 312 § 3, 1969: Ord. 89, 1958: Ord. I § 3110.3, ] 956).
9.04.050 Article 12 of county Ordinance No. 2947 not adopted.
Notwithstanding any other provision of county Ordinance No. 2947 as
amended, of the county of Los Angeles, Article 12 of said ordinance entitled
"Fireworks" is eliminated from said ordinance and said article is not adopted
by the city of La Puente. (Ord. 312 § 4, 1969: Ord. 89, 1958: Ord. 1 §
3110.4, 1956).
9.04.060 Public display of fireworks -Permit required. Any person,
firm; corporation; association ororganization may obtain a permit for the
public display of fireworks from the city council upon complying with the
provisions of the state Fireworks Law (Chapter 1 of Part 2 of the Health and
Safety Code of the state of California) as amended from time to time. (Ord.
23, 1957: Ord. 1 § 3102, 1956). ',
I
9.04.070 Discharge of fueworks - 4th of July. The public generally
may use and discharge such fireworks as are permitted by the laws of this
state, on the fourth day of July of each and every year in the city, provided
that if said fourth day of July in any year falls on Sunday said fireworks may
be used and discharged as in this section specified, on the fifth day instead of
said fourth day of July. (Ord. 23, ] 957: Ord. 1 § 3103, 1956).
9.04.080 Duty of parents. It is unlawful for any parent, guardian or
other person having the legal care and custody of any child in the city, under
the age of fourteen years, to allow, permit, or suffer such child to light, fire,
discharge, explode or set off any fireworks, or blank cartridges or small arms
or anything containing any proportion of any substance of an explosive
nature. Provided, however, this provision shall not apply to the fourth day of
July of any year (or the fifth day of July of any year as provided in Section
9.04.070). (Ord. 23, 1957: Ord. 1 § 3104, 1956).
9.04.090 Permit to sell safe and sane fireworks. The city. council may
issue a permit pursuant to and upon the requirements as set forth in the state
Fireworks Law, as may be amended from time to time, allowing safe and
sane fireworks, as defined in the state Fireworks Law, to be sold at retail by
the American Legion, La_ Puente Post #75, and the Veterans of Foreign Wars
of the United States, La Puente Post #] 944, or by any
316-318 (t,a r~e~te s-~s-vo>
FIRE CODE 9.04.100-9.04.110
organization whose membership is composed of soldiers and/or sailors
or of ex-sailors and/or ex-soldiers, or its auxiliary or auxiliaries organized
by the Congress of the United States of America, on the 2nd, 3rd and 4th
days of July of each and every year; provided, however, that if said 4th
day of July in any year falls upon Tuesday, then such fireworks may be
permitted to be sold on the 1st day of July in such year; and provided
further, that a written application for permit to sell, cause or permit to
be sold, said fireworks is filed with the Chief of the Fire Department of
said city not less than thirty days in advance of the date or dates upon
which said fireworks are desired to be sold. It shall be the duty of the
Chief of the Fire Department to whom application for permit is made, to
make an investigation-and submit a report of his findings and his rec- ;
ommendations for or against the issuance of the permit together with ',
his reasons therefor, to the City Council. The City Council shall have
power in its direction to grant or deny the permit. (Ord. 1 § 3105, added
by Ord. 23; Februard 4, 1957).
9.04.100 Violations-Penalties. Any person, firm, association or cor- `
poration violating any of the provisions of this chapter or of the Fire
Prevention Code of the City of La Puente hereby adopted; or of the por-
tions of said Ordinance No. 7274 of the County of Los Angeles, California,
adopted hereby; or of any amendment or amendments which may here- ',
after be adopted to said Fire Prevention Code of the City of La Puente
or of this chapter by the City Council, shall be guilty of a misdemeanor ',
and upon conviction of any such violation such person, firm, association
or corporation shall be punishable by a fine of not more than five hundred ',
dollars, or by imprisonment in the City Jail of the City of La Puente, ',
California, or in the County Jail of Los Angeles County, California, as
the committing magistrate may direct, for a period of not more than six
months, or by both such fine and imprisonment in the discretion of the ',
court.
Any such person, firm, association or corporation shall be deemed
guilty of a separate offense for each and every day during which, or during
any portion of which, such violation continues and shall be punishable
therefor as herein provided. (Ord. 1 § 3110.5 added by Ord. 89; June 4,
1958).
9.04.110 Severability. If any section, subsection, sentence, clause,
phrase or portion of this chapter, including but not limited to any exemp-
tion, is for any reason held to be invalid or unconstitutional by the decision
of any Court of competent jux•isdiction, such decision shall not affect the
validity of the remaining portions of this chapter. The Council of the City
of La Puente hereby declares that it would have adopted this chapter and
each section, subsection, sentence, clause, phrase, or portion thereof, irre-
spective of the fact that any one or more sections, subsections, sentences,
319 (La Puente 3/15/65)
FIRE CODE 9.09-.170
clauses, phrases or portions be declared invalid or unconstitutional. (Ord.
1 § 3110.6, added by Ord. 89; 3une 4, 1958 and amended by Ord. 245;
August 11,1964).
319-1 cna Pueale 3(15/65)
WESfi COVINA MUNICIPAL CODE
CHAPTER 3 - REGULATION OF PARTICULAR BUSINESSES
PART 1 - FIREWORKS
6310, SELLING FIREWORKS IN THE CITY.
No person shall sell or cause or permit to be sold fire-
works of any kind within the City, except that the City Council,
after receiving a report thereon from the Fire Chief, may permit
such fireworks to be sold by any organization whose membership is
composed entirely of veterans of the armed forces of the United
States of America or Cah~da, which said organization maintains a
meeting place,°in the City, in a properly zoned area and not a home,
garage, or other residential property, and which has held meetings
at least monthly during the preceding year period, Permits shall
be limited to a total of three places of sale per organization.
(Ordinance 699 - 4/24/61;
6311. APPLICATION FOR PERMIT TO SELL FIREWORKS,
Permission may be granted by the City Council for the
sale of fireworks within the City upon the 1st, 2nd, 3rd and 4th
days of July of each year, provided that a written application for
permit to sell said fireworks is filed with the Chief of the Fire
Department of the City not less than thirty days in advance of the
date or dates upon which paid fireworks are desired to be sold.
Should the 4th of July fall on Sunday, the sale of fireworks on
the 5th of July is permissible. (Ordinance 699 _ 4j24/61)
6312. FIREWORKS STANDS.
Stands may be erected ten days prior to the start of
sale and must be removed; and the debris removed, no later than
ten days after the last day of sale. A fee of $25.00 shall be
posted for each stand with the City Clerk at the time of issuance
of the permi.te This fee will be returned if the debris and stand
described above are removed within the stated time, otherwise the
fee will be used to defray the cost of cleaning up the area and
will not be returned. Violation of the dates of sale will mean
immediate cancellation of the permit and forfeiture of the bond
(Ordinance 699 - 4/24,61)
6313. INVESTIGATION OF AFPLICANT.
It shall be the duty of the Chief of the Fire Depart-
ment to whom application for permit is made, to make an investiga-
tion and submit a report of his fihdings and his recommendations
for or against the issuance of the permit together with his
reasons therefor, to the City Council. The City Council shall have
power in its discretion to grant or deny the permit, If the permit
is granted, the applicant shall furnish the City with a Certifi-
cate of Insurance in adequate amount which shall also contain a
clause holding the City harrrxless from any damage or injury result-
ing from granting the permits (Ordinance 699 - 4/24/61)
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COVINA MUNICIPAL CODE
4120. USE AND SALE OF FIREWORKS.
No person, except as hereinafter specified, shall light,
fire, discharge, explode or set off any fireworks or blank cart-
ridges or small fire arms or anything containing any proportion of
any substance of an explosive nature, within the corporate limits
of the. City.
r
4121. PUBLIC DISPLAYS. PERMIT REQUIRED.
The City Council may permit any person to make a public
display of fireworks, and for that purpose to use and discharge
fireworks at such times and such places in the City, as said Ci$y
Council may fix and establish, provided that a written application
for a permit so to do is filed with the Chief of the Fire De t-
par
meet of said City at least fifteen days in advance of the date of
said display. It shall be the duty of the Chief of the Fire De-
partment to whom the application for permit is made, to make an in-
vestigation_and submit a report of his findings and his recommen-
dations for or against the issuance of the permit together with
his reasons therefor, to said City Council. The City Council
shall have. power in its discretion to grant or deny the permit. Pf
the permit is granted, the applicant shall furnish the City with a
Certificate of Insurance in adequate amount which shall also contain
a clause holding the City harmless from any damage or injury result-
ing from granting the permit. (Ordinance 699 - 4/24/61)
4122. PUBLIC USE ON FOURTH DAY OF JULY,
The public generally may use and discharge such .fireworks
as are permitted by the la~~rs of this State,. on the 4th day of July
of each and every year in the City, provided that if said 4th day
of July in any year falls on .Sunday said fireworks may ,be used aqd
discharged as in this Section specified, on the 5th day of'July in-
stead of said 4th day of July.
11/61
WEST COVINA MUNICIPAL CODE __~~~
4123. PARENT OR GUARDIAN RESPONSIBILITY FOR CHILDREN UNDER
FOURTEEN.
It shall be unlawful for any parent, guardian, or other
person having the legal care and custody of any child in the City,
under the age of fourteen years; to allow; permit, or suffer such
child to light, fire, discharge, explode or set off any fireworks,
or blank cartridges or small arms or anything containing .any pro-
portion of any substance of an explosive nature. Provided, how-
ever, this provision shall not apply to said 4th day of July of
any year (or the. 5th day of July of any year as provided in Sec-
tion 4122).
4124. IMMORAL ACTS IN PUBLIC LODGINGS UNLAWFULe
No person conducting any motel, lodging house, trailer
court, or hotel in the City, and no person in actual charge, manage-
ment or control of any motel, lodging house, trailer court, or hotel
therein, shall suffer or permit any portion .thereof to be used as a
house of ill fame or place of assignation for the purpose of prosti-
tution, fornication or lewdness, or suffer or permit any lascivious
cohabitation, adultery, fornication or other immoral practice to be
carried on therein, or suffer any person to make engagements for
immoral purposes therefrom, or suffer or .permit any lewd or immoral
or degenerate person to occupy any portion thereof, or direct per-
sons thereto or elsewhere for immoral purposes, And it shall be
lawful and competent for the City to introduce in the trial of any
person charged with violation of this Chapter, testimony as to the
general character and reputation of said place or of persons who
occupy rooms in or frequent said place. (Ordinance 730 - 1/8/62)
4125. REGISTRATION REQUTRED AT PUBLIC LODGINGS.
Every person conducting any motel, lodging house,. trailer
court, or hotel in the City shall at all times keep and maintain
therein a register, in which shall be inscribed with ink or indel-
ible pencil, the name and home street and town address of each and
every guest or person renting or occupying a room or rooms therein.
Such register shall be signed by the person .renting or occupying a
room or rooms, and the proprietor of such motel, lodging house,
trailer court, or hotel or his or her agents shall thereupon write
opposite such name or names so registered the number of each room
assigned to or occupied by each such guest, together with .the time
when such room is rented; and until all of the aforesaid entries
shall have been made in such register, no such guest shall be
suffered or permitted to occupy privately any room in such house.
When the occupant or occupants of each .room so rented shall quit
and surrender the same, it shall be the further duty of the pro-
prietor or his or her agent to enter the time thereof in such regis-
ter opposite the name of such occupant or occupants. (Ordinance 730 -
1/8!62)
2;' 62