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HomeMy WebLinkAboutOrdinances - No. 1759O~~INA~C~ NO. 1759 G~THER WITH THOSE ................................................................... ................................................................... I CITY ~OUNCI~ ections 15.20.010 ~hrough 15.20.370 inelusive of the Code of the City of ed and repl~~ed by new sections 15.20.010 through ~~.20.460 inclusi 2.010 as hereina~er set forth. There is hereby the Code of the City ections 15.20.01 0 through 15.20.460 There is her~by adopted &orre&tion of errors and incon~istencies within .40.020; 15.40.1 00; 15.40.1 10 of the Code of the City of Lodi to read in full as follo~s: nf nt 1 ilding Standards con~ained in the by the We§tern Fire Chiefs ommission with errata, together Edition, including Appendixe§, Edition, as a~ended by the Uniform Fire by the Western Fire Chiefs Association, not included in the State andards Code, as modified and amended by this chap~er thereto, are the fire prevention code of the City. The fire prevention code of the city shall apply in all ma~ers pe~aining to storage, handling and use of hazardous substances, materials and devices; and to condition^ ha~ardous to life and prope~~ in the use or pre~ises within the City. urea~ of Fire Preventton is established in the fire depa~ment of the eiated under the supervision of the Fire Chief. The all enfo~ce and is a~thorized to issue such orders or sary for the enforcem~nt of the California Fire Code, Nattonal Fire Codes and where necessary and appropiiate, any fire or life safety sections of the Cal~~ornia Heatth and ~afety code^ California Penal Code, and all other city, county or state fire or life safety related laws or codes not sp~ifically covered in any part of this code. 3 1 word ~~urisdic~ion~ IS used in the Catifornia Fire Code it ection 101.10 of the California Fi 5.2~.010 is amended to read as fol e City may establish fe The sche~ule of fees ished and ~dopted from time to time by resolution of the city council. dition adopted by sufficient to recover its costs in administering all be those recommeflded by the Fire Chief Fire Code, 2001 dition adopted by The Fire Chief may req~i~e the owner or the person in possession or to provide, without charge to the fire ntract in spec to^), when the department has uired inspections. person who shall demonstrate ion of the Fire Chief, for inspecf~on of a pa~icular type of construction, operation, fire e~inguishing or detection system or ct inspector shall include but not uties and responsib be limited to the following: 1. 2. 3. 1 The Contract lnsp ctor shall obse~e the work assigfled for con~ormance with the approved desi n drawing and speci~ic~tio~s. tor shall furnish inspection reports to the Fire at and other desi~nated persons as required All discrepancies shall be brought to the ~mmediate a~entiofl of the contractor for correction, then if ~ncorrected, la the proper design authority, Fire Chief, and to the spector shall submit a final signed report stating k requiriflg inspection was, to the best of hidher conf~r~ance with th app~oved plans and d the applicable wor~manship provision of this tion 103.1.4 of the Cal 20.0~ 0 is amended to re nia Fire Code, 2001 ~dition adopted by 4 The Fire Chief is responsible for administering, collecting, credi~ing, funding all fees imposed under this chapter. A decision by the rding a fee imposed under this chapter is appealable in this section. A person seeking judicial review shall first appeal under this section, rson appealing a decision under this chapter shall file a request with the Fire Chief who is responsible for processing the appeal. The appeal shall be in writing, stating the factual and legal grounds, and shall be filed within ten calendar days following the decision of the Fire Chief being appealed. The Fire Chief shall nQtify the City Manager of the appeal. The City Manager shall set the matter for hearing before the City Council and notify the person appe~ling in writin of the time and place. and a w~i~~n decisi5n on the matter, and shall eserve the complete administrative record of the p~oceedin~. The council s I1 consider all relevant evidence presented by the appellant, the Fire Chief or ot r interested party. The decision oft is final; it is reviewable by a court under Code of Civil Procedure The city adopts the Code of Civil Procedures, Section 1094.5, for the purposes of judicial review under this section. A petition seeking review decision under this chapter shall be filed not later than the ninetieth day folio the date on which the decision of the City Council becomes final. City Council shall conduct the hearing, prepare wri~en findin ali~Qrnia Fire Code, 2001 Edition adopted by prehension^ detention and prosecution of those persons found to of the arson, explosive and fire insurance fraud sections of the rn members a ' to the Fire PreventiQn 5ur~au or Fire nit are hereby d as Arson Investigators and as such shall rovisions of the ~atifornia Penal Code as it ~e~ains to arson. 1 n. 103.4.4 of the ~alifornia Fire Code, 2001 10 is amended to read as foliQws: dition adopted by 5 No person, whether as owner, lessee, sub-lessee or occupant, shall use, r vehicle or cause or permit the ny of the provisions of this fire or authori~ed repre ions of this section Edition adopted by If any person fails to comply with the orders of the Fire Chief, or if the Fire Chief is unable to locate the owner, operator, occupant or other person within a reasonable time, the Fire Chief or his or her authoriz~d may take such steps as are ne~essa~ to ab te the hazard for the protection of the public health and safety. In no event is n ce neces~ary before abatement, when the hazard is a clear and present danger to the public welfare. All costs related to such abatement shall become a lien or special assessmeflt on the su~ject prope~. Fire Code, 2001 ditian adopted by Purs~ant to the s prose~utorial discretion, the City may enforce manner au~ho~ized by this section ut not limited to issuance of criminal citatiofls, to other appropria~e agencies, rnia Fire Code, 2001 Edi~ion adopted by of the provisions of this code, any of the of the City ana age^ or his or her duly s or any provisio~ of any permit issued a misdeffleanor. Each and every day, or ny such violation is ~ommitted, contiflued or rnia Fire Code, 2001 Edition adopted by 6 very violation of this code shall be a misdemeanor; provided, however, e the City Alto or her duly authorized agents has determined that such action would est interest of justice, the City A~orney may specify in the accusatory pi g, citation or amendment thereto that the violatiQn shall be p~osec~ted as an infra~ion. 1 ection 103.4.8.3 of the California Fire Code, 2001 Edition Section 15.20.010 is add d to read as follows: and every vioiat~on of this code that IS deemed an infra~ion is 1) A fine not exce ding one hundred dollars ($100.00) for the first violation; fine not exceeding two hundred dollars ($200.00) for the second olation of the same or similar provision within a one-year period, or, 3) A fine not exceedin five hundred dollars ($500.00) for each additional violation^ after the second, of the same or similar provision of this chapter within a one-year period of the first violation. punish dition adopted by Each and every violation of this code that is deemed a misdemeanor is pun~shable as specified in Section 1.08.010 of the Lodi Municipai Code. 1 uth n 103.4.8.5 of the ~alifornia Fire Code, 2001 Edition adopted by .010 is added to read as follows: Peace officers and persons employed in such positions are authorized to exercise the au~hority provided in California Penal Code Section 835.5 and are to issue citatio for violation of this code. Th ~ositions may for~e the provi~ions of this citations. The designated 8m~lo~~~ positions are: the City Ma duly authori~ed employee posi~ions, the Fire Chief, the Fire lnspec~or. or his or her aiifornia Fire Code, 2001 ~dition adopted by rson who inten ently violates any r or his or her duly s, or any provision of a permit issued le to the City in the sum of not less than dollars ($lOQ.0~) but not to exceed one thousand dollars r day for each day in which such violation occurs or continues. or superior court to impose, assess, and ~rovided in this section excludes inspection nd abatement costs, is cumulative and not exclusive, and shall be in all other remedies available to the City under state and federal law The City may petition the muni recover such sums. The civil pe S~ct~on 104.4 of the California Fire Code, 2001 ~dition adopted by Section 15.2~.010 is add d to read as follows: The purpose of this section is to establis~ authority to o from respons r enforcemen ividuals for the expenses of any emergency by the Lodi Fire Department to protect the criminal or negligent activities, and from fire or haza~dous rdance with the ~eaith and Safety Code Section 13Q0Q et seq., an acts negligently or in violation of the law and thereby requ~res the rovide an emergency response to a danger posed by a fire or ha~ardous su~stance shall be liable for reimbursement to the City for the costs incurred. In ~ccordance with ions 53150 through 53158, any individual who is under ic beverage or any drug or the co d influence of an a1 or any drug, and whose negligent operation of a motor veh I or civil aircraft caused by that influence proximat~ly c~ffses any inc~de~~ and thereby requires the City to provide an e~ergency ~esponse shall reimburse the City for the cost incurred. 1 n Se6tion 105.2. of the California Fire Code, 2001 Edition adopted by gulate shall be pe~ormed within the time r plan submiffal, except when no time limit d for 180 days, unless for good cause the n e~ens~on. Activity othe~ise required be pe~ormed in accordance with the permit 8 1 4 of the California Fire Code, 2001 Edition adopted by dded to read as follows: The fee for each permit shall be as set forth from time to time by City may estabiish fees sufficient to recover er. No permit shall be issued until such fees citations may be issued to persons violating resolution of the City ~ouncil its costs in administer in^ this have been paid, and adminis this code by the persons allowed to issue citations by ection 15.20.1 SO. Caiifornia Fire Code, 2001 ~di~ion adop~ed by hene ever any con ion or installation work is being pe~ormed in ion appro~ed by the Fire Chief or his or her issued to the responsible party to stop work on violation. The notice shall state the nature of violation of any plan or s designee, a written notice that po~ion of the work w been corrected and has been approved by the Fire Department. 1 tion and that no work shall be done on that portion until the violation h tion re lion 105.4. of the Californ~~ Fire Code, 2001 Edition adopted by 20.010 is amended to read as follows: efore a permit is issued, the Fire Chief or his or her designee shall s, buildings, devices, premises, stances where laws or regulations e Fire Department, joint approval r other areas to m all de~~~ments concern~d. No final inspection under this code, as to all or any portion of the dev~lopmen~, shall be deemed completed and no certificate of occupancy shall be issued unless and until the r~quirements imposed by this code have been nd the final app Fire ~epartmeRt, has been given as provided herein and all in 1 nsi 1. ection ~0~.7(7) of the California Fire Code, 2001 Edition adopted by .20.010 is added to 9 wer to revoke, suspend, or deny he pravisian of the Code for any hen deemed necessa~ for the pratection of life, limb, or (b) For the violation of any provisions of this code; of pancy, equipment, ma~erial§, processes, or a manner as to create a ~reater danger of fire ro~ection than was present at the time of the rnia Fire Code, 2001 Edition adopted by c.10 Christmas Tree Lots. To operate a Christmas Tree Lot Add # h.4 ti unted Houses. To operate a tempora~ or ~ermaneni haun~~ ho Add#s.2 Sp vents. To ond duct a spe~ial event which is o~inion of the Fire Chief or his or her designee not at~e~ise listed and poses a fire or life safety con~ern to the public. or ornia Fire Code, 2001 Edition adopted by ding Official, Fire Chief a Fire Marshal shall act as a termine and specify after giv affe~ed persons an oppo~unity new mate~als, processes or occupancies, which shall require on to those now enumerated in the Code. The Fire Marshal lace in his or her office and distribute ntifi n Section 981.4.4 of the ~alifornia Fire Code, 2001 dition adopted by Section 15.20.01 0 is amended to read as follaws: 10 or addresses shall be placed on all new and existing as to be plainly visible and legible from the street or aid numbers shall contrast with their background. roved minimum size dimensions of the numbers shall be as lding is sat back from the street or road fronting the property es may not be clearly identifiable due to distance from the street or roadway, pe and archi~ectural appendages~ or other obstru~~~ons, address shall be required both at the street driveway and on the building. uilding address measu~ed from back of walk. ize Weight 3 inches 5 inches 9 inches 1 n~ific eciion 901.4.4.1 of the California Fire Code, 2001 dition adopted by b~ilding which affords vehic~lar access to the y or parking lot, shall also display approved on the rear of the bu~lding for such business or Section 15~~0.010 is added to read as follows: d by the Fire Chief. n 901.4.4.2 of the Califo~nia Fire Code, 2001 Edition adopted by .010 is added to read as follows: roved diagram of the premi$~$ which cle rly indicate$ all re$s~s of each unit in the complex shall b erected at the ways to every mul~iple dwelling complex having more than one premises or when required by the Fire Chief. Seciion In addi~ion, the Fire Chief may require that individual buiidings on the premis~s be identified in an app~av~d manner. 11 1 ion 901.4.4.2 of the California Fire Code, 2001 Edition adopted by 0.010 is added to read as follows: An approved iden~ificatfon of multiple buildings wi~hin an industrial complex shall be required which clearly indicates each individual building in the complex. identi~ication shall placed on each building in a size and location when r~qui~ed by the Fire ief and be visible for responding emergency personnel. Approval of the Fire Chief shall be met. alifornia Fire Code, 2001 dilion adopted by Fire Apparatus access roads shall have an unobstructed width of not less than 24 feet and an unobs~ructed ve~ical clearance of not less than 13 feet 6 inches. ical ciea~ances or widths shall be increased when, in the opi rtical clearances or widths are not adequate to provide fire ap access. 1 on 902.2~2.2 of the ia Fire code, 2001 ~dition adopted by hall be designed and maintained to support and shall provide a permanent su~ace of asphal~ or concrete ~ns~~lled the full width of all streets, cul-de-sacs and fire lanes. .010 is amended to fo~lows: pparatus access loads of fire app vic a Fire Code, 2001 Edition adopted by , other str~ctures or devices which could obstruct fire access otherwise hinder emergency operations are prohib~ted unless they ds approved by the Fire Chief or designee and receive specific plan approval. 12 All automatic gates across fire access road approved emergency ke~operated switches overr and opening the gates. shall be equipped with all command functions utomatic gates shall be equipped with a Knox box key switch, which the gate wh~~ op rated by the Knox key. Key opera~ed §witches d with a sub m~ster Knox key to facilitate access by law a ba~ery back-up or manual mec~anical ency personnel in case of power ‘failure. pa~ment policies deemed necessa~ by or designee for rapid, reliable access. Section 15.20.01 0 is amended to read as follows: hen a business which handles hazardous materials is required to azardous Material§ ~ana~ement Plan ~HM~P~, the Chief may stallation of a secu~ed box at the primary facility entrance or fire as required by the Fire Chief containing a copy of the Hazardous aterials ~anagement Plan. This box shall be water of and capable of holdin er charact~ristics of th the document in a rolled ~ndition without folding. box shall be approved by the chief. acutely hazardous material as defined in afety Code shall install a ~azardous ater rial e with this section. ire Code, 2001 Edition adopted by In addition to the requirements specified in Section 1003, an automatic sprinkler §ystem shall be installed throughou~ and maint~ined in an operable condition regardless of the ~Rstallat~on of area sepa~~tjon walls in the fallowing building: which the total floor ed of three or more stories ding hereaf~er in which the square footage existing tember 1, 1997 is incfeased by 50% and the total xceeds 6000 square feet. r alter the intent of the Uniform resistive substitution. 13 xception: -3 occupancies. y the Fire Chief, build ,000 square feet by a ivided into areas paration wails of r fire resistive con$truction provided that: a. The location of the firewall is clearly marked and identified on the exterior of the building in a manor approved by the fire chief. b. The firewail is identified in the interior of the building in a manor approved by the Fire Chief. The use of this ~xception may be denied or revoked by the Fire Chief for due cause. For the purposes of a separated by one or more a separated ~~ilding. 1 nl this section, each pottion of a building aration walls shall not be considered a - ection 1003.5 of the California Fire Code, 2001 Edition adopted by Section 15.~0.~~ 0 is added to read as follows: Fire Control Room. An ~pproved fire control room s I/ be provided for all buildings protect@ by an automatic fire extinguishing sys~em. id room shall contain all sy$tem control alves, fire alarm control panels and other fir uipment re~uired by the Fire Chief. Fire control rooms shall be located within the build approved by the Fire Chief, and shall be provided with a means to dtrec~ly from the e~erior. nage shall be provided on the exterior side of the access door to identify the fi 15. ce tion ction lOO~"3.4.2 of the California Fire Code, 2001 Edition adopted by Section is amended to read as ~ollows: de a se~Ja~ly numb~fed cettificate from an approved ratory for all ~equired fire alarm systems indicating that in accordance with th approved plans and specifications ion Association tandards. ~etti~ication shall be requir~d for all new systems to be installed after July 1, 2003. All existing systems must obtain cettification in a timely manner, as approved by the Fire Chief. A copy of the cettification must be provided to the Fire Chief at no cost. 14 rnia Fire Code, 2001 edition adopted by fire within the limits of the hibit those fires that are a. The preven~ion of a fire hazard that cannot be evaded by any other means. b. The instruction of public employees in the methods of figh~ing fire. c. The instruction of employees in the methods of fighting fire, when such fire is set, pursuan~ to permit, on prope~ used for industrial purposes. d. The se~ing of backfires necessa~ to save life or valuable property ursuant to section 4462 of the ublic ~esource Code. e. The abatement of fire hazards pursuant to Section 13055 of the f. Disease or pest p~~vention, where there is an immediate need for and no reasonable alternative to burning. e construed as prohibiting open outdoor human consumption where such use is lace or barbecue pit, or for recreational ire Chief, provided that the combus~ible is S. 1102.~.9 of the California Fire Code, 2001 dition adopted by s follows: No unsafe or uncon~roiled fire shall be permitte~ to burn on any constr~c~ion site for any pu me. This section is not to prohibit the use of devices or tools producing flame when used in an approved manner and ne~~ssa~ for the construction of the building. 1 I fir n 1102.4.5 of the California Fire Code, 2001 Edition adopted by .010 is amended to read as follows: 15 The Fire Chief is authorized to require that ~ecreational fires be rmined by the Fire Chief to emissions are offensive to 01 Edition adopted by Sect~on All buildings providing elec~rical service through more than one (1) service meter or th~ough multiple service connections, shall have each main elect~ical disconnect identified in a manner approved by the Fire Chief indicating areas or units served. s constructed after July 1, 2005, shall have main electrical shut the exterio~ of the structure. This may be accompl~~hed by f on the building exterior, an electrical room with a door leading directly to the exterior or a r~mote electrical (shunt) switch on the building e xt e r i o r . 15. is fit n 1115 of the California Fire Code, 2001 Edition adopted by ,010 is added to read as follows: iding natural gas service through more than one (1) multiple service connections shall have individual gas anner approved by the Fire Chief indicating areas or service meter or thro shutoffs identified in units served. 1 mkin ection 3010 of the ~alifornia Fire Code, 2001 Edition adopted by Section 15.20.01 0 is added to read as follows: A per mi^ shall be required to store pallets, palletized packing boxes or bin boxes in excess of 3~,0~0 board fe , in accordance with th allets, palleti~ed packing box s and bin boxes shall be piled with due regard to $tabili~y of piles and in no case h her than 12 feet. Where pallets are piled next to a property line, the distance from th property line shall not be less than one half the pile d in no case less than 5 feet from the property line. in boxes may be stacked to a maximum height of 20 feet riveways between and around pallets, bin boxes and palle~i~ed packing boxes shall be a minimum of 15 feet wide nd maintained free from accumulation$ of rubbish, weeds, machine^ or other a~icles that would block access or add to the fire hazard. Driveways shall be spaced so a maximum grid of storage is no more than 50 feet by 50 feel. 16 Ilets, palleti~ed packing boxes, and bin boxes, operating under a d by a s~ita~le f~nce of at least 6 feet in hejgh~, unless sto building. flow with An approved water supply fire hydrant^ capable of supplying the r~uired fire t of all po~ion§ of the §torage areas in For pe~mi~ing pur~oses, one pallet will be calculated as having 25 board feet. ing boxes and bin boxes will be the California Fire Code, 1~.20.010 in which the s~orage of explosives t in areas zoned M-2 as 001 Edition adopted by The manufactu~e of ~i~eworks within the limits of the City of Lodi is ifornia Fire Code e storage of Class I and tanks outside of buildings is prohibited in the -M, M-7 and M-2 as such zones are defined in In accordance with ~@al~h and ~afe~y Code S@ction 17~~8.5, the strictive than the requirements contain ifornia Building S~andard Code, are (A) limatic (1 ) ~ond~ions Pr@cipitati~n a as 35 inches s 18 inches per year, and can reach as high r. Vi~uaily all of the rain occurs during the 17 months of Oc~ober through April. The remaining months receive little or no rain. ~emperatures during the summer months can of Lodi averages 19 days over 100 ity during these summer months is very s of dense fog per year, and has had as The generally dry, hot summer months create extreme fire c~nditions. Adding to this situation is the dryness and combustibility of many structur during the summer, especially true of structures with wood si and roofs constructed of wood shakes and shingles. e cyclical unce~ainty that allow weather events can cause rap mel~ing of the snow pack wh flood ~otential in are surrounding the Mokelumne foggy conditions can inhibit the dispatch and timeliness of emergency equipment reaching the site of a fire. During foggy periods it is common place for visi~ility to be near zero, which results in emergency e~uipmen~ having to decrease their speed to less than 25 miles per hour. (8) eographic (1) Conditions odi is subject to ground tremors from seismic events n seismic Zone 3. The Mokelumne River, which ern city limits, is subjected to flood potential and its levies are subject to failure from seismic activity or high water. in San Joaquin County in general, and the , have the potential of restricting access lo remote or isolated areas. A moderate periods or rain can impact local access Topo~raphtc (1 f ions of the valley floor e. Low land areas Pacific ~ailroa Lodi as well as (2) Impacts ntly subject to both general and localized a is so flat and low, it is not unusual for 18 e systems to be ~nadequate during heavy rain cond~ion can isolate areas where roads are flooded and thereby block ess. With the SHA 7wo-in ~o-ou~” rule requiring two fire fighters ready to make attack only when two others are present, the potential delay in east-west response iR~reases the risk to firefighter and the public. While it IS clearly ~nderstood that the adoption of such amendments may not prevent the incidence of fife, the implemen~ation of these various amendments to the code attempt to reduce the severity and potential loss of life, prope~ and protection of the environment. in such a manner that all n will be in excess of the orking distance from an adequate water supply for fire protection der this chapter, the fire s~allation of such on-site to provide an adequate water supply on the land to be developed. The installation shall be at the expen~e of the own~r or developer. es required to be installed under this chapter shall be by and meet the specifications of the fire chief as to location, size and . Consttuction shall be carried out under the inspec~ion of the depa~ment of public works. All ~nspection costs shall be paid by the owner or developer, building code. 1 type of materials nd manne~ of inst . This section shall not apply to ”U” occupancies as classified by the ~h~n~ver any on-site fre ~~o~ection facilities or a~essways have been installed, as provid~d in this ch r, either pur~u~nt to this chapter or prior to the effective date of the ordinance codified in this chapter, the following provisions A. Hydrants. With t to hydrants located along priva~e accessways I1 be painted red or oth~~ise appropriately other person in charge of the premises to of ~i~e~n feet in either direc~ion from any such e curbs do not exist, there shall be appropriate ns erected, or both, giving notice that prohibit p~rking for a dis In such cases s painted an the 19 hibited for a dis ifteen feet away from any hydran~. When rovided in this subsection, no person shall fifteen feet of any such fire hydrant. . Accessway Obstr~~ction. No owner or lessee of the land or proprietor, offi~er, director, man~g~r or agent of any business or other activity carried on upon the land shall, after receiving notice thereof, permit or otherwise allow, and no person shall cause any ac~ivity, practice or condition to occur or exist or continue to exist upon the land which shall lessen, obstruct or impair the access required to be maintained under Section 15.40.070 Pafking Prohibitions. !I in the judgment of the Fire Chief it is prohibit vehicular parking along private accessways in order to keep d unobs~ruc~ed, he may require the owner, lessee or other person the premises to paint the curbs red andlor paint the edge of the to a width of four inches, upon which is closely marked the words “Fire Lane” in white letters four inches in height and have a three-fou~hs-inch stroke, at in~e~als of not Jess than fifty feet. At the ~roperty owner’s expense, the Fire Chief shall direct the owner, lessee or other person in cha at the e~remlties . Lodi City Code Section 15.40.1 00c; CVC Section 22500(1), Lodi Police Depa~ment, 333-6727.” Thereafte~, it is unla~ul for such owner, lessee or other person in charge to fail to install and maintain in good condition the form of notice so prescribed. When such areas are marked an signed as provided in this subsection, no person shall park or leave standin a vehicle adjacent to any such sign and shall be subject to being towed or removed at the direc~ion of a peace officer. AT ANY TIME - All required signs shall be twenty-four inches vertically by eighteen inches horizontally. The minimum size lettering on the sign shall be as follows: Sign Le~erin~ Minimum Height (inches) FIRE LAN 2 Lodi Cky ode 15.40.1 00 I 1 20 1 The sign face shall be while in color. All le~tering or printing shall be red in color, and all two-~nch letters shall have a minimum one-fou~h-inch stroke, and all one~inch letlers shall have a minimum three-sixteenths-inch stroke. . Prosecutions. Chapter 1.08 of this code applies to prosecu~ions under ite fire protection es, whether installed before or after the ltered or repaired eration or repairs in this chapter, may b n consent of the Fire Chief; provided, that suc shall be carried out in conform^^ of Section 15.40.0~Q. A. Any person who ny of the following ~ithout first ob~aining a special pe~mit there fore^ in from the chief of police which permit shall designa~e the time and pl such firing or dischargin , is guilty of a misd~meanor: 1. Fires or discharges any pistol, gun, rille, firearm, cannon anvil loaded with powder, bow, airgun or sling, or other dangerous missile is projected, within the City. . Any person who does any of the fo~lowing without first o~tain~ng a special pe~mit therefore, in writing, from the Fire Chief which permit shall designa~e the time and place of such firing or discharging, is guilty of a misdeme~nor: 1. Possesses, disch or ex~lodes any firecrackers, firerockets, roman candles, chase~s or 0th 2. Makes any bonfire of any nature or kind, or who makes any bonfi~e or burns any hay, straw, rubbish, shavings of other combustible materials within the city limits at night. . The provisions of this sectian do not prohibi~ any person from shooting des~ructiv~ anim~ls within or upon his own enclosur~, nor prohibit the t and maintenance of shooting galleries, in accordance with the works of any nature or kind: or . All ordinances and paris of ord~nances in conflict herewith are repealed uty of Care. This ordinance IS not intended to and shall ect in a manner which imposes upon the City, or any officer atory duty of care toward persons or property within the City provide a basis of civil liabi~ity for damages, except otherwise imposed by law. 21 . ~evefability. If any provision of this ordinance or the application thereof to or ci~cumstances is invalid, such invalidity shall not affect other r applications of the o ce which can be given effect without the invalid application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the ~nvaijdity of any pa~icular po~i~n ther@of. This ordinance shall be published one time in "Lodi News ewspaper of ~eneral cifculat~on printed and published in the City of I be in force and take effect thirty days after its passage. Approved this 20th day of April, 2005 V Attest: City Clerk of the City of Lodi, do hereby certify that at a r~gular meeting of the City Council of ~ and was thereaffer passed, ~dopt@d and of said Co~ncil held April 20, 2005, by the S - ans sen, Hitchcock, Johnson, and Mounce I fur the^ ce~ify that on the date of its pa ned by the ~ayor City Clerk 22