HomeMy WebLinkAbout50A -ORD AMEND CH 14 FIREWORKSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
MAY 5, 2008
TITLE: APPROVED
ORDINANCE AMENDING CHAPTER ^ As Recommended
14 OF THE MUNICIPAL CODE ^ As Amended
REGULATING HOURS OF SALE OF ^ Ordinance on 15` Reading
^ Ordinance on 2"d Reading
FIREWORKS ^ Implementing Resolution
^ Set Public Hearing For_
i CONTINUED TO
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CITY MANAGER
RECOMMENDED ACTION
Adopt an ordinance amending Chapter 14 of the Santa Ana Municipal
Code regulating to hours of sale of fireworks.
DISCUSSION
The City of Santa Ana permits nonprofits to conduct sales of safe
and sane fireworks as a means of fundraising over the 4th of July
holiday season. Legal safe and sane fireworks are those that can
only spark, whistle, and smoke. The Santa Ana Municipal Code
regulating the days and hours fireworks may be sold in the City is
found in Chapter 14, Article II, Section 14-55, and was last
amended by Ordinance No. NS-2469, adopted May 21, 2001.
Currently, the sale of safe and sane fireworks may begin at noon
on July 1st and 10:00 a.m. on July 2nd, 3rd, and 4tn
The Public Safety Committee is recommending the hours for July
2nd, 3rd, and 4th be changed to 9:00 a.m. without changing the close
time for any of the dates. The non-profit organizations requested
the change in hours to assist in offsetting their increased costs,
which allows for an additional hour of sales on July 2nd, 3rd, and
4th. It is recommended that the City Council adopt an ordinance
amending Chapter 14 to allow for the time change.
FISCAL IMPACT
There is no fiscal impact associated with this action.
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Marc Martin ~ -
Fire Chief
Santa Ana Fire Department
50A-1
PJC/4-23-08
ORDINANCE NO. NS-
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING SECTION 14-55
OF THE SANTA ANA MUNICIPAL CODE RELATING
TO HOURS OF SALE OF SAFE AND SANE
FIREWORKS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Currently, Section 14-55 of the Santa Ana Municipal Code sets
forth the hours of sale for the safe and sane fireworks by permitted
sellers.
1. It is appropriate to revise the section to allow permitted
sellers to open their fireworks stands one hour earlier on July
2nd, 3rd and 4t".
B. All provisions of the Santa Ana Municipal Code which are repeated
herein are repeated solely in order to comply with the provisions of
section 418 of the Charter of the City of Santa Ana. Any such
restatement of existing provisions of the Code is not intended, nor
shall it be interpreted, as constituting a new action or decision of
the City Council, but rather such provisions are repeated for
tracking purposes only in conformance with the Charter.
Section 2. Section 14-55 of the Santa Ana Municipal Code is hereby
amended to give authority to animal control officers to issue administrative citations, such
that it reads as follows (new language in bold, deleted language in strikeout):
Sec. 14-55. Permit for sale of safe and sane fireworks; hours of
sale.
No person shall display, sell, or engage in the business of selling
safe and sane fireworks without first having obtained a permit to do so as
hereinafter provided. No person shall sell any type of fireworks at any
Ordinance No. NS-xxxx
Page 1 of 3
50A-2
time except from 12:00 noon through
a.m. through 10 p.m. on July 2"d and
p.m. on July 4th of any year.
10:00 p.m. on July 1St; from 9:00
3~d; and from 9:00 a.m. through 8:00
Section 3. If any section, subsection, sentence, clause, phrase
or portion of this ordinance is for any reason held invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this ordinance. The City Council of the
City of Santa Ana hereby declares that it would have adopted this ordinance and
each section, subsection, sentence, clause, phrase or portion thereof irrespective
of the fact that any one or more sections, subsections sentences, clauses,
phrases, or portions be declared invalid or unconstitutional.
ADOPTED this day of May, 2008.
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Paula Coleman
Assistant City Attorney
AYES
NOES:
ABSTAIN:
NOT PRESENT:
Ordinance No. NS-xxxx
Page 2 of 3
Miguel A. Pulido
Mayor
Councilmembers
Councilmembers
Councilmembers
Councilmembers
50A-3
PJC/4-23-08
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify that the
attached Ordinance No. NS-xxxx to be the original ordinance adopted by the City
Council of the City of Santa Ana on , 2008 and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Patricia E. Healy
Clerk of Council
City of Santa Ana
Ordinance No. NS-XXX
Page 3 of 3
50A-4