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HomeMy WebLinkAboutNS-2767 - Amending Section 14-55 of Santa Ana Municipal Code Relating to Hours of Sale of Safe and Safe Fireworks ORDINANCE NO. NS-2767 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 4th. 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 time except from 12:00 noon through 10:00 p.m. on July 1 s'; from 9:00 a.m. through 10 p.m. on July 2nd and 3rd; and from 9:00 a.m. through 8:00 p.m. on July 4th of any year. 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 anyone or more sections, subsections sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS-2767 Page 1 of 2 ADOPTED this 19th day of Mav, 2008. Mi M APPROVED AS TO FORM: Jose! . Fletcher, City Attorney By: i ~ ~leY'(l (j~ aula Coleman Assistant City Attorney AYES: Councilmembers: Alvarez. Benavides. Bustamante. Martinez. Sarmiento. Tinaiero (6) NOES: Councilmembers: None. (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: Pulido (1) CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify that the attached Ordinance No. NS-2767 to be the original ordinance adopted by the City Council of the City of Santa Ana on Mav 19. 2008, 2008 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: UA.tur ~ I dO () 2> Ordinance No. NS-2767 Page 2 of 2