HomeMy WebLinkAboutNS-2865 - Amending Section 14-55 of Article II of Chapter 14 of Sannta Ana Municipal Code Regarding a Change in Operating Hours of Safe and Sane Fireworks Stands on the Fourth of JulySRC (6/9/14)
URGENCY ORDINANCE NO. NS -2865
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING SECTION 14 -55
OF ARTICLE II OF CHAPTER 14 OF THE SANTA ANA
MUNICIPAL CODE REGARDING A CHANGE IN
OPERATING HOURS OF SAFE AND SANE FIREWORKS
STANDS ON THE FOURTH OF JULY
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of Santa Ana hereby finds, determines and
declares as follows:
A. The sale of safe and sane fireworks in the City of Santa Ana contributes to a
safer city in that people are not inclined to purchase illegal fireworks.
B. On the Fourth of July some individuals do not seek to purchase fireworks until
well after the sun has set and often this is past 8:00 p.m. in the summer
months.
C. By providing that safe and sane fireworks stands can remain open until 9:00
p.m. instead of 8:00 p.m. the City provides a safer environment in that
individuals will have access to safe and sane fireworks and not illegal
fireworks which are dangerous and present significant fire hazards.
Section 2. Adoption of this Ordinance is exempt pursuant to general rule that the
California Environmental Quality Act applies only to projects that have the potential for
causing a significant effect on the environment in accordance with Section 15061 (b) (3) of
the Guidelines. Approval of this Ordinance granting one additional hour of sales from 8:00
pm until 9:00 pm will not have a significant effect on the environment because the action
will not result in or lead to a physical change.
Section 3. Section 14 -55 of Article II of Chapter 14 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 14 -55. 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 1st; from 10:00 a.m. through 10:00 p.m. on July 2nd and 3rd; and
from 10:00 a.m. through 9:00 p.m. on July 4th of any year.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
Ordinance No. NS -2865
Page 1 of 3
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.
Section 5. Pursuant to Santa Ana City Charter Section 415, this Ordinance is
designed to protect the health, safety and welfare of the citizens of the City of Santa
Ana and becomes effective immediately upon adoption by a two- thirds (2/3) vote of the
City Council. The City Council hereby finds that there is an urgent need to adopt these
regulations in order to eliminate the current and immediate threats as set forth above.
Ordinance No. NS -2865
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ADOPTED this 17th day of June, 2014.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: ccr?-
Sonia R. Carvalho
City Attorney
AYES: Councilmembers: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento (6)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: Tinaiero (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS -2865 to be the original ordinance adopted by the City
Council of the City of Santa Ana on June 17, 2014, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date: ' r J G2z '�)' 1"�11 19V—
Clerk of the Council
City of Santa Ana
Ordinance No. NS -2865
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