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HomeMy WebLinkAbout11A - ORD - FIREWORKS STAND HOURSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE: ORDINANCE SECOND READING: AMENDING SANTA ANA MUNICIPAL CODE CHAPTER 14 TO EXTEND OPERATING HOURS FOR SAFE AND SANE FIREWORKS STANDS ON THE FOURTH OF JULY <�JC� CITY ANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER On June 17, 2014, the City Council introduced first reading and authorized publication of title for the following Ordinance by a vote of 6 -0 (Tinajero absent): ORDINANCE NS -2866 - AN 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 FISCAL IMPACT There is no fiscal impact associated with this action. -h Maria D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS -2866 11 A -1 11 A -2 SRC(6/8/14) ORDINANCE NO. NS- AN 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. 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 8:00pm until 9:00pm will not have a significant effect on the environment because the action will not result in or lead to a physical change. Section 2. 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 3. 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 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. 11 A -3 Ordinance No. NS -_ Page 1 of 2 ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Sonia R. Carvalho City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN NOT PRESENT: Councilmembers Councilmembers 2014. Miguel A. Pulido Mayor 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 -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on 2014 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS -_ Page 2 of 2 11 A -4