HomeMy WebLinkAbout6.1 FireworkViolatnPenalty CITY CLERK
File # 650-60
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 21, 2002
SUBJECT: Urgency Ordinance Amending Municipal Code to Change Penalty
for Fireworks Violations to an Infraction
(Report prepared by John Bakker, Associate Attorney)
ATTACHMENTS: Urgency ordinance amending Section 5.24.150 of the Dublin
Municipal Code relating to the penalty for fireworks violations
RECOMMENDATION:~/~7~ Conduct public hearing; deliberate; waive the reading; and adopt the
Urgency Ordinance
FINANCIAL STATEMENT: None
DESCRIPTION:
At the April 16, 2002 council meeting, the City Council considered the recommendations of the
Fireworks Committee. One of the recommendations of the committee was that the penalty for violations
of the City's fireworks ordinance should be reduced from a misdemeanor to an infraction to minimize the
impacts on the judicial system and increase the deterrent effect of the ordinance through increased
enforcement. The City Council approved the Committee's recommendations.
The attached ordinance implements the Committee's recommendations and the Council's action
by making violations of the fireworks ordinance infractions rather than misdemeanors. In order to ensure
its effectiveness during the fireworks season, the ordinance is would be effective immediately as an
urgency ordinance.
Recommendation:
Staff recommends that by motion the City Council conduct the public hearing, deliberate, waive
the reading, and adopt the Urgency Ordinance.
COPIES TO:
ITEM NO. ~
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ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY OF DUBLIN AMENDING
SECTION 5.24.150 OF THE DUBLIN MUNICIPAL CODE
RELATING TO THE PENALTY FORFIREWORKS VIOLATIONS
THE DUBLIN CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1: Section 5.24.150 of the Dublin Municipal Code is amended to read as follows:
"Section 5.24.150 Violation--Penalty
Persons violating this chapter shall be deemed guilty of a infraction, and, upon conviction, shall be
punished as provided in Section 36900(b)ofthe Government Code, or its successor statute."
SECTION 2: POSTING, BASIS FOR URGENCY AND EFFECTIVE DATE
The City Clerk shall cause this ordinance to be posted in at least three (3) public places in the City of
Dublin in accordance with Section 36933 of the Government Code of the State of California.
This ordinance is an urgency ordinance necessary for the immediate preservation of the public peace,
health, or safety within the meaning of California Government Code section 36937 and Elections Code
section 9235 and shall go into immediate effect. The facts constituting the necessity are:
Violations of the City's fireworks regulations typically take place during the period approaching
Fourth of July. Reducing the penalty from a misdemeanor to an infraction wilt increase the
deterrent effect of the City's fireworks ordinance by ensuring that violations are enforced and
prosecuted. Infractions require less involx, ement from the courts and less paper work and are
easier for the City to administer. All of these factors make additional enforcement and prosecution
.of violations likely. In order to ensure that the benefits of this ordinance are in place during the
period approaching the Fourth of July, it is necessary that this ordinance take effect immediately.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN on
this 21 st day of May, 2002, by the following votes:
Ayes:
Noes:
Absent:
Abstain:
Mayor
Attest:
City Clerk ~;/~.~/~
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