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HomeMy WebLinkAbout6.4 Fireworks Special Election (13D -3o CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 25, 1988 SUBJECT Ordinance and Resolutions related to Fireworks Advisory Ballot Measure and Special Election on June 7, 1988 EXHIBITS ATTACHED 1 ) Ordinance Amending Ordinance No. 10-82 2 ) Resolution Submitting a Ballot Proposal, designat- ing form in which Advisory Measure shall appear on ballot, calling an Advisory Election to be consolidated with Special Municipal Election on June 7, 1988 and consolidating special municipal election with Statewide Election to be held on June 7, 1988 3) Resolution requesting County to provide services for Dublin Special Municipal Election to be held on June 7, 1988 4) Resolution relating to ballot arguments and impartial analysis 5) City Council Meeting Minutes of July 21, 1987 6) Ordinance No. 10-82 /7 /N 1 7) Ordinance No. 12-82 / / , 000/ 8) Memorandum from City Attorney dated July 23, 1987 RECOMMENDATION V : Open public hearing; hear Staff presentation; hear public comments; 1) Consider proposed Ordinance amending Ordinance No. 10-82 2 ) Adopt Resolution calling special advisory election 3 ) Adopt Resolution requesting County to provide election services 4) Adopt Resolution relating to ballot arguments and impartial analysis FINANCIAL STATEMENT: Estimated Election Costs - $1, 500 . Sufficient funds have been budgeted. DESCRIPTION On July 21, 1987, the City Council agreed that the City should call a special election for the purpose of determining whether the citizens of Dublin want the City Council to enact an ordinance prohibiting the manufacture, sale and use of safe and sane fireworks . The City Council further agreed that the ballot measure would be advisory in nature and held in conjunction with the California Statewide Election in June, 1988. At that meeting, the City Council directed the City Attorney to prepare the necessary resolutions to call the special election for Council consideration at a future Council meeting. The City Council also requested that the City Attorney investigate the possible effective date of the Ordinance, if the measure is approved by the voters, as well as the impact on fireworks sales permits issued for 1988 . In a Memorandum from the Assistant City Attorney dated July 23, 1987 (see attached) , the Assistant City Attorney has indicated that individuals holding valid permits to sell fireworks for 1988 would have a vested right to sell fireworks this year, even if the Council enacted an Ordinance prohibiting the sale and use of fireworks after the June, 1988 advisory election. If the ballot measure prohibiting the manufacture, sale and use of fireworks should pass, the City Attorney has indicated it is possible that the prohibition of manufacture, sale and use of fireworks could be effective this fireworks season if the City Council took the following actions : ITEM NO. o COPIES TO: AGENDA STATEMENT: Ordinance and Resolutions related to Fireworks Advisory Ballot Measure and Special Election on June 7, 1988 Page 2 1 ) Prior to the beginning of the application period for permits to sell fireworks in 1988, the City Council amends Ordinance No. 10-82 to provide that permits issued during 1988 would not be valid in the event that Ordinance No. ' s 10-82 and 12-82 were repealed prior to June 28, 1988. If such an Ordinance was adopted, the individuals pulling permits for fireworks booths would be put on notice at the time that they pull those permits, and therefore, would not have a vested right to the permits . They would also be responsible for any out-of-pocket costs incurred in applying for permits, entering into property rental agreements, or booth rental agreements . 2 ) The City Council enact an urgency Ordinance prohibiting the sale and use of fireworks after the election, but prior to June 28, 1988. If the City Council adopts the Resolution amending Ordinance No. 10-82, and the ballot measure does not pass, this Ordinance would not have any practical effect on fireworks permit applicants . It is therefore Staff ' s recommendation that the City Council consider waiving the reading and introducing this Ordinance amending Ordinance No. 10-82, if it wishes to have the ability to prohibit fireworks this season in the event that a ballot measure passes . If the City Council does not amend the Ordinance, and wishes to have the ability to prohibit fireworks this season after the passage of a ballot measure, the City Attorney has indicated that the City would have some legal exposure. Special Election Issues Attached to the Staff Report are three Resolutions which the Council should consider for adoption in order to hold a special election on June 7, 1988 for the purpose of placing an advisory measure regulating fireworks on the ballot. The first resolution calls an advisory election to be held in consolidation with a special municipal election and Statewide election to be held on June 7, 1988, submits to the voters a ballot proposal for an advisory vote with respect to the enactment of an Ordinance which would prohibit the manufacture, sale and use of safe and sane fireworks and designates the form in which the advisory measure shall appear on the ballot . It would be appropriate for the Council to review the proposed language that would appear on the ballot measure and then adopt this Resolution. The second Resolution would request the County Board of Supervisors to permit the Registrar of Voters to provide special services for the Dublin special municipal election to be held June 7, 1988. This Resolution would also authorize the City Manager to enter into an agreement with the County to carry out these election services . It is Staff ' s recommendation that the City Council adopt this Resolution. The third Resolution relates to regulations for ballot arguments and direction to the City Attorney to prepare an impartial analysis . This Resolution would permit ballot arguments to be submitted on behalf or against the measure. The ballot arguments could not exceed 300 words in length and could not have more than 5 authors names appearing within the argument. In the event that more than one argument either for or against is submitted to the City Clerk, the City Clerk would select one of the arguments in favor and one of the arguments against the measure in accordance with the preference and priority as provided by law. Elections Code Section 5016 provides that the City Clerk shall give preference and priority to 1 ) the City Council or authorized members of the Council; 2) individual voters or bonafide associations of citizens or a combination of voters and associations Who are bonafide sponsors or proponents of the measure; 3) bonafide associations of citizens; 4 ) individual voters eligible to vote on the measure. It is Staff ' s recommendation that the City Council consider the provisions in this Resolution and adopt the Resolution. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING ORDINANCE NO. 10-82 REGULATING THE SALE AND USE OF FIREWORKS The City Council of the City of Dublin does ordain as follows: Section 1 . Section 7 of Ordinance NO. 10-82 is amended by adding thereto the following subparagraph (g) , to read as follows: "(g) Any permit issued hereunder during the calendar year 1988 shall include (1 ) a condition that the permit shall not be valid in the event the City Council repeals Ordinance Nos. 10-82 and 12-82 prior to June 28, 1988 and (2 ) a statement that the permittee shall bear the risk of loss of any costs incurred in connection therewith. " Section 2 . EFFECTIVE PATE AND POSTING OF ORDINANCE . This Ordinance shall take effect and be in force thirty (30 ) days from and after the date of its passage. The City Clerk of the City of Dublin 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. PASSED AND ADOPTED by the City Council of the City of Dublin on this day of , 1988, by the following vote: AYES: NOES: ABSENT: Mayor ATTESTs City Clerk RESOLUTION NO. 13 -88 RESOLUTION OF THE CITY COUNCIL OF DUBLIN REQUESTING THE BOARD OF SUPERVISORS OF ALAMEDA COUNTY TO PERMIT THE REGISTRAR OF VOTERS TO PROVIDE SERVICES FOR THE DUBLIN SPECIAL MUNICIPAL ELECTION TO BE HELD JUNE 7 , 1988 WHEREAS , the Council of the City of Dublin (the "City" ) in Alameda County (the "County" ) , State of California, has adopted a resolution calling a special municipal election in the City to be held on Tuesday, June 7 , 1988, at which an advisory measure will be submitted to the qualified electors of the City; WHEREAS, pursuant to California Elections Code Section 22003 , the City may request by resolution that the Board of Supervisors permit the County Registrar of Voters to provide specified election services; NOW THEREFORE , BE IT RESOLVED by the Council of the City of Dublin, as follows : Section 1 . The City requests the County Board of Supervisors to permit the Registrar of Voters to provide specified election services for the special municipal election to be held in the City on Tuesday, June 7 , 1988. Section 2 . The specified election services may consist of, but are not limited to, the following: ( a) Precinct consolidation, establishment of polling places, securing election officers, preparing and mailing notices of appointment, and publication of precinct officers and polling places. (b) Typesetting and printing sample ballots , which includes polling place notifications, ballot arguments, and mailing to registered voters . (c) Printing of official ballots. (d) Purchasing precinct supplies and absent voters supplies . • (e) Providing for absentee voting in the County Registrar ' s Office. ( f) Delivery of voting booths, ballots, ballot boxes, and precinct supplies to precincts/election officers . (g) Electronic and/or tabulation of votes . (h) Canvassing and certifying to City Clerk the results of elections. ( i) All things necessary or incidental to the above in accordance with California Election Law in effect at the time of the election or other functions as may be requested from time to time by the City. Section 3 . The City Clerk, or Deputy City Clerk, is hereby authorized and directed to certify to the due adoption of this resolution and to transmit a copy hereof so certified to the Board of Supervisors of the County and to file a copy hereof with the Registrar of Voters of the County. Section 4 . The City Manager is authorized to enter into an agreement with the County to carry out the election services as provided in this resolution, including but not limited to compensation for such election services. PASSED, APPROVED AND ADOPTED this 25 th day of January , 1988. AYES: Councilmembers Hegarty, Nbffatt, Snyder, Vonheeder and Mayor Jeffery NOES : None ABSENT: None W Mayor / ATTEST: / ( - City Cle k • -2- . 411W RESOLUTION NO . 14 -88 RESOLUTION RELATING TO BALLOT ARGUMENTS AND IMPARTIAL ANALYSIS WHEREAS, an Advisory Election has been called within the City of Dublin for Tuesday, June 7 , 1988; and WHEREAS , at such election there will be one advisory measure to be voted on; and WHEREAS , it is appropriate to set the last day for filing arguments for or against such advisory measure . WHEREFORE, IT IS RESOLVED as follows : Paragraph 1 . The last day for filing arguments for or against the ballot proposal appearing on the June 7, 1988 Advisory Election, such question being set forth in Paragraph 5 hereafter, shall be March 21 , 1988 at 4:00 p.m. , and all such arguments shall be filed with the office of the City Clerk, 6500 Dublin Boulevard, Dublin, California. Paragraph 2 . No argument shall exceed 300 words in length. No more than five (5 ) authors ' names shall appear with any argument . All authors must be eligible to vote on the measure . If more than one argument for or against the measure is submitted, the City Clerk shall select one of the arguments in favor or one of the arguments agains the measure in accordance with the preference and priority as provided by law. Paragraph 3 . When the arguments for and against the measure have been selected by the City Clerk, a copy of the argument in favor of the measure will be sent to the author of the argument against and a copy of the argument against the measure will be sent to the author of the argument in favor . The authors may prepare and submit rebuttal arguments not exceeding 250 words. Rebuttal arguments must be filed in the office of the City Clerk not later than March 31 , 1988 at 4:00 p.m. Paragraph 4 . The City Clerk is directed to transmit a copy of the ballot proposal to the City Attorney who is hereby directed to prepare an impartial analysis of the ballot proposal not to exceed 500 words . The City Attorney is directed to submit the impartial analysis to the City Clerk on or before March 31 , 1988. -1- Paragraph 5 . The ballot proposal above referred to is as follows : "Should the City Council of the City of Dublin enact an ordinance prohibiting the manufacture, sale and use of ' safe and sane fireworks ' ?" PASSED, APPROVED AND ADOPTED this 25 th day of January , 1988. AYES : Councilmembers Hegarty, Moffatt, Snyder, Vonheeder & Mayor Jeffery NOES: None ABSENT : None Mayor / j ATTEST: c p City Cl -2- • iI (Downtown Beautification Awards Program) The Councilmembers indicated their concurrence with the Downtown Beautification Awards Program element of the Draft Plan. Mayor Jeffery closed the public hearing. On motion by Cm. Vonheeder, seconded by Cm. Hegarty, and by a unanimous vote, the Councilmembers conceptually approved each section and implementation strategy of the Dublin Downtown Specific Plan and Associated General Plan Amendment; and adopted RESOLUTION NO. 54 - 87 APPROVING A NEGATIVE DECLARATION CONCERNING THE DUBLIN DOWNTOWN SPECIFIC PLAN AND ASSOCIATED GENERAL PLAN AMENDMENT RESOLUTION NO. 55 - 87 ADOPTING THE DUBLIN DOWNTOWN SPECIFIC PLAN AND ASSOCIATED GENERAL PLAN AMENDMENT Staff will prepare time frames for the conceptually approved implementa- tion strategies, and will present them to the Councilmembers at a Council meeting during the month of September. REPORT FROM CITY ATTORNEY ON SPECIAL ELECTION RELATED TO FIREWORKS Mr. Nave identified three options available for calling a special election related to the fireworks issue. On motion by Cm. Hegarty, seconded by Cm. Vonheeder, and by a four-to-one vote (Cm. Moffatt opposed) , the Councilmembers agreed to reconsider the motion originally made by Cm. Hegarty on June 22 , related to a- special election on the sale and use of fireworks. Cm. Hegarty moved to present the issue of fireworks to the public as an advisory election, which would enable the Council to retain the authority to establish a Council Initiative related to the sale, use and possession of fireworks. Cm. Vonheeder seconded Cm. Hegarty's motion. Cm. Moffatt expressed concern that if the election were an advisory action, at any time down road the Council could take an action which may not coincide with the desires expressed by the public. He said he would prefer this issue to be submitted to the electorate for a vote as an amendment to the Ordinance, and that if, in the future, the Council wanted to consider a change to the Ordinance, it could be presented to the electorate for another vote. He said the responsibility for the decision related to the fireworks issue would then be removed from the Council- members and given to the electorate. CM-6-226 Regular Meeting July 21, 1987 • Cm. Snyder said his original preference was to adopt an Ordinance drafted by the City Attorney, and then if the community was not in agreement with the Ordinance, the referendum process could have been utilized by those opposing the law. Cm. Hegarty indicated that he would agree with an advisory election, that his main concern was to give the community an opportunity to indicate their opinion related to fireworks. He said five or six people had already spoken before the Council. Mayor Jeffery called for the question. By a unanimous vote, the Council agreed that an advisory election would be pursued. Cm. Hegarty moved, Cm. Vonheeder seconded, and' by a unanimous vote, the Council adopted Option 3 , calling a special election and placing the measure on the ballot with the statewide election in June 1988 . The City Attorney' s Office will prepare appropriate resolutions related to the special election and will present them at a future City Council meeting. The City Attorney was also directed to determine the possible effective date if the measure is approved by the voters, and the impact on fireworks sales permits issued for 1988. * * * * 1987 DUBLIN SHAMROCK FESTIVAL Diane Lowart updated the Councilmembers on the status of the Shamrock Festival, and said Staff was recommending the Council authorize a budget transfer in the amount of $2, 500 from the Contingent Reserve to fund the costs related to traffic control, public works assistance, and a meal allowance for reserve police officers. Ms. Lowart discussed a problem which had arisen related to insurance coverage. She said that, with the exception of only two, the insurance certificates received were incorrect in that they did not name DSRSD as the primary insured. She advised that DSRSD stipulated unless= the appropriate certificates are received by Wednesday, they will revoke the Festival. There was discussion related to the insurance needs. The City Attorney suggested that it may be possible for the City to loan the necessary funds to the Festival to obtain the necessary insurance. Cm. Vonheeder moved that Shamrock Festival, Inc. be loaned enough funds to secure the necessary insurance. Cm. Hegarty seconded the motion. The motion failed by a one-to-four vote. On motion by Cm. Hegarty, seconded by Cm. Vonheeder, and by a unanimous vote, the Council authorized a loan to Shamrock Festival, Inc. for a sum of up to a maximum of $10, 000. 00 for the purpose of securing the necessary insurance. CM-6-227 Regular Meeting July 21, 1987 ORDINANCE NO. 10 AN ORDINANCE OF THE CITY OF DUBLIN REGULATING THE SALE AND USE OF FIREWORKS THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: Section 1 . DEFINITIONS. For the purpose of this article, the works, and phrases "fireworks, " and "safe and sane fireworks" shall have the respective meanings ascribed to them in Sections 12500 et seq. of the Health and Safety Code of the State of California. Section 2. PROHIBITIONS. (a) The manufacture of fireworks is prohibited within the jurisdiction. (b) No person shall possess, sell, deliver, deal in, use, explode or fire, or cause to be used, exploded or fired, any form of fireworks designated as 'dangerous fireworks ' by Section 12505 of the Health and Safety Code of the State of California. (c) The possession, sale, delivery, dealing in, use, exploding or firing of any form of fireworks designated as ' safe and sane fireworks ' by Section 12529 of the Health and Safety Code of the State of California is expressly permitted, except as')limited by this article. Section 3 . EXCEPTIONS Nothing in this article shall be construed as prohibiting the use of torpedoes , flares , or fuses by railroads or other transportation agencies for signal purposes of illumination; or the sale or use of blank cartridges for ceremonial purposes, athletic, or sports events or military ceremonials or demonstrations; or the sale, dis- charge or display of fireworks by permittees having a permit as hereinafter provided; or the use and display of fireworks of whatever nature by any person engaged in the production of motion pictures, theatricals, or operas when such use and display is a necessary part of such production; or the transportation of fireworks through the City in regular course, and in original packages or containers from any point outside of the City to any other point outside the City. • Section 4 . PUBLIC DISPLAY OF FIREWORKS - PERMIT REQUIRED Any person desiring to hold a public display of fireworks within the City shall submit an application for permit to the office of the Fire Chief of the Dublin San Ramon Services District only between the dates of April 1 and April 30 of each year. In the event a permit is granted, sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable. Said Fire Chief shall have power to adopt reasonable rules and regulations for granting of permits for supervised public displays of fireworks by a jurisdiction, fair associ- ation, amusement park or other organziation for the use of fireworks by artisans in pursuit of their trade. Every such use or display shall be handled by a competent operator approved by the Fire Chief and shall be of such character and so located, discharged or fired as in the opinion of the Fire Chief shall not be hazardous to persons or property. The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the Fire Chief for the payment of all damages which may be caused to a person or persons or to any property by reason of the permitted display and arising from any acts of the permittee, his agents, employees or subcontractors . By accepting a permit, permittee agrees to indemnify and hold both the City and the Dublin San Ramon Services District harmless from any such damages . All fireworks that remain unfired after the display is concluded shall be immediately disposed of in an approved manner for the particular type of fireworks remaining. Section 5. LIMITATION ON NUMBER OF PERMITS The maximum number of permits to sell safe and sane fireworks which may be issued pursuant to this Article during any one calendar year shall not exceed one permit for each 3, 000 residents of the City, based on the most recent population figure developed by the City Planning Director. If the number of applications received up to and including the last day for making applications pursuant to this Ordinance exceeds the number of permits to be issued for the City, the Fire Chief shall immediately thereafter supervise an impartial drawing to determine an order of priority for each application. Section 6 . PREREQUISITES FOR ISSUANCE OF PERMIT. (a) No permit to sell safe and sane fireworks shall be issued to any person except nonprofit organizations -2- or corporations which have obtained tax exempt status from the State Franchise Tax Board under section 23701 , (b) , (d) , (f) , (g) , or (1) of the Revenue and Taxation Code . (b) Each such organization must have its principal and permanent meeting place in the City limits and must maintain a bona fide membership of at least 20 members , and must have been organized and established within the City for a minimum of one year continually preceding the filing of the application for the permit . Section 7 . PERMITS TO SELL SAFE AND SANE FIREWORKS . (a) Any nonprofit organization desiring to sell or to offer for sale safe and sane fireworks shall first make a written application to the Fire Chief of the Dublin San Ramon Services District for a permit to sell fireworks at a fireworks stand. (b) Every application for a permit shall be accompanied by a fee in the amount of $100 .00 to cover reasonable costs of investigation and administration. If the application is denied for any reason, one half of said fee shall be refunded. (c) The application shall state the name of the applicant , the address of the organization, and its principal or permanent meeting place . The application shall be accompanied by a letter or certificate from the State Franchise Tax Board which will show that the applicant is exempt from the payment of the Bank and Corporation Tax by Section 23701 , (b) , (d) , (f) , (g) , or (1) of the State Revenue and Taxation Code . (d) The application shall state the date and time on which it is proposed that fireworks be sold, which in no event shall be for any period of time not within 12 : 00 noon on June 28th to 12 :00 noon on July 5th of each year . (e) The application shall set forth the proposed location of the fireworks stand, including a map or plot plan of the lot or premises on which the stand is to be located depicting the stand and other structures on the premises . Any such stand must be located on private property , located within commercially zoned districts , and must other- wise conform to zoning and other applicable laws and regulations . The written permission of the owner of record or lessees must also accompany the application. (f) Fireworks stands shall be located only in an area bearing a commercial zoning designation. -3- Section 8 . OPERATION OF THE STAND. (a) No person other than the permittee shall operate the stand for which the permit is issued or share or otherwise participate in the profits of the operation of such stand. (b) No person other than the individuals who are members of the permittee organization, or the parents, wives or husbands or adult children of such members , shall sell or otherwise participate in the sale of fireworks at such stand. Section 9 . FIREWORKS STANDS REQUIREMENTS All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand and sales from any other building or structure is hereby prohibited. Temporary stands shall be subject to the following provisions: (a) No fireworks stand shall be located within 25 feet of any other building nor within 100 feet of a gasoline pump. (b) Each stand in excess of 24 feet in length must have at least two exits; and each stand in excess of 40 feet in length must have at least three exits spaced approximately equidistance apart, providing, however, that in no case shall the distance between exits exceed 24 feet. (c) Permittee shall provide each stand with two, two and one-half gallon fire extinguishers suitable for Class A fires, in good working order and easily accessible for use in case of fire and approved as to type by the Fire Chief and conforming to the provisions of this code. Section 10 . GENERAL REQUIREMENTS FOR PERMITTEES . (a) All weeds and combustible material shall be cleared from the location of the stand including a distance of at least 20 feet surrounding the stand. (b) "No Smoking" signs shall be prominently displayed on the fireworks stand. (c) The sale of fireworks shall not be made to minors under the age of sixteen (16) nor begin before 12 o 'clock noon on the 28th of June and not continue after the 5th day of July. (d) An information brochure concerning instructions as to the use of safe and sane fireworks and the hazards -4- attendant with their use by minors shall be furnished each purchaser by the permitee . No fireworks , or other explosives of any nature, shall be discharged upon the premises or lot upon which a fireworks stand is located. (e) All unsold stock and accompanying litter shall be removed from the location of the stand by 5 : 00 o ' clock p .m. on the 7th day of July, and the fireworks stand shall be removed from the location no later than the 10th day of July. Section 11 . TEMPORARY SALES TAX PERMIT REQUIRED Organizations licensed for the selling of fireworks are required to obtain a temporary sales tax permit from the Regional Office of the State Board of Equalization. Section 12 . DISPLAY OF PERMITS The permit to sell fireworks and temporary sales tax permit shall be display in a prominent place in the fireworks stand. Section 13 . PROVISIONS TO SUPPLEMENT STATE FIREWORKS LAW. The. provisions of this Article shall supplement and be construed in harmony with the "State Fireworks Law" (Part 2 , Division 11 of the Health and Safety Code of the State of California) and other applicable provisions of the laws of the State of California. Section 14. SEIZURE OF FIREWORKS The Fire Chief shall have the authority to seize , take, remove , or cause to be removed at the expense of the owner, all stocks of fireworks offered or exposed for sale , stored, or held in violation of this article . Section 15 . VIOLATION OF THIS ORDINANCE Persons violating this ordinance shall be deemed guilty of a misdemeanor , and upon conviction, shall be punished by a fine not to exceed $500 . 00 or by imprison- ment in the county jail for a period not exceeding 30 days , or both such fine and imprisonment . -5- Section 16 . SUPERSESSION OF COUNTY ORDINANCE It is the intention of the City Council of the City of Dublin that this ordinance shall supersede the effectiveness of Ordinance No . 76-34 of the County of Alameda relating to fireworks , as adopted by the City Council by Ordinance No . 1 of the City of Dublin. PASSED AND ADOPTED by the City Council of the City of Dublin on this 29th day of March , 1982 , by the following votes : AYES : Councilmembers Burton, Hegarty and Moffatt. NOES : ABSENT : None %w, Mayor ATTEST : Cit�Cler -6- ORDINANCE NO. 12 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING ORDINANCE NO. 10 REGULATING THE SALE AND USE OF FIREWORKS THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS : SECTION 1 AMENDMENT Section 10 (c) of Ordinance No. 10 is hereby amended by deleting therefrom the following language : "minors under the age of sixteen (16) " and substituting in place thereof the following language : "to any person under the age of eighteen (18) " PASSED AND ADOPTED by the City Council of the City of Dubling on this 26thday .of April , 1982 , by the following votes : AYES : Councilmembers Burton, Hegarty, Jeffery, Moffatt amd Mayor Snyder NOES : None ABSENT: None -‘-c) Ax--st MAYOR ) ATTEST: ITY CLERK • MEYERS. NAVE, RIBACK & WEST MICHAEL R.NAVE ATTORNEYS AT LAW PENINSULA OFFICE STEVEN R.MEYERS 1220 HOWARD AVE.,SUITE 250 NATALIE E.WEST CIVIC CENTER COMPLEX ME, ELIZABETH H.SILVER _ 835 EAST 14TH STREET BUR(415)3 8 CA 94010 MICHAEL S.RIBACK SAN LEANDRO,CALIFORNIA 94577 (415)348-]130 • (415)577-3333 MARIN OFFICE OF COUNSEL 1202 GRANT AVE_SUITE E THOMAS F.BERTRAND - NOVATO.CA 94947 (415)892-8878 July 23 , 1987 RECEIVED REPLY TO: 'JUL 2 41987 To : Richard Ambrose i-;*•=•_e City Manager From: Elizabeth H. Silver Assistant City Attorney Re : Effect of Repeal of Fireworks Ordinances on Permits Issued in Spring, 1988 The Council intends to place an advisory measure on the ballot on June 7, 1988 , asking the voters whether the current City Ordinances , ' authorizing the sale of safe and sane fireworks, should be repealed. If the voters vote in favor of the advisory measure, the Council, at its next regularly scheduled meeting (June 13 ; 1988 ) , could enact an ordinance repealing • the current City Ordinances. If the ordinance were made 'an Urgency Measure, it could become effective immediately. The question presented is what impact the enactment of such an ordinance (prohibiting the sale and use of safe and sane fireworks ) would have on permits to sell safe and sane fireworks validly issued under the current City Ordinances (Ord. Nbs.. 10-82 and- 12-82 ) . Under the current Ordinances , the Fire Chief issues such permits in the spring of each year. Thus, by June 28 , when a permittee can begin selling fireworks , valid permits would have:'been issued to a specified number of applicants . It is our opinion that, under the current Ordinances , the holders of these permits would have a vested right to sell safe and sane fireworks , notwithstanding the repeal of the ordinances under which the permits were issued. However, if the City Council were to amend the current Ordinances to provide that any permit issued during calendar year 1988 should be conditioned so that it would not be valid in the event the Council repealed Ord. Nos. 10-82 and 12-82 prior to June 28 , 1988 , we believe the holders of the permits would be placed on notice and hence To : Richard Ambrose City Manager From : Elizabeth H. Silver Asst. City Attorney Re : Effect of Repeal of Fireworks Ordinance on Permits Issued in Spring, 1988 July 23 , 1987 - Page Two would not be able to claim a vested right to sell safe and sane fireworks. Such a condition would provide that the City Council would have to act prior to June 28 inasmuch as the current ordinances allow the sale of safe and sane fireworks commencing on June 28 . The Council could encact such an amendment to Ord . NOS. 10-82 and 12-82 at any time, so long as the amended ordinance became effective prior to the time that the Fire Chief begins taking applications for permits to sell safe and sane fireworks . In the event you wish us to draft such an ordinance, please advise. The Registrar of Voters will not have a calendar for the June 1988 election until November. Once we receive the calendar ,we will prepare the necessary resolutions to submit an advisory measure to the voters at that election. Elizabeth H . Silver • EHS/mls