HomeMy WebLinkAboutReso 012-88 6-7-88SpecElectionRESOLUTION NO- 12 -88
RESOLUTION OF THE CITY COUNCIL OF DUBLIN
SUBMITTING A BALLOT PROPOSAL TO THE VOTERS
FOR AN ADVISORY VOTE; DESIGNATING THE
FORM IN WHICH THE ADVISORY MEASURE
SHALL APPEAR ON THE BALLOT; CALLING AN ADVISORY
ELECTION TO BE HELD IN CONSOLIDATION WITH
A SPECIAL MUNICIPAL ELECTION ON JUNE 7, 1988;
CONSOLIDATING THE SPECIAL MUNICIPAL ELECTION WITH THE
STATEWIDE ELECTION TO BE HELD ON JUNE 7, 1988
BE IT RESOLVED by the Council of the City of Dublin as
follows:
WHEREAS, the City Council desires an advisory vote of the
electors of the City of Dublin with respect to the enactment of an
ordinance relating to the manufacture, sale and use of Safe and
Sane Fireworks;
WHEREAS, certain actions are required in connection with said
election;
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That an Advisory Election to be held in consolidation
with a Special Municipal Election in the City of Dublin on June 7,
1988 is hereby called.
2. That the City Council requests that the Special Municipal
Election to be held in the City of Dublin'on June 7, 1988, be
consolidated with the statewide election being held on June 7,
1988, pursuant to Elections Code ~ 23302.
3. That pursuant to Elections Code § 5353 the Council of the
City of Dublin hereby submits to the voters a ballot proposal for
an advisory vote with respect to the enactment of an ordinance, a
copy of which is attached hereto as Exhibit A, prohibiting the
manufacture, sale and use of "safe and sane fireworks" to be voted
upon by the voters at said AdvisoryElection to be held in the City
of Dublin on June 7, 1988.
4. That the ballot proposal shall appear and be printed upon
the ballots to be used at the election as follows:
ADVISORY VOTE ONLY
Should the City Council of the City of
Dublin enact an ordinance prohibiting the
manufacture, sale and use of 'Safe and
Sane Fireworks'?
YES NO
5. That the City Clerk is hereby directed to cause the
posting, publication and printing of notices and all other
matters pursuant to the requirements of the Government Code and
the Elections Code of the State of California.
6. That the City Clerk is further directed to file a copy of
this resolution with the Alameda County Board of Supervisors and
with the County Clerk and to transmit a copy of this resolution to
the Alameda County Registrar of Voters on or before March 11 ,
1988.
January
ATTEST:
PASSED, APPROVED AND ADOPTED this
, 1988.
25 th day of
AYES:
NOES:
Councilmembers Hegarty, Moffatt, Snyder, Vonheeder
& Mayor Jeffery
None
ABSENT: None
City Ci~
-2-
ORDINANCE NO. - 88
AN ORDINANCE OF THE CITY OF DUBLIN
REGULATING THE MANUFACTURE, SALE AND USE OF
"SAFE AND SANE FIREWORKS"
The City Council of the City of Dublin does ordain as follows:
Section 1. DEFINITIONS. For the purpose of this Ordinance,
the words and phrases "fireworks", "safe and sane fireworks" and
"safe and sane and/or regulated fireworks" shall have the
respective meanings ascribed to them in Sections 12500 et. seq.
of the Health & Safety Code of the State of California.
Section 2. PROHIBITIONS.
(a) The manufacture of fireworks or safe and sane fireworks
or safe and sane and/or regulated fireworks is prohibited within
the City of Dublin.
(b) It is unlawful for any person to sell, offer for sale,
solicit the sale of, possess, purchase, use, or ignite fireworks
or safe and sane fireworks or safe and sane and/or regulated
fireworks within the City of Dublin except as provided in this
Ordinance.
Section 3. EXCEPTIONS.
(a) The City may conduct a public display of fireworks at
an approved site. The City may contract with a licensed
pyrotechnic operator to conduct the display. Any public display
shall be performed in accordance with the rules and regulations
of the State Fire Marshal.
Section 4. PROVISIONS TO SUPPLEMENT STATE FIREWORKS LAW.
The provisions of this Ordinance shall supplement and be
construed in harmony with the "State Fireworks Law" (Part 2,
Division 11 of the Health & Safety Code of the State of
California) and other applicable provisions of the laws of the
State of California.
Section 5. 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 Ordinance.
Section 6. 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 or by
imprisonment in the county jail for a period not exceeding 30
days, or both such fine and imprisonment.
Section 7. REPEAL OF DUBLIN ORDINANCE NO. 10-82 and NO.
12-82. Dublin Ordinances No. 10-82 and No. 12-82 are hereby
repealed.
Section 8. EFFECTIVE DATE AND POSTING OF ORDINANCE
This ordinance is enacted as an urgency ordinance and shall
take effect immediately. The facts constituting the urgency are
the need to have the ordinance effective before June 28, 1988, in
order that the ordinance will affect the sale and use of
fireworks in connection with the 1988 Fourth of July celebration.
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, APPROVED AND ADOPTED by the City Council of the City
of Dublin on this day of , 1988, by the
following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Mayor
City Clerk