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Home My WebLink AboutItem 6.3 Fireworks Sale Ord (2)CITY CLERK FILE # 650-60 AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 21, 1999 SUBJECT: Urgency Ordinance - Fireworks Sales (Report Prepared by: Jim Ferdinand Fire Marshal) ATTACHMENTS: 1. Draft Ordinance amending Chapter 5.24 of the Dublin Municipal Code relating to the Sale of Fireworks. 2. Ordinance 2-99 related to Fireworks Sales for the Millennium. RECOMMENDATION: 1. Receive staff presentation 2. Open public hearing 3. Take testimony from public 4. Close public heating and deliberate 5. Waive reading and adopt ordinance on an urgency basis FINANCIAL STATEMENT: None DESCRIPTION: Background: Pursuant to State law, the Dublin Municipal Code allows the sale of safe and sane fireworks each year. As approved by Ordinance 2-99, the dates of sale were amended to include December 26, 1999 to January 1, 2000. The City Council has expressed a concern for the comfort of those who staff the sales booths. In ' order to minimize the time spent in the booth and exposure to the elements, the Council will limit dates and times of sales. Analysis: The attached proposed Urgency Ordinance would allow the sale of safe and sane fireworks from December 28, 1999 to December 31, 1999. Hours of sales will be from nine a.m. (9:00 a.m.) until eight p.m. (8:00 p.m.) each day. Recommendation: Staff recommends that the City Council conduct a public hearing, waive the reading, and adopt the ordinance on an urgency basis to become effective immediately. H/cc-forms/agdastmt. doc COPIES TO: ITEM NO. ORDINANCE N0. -99 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 5.24 OF THE DUBLIN MUNICIPAL CODE IN RELATION TO THE SALE OF FIREWORKS The City Council of the City of Dublin does ordain as follows: SECTION 1. Section 5.24.070 of DMC "Safe and sane fireworks - Permit procedure" Amended Section 5.24.070 "Safe and sane fireworks -Permit procedure" of the Dublin Municipal Code, as amended by Ordinance No. 2-99, is further amended by revising subparagraph '~)' to read as follows: 'The application shall state the date and time on which it is proposed that fireworks be sold, which in no event shall be for a period of time not within (i) twelve p.m. (12:00 p.m.) on June 281h to twelve p.m. (12:00 p.m.) on July 5th of each year; however no fireworks-shall be sold after ten p.m. (10:00 p.m.) or before eight a.m. (8:00 a.m.) during these periods. The application shall state the date and time on which it is proposed that fireworks be sold, which in no event shall be for a period of time not within (i) nine a.m. (9:00 a.m.) on December 28, 1999 to eight p.m. (8:00 p.m.) on December 31, 1999; however no fireworks shall be sold after eight p.m. (8:00 p.m.) or before nine a.m. (9:00 a.m.) during these periods." SECTION 2. Section 5,24.100 of DMC "General Requirements for permittees" Amended Section 5.24. 100 "General requirements for permittees" of the Dublin Municipal Code as amended by Ordinance No. 2-99, is amended by changing December 26th, 1999 to December 28, 1999 and January 1, 2000 to December 31, 1999. SECTION 3. Uncodified Sections The changes made to Chapter 5.24 of the Dublin Municipal Code by Ordinance No. 2-99 and by this ordinance that relate to the sale of fireworks in December 1999 shall not be codified in the Dublin Municipal Code. SECTION 4. Posting and Effective Date The City's Municipal Code requires applications for fireworks permits to be filed by October 1, 1999. Unless this ordinance becomes effective immediately, persons applying for permits will not be aware of the revisions to times during which sales may be made and other changes made by this ordinance. This ordinance is necessary therefore for the immediate preservation of the public peace, health and safety and shall take effect immediately pursuant to Government Code section 36937(b). 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. ATTACHMENT 1 PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this 21~t day of September, 1999, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk K2/G/9-21-99/ord-fireworks. doc Mayor ORDENANCE NO. 2 - 99 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 5.24 OF THE DUBLIN MUNICIPAL CODE RELATIZNG TO TH'E SALE OF FIREWORKS The City Council of the City of Dublin does ordain as follows: SECTION 1. Section 5.24.070 of DMC "Safe and sane fireworks -- Permit procedure" Amended Section 5.24.070 "Safe and sane fireworks -- Permit procedure" of the Dublin Municipal Code is amended by adding the following new sentence at the end of subparagraph "A.": "Any application to sell fireworks during the period from December 26, 1999 through January 1, 2000 must be received by the Fire Chief on or before October 1, 1999." Section 5.24.070 "Safe and sane fireworks -- Permit procedure" of the Dublin Municipal Code is further amended by revising subparagaph "D." to read as follows: "The application shall state the date and time on which it is proposed that fireworks be sold, which in no event shall be for a period of time not within (i) twelve p.m. (12:00 p.m.) on June 281h to twelve p.m. (12:00 p.m.) on July 5th of each year, or (ii) twelve p.m. (12:00 p.m.) on December 26, 1999 to twelve p.m. (12:00 p.m.) on January 1, 2000; however no fireworks shall be sold after ten p.m. (10:00 p.m.) or before eight a.m. (8:00 a.m.) during these periods" SECTION 2. Section 5.24.100 of DMC "General requirements for permittees" Amended Section 5.24.100 "General requirements for permitees" of the Dublin Municipal Code is amended by revising subpara~aph "C." to read as follows: "The sale of fireworks shall not (i) be made to any person under the age of eighteen (18}, (ii) 'oegin before twelve p.m. (12:00) p.m. on the 281h day of June of each year nor continue after twelve p.m. (12:00) p.m. on the 5th of July of each year, nor (iii) be~n before twelve p.m. (12:00) p.m. on December 26, 1999 nor continue after twelve p.m. (12:00) p.m. on January 1, 2000." Section 5.24.100 "General requirements for permitees" of the Dublin Municipal Code is amended by revising subparagaph '~E." to read as follows: 'For any stands permitted to sell fireworks during any period from June 281h through July 5th, all unsold stock and accompanying litter shall be removed from the location of the stand by five p.m. (5:00 p.m.) on the fifth day of July, and the fireworks stand shall be removed from the location no later than five p.m. (5:00 p.m.) on the eighth day of July. For any stands permitted to sell fireworks during the period from December 26, 1999 through January. 1, 2000, all unsold stock shall be removed from the location of the stand by five p.m. (5:00 p.m.) on January 1, 2000, and the ATTACHMENT 2 fireworks stand shall be removed from the location no later than five p.m. (5:00 p.m.) on January 4, 2000." SECTION 3. References to "Dou_mherty Regional Fire Authority" Omitted Section 5.24.040 '~ublic display -- Permit required" of the Dublin Municipal Code is amended by revising the first sentence of subparagraph "A." to read as follows: "A. Any person desiring to hold a public display of fireworks within the city shall submit an application for permit to the office of the City's Fire Chief only between the dates of April 1 and April 30 of each year." Section 5.24.040 "Public display - Permit required" of the Dublin Municipal Code is amended by revising the last sentence of subparagraph "C." as follows: "By accepting a permit, permittee agrees.to indemnify and hold the city harmless from any such damages." Section 5.24.070 "Safe and Sane Fireworks - Permit Procedure" of the Dublin Municipal Code is amended by revising subparagraph "A." to read as follows: "A. Any non-profit organization desiring to sell or to offer for sale safe and sane fireworks shall first make a written ampliation to the Fire Chief for a permit to sell fireworks at a fireworks stand." SECTION 4. Postin_,, and Effective Date 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, APPROVED AND ADOPTED by the City Council of the City of Dublin this 19m day of January, 1999, by the following vote: AYES: Councilmembers Hmpard, Lockhart, McCormick, Zika and Mayor Houston NOES: None ABSTAIN: None ABSENT: None ATTES .~f~~~ler, k~~ K2 /G /~c-mtgs q -19-99/ord-fireworks J:\W"PDM\IiN"RS~'M 14\01\ORD'\I999XFIREWRKS.Y2K AUL:rja q