Loading...
HomeMy WebLinkAboutNS-2492 - Amending Section 14-57 and 14-63 of the Santa Ana Municipal Code Regarding the Issuance of Permits for the Sale of Safe and Sane FireworksORDINANCE NO. NS-2492 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 14-57 and 14-63 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE ISSUANCE OF PERMITS FOR THE SALE OF SAFE AND SANE FIREWORKS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council hereby finds, determines and declares: Permits issued by the City of Santa Ana to operate temporary fireworks stands (stands) during the 4"~ of July holiday have dsen 43 % over the last 5 years. ]3) The City of Santa Ana issued 99 permits to operate stands during the July 4"~ 2001 season. c) The City of Santa Ana does not have staff and/or resources to effectively inspect and monitor the increasing number of stands to assure compliance with applicable city and state regulations. Ineffective monitoring of stands has lead to public health and safety concerns within the city as well as increased litter and debds. Limiting the number of permits issued to 99 and then, through attrition, reducing the number of permits issued in the future, will allow city staff to more effectively inspect all stands to assure compliance with applicable city and state regulations, eliminate hazardous conditions, as well as litter and debris. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. SECTION 3: That Section 14-57 of Article II of Chapter 14 of the Santa Ana Municipal Code is hereby amended to read as follows (additions to existing code shown in underline and deletions in strike-out): Ordinance No. NS-2492 Page I of 4 Sec. 14-57. Application for permit. The Fire Chief shall issue permits to operate temporary firework stands only to applicants who received a permit to operate during the July 4'" 2001. Once applicant has shown proof that his or her organization was permitted during the July 4TM 2001 season, the Fire Chief will issue said organization a renewal application for a permit. Said renewal application shall comply with the requirements set forth in this chapter for applications. Once an applicant fails to obtain a RENEWAL APPLICATION, said applicant must apply for a new permit as provided in this chapter. Upon determination by the fire chief that the number of renewal applications has reached a number less than 85, the fire chief may accept new applications for permits. Said applications shall be granted as provided by a lottery system as set forth by the Fire Chief. Once the number of permits reaches 85, the Chief shall suspend said lottery system. The Fire Chief may implement said lottery any time applicant pool falls below 85. Application for such permits shall be filed with the fire chief or his authorized representative on or before May 15~ each year. Applications or renewal applications (applications) submitted with insufficient information may be resubmitted within ten (10) days of rejection, but in no case shall resubmittals be accepted after 5:00 p.m. on June 14t~ of the same year. Such application shall contain the name of the person or persons responsible for operating the fireworks stand, the location where fireworks are to be sold, proof of insurance, and proof of eligibility for a permit under section 14-56 The fire chief or his representative shall examine such application and shall issue such permit to such applicant if all of the provisions of this article have been complied with and the fire chief or his representative determines that issuance of such permit will not be detrimental to the public safety. The denial of an application may be appealed to the Uniform Code appeals board. SECTION 4: That Section 14-63 of Article II of Chapter 14 of the Santa Ana Municipal Code is hereby amended to read as follows (additions to existing code shown in underline and deletions in strike-out): Sec. 14-63 Stand location on premises. No such stand shall be erected within one hundred (100) feet of any gasoline station or commercial garage nor within forty (40) feet of any structure. Minimum setback from the street curbing shall be ten (10) feet, but no such stand shall be less than six (6) feet back from the inside edge of the sidewalk. The Fire Chief may cause any temporary fireworks stand located within the City of Santa Ordinance No. NS-2492 Pag'e 2of4 Ana to be moved to a different location based upon health and safety concerns. 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. SECTION 4: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all dghts and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 15th day of April, 2002. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Michael Vigliotta ~ Deputy City Attorney AYES: NOES: ABSTAIN: Councilmembers: Alvarez, Bist, Christy, Franklin, Pulido, Solorio (6) Councilmembers: None (0) Councilmembers: None (0) NOT PRESENT: Counciimembers: McGuigan (1) Ordinance No. NS-2492 Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2492 to be the original ordinance adopted by the City Council of the City of Santa Ana on April 15, 2002, 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-2492 Page 4 of 4