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HomeMy WebLinkAbout11A - ORD - FIREWORKS PJC/4-23-08 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 14-55 OF THE SANTA ANA MUNICIPAL CODE RELATING TO HOURS OF SALE OF SAFE AND SANE FIREWORKS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Currently, Section 14-55 of the Santa Ana Municipal Code sets forth the hours of sale for the safe and sane fireworks by permitted sellers. 1. It is appropriate to revise the section to allow permitted sellers to open their fireworks stands one hour earlier on July 2nd, 3rd, and 4th. B. 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 2. Section 14-55 of the Santa Ana Municipal Code is hereby amended to give authority to animal control officers to issue administrative citations, such that it reads as follows (new language in bold, deleted language in strikeout): Sec. 14-55. Permit for sale of safe and sane fireworks; hours of sale. No person shall display, sell, or engage in the business of selling safe and sane fireworks without first having obtained a permit to do so as hereinafter provided. No person shall sell any type of fireworks at any Ordinance No. NS-xxxx Page 1 of 3 11 A-1 time except from 12:00 noon through 10:00 p.m. on July 1 S\ from 9:00 a.m. through 10 p.m. on July 2nd and 3rd; and from 9:00 a.m. through 8:00 p.m. on July 4th of any year. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held 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 anyone or more sections, subsections sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this _ day of May, 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Paula Coleman Assistant City Attorney AYES Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. NS-xxxx Page 2 of 3 11 A-2 PJC/4-23-08 CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify that the attached Ordinance No. NS-xxxx to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2008 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Patricia E. Healy Clerk of Council City of Santa Ana 11A-3 Ordinance No. NS-XXX Page 3 of 3