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HomeMy WebLinkAbout50A - ORD - OPERATING HOURS FIREWORKS SALESREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: URGENCY ORDINANCE AND FIRST READING OF ORDINANCE AMENDING SANTA ANA MUNICIPAL CODE CHAPTER 14 TO EXTEND OPERATING HOURS FOR SAFE AND SANE FIREWORKS STANDS ON THE FOURTH OF JULY CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 o Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an urgency ordinance and conduct first reading of an ordinance to extend the operating hours of safe and sane fireworks stands on the Fourth of July from 8:00 p.m. to 9:00 p.m. DISCUSSION In response to findings regarding accessibility to purchase illegal fireworks and the dangerous and significant fire hazards that illegal fireworks present to Santa Ana neighborhoods, staff has prepared both an urgency ordinance and an ordinance to amend Section 14 -55 of Article II of Chapter 14 of the Santa Ana Municipal Code to extend the hours of operation of safe and sane fireworks stands from 8:00 p.m. to 9:00 p.m. on the Fourth of July of any year. By extending the hours of operation on the Fourth of July, the City will provide for a safer environment in that individuals will have access to purchase safe and sane fireworks and not illegal fireworks that may be available in their community. Santa Ana City Charter Section 415 provides the authority to adopt an urgency ordinance authority by a 2/3 vote, after making certain findings that the ordinance is necessary for the immediate preservation of the public peace, health, or safety. The urgency ordinance includes such findings if the Mayor and City Council is inclined to adopt them. The urgency ordinance will take effect immediately upon its adoption. The regular ordinance would take effect in the standard time frame, 30 days following adoption of the second reading of the ordinance. 50A -1 Safe and Sane Fireworks Stands June 17, 2014 Page 2 FISCAL IMPACT There are no fiscal impacts associated with adopting the amended ordinances. 50A -2 SRC (6/9/14) URGENCY ORDINANCE NO. NS- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 14 -55 OF ARTICLE II OF CHAPTER 14 OF THE SANTA ANA MUNICIPAL CODE REGARDING A CHANGE IN OPERATING HOURS OF SAFE AND SANE FIREWORKS STANDS ON THE FOURTH OF JULY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines and declares as follows: A. The sale of safe and sane fireworks in the City of Santa Ana contributes to a safer city in that people are not inclined to purchase illegal fireworks. B. On the Fourth of July some individuals do not seek to purchase fireworks until well after the sun has set and often this is past 8:00 p.m. in the summer months. C. By providing that safe and sane fireworks stands can remain open until 9:00 p.m. instead of 8:00 p.m. the City provides a safer environment in that individuals will have access to safe and sane fireworks and not illegal fireworks which are dangerous and present significant fire hazards. Section 2. Adoption of this Ordinance is exempt pursuant to general rule that the California Environmental Quality Act applies only to projects that have the potential for causing a significant effect on the environment in accordance with Section 15061 (b) (3) of the Guidelines. Approval of this Ordinance granting one additional hour of sales from 8:00pm until 9:00pm will not have a significant effect on the environment because the action will not result in or lead to a physical change. Section 3. Section 14 -55 of Article II of Chapter 14 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 14 -55. 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 time except from 12:00 noon through 10:00 p.m. on July 1st; from 10:00 a.m. through 10:00 p.m. 50A-3 Ordinance No. NS- on July 2nd and 3rd; and from 10:00 a.m. through 9:00 p.m. on July 4th of any year. Section 4. 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 5. Pursuant to Santa Ana City Charter Section 415, this Ordinance is designed to protect the health, safety and welfare of the citizens of the City of Santa Ana and becomes effective immediately upon adoption by a two - thirds (213) vote of the City Council. The City Council hereby finds that there is an urgent need to adopt these regulations in order to eliminate the current and immediate threats as set forth above. Ordinance No. NS- 50A -4 ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney 0 Sonia R. Carvalho City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2014. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS - to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2014, 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 50A -5 Ordinance No. NS- 41A SRC(6/8/14) ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 14 -55 OF ARTICLE II OF CHAPTER 14 OF THE SANTA ANA MUNICIPAL CODE REGARDING A CHANGE IN OPERATING HOURS OF SAFE AND SANE FIREWORKS STANDS ON THE FOURTH OF JULY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. Adoption of this Ordinance is exempt pursuant to general rule that the California Environmental Quality Act applies only to projects that have the potential for causing a significant effect on the environment in accordance with Section 15061 (b) (3) of the Guidelines. Approval of this Ordinance granting one additional hour of sales from 8:00pm until 9:00pm will not have a significant effect on the environment because the action will not result in or lead to a physical change. Section 2. Section 14 -55 of Article II of Chapter 14 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 14 -55. 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 time except from 12:00 noon through 10:00 p.m. on July 1st; from 10:00 a.m. through 10:00 p.m. on July 2nd and 3rd; and from 10:00 a.m. through 9:00 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 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. Ordinance No. NS- 50A-7 Page 1 of —2 ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Sonia R. Carvalho City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN NOT PRESENT: Councilmembers Councilmembers 2014. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on 2014 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Ordinance No. NS- Page 2 of 2 Clerk of the Council City of Santa Ana y ll m •