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HomeMy WebLinkAboutResolution No. 6522 RESOLUTION NO. 6522 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, MARCH 5, 2002, FOR THE SUBMISSION OF A PROPOSED MEASURE RELATING TO FIREWORKS WHEREAS, the City Council of the City of Downey, California, desires to submit to the voters of the city at a Special Municipal Election a proposed measure relating to Fireworks; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed measure to the voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That pursuant to the requirements of the Downey City Charter and the laws of the State of California, there is called and ordered to be held in the City of Downey, California, on Tuesday, March 5, 2002, a Special Municipal Election for the purpose of submitting the following question: Shall the proposed ordinance prohibiting the storage, sale, use or discharge of Yes fireworks within the City of Downey be adopted? No SECTION 2. That the complete text of the proposed Ordinance submitted to the voters is attached as Exhibit "A ". SECTION 3. That the ballots to be used at the election shall be in form and content as required by law. SECTION 4. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 5. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 6. That in all particulars not recited in this resolution, the election shall be conducted as provided by law for holding municipal elections. Resolution No. 6522 Page 2 SECTION 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 8. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED this 27th day of November, 2001. I s ROBERT C. WINNINGH , Mayor ATTEST: '"' 2 &41,C KATHLEEN L. MIDSTOKKE, City Clerk I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 27th day of November, 2001, by the following vote, to wit: AYES: Council Members: Trejo, Perkins, Cartozian, Mayor Winningham NOES: Council Members: McCarthy ABSENT: Council Members: None /5 ytA / KATHLEEN L. MIDSTOKKE, City Clerk RESOLUTION NO. 6522 EXHIBIT "A" ORDINANCE NO. AN ORDINANCE OF THE PEOPLE OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE TO PROHIBIT THE STORAGE, SALE, USE OR DISCHARGE OF FIREWORKS WITHIN THE CITY OF DOWNEY. THE PEOPLE OF THE CITY OF DOWNEY DO ORDAIN AS FOLLOWS: SECTION 1. Existing Sections 3331 through 3343 of Chapter 3 of Article III of the Downey Municipal Code are hereby repealed. SECTION 2. Sections 3331, 3 3 3 2, 3333 are hereby added to Chapter 3 of Article III of the Downey Municipal Code to read as follows: "SECTION 3331. FIREWORKS: PROHIBITED. It is unlawful for any person, firm, partnership, organization, corporation or limited liability company to store, sell, use or discharge any fireworks within the City, including, but not limited to, "safe and sane" fireworks as that term is defined in Part 2 of Division 11 of the California Health and Safety Code, as the same may be amended from time to time hereafter. EXCEPTION: Displays presented by licensed pyrotechnicians with appropriate permits issued by the Fire Department. SECTION 3332. FIREWORKS: NUISANCE. The violation of Section 3331 shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of nuisances. SECTION 3333. FIREWORKS : VIOLATION. Any person, firm, partnership, organization, corporation or limited liability company violating Section 3331 or failing to comply with the provisions of Section 3331 shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, partnership, organization, corporation or limited liability company shall be guilty of a separate offense for each and every day or any portion thereof during which any violation of Section 3331 is committed, continued or permitted by such person, firm, partnership, organization, corporation or limited liability company, and shall be deemed punishable therefore as provided in this section. Any fireworks stored, sold, used or discharged in violation of this section 3331 will be confiscated and properly disposed of by the Fire Department with the appropriate charges being borne by the violator." Exhibit "A" Page 2 SECTION 3. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or void, such decision shall not affect the validity of the remaining portions of this Ordinance. The people of the City of Downey hereby declare that they would have adopted and passed this Ordinance and each section, subsection, sentence, - clause and phrase, therefore irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or void. SECTION 4. This Ordinance is subject to the vote of the citizens of the City of Downey and shall take effect, if approved by a majority of the voters voting at such election, on January 1, 2003.