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HomeMy WebLinkAboutResolution No. 6523 RESOLUTION NO. 6523 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 5, 2002 WITH THE PRIMARY ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE. WHEREAS, the City Council of the City of Downey called a Special Municipal Election to be held on March 5, 2002, for the purpose of submitting to the voters a question relating to Fireworks; and WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Primary Election to be held on March 5, 2002, and that within the City of Downey the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of Los Angeles canvass the returns of the City of Downey Special Municipal Election and that said Primary Election and the City of Downey Special Municipal Election be held in all respects as if there were only one election, and only one form of ballot shall be used. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That pursuant to the requirements of Section 10403 of the California Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of the City of Downey Special Municipai Election with the Primary Election on Tuesday, the 5th day of March, 2002, 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 proposed complete text of the Ordinance submitted to the voters is attached as Exhibit "A ". Resolution No. 6523 Page 2 SECTION 3. That the county election department is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 4. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election. SECTION 5. That the City of Downey recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 6. That the City Clerk of the City of Downey is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the county election department of the County of Los Angeles. SECTION 7. That 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. ROBERT C. WINNINGH , Mayor ATTEST: 7v. % / Z4e -l k . .-- 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, Winningham NOES: Council Members: McCarthy ABSENT: Council Members: None : KATHLEEN L. MIDSTOKKE, City Clerk RESOLUTION NO. 6523 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.