Ordinance 1999-05ORDINANCE NO. 99-5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING SECTION ELEVEN OF CHAPTER 10A
OF THE GILROY CITY CODE REGULATING THE SALE, USE
AND STORAGE OF SAFE AND SANE FIREWORKS
WHEREAS, Chapter 10A of the Gilroy City Code regulates the local retail sale, use
and storage of"safe and sane fireworks" as defined in 12529 of the Health and Safety Code of the
State of California; and
WHEREAS, upon review of Chapter 10A of the Gilroy City Code, the Gilroy Fire
Chief beheves certain substantive revisions to Section Eleven adding Subsection D, are necessary
and appropriate in order to better protect the public health, safety and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
Section Eleven of Chapter 10A of the Gilroy City Code Regulating the Sale, Use
and Storage of Safe and Sane Fireworks, as amended to read in its entirety as follows, should be
and hereby is approved, and said Revised Section Eleven of Chapter 10A of the Gilroy City Code is
hereby adopted.
SECTION ELEVEN:
PROHIBITIONS ON DISCHARGE
A. No person under 18 years of age shall light or cause to be lighted any JSureworks or other
combustible material.
B. No person shall light or cause to be lighted any fireworks or other combustible material
within any stand or within 50 feet thereof.
C. It shall be unlawful for any person to ignite, explode, project, or otherwise fire or use, or
permit the ignition, explosion or projection of any fireworks upon, over, or onto the property of
another, or to ignite, explode, project, or otherwise fire or make use of any fireworks within 10
feet of any residence, dwelling or other structure.
D. It shall be unlawful for any person to possess or to ignite, explode, project, or otherwise fire
or use, or permit the ignition, explosion or projection of any fireworks upon, over, or onto
property in a hazardous fire area. Hazardous fire areas will be determined and def'med by the
Fire Chief and set forth in the fireworks discharge policies of the Fire Department.
E. It shall be unlawful for any person to ignite, explode, project, or otherwise fire or use, or
permit the ignition, explosion or projection of any fireworks from midnight July 5 to midnight
~KHM~440070.01 - 1 - ORDiNANCE NO. 99-5
92~032404706002
June 30.
PASSED AND ADOPTED this 19m day of April, 1999 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL,
GILROY
NONE
NONE
APPROVED:
K.A. Mike Gilroy, Mayor \
ATTEST:
Rhonda Pellin, City Clerk
\KHM~440070.01 - 2 - ORDINANCE NO. 99-5
92-032404706002
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 99-5 is an original ordinance, duly adopted by the Council of the City of Gilroy at
a regular meeting of said Council held on the 19th day of April, 1999, at which meeting a quorum
was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 19th day of May, 1999.
City Clerk of the City of Gilroy
(Se~)