Ordinance 2004-03
ORDINANCE NO. 2004-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING SECTION 10A.8 OF CHAPTER 10A OF
THE GILROY CITY CODE CONCERNING THE PERMIT
FEES FOR THE SALE, USE AND STORAGE OF SAFE AND
SANE FIREWORKS PURSUANT TO CITY CODE CHAPTER
lOA
WHEREAS, Chapter 10A of the City of Gilroy ("City") 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, the City Council recognizes that the City Fire and Police Departments
experience a significant number of non-routine Fire and Police requests for services, emergency
calls and citizen complaints, all of which are directly related to the use of illegal and legal
fireworks during the 4th of July celebrations; and
WHEREAS, the City Council finds and determines that to alleviate the financial impacts
to the City Fire and Police Departments caused by the use of legal and illegal fireworks, and to
further protect the health, safety and welfare, it is necessary for the City to develop a Fireworks
Service Fee; and
WHEREAS, the City Council further finds that the Fireworks Service Fee is directly
related to the services provided by the City's Fire and Police Departments during the 4th of July
celebrations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Chapter 10A of the City Code entitled "Fireworks" is hereby amended by adding a new
section 1OA.8, entitled "Firework Permit and Service Fees" which shall read as follows:
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Ordinance No. 2004-03
"Sec. 10A.8 Fireworks Permit and Service Fees.
(a) The permit fee for selling fireworks within the city shall be set by
council resolution, which may be amended time to time by
resolution. That fee must be paid at the time the application for a
fireworks stand is filed.
(b) The permit fee for selling fireworks shall also include the City's
Fireworks Service Fee. The Fireworks Service Fee shall be
determined each year by the City's Fire and Police Chiefs and
adopted by council resolution. The Fireworks Service Fee shall be
paid at the time the application for a fireworks stand is filed."
SECTION II
If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby.
SECTION III
This Ordinance shall be in full force and effect thirty (30) days after the date of its
passage and adoption.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 5th
day of April, 2004, by the following vote:
NOES:
COUNCILMEMBERS:
CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO and PINHEIRO
NONE
AYES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED'
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Rhonda Pellin, City Clerk
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Ordinance No. 2004-03
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached
Ordinance No. 2004-03 is an original ordinance, or a true and correct copy of a city ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
5th day of April, 2004, at which meeting a quorum was present, and has been published or posted
pursuant to law.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 30th day of April, 2004.
(Seal)