Ordinance 2018-07ORDINANCE NO. 2018-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING CHAPTER 10A OF THE
GILROY CITY CODE ENTITLED "FIREWORKS"
REGULATING THE SALE, USE, AND STORAGE OF SAFE
AND SANE FIREWORKS
WHEREAS, pursuant to California Constitution article XI, section 7, and the City
Charter, section 600, the City of Gilroy ( "City ") has the authority to enact ordinances which
promote the public health, safety and general welfare of its residents; and
WHEREAS, Chapter l0A of the Gilroy City Code regulates the local retail sale, use, and
storage of "Safe and Sane Fireworks" as defined in section 12529 of the California Health and
Safety Code; and
WHEREAS, each year the City Fire and Police Departments receives a large volume of
citizen complaint calls concerning the illegal use of Safe and Sane Fireworks and "Dangerous
Fireworks," as defined in Section 12505 of the California Health and Safety Code, in the period
surrounding the 4th of July; and
WHEREAS, the City Council has found and determined that the modification to Gilroy
City Code, Chapter 10A, Section 1 OA. 14, pertaining to criminal fines for violating this chapter is
necessary to deter the use of illegal fireworks and to protect the health, safety and welfare of the
residents of the City; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Gilroy City Code, Chapter 10A, FIREWORKS, Section 10A.14, entitled "Penalties" is
hereby amended to read as follows:
"Persons violating this chapter shall be deemed guilty of a misdemeanor, and upon
conviction, shall be punished by a fine not to exceed one thousand dollars ($1000.00), or
by imprisonment in the city or county jail for a period not exceeding thirty (30) days, or
both such fine and imprisonment."
SECTION TT
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, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and
adopted this Ordinance and each section, subsection, subdivision, sentence, clause or phrase
4822 - 7225 -86590 1 ORDINANCE NO. 2018 -07
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thereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION III
Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full
force and effect thirty (30) days from and after the date it is adopted.
PASSED AND ADOPTED this 21St day of May, 2018, by the following roll call vote:
AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, HARNEY,
LEROE- MUNOZ, TOVAR, TUCKER and VELASCO
NOES: COUNCILMEMBERS: NONE.
ABSENT: COUNCILMEMBERS: NONE.
Velasco, Mayor
ATTEST:
Guzzetta, Deputy City Clerk
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I, SUZANNE GUZZETTA, Deputy City Clerk of the City of Gilroy, do hereby certify
that the attached Ordinance No. 2018 -07 is an original ordinance, or 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 21" day of May, 2018, 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 30th day of May, 2018.
Auz Guzzetta
Deputy City Clerk of the City of Gilroy
(Seal)