Resolution 1982- 02
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RESOLUTION NO. 82-2
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
READOPTING FIRE CODE, 1979 EDITION, WITH MODIFI-
CATIONS TO PERMIT "SAFE AND SANE" FIREWORKS AND
TO PROHIBIT MANUFACTURE OF FLAMMABLE LIQUIDS IN
RESIDENTIAL AREAS.
WHEREAS, Section 10.9 of the Gilroy City Code provides
that the latest edition of Uniform Fire Code shall be submitted
to the Council to become effective within the City upon approval
by resolution, subject to possible modifications and amendmentsj
and
WHEREAS, the 1979 Edition of the Uniform Fire Code has
heretofore been adopted by the Council with modification to permit
sale of "Safe and Sanelt fireworks in the City, and further modifica-
tion to prohibit manufacture of flammable liquids in residential
areas, and
WHEREAS, the Council now wishes to restrict firework
sales to non-profit organizations,
NOW, THEREFORE, BE IT RESOLVED BY THE COtrnCIL OF THE
CITY OF GILROY that the Uniform Fire Code, 1979 Edition, including
Appendices A, B, C, D, E, G, H and I, and any fees or charges set
forth therein, is readopted and shall apply within the City of
Gilroy with the following modification to Section 78.102:
Permits may be granted to tax-exempt, non-
r.rofit organizations for the retail sale of
'Safe and Sane" fireworks, as defined by the
California State Fire Marshall, and such fireworks
may be sold and discharged in the City under the
following express conditions:
1. No person or other legal entity shall be
permitted to sell fireworks in the City unless
exempted from tax by the Franchise Tax Board.
2. Profits from such sales shall be used
for charitable purposes.
3. Retailers shall not sell fireworks to
anyone less than 16 years of age.
RESOLUTION NO. 82-2
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4. Only boxed assortments packed by a
wholesaler or manufacturer shall be sold by
the retailer in the original package.
5. Retail sales of such boxed assortments
shall be made only between July 1 and July 4 of
each year.
6. A safety pamphlet on the use of "safe
and sane" fireworks furnished by the manufacturer
shall be given by the seller to each purchaser
at the time of sale.
and with the addition of the following Section 79.114:
The production or manufacture of flammable
or combustible liquids as defined in Section
9.108 from stills or condensers is prohibited
in area zoned for residential use.
That a copy of this resolution be kept on file in the
office of the Fire Chief for examination by interested persons,
that a copy of this resolution shall be given to each retailer
of fireworks when a business license is applied for, that vio-
lation of the above provisions modifying the Uniform Fire Code
shall be deemed infractions, and the Departments of Fire and
Police are directed to issue citations therefor.
PASSED AND ADOPTED this 18th day of January, 1982,
by the following vote:
AYES:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
ALBERT,
TAYLOR,
NONE
NONE
GAGE, HUGHAN LINK,
VALDEZ and G60DRICH
ABSENT: COUNCILMEMBERS:
APPROVED:
7(~~,Jl
ayor
?PJ~t,
RESOLUTION NO. 82-!
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I, SUSANNE Eo STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. ) 82-2
is an
original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 18th
. day of
present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
January
, 198~, at which meeting a quorum was
Official Seal of the City of Gilroy this 20th
19 -E...
day of January