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Resolution 1999-32 \KHM\440046.01 91-1l32304706002 -1- RESOLUTION NO. 99-32 . . RESOLUTION NO. 99-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ALLOWING THE SALE AND USE OF SAFE AND SANE FIREWORKS FOR THE YEAR 2000 CELEBRATION PURSUANT TO SECTION 12599.5 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA WHEREAS, this resolution is enacted to allow the sale and use of safe and sane fireworks for the Year 2000 celebration pursuant to section 12599.5 of the Health and Safety Code of the State of California. NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby approves and adopts the following: YEAR 2000 CELEBRATION This Resolution is enacted to allow the sale and use of Safe and Sane Fireworks only as defined by Section 12529 and permitted by Section 12599.5 of the Health and Safety Code of the State of California within the City of Gilroy for the Year 2000 celebration. All the provisions of Chapter 10A of the Gilroy City Code regulating the sale, use and storage of fireworks continue in full force and effect except as amended by the following provisions: A. Provided a permit has been duly issued by the Fire Chief, fireworks may be sold from 9:00am on December 28, 1999, untill0:00pm on December 31, 1999. Said permit will hereafter be referred to as the "Year 2000 Permit", B. An application for a Year 2000 Permit shall be made in accordance with all provisions of Section IOA-3 except that the application must be made between the first business day and the last business day of October 1999. Applicants will be notified in writing by the Fire Chief by November 15, 1999, of the granting or rejection of such application for a permit. Applicants granted a permit shall pay all required fees, provide proof of insurance, and submit all other required documents by November 30,1999. C. Only those organizations that were granted a permit to sell fireworks during the July 1999 designated period will be eligible to apply for and to receive a Year 2000 Permit. Those qualifying organizations that do not apply for a Year 2000 permit will still be eligible to apply for a permit for the period June 30, 2000 through July 4, 2000. If not all of the qualifying organizations apply for, or fail to IKHM\440046.01 91.032304706002 -2- RESOLUTION NO. 99-32 . . be granted, a Year 2000 Permit, no other organizations will be eligible to receive a permit; no additional Year 2000 Permits will be granted. D. All litter shall be removed from the booth location and the surrounding area by 5:00pm on January 1, 2000. The fIreworks stand shall be removed from the temporary location by 8:00pm on January 7, 2000. E. Use of fIreworks shall be limited to the period beginning at 9:00am on December 28, 1999, and ending at midnight on January 1, 2000. 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 January 1, 2000, to midnight June 30, 2000. This Resolution shall become inoperative on January 2, 2000, with the exception of those rights or duties created hereunder, if any, which by their own terms survive said date and for the purposes of enforcement of violations of this Resolution. As ofJanuary 1,2001, this Resolution shall be automatically repealed without further action by the City. PASSED AND ADOPTED this 5th day of April, 1999 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL and GILROY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: R~S~~ :lJJ)fd.c~ Rhonda Pellin, City Clerk -' ., c .... ., . ~ . . I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached Resolution No. 99-32 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 5th 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 9th day of April, 1999. .//J /r~ ~-/tflub~~' City Clerk of the City of Gilroy (Seal)