Resolution 2004- 24
RESOLUTION NO. 2004-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY PROVIDING FOR A FIREWORKS MITIGATION
STRATEGY AND THE ESTABLISHMENT OF A FIREWORKS
SERVICE FEE FOR IMP ACTS ON CITY FIRE AND POLICE
SERVICES RELATED TO THE SALE AND USE OF SAFE AND
SANE FIREWORKS PURSUANT TO CITY CODE CHAPTER
lOA
WHEREAS, Chapter lOA 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 Cali fomi a; 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
Mitigation Strategy, which shall also include a Fireworks Service Fee; and
WHEREAS, the City Council further finds that the Fireworks Mitigation Strategy and
Service Fee are necessary and appropriate to protect the public health, safety and welfare, and
are directly related to the services provided by the City's Fire and Police Departments during the
4th of July celebrations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF GILROY, AS FOLLOWS:
1. The City Fire and Police Chiefs shall establish and develop a fireworks mitigation
strategy to help alleviate the financial impacts to the City's Fire and Police
services caused by the use of illegal and legal fireworks within the City. Said
strategy plan shall hereinafter be known as the "Fireworks Mitigation Strategy."
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Resolution No. 2004-24
2. Each year on or before March I S\ the City Fire and Police Chiefs shall develop a
Fireworks Mitigation Strategy for the following 4th of July celebrations.
3. The Fireworks Mitigation Strategy shall be used to determine the amount of cost
recovery anticipated to provide for the 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 following 4th of July
celebrations. A Fireworks Service Fee, based on the Fireworks Mitigation
Strategy, shall be adopted by the City Council by resolution.
4. The Fireworks Service Fee shall be paid at the same time the application for a
fireworks stand permit is filed.
5. The Fireworks Service Fee for the July 2004 Fireworks Mitigation Strategy has
been determined to be $ 30,950.00.
This Resolution shall take effect upon the same date, and if, and only if, Ordinance No. 2004-03
becomes effective. If said Ordinance does not take effect, then, without further action by the
City Council, this Resolution is null and void.
PASSED AND ADOPTED this 5th day of April, 2004 by the following vote:
AYES:
COUNCILMEMBERS:
CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO
and PINHEIRO
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
NONE
NONE
APPROVED:
ATTEST:
~~.
Rhonda Pellin, City Clerk
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Resolution No. 2004-24
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certity that the attached
Resolution No. 2004-24 is an original resolution, or true and correct copy of a city 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, 2004, 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 April, 2004.
(Seal)