Resolution 2006-48
RESOLUTION NO. 2006-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING AND SETTING FORTH THE
ADMINISTRATIVE PENALTY SCHEDULE AND LATE
PAYMENT CHARGES FOR CERTAIN VIOLATIONS OF
THE GILROY CITY CODE
WHEREAS, the City of Gilroy City Council adopted Ordinance No. 2004-09, now set
forth in Chapter 6A of the Gilroy City Code ("City Code"), which established the administrative
citation and administrative remedies processes for enforcing provisions ofthe City Code; and
WHEREAS, the City of Gilroy City Council Adopted Ordinance 2006-14, now set forth
as Gilroy City Code Chapter lOA entitled "Fireworks" and amending Section 10A.ll entitled
"Prohibitions on discharge" by adding a new section 10A.ll, subsection (f) as follows: "It shall
be unlawful for any person to possess or to ignite, explode, project, or otherwise fire or use, or
permit the ignition, explosion or ignition of "dangerous fireworks," as defined in California
Health and Safety Code section 12505, on or at their premises at any time in the City of Gilroy.";
and
WHEREAS, the California Government Code Section 36901 states that a city legislative
body may impose fines, penalties, and forfeitures for violations of ordinances. It may fix the
penalty by fine or imprisonment, or both. A fine shall not exceed one thousand dollars ($1,000).
Imprisonment shall not exceed six months; and
WHEREAS, the City Council believes that penalties for the use of dangerous fireworks
should be set at a level higher fine amount than other types of administrative penalties due to the
district threat to the public health, safety and welfare by those persons found using fireworks
illegally in the City of Gilroy.
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Resolution No. 2006-48
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY AS
FOLLOWS:
Section 1. This Resolution hereby repeals and replaces Resolution 2005-09 in its entirety.
Section 2. The administrative penalties for all violations of City Code Section lOA. 11
shall be (1) two hundred and fifty dollars ($250) for a first violation; (2) five hundred dollars
($500) for a second violation; and (3) seven hundred and fifty dollars ($750) for each additional
violation.
Section 3. The administrative penalties for all violations of the City Code that do not
involve violations oflocal building and safety codes shall be (1) one hundred dollars ($100) for a
first violation; (2) two hundred dollars ($200) for a second violation within one year; and
(3) five hundred dollars ($500) for each additional violation within one year.
Section 4. The administrative penalties for all violations of the City Code that involve
violations of local building and safety codes shall be (1) one hundred dollars ($100) for a first
violation; (2) two hundred dollars ($200) for a second violation within one year; and (3) one
thousand dollars ($1000) for each additional violation within one year.
Section 5. Any penalty amount imposed pursuant to Chapter 6A of the City Code will be
deemed delinquent if it is not timely paid in the accordance with Section 6A.15 (Payment of
Penalty) and/or Section 6A.32 (Adminstrative Penalites). Any person who fails to pay to the City
all or part of the amount of any penalty imposed on or before the date that the penalty amount is
due will become liable for the payment of an additional delinquency payment. The delinquency
penalty will be equal to ten percent (10%) of the amount of the penalty remaining unpaid to the
City per month.
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Resolution No. 2006-48
Section 6.
If any section, subsection, subdivision, sentence, clause or phrase of this
Resolution 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 Resolution. The City Council hereby declares that it would have passed this Resolution and
each section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact
that anyone or more sections, subsections, subdivisions, sentences, clauses, or phrases be
declared unconstitutional.
Section 7.
Effective Date. This Resolution shall take effect immediately upon
adoption by the City Council.
PASSED AND ADOPTED this I ih day of June, 2006, by the following vote:
AYES:
COUNCIL MEMBERS:
ARELLANO, BRACCO, CORREA,
GARTMAN, VALIQUETTE, and
PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
VELASCO
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Resolution No. 2006-48
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2006-48 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
12th day of June, 2006, 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 5th day of July, 2006.
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L-I~dvC ~ ~Al-< Ll "
City Clerk of the City of Gilroy
(Seal)