Resolution 2009-12
RESOLUTION NO. 2009-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY SETTING THE ANNUAL FIREWORKS SERVICE FEE
FOR IMPACTS 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 California; and
WHEREAS, the City Fire and Police Departments each year 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 4th of
July celebrations; and
WHEREAS, the City Council on April 5, 2004, adopted Ordinance No. 2004-03 adding
section lOA.S to Chapter lOA of the City Code to establish a permit fee for fireworks sales, and a
fireworks service fee to alleviate the financial impacts of providing public safety services
directly related to the 4th of July celebrations; and
WHEREAS, Ordinance No. 2004-03 requires that the fireworks servIce fee be
determined by the City's Fire and Police Chiefs and adopted annually by City Council
resolution; and
WHEREAS, the City Council also on April 5, 2004, adopted Resolution No. 2004-24,
directing the City's Fire and Police Chiefs to develop a Fireworks Mitigation Strategy for the
upcoming 4th of July celebrations each year, setting forth the amount of the fireworks service fee
to recover the anticipated costs.
WHEREAS, the City Fire and Police Chiefs have developed a Fireworks Mitigation
Strategy for the 4th of July, 2009, celebrations that includes both public information and
additional public safety staffhours at an anticipated cost to the City of $ 24,906; and
WHEREAS, the City Council on May 4, 2009 reviewed the Fireworks Mitigation
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Resolution No. 2009-12
Strategy for 4th of July, 2009, celebrations, attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF GILROY, AS FOLLOWS:
1. Based on the July 2009 Fireworks Mitigation Strategy, the fireworks service fee
for 2009 has been determined to be $24,906.
PASSED AND ADOPTED this 4th day of May, 2009 by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, BRACCO, DILLON,
GARTMAN, TUCKER, WOODWARD and
PINHEIRO
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
NONE
NONE
APPROVED:
~
ert Pinheiro, Mayor
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Resolution No. 2009-12
, .
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2009-12 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 4th day of May, 2009, 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 May, 2009.
(Seal)