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Ordinance 2004-03 ORDINANCE NO. 2004-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTION 10A.8 OF CHAPTER 10A OF THE GILROY CITY CODE CONCERNING THE PERMIT FEES FOR THE SALE, USE AND STORAGE OF SAFE AND SANE FIREWORKS PURSUANT TO CITY CODE CHAPTER lOA WHEREAS, Chapter 10A 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 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 Service Fee; and WHEREAS, the City Council further finds that the Fireworks Service Fee is directly related to the services provided by the City's Fire and Police Departments during the 4th of July celebrations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Chapter 10A of the City Code entitled "Fireworks" is hereby amended by adding a new section 1OA.8, entitled "Firework Permit and Service Fees" which shall read as follows: \JH\616962.1 01-040604-04706002 -1- Ordinance No. 2004-03 "Sec. 10A.8 Fireworks Permit and Service Fees. (a) The permit fee for selling fireworks within the city shall be set by council resolution, which may be amended time to time by resolution. That fee must be paid at the time the application for a fireworks stand is filed. (b) The permit fee for selling fireworks shall also include the City's Fireworks Service Fee. The Fireworks Service Fee shall be determined each year by the City's Fire and Police Chiefs and adopted by council resolution. The Fireworks Service Fee shall be paid at the time the application for a fireworks stand is filed." SECTION II If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby. SECTION III This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption. PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 5th day of April, 2004, by the following vote: NOES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO and PINHEIRO NONE AYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE APPROVED' ~r ~: ~~~. Rhonda Pellin, City Clerk \JH\616962.1 01-040604-04706002 -2- Ordinance No. 2004-03 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached Ordinance No. 2004-03 is an original ordinance, or a true and correct copy of a city ordinance, 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, and has been published or posted pursuant to law. 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)