Ordinance 2006-14ORDINANCE NO. 2006-14
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF GILROY AMENDING CHAPTER 10A
OF THE GILROY CITY CODE ENTITLED "FIREWORKS"
REGULATING THE SALE, USE AND STORAGE OF SAFE
AND SANE FIREWORKS
WHEREAS, the City Council of the City of Gilroy ( "City ") has the authority to adopt
regulations to promote the public health, safety and general welfare; and
WHEREAS, Chapter 10A of the Gilroy City Code regulates the local retail sale, use and
storage of "Safe and Sane Fireworks" as defined in section 12529 of the California Health and
Safety Code; and
WHEREAS, each year the City Fire and Police Departments experience a significant
number of emergency and citizen complaint calls concerning the illegal use of Safe and Sane
Fireworks and "Dangerous Fireworks," as defined in section 12505 of the California Health and
Safety Code, during the 4th of July, which presents an imminent threat to the general public
health, safety and welfare; and
WHEREAS, the City Council has found and determined that illegal use Safe and Sane
Fireworks and Dangerous Fireworks ( "Illegal Fireworks "), is transient and spontaneous in nature
and therefore creates problems to the Fire and Police Officers in issuing standard misdemeanor
citations because of the following factors: (1) use of Illegal Fireworks occurs simultaneously
over a short period of time and the Fire and Police Officers receive over two hundred (200) calls
for service over a three (3) hour period, which causes a great impact to these service; (2) use of
Illegal Fireworks is frequently done in remote and unauthorized locations and during late hours
in the evening, which makes it difficult to apprehend the violator during the unlawful activity;
and (3) there are usually no willing or available witnesses to provide eye- witness identification
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Ordinance No. 2006 -14
of the use of Illegal Fireworks. These factors make it difficult, if not impossible, for the Fire and
Police Officers to issue standard misdemeanor citations to persons found violating the
prohibitions against the use of Illegal Fireworks; and
WHEREAS, the City Council has determined that administrative citations would be
efficient and practical to issue to persons found violating the prohibitions against the use of
Illegal Fireworks; and
WHEREAS, Gilroy City Code Chapter 6A provides for the issuance of an administrative
citation for any violation of the Gilroy City Code; and
WHEREAS, the City Council finds that it is necessary to protect the public health, safety
and welfare to amend the Gilroy City Code to include a local prohibition of the use of Dangerous
Fireworks as defined in California Health and Safety Code section 12505.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Section I OA.I I entitled "Prohibitions on discharge" of the Gilroy City Code Chapter I OA
entitled "Fireworks" is hereby amended by adding a new section I OA. 11, subsection (f) to read
as follows:
"(f) 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."
SECTION II
This ordinance, pursuant to Gilroy City Charter, Article VI, Section 602, is hereby
declared by the City Council to be necessary as an emergency measure and shall take effect
immediately and be in full force and effect after its adoption and approval because the City
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Council has found that any impediment to the effective, efficient enforcement of the use of
Illegal Fireworks presents an imminent threat to the general public health, safety and welfare,
which mandates that the City immediately respond to the public safety needs of the community
by amending the Gilroy City Code to allow for the enforcement of Dangerous Fireworks.
SECTION II
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would
have passed and adopted this ordinance, and each section, subsection, sentence, clause or phrase
hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or
phrases may be declared invalid or unconstitutional.
PASSED AND ADOPTED this 5`" day of June, 2006, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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Rhonda Pellin, City Clerk
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APPROVED
XPPinheiro, Mayor
Ordinance No. 2006 -14
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2006 -14 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 June, 2006, 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 5th day of July, 2006.
City lerk of the City of Gilroy
(Seal)