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Ordinance 2018-07ORDINANCE NO. 2018-07 AN 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, pursuant to California Constitution article XI, section 7, and the City Charter, section 600, the City of Gilroy ( "City ") has the authority to enact ordinances which promote the public health, safety and general welfare of its residents; and WHEREAS, Chapter l0A 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 receives a large volume of 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, in the period surrounding the 4th of July; and WHEREAS, the City Council has found and determined that the modification to Gilroy City Code, Chapter 10A, Section 1 OA. 14, pertaining to criminal fines for violating this chapter is necessary to deter the use of illegal fireworks and to protect the health, safety and welfare of the residents of the City; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Gilroy City Code, Chapter 10A, FIREWORKS, Section 10A.14, entitled "Penalties" is hereby amended to read as follows: "Persons violating this chapter shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine not to exceed one thousand dollars ($1000.00), or by imprisonment in the city or county jail for a period not exceeding thirty (30) days, or both such fine and imprisonment." SECTION TT 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, 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, subdivision, sentence, clause or phrase 4822 - 7225 -86590 1 ORDINANCE NO. 2018 -07 CCHU104706083 thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION III Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force and effect thirty (30) days from and after the date it is adopted. PASSED AND ADOPTED this 21St day of May, 2018, by the following roll call vote: AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, HARNEY, LEROE- MUNOZ, TOVAR, TUCKER and VELASCO NOES: COUNCILMEMBERS: NONE. ABSENT: COUNCILMEMBERS: NONE. Velasco, Mayor ATTEST: Guzzetta, Deputy City Clerk 4822 - 7225 -86590 2 ORDINANCE NO. 2018 -07 CCHUk04706083 I, SUZANNE GUZZETTA, Deputy City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2018 -07 is an original ordinance, or 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 21" day of May, 2018, 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 May, 2018. Auz Guzzetta Deputy City Clerk of the City of Gilroy (Seal)