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Ordinance 2019-11ORDINANCE NO.2019-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CITY CODE CHAPTER 10A, SECTIONS 10A.5 (a) (b), (c), AND (e), AND ADDING A NEW SECTION 10A.5 (f) WHEREAS, pursuant to California Constitution article Xl, section 7, and the City Charter, section 600, the City Council has the authority to enact ordinances which promote the public health, safety and general welfare of its residents; and WHEREAS, the City Council finds that the modification to Gilroy City Code, Chapter 10A, pertaining to Fireworks is necessary and in the interest of the health, safety and welfare of the residents of the City; and WHEREAS, the City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA," Public Resources Code sections 21000 et seq.), because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and it does not have the potential to result in a physical change to the environment, directly or indirectly (Title 14, Chapter 3 of the California Code of Regulations "CEQA Guidelines," sections 15060(c)(2) and (3)). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Chapter 10A of the Gilroy City Code entitled "Fireworks" is hereby amended by amending Sections 10A.5(a), (b), (d), and (e) and by adding a new Section 10A.5(f) to read as follows: 1110A.5 Qualifications for issuance of permit. The following qualifications must be met by each applicant for a permit: (a) No permit shall be issued to any person, firm or corporation except to an organization meeting the following two criteria: (1) it is either a non-profit entity, a public agency, or an entity affiliated with a public agency, and (2) it is organized primarily to support student or youth activities in Gilroy. -1- 4842-8187-6137v3 ORDINANCE NO.2019-11 JH104706083 (b) Each such organization must have its principal and permanent meeting place in the Gilroy area, as evidenced by a valid Gilroy zip code; must maintain a bona fide membership of at least twenty (20) members; and must have been organized and established in the Gilroy area for a minimum of one (1) year continuously preceding the filing of the application for the permit. (c) No organization may receive more than one (1) permit for fireworks sales during any one (1) calendar year. One (1) permit may be issued to two (2) or more qualifying applicants as a joint venture. The maximum number of permits which may be issued during any one (1) calendar year shall not exceed sixteen (16) permits. (d) Subject to the provisions of paragraph (e), below, an organization that received a permit to sell fireworks pursuant to this chapter in 2019 shall be issued a permit to sell fireworks in succeeding years if an application is filed and all requirements of this ordinance are met. A permit issued under this section and paragraph shall cover only one (1) retail sales stand. Nothing in this section shall prevent the fire chief or his designee from revoking a permit for just cause where a fire nuisance exists or where personal injury is threatened. (e) Subject to the right of organizations that have continually operated retail stands pursuant to a valid permit since 2019 to continue to do so provided they meet the requirements of this ordinance and of paragraph (d), above, if the number of proper applications exceed the number of permits to be issued in given year, the permits shall be granted by a random drawing supervised by the fire chief. (f) Each applicant for a permit to sell fireworks pursuant to this chapter shall have submitted prior to the issuance of any permit a policy of individual liability insurance with coverage of at least $2,000,000.00 and aggregate liability insurance coverage of a least $5,000,000.00 and naming the City of Gilroy as an additional insured for the period the permit is in effect, or such other types of insurance and limits as may be required from time to time by the City's Risk Manager." 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. 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 18th day of November, 2019, by the following roll call vote: -2- 4842-8187-6137v3 ORDINANCE NO. 2019-11 JH104706083 AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, LEROE- MUNOZ, MARQUES, TUCKER and VELASCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: TOVAR Rol"Velasco, Mayor -3- 4842-8187-6137v3 ORDINANCE NO.2019-11 JH104706083 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2019-11 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 special meeting of said Council held on the 18t' day of November, 2019, 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 201h day of November, 2019. City Clerk of thdCity of Gilroy (Seal)