HomeMy WebLinkAboutORD-47-80 INTERIM ORD MEASURE PERMITTING THE SALE OF SAFE AND SANE FIREWORKS FOR THE PERIOD OF NOON JUNE 28 TO JULY 4 FOR THE 1980 SEASONI
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ORANGE CITY NEVIS: Please publish WEDNESbAY, July 2, 1980 only and send PROOF
and PROOF OF PUBLICAtION to City Clerk, P.O. Box 449, Orange, California 92666.
MARILYN J. JENSEN , CITY _c;g:RK____.,_
ORDINANCE NO. 47-
80 AN INTERIM ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ORANGE ADOPTED AS
AN URGENCY MEASURE PERMITTING THE SALE
OF SAFE AND SANE FIREWORKS FOR THE
PERIOD OF NOON JUNE 28 THROUGH MIDNIGHT
OF JULY 4 PROVIDED THAT THIS
PERMITTED PERIOD OF SALE SHALL BE APPLICABLE
ONLY TO SALES MADE DURING THE
INDEPENDENCE DAY CELEBRATION DURING THE 1980
SEASON.WHEREAS, Sections 36934 and 36937 of the
Government Code of the State of California permit cities to
enact urgency ordinances to become effective immediately;
and WHEREAS, The City Council desires to enact such
an urgency ordinance to permit the sale of the safe and
sane fireworks for the period from noon June 28 to
Midnight July 4 during the 1980 Independence Day Holiday
celebration only;
and WHEREAS, the Council has determined that such a
period of fireworks sale for the 1980 season is necessary
because of the reasons hereinafter set forth in the urgency
clause;
and WHEREAS, it is necessary to enact this urgency
measure to become effective immediately inasmuch as the Uniform
Fire Code, 1976 Edition, adopted by the Council contains a
pro-vision that restricts the sale of safe and sane fireworks
to the period of July 1 to July 4 of each
year.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DOES HEREBY ORDAIN AS
FOLLOWS:SECTION
I:For the 1980 Independence Holiday season only, safe
and sane fireworks shall be permitted to be sold from
noon June 28 through Midnight July
4.SECTION
II:The facts constituting the urgency justifying
the enactment of this ordinance are as
follows:The 1976 edition of the Uniform Fire Code with
re-visions and additions approved by the City of Orange
was enacted on or about September 11, 1979, and on7 ?f
the .additions to the Uniform Code contained a prov~s~on govern~
ng safe and sane fireworks which limited the sale of
such fireworks from noon July 1 through midn~ght July 4. ~
his ,provision was not brought to the atte~t~on of the ?ff~
cials of the City responsible for issuing f~rewo:ks sell~ng
per-mits and, therefore, permit for s~le were ~ssued based
on the previous ordinance which perm~tted sales fro~
noon June 28 to midnight July 4. All safe,and san7 f~:
eworks permits are issued solely to non-prof~t or9an~zatlons ~
a~ed in the local community. The permits were ~~sued
desCrlbl~g the June 28 through July 4 period of sale Slnce
most perm7ts are issued sometime in February 1980. The new more
restr~c-tive period of sale was discovered only a few
the commencement of the 1980 Independence Day Holiday sea-
son. To suddenly inform these sellers of the change of the
City policy regarding the period of fireworks sale imme-
diately before the Independence holiday season would seri-
ously impair the fund raising efforts of these non-
profit community based organizations and prevent these groups
from contributing to the needs of the citizens of our
community through the use of funds so earned from fireworks sales.
In future years such groups can plan for the more
restrictive period of fireworks sales from July 1 through July 4
should the City desire to continue to adhere to this
shortened sale
period.SECTION
III:THEREFORE, pursuant to the prOV1S10ns of Sections
36934 and 36937 of the California Government Code, and in order
to protect the public safety, health and welfare, the
City Council hereby adopts this interim ordinance as an
urgency measure which shall become effective immediately for
the 1980 Independence Day Holiday season
only.ADOPTED this 24th day of June,
1980.
Orange
ATTEST:a2.tC~4--"'" / 9-
c. ~?'C~City Clerk/of tn CitY
of Orange STATE
OF CALIFORNIA COUNTY
OF ORANGE CITY
OF
ORANGE ss I MARILYN J JENSEN City Clerk of the City of
Orange, California,1 1 introducedread-DO HEREBY CERTIFY tha t the foregoing ordinance waa regu
ar y ,ing in full waS waived was read by Title, was passed and adopted
at a regular meeting of the'City Council, City of Orange, California, held
on the 24th day of June, 1980, by the following vote,
to
wit:
AYES:
N0ES:ABSENT :BARRERA, SMITH, MAYOR BEAM,
PEREZ.
BEYER.
NONE.
NONE.
COUNCILMEN:COUNCIIl1EN :
COUN CIIl1EN :WITNESS my hand and seal this 25th day of
June, 1980.Wltlttl:17! 9/)el'
t~
lif>/V Marilyn
J. Jensen City Clerk of the City
of Orange 2 -