HomeMy WebLinkAboutOrdinance 1485 (Prohibiting Fireworks Storage and Sales)I
CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and
Ex -officio Clerk of the Council of said City, do hereby certify that
the foregoing Charter Ordinance No. 1485 entitled:
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL
OF SAN RAFAEL PROHIBITING THE USE OF PROPERTY
WITHIN THE CITY FOR THE STORAGE OR SALE OF
FIREWORKS, MAKING FINDINGS WITH RESPECT THERETO,
DECLARING THE URGENCY THEREOF, AND THAT IT SHALL
TAKE IMMEDIATE EFFECT.
is a true and correct copy of an ordinance of said City and was
introduced at a Regular meeting of the City Council
of the City of San Rafael, held on the 21st day of
May , 1984, published as required by City Charter in the
Independent -Journal , a newspaper published in the City
of San Rafael
and passed and adopted as
an ordinance of
said City at
a __ Reaular
meeting of the
City Council of
said City
held on the
21st day of May
1984, by
the following
vote, to wit:
AYES: COUNCILMEb1BERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
0
WITNESS my hand and the official seal
of the City of San Rafael this
31st day of • May ,
19-8-4.
JEANNE hi. LEONCINI ,, City Clerk
By: , "d, 0a&&W-v1
LINDA S. DOWNEY, Deputy C6ty Clerk
ORDINANCE NO. 1485
AN .INTERI1M URGENCY ORDINANCE OF THE CITY
COUNCIL OF SAN RAFAEL PROHIBITING THE USE OF
PROPERTY WITHIN THE CITY FOR THE STORAGE OR
SALE OF FIREWORKS, P,IAKING FINDINGS WITH RESPECT
THERETO, DECLARING THE URGENCY THEREOF, AND
THAT IT SHALL TAKE IMIEDIATE EFFECT.
WHEREAS, the California Court of Appeal, First Appellate
District, on February 16, 1984, filed its opinion in the case of
Anthony Ventura, et al. v. City of San Jose, et al.; and
WHEREAS, said opinion indicated, among other things, that the
field of retail sale of safe and sane fireworks was preempted by
State law and that local ordinances which operate as a total ban on
such sales are in conflict with such State law and are invalid; and
WHEREAS, the City of San Rafael, by adoption of the Uniform
Fire Code, 1976 Edition, as amended, has, at all times, prohibited the
manufacture, sale and discharge of fireworks within the jurisdiction
of the City of San Rafael; and
WHEREAS, the zoning codes of the City of San Rafael do not
provide for or address the issue of zoning and land use with respect
to the storage and sale of fireworks; and
WHEREAS, the City Council received and duly considered, the
Fire Chief's concern regarding the sale of so-called "safe and sane"
fireworks within the City; and
WHEREAS, the City Council of the City of San Rafael intends
to cause a study of zoning regulations for businesses which may wish
to engage in the storage and sale of such fireworks; and
WHEREAS, California Government Code, Section 65858 authorizes
the adoption as an urgency measure an interim ordinance prohibiting
any uses which may be in conflict with a contemplated zoning proposal
which the legislative body, Planning Commission or the Planning Depart-
ment is considering or studying or intends to study within a reasonable time.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES ORDAIN AS FOLLOWS:
SECTION 1; Intent and Purpose. It is recognized that the
storage and/or sale of fireworks of any type, including "safe and sane"
fireworks may require special zoning controls in order to protect the
0 LTTr_Q1' I Q LI - 7", 11 N, AN I J -I-
ORDINANCE NO. 1485
public safety, health and welfare. Special regulation of the uses
of property for the sale of fireworks is necessary to insure that
the danger to the public safety, health and welfare is mitigated
by the implementation of proper zoning controls which may include,
among other things, the utilization of conditional use permits.
Defined uses subject to this interim ordinance include the manufacture,
transportation, licensing, storage, sale and use of fireworks, includ-
ing safe and sane fireworks, as defined in Health and Safety Code
Sections 12500, et sea.
SECTION 2: Prohibition. No person shall cause or permit the
establishment in the City of San Rafael of a defined use listed in
Section 1 hereof.
SECTION 3: Violation. Violation of this ordinance is punish-
able by a fine of not more than Five Hundred Dollars ($500) or by
imprisonment in the County Jail for a period of not more than six (6)
months or by both such fine and imprisonment. Each day during any
portion of which any violation of any provision of this ordinance
is committed, continued or permitted, constitutes a separate and
individual offense.
SECTION 4: Definitions. For the purpose of this ordinance,
the prohibited uses listed in Section 1 hereof are defined as fire-
works, of any type, whether "safe and sane", or otherwise, all as
defined in Health and Safety Code, Sections 12500, et seq.
SECTION 5: Validity. If any section, subsection, sentence,
clause or phrase of this ordinance is for any reason held to be
invalid, such holding or holdings shall not affect the validity of
the remaining portions of this ordinance. The Council declares that
it would have passed this ordinance and each section, subsection,
sentence, clause and phrase thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses or phrases
be declared invalid.
SECTION 6: Declaration of Urgency. This interim ordinance
is in contemplation of an amendment to the San Rafael Municipal Code,
Title 14, zoning, and the City Council of the City of San Rafael
finds that the prohibition of the establishment of the defined uses
listed herein is urgently required to protect the public safety,
health and welfare, and that, absent such an interim ordinance, there
would be an immediate threat to the public health, safety, or welfare
and that the ordinance is further necessary to preserve and protect
the present and future character of property, for the orderly study
of applicable zoning alternatives and uses, and in order to permit
the preparation and implementation of proper and necessary zoning
amendments and controls.
The City Council finds that further facts constituting urgency
are as follows:
-2-
ORDINANCE NO. 1485
A. That safe and sane fireworks are among the most common
fireworks causing fires and injury.
B. That the City of San Rafael currently has no authorized
zone in which the sale of fireworks may be accomplished.
C. That the City of San Rafael has no established regula-
tions or controls with respect to such things as the storage,
transportation and control of fireworks; the type of building
which should be allowed for the storage and sale of fireworks;
whether or not the sale of such fireworks should be allowed
in parking lot areas; what parking requirements, if any,
should be imposed upon a business engaging in the sale of
fireworks; what signs should be allowed; what type of planning
fee should be instituted and whether or not conditional use
permits should be employed to effect necessary and valid controls.
D. That there is, based upon the evidence presented to the
City Council, a current and immediate threat to the public
health, safety and welfare and that the approval of additional
subdivisions, rezonings, land use permits, variances, building
permits or any other applicable entitlement for use which
is required in order to comply with the City of San Rafael's
current zoning ordinance would result in a current and imminent
threat to the public health, safety or welfare.
SECTION 7: Immediate Effect. This ordinance shall take effect
immediately upon its passage, and the City Clerk shall certify to the
passage and adoption of this ordinance and shall cause the same to be
published according to law.
SECTION 8: Maximum be Effective. This ordinance shall be in
effect for a period of time not to exceed that specified in Government
Code Section 65858.
�•V
FIRENC. E. MULRYAN, ayor
Attest:
JEANNE M. LEONCINI, City Clerk
By:
LIqDA S. DOWNEY, Deputy (6ity Clerk
The foregoing Ordinance No. 1485 was adopted as an Urgency
Ordinance of the City of San Rafael at a regular meeting of the
City Council of the City of San Rafael, held on the 21st
day of MAY , 19841, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANNE M. LEONCINI, City Clerk
BY: E , Depu� y Clerk