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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