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ITEM 9.D.
MANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
DATE: March 1, 2011
TO: The Honorable City Council
FROM: Jose E. Pulido, City Manager&
By: Erica L. Vega, Assistant City Attorney
SUBJECT: INTRODUCTION OF ORDINANCE NO. 11-943 — AMENDMENT TO
FIREWORKS PERMIT PROCEDURE
RECOMMENDATION:
The City Council is requested to:
a) Request the City Clerk read the title of proposed Ordinance No. 11-943;
b) Adopt a motion waiving further reading of proposed Ordinance No. 11-943; and
c) Adopt a motion introducing on first reading, by title only, proposed Ordinance No.
11-943.
BACKGROUND:
During the regular City Council meeting held on January 18, 2011, the City Council
reviewed the fireworks permit approval process. The current process limits the number
of fireworks permits that may be issued in any year to twelve. Fireworks permits are
granted first to any qualified applicant who also received a fireworks permit in the
previous year. If there are any permits remaining after all of the repeat applicants are
served, Section 3114(C) of the Temple City Municipal Code states that those permits
will be distributed to new qualified applicants on a first come, first served basis. At the
January 18, 2011, City Council meeting the Council directed staff to bring back an
ordinance that amended this process so that any remaining permits after all of the
repeat applicants are served will be distributed by lottery.
ANALYSIS:
Proposed Ordinance No. 11-943 amends Section 3114(C) of the Temple City Municipal
Code to eliminate the language saying that leftover permits will be distributed on a first
come, first served basis and replace it with language saying that such permits will be
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City Council
March 1, 2011
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distributed by lottery. This proposed Ordinance No. 11-943 also strikes language from
Section 3114(C) that contained the process for reducing the number of fireworks
permits issued annually to twelve, since that target has already been achieved.
However, the revised Section 3114(C) still limits the number of fireworks permits that
may be issued to twelve.
CONCLUSION:
The City Manager's Office is recommending that the City Council adopt proposed
Ordinance No. 11-943 because this ordinance implements the direction that the City
Council gave to staff at its January 18, 2011, meeting and proposes a fair method for
distributing fireworks permits to new permittees.
FISCAL IMPACT
Proposed Ordinance No. 11-943 will not have a fiscal impact on the City.
ATTACHMENT(S)
A. Proposed Ordinance No. 11-943
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ORDINANCE NO. 11-943
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMPLE CITY, CALIFORNIA, AMENDING SECTION
3114(C) OF THE TEMPLE CITY MUNICIPAL CODE
RELATING TO FIREWORKS PERMITS
WHEREAS, Section 3114(C) of the Temple City Municipal Code limits the number
of fireworks permits that may be granted annually to twelve permits; and,
WHEREAS, organizations that have received an annual fireworks permit are
entitled to obtain a fireworks permit for the subsequent year, provided that the
organization meets all of the qualifications and requirements of Temple City Municipal
Code Sections 3106 through 3118; and,
WHEREAS, in the event that less than twelve previously permitted organizations
seek an annual fireworks permit in any given year,
the Code provides that applications from new organizations will be considered on a first
come, first serve basis; and,
WHEREAS, the City Council desires to change the process of granting a fireworks
permit in the event of a vacancy to a lottery system.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS
FOLLOWS:
SECTION 1: Section 3114(C) of the Temple City Municipal Code is hereby
amended to read in its entirety as follows:
"C. No more than twelve (12) fireworks permits shall be issued in any year.
Fireworks permits shall be issued first to those qualified persons who held
a fireworks permit during the previous year. If there are any remaining
available fireworks permits after those seeking a repeat permit have been
considered, the remaining permits shall be distributed by lottery."
SECTION 2: The City Council hereby declares that, should any provision, section,
subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part
thereof, be rendered or declared invalid or unconstitutional by any final court action in a
court of competent jurisdiction or by reason of any preemptive legislation, such decision
or action shall not affect the validity of the remaining section or portions of the Ordinance
or part thereof. The City Council hereby declares that it would have independently
adopted the remaining provisions, sections, subsections, paragraphs, sentences,
clauses, phrases, or words of this Ordinance irrespective of the fact that any one or more
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provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words
may be declared invalid or unconstitutional.
SECTION 3: The City Clerk shall certify to the passage and adoption of this
Ordinance and to its approval by the Mayor and shall cause the same to be published
according to law.
PASSED, APPROVED, AND ADOPTED this day of 2011.
MAYOR
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
I, Mary Flandrick, City Clerk of the City of Temple City, hereby certify that the foregoing
Ordinance No. 11-943 was introduced at the regular meeting of the City Council of the
City of Temple City held on the 1st day March 2011, and was duly passed, approved and
adopted by said Council at the regular meeting held on the 15th day of March 2011 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
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