HomeMy Public PortalAbout8B Ordinance 11-943 Amendment to Firework Permit ProcedureAGENDA
ITEM 8.B.
MANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
DATE: March 15, 2011
TO: The Honorable City Council
FROM: Jose E. Pulido, City Manager( -17 -
By: Erica L. Vega, Assistant City Attorney
SUBJECT: ADOPTION 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 adopting on second 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 15, 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. Ordinance No. 11-943 was introduced
for first reading at the March 1, 2011 City Council meeting and is now presented for
adoption.
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 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.
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PASSED, APPROVED, AND ADOPTED this 1st day of March, 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 1s1 day
March 2011, and was duly passed, approved and adopted by said Council at the regular meeting held on the
15th day of March 201 1 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
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