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HomeMy Public PortalAboutOrdinance 11-9431 1 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. RIV #4848 - 8543 -8984 v DRAFT -1- PASSED, APPROVED, AND ADOPTED this 15th day of March, 2011. ATTEST: iYI. Ate/ City Clerk • MAYOR PRO TE APPROVED AS TO FORM: U 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: Councilmember -Blum, Sternquist, Yu, Chavez NOES: Councilmember -None ABSENT: Councilmember - Vizcarra ABSTAIN: Councilmember -None City Clerk RIV #4848 - 8543 -8984 vl DRAFT 1 1 1