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HomeMy WebLinkAboutReso 012-88 6-7-88SpecElectionRESOLUTION NO- 12 -88 RESOLUTION OF THE CITY COUNCIL OF DUBLIN SUBMITTING A BALLOT PROPOSAL TO THE VOTERS FOR AN ADVISORY VOTE; DESIGNATING THE FORM IN WHICH THE ADVISORY MEASURE SHALL APPEAR ON THE BALLOT; CALLING AN ADVISORY ELECTION TO BE HELD IN CONSOLIDATION WITH A SPECIAL MUNICIPAL ELECTION ON JUNE 7, 1988; CONSOLIDATING THE SPECIAL MUNICIPAL ELECTION WITH THE STATEWIDE ELECTION TO BE HELD ON JUNE 7, 1988 BE IT RESOLVED by the Council of the City of Dublin as follows: WHEREAS, the City Council desires an advisory vote of the electors of the City of Dublin with respect to the enactment of an ordinance relating to the manufacture, sale and use of Safe and Sane Fireworks; WHEREAS, certain actions are required in connection with said election; NOW, THEREFORE, BE IT RESOLVED as follows: 1. That an Advisory Election to be held in consolidation with a Special Municipal Election in the City of Dublin on June 7, 1988 is hereby called. 2. That the City Council requests that the Special Municipal Election to be held in the City of Dublin'on June 7, 1988, be consolidated with the statewide election being held on June 7, 1988, pursuant to Elections Code ~ 23302. 3. That pursuant to Elections Code § 5353 the Council of the City of Dublin hereby submits to the voters a ballot proposal for an advisory vote with respect to the enactment of an ordinance, a copy of which is attached hereto as Exhibit A, prohibiting the manufacture, sale and use of "safe and sane fireworks" to be voted upon by the voters at said AdvisoryElection to be held in the City of Dublin on June 7, 1988. 4. That the ballot proposal shall appear and be printed upon the ballots to be used at the election as follows: ADVISORY VOTE ONLY Should the City Council of the City of Dublin enact an ordinance prohibiting the manufacture, sale and use of 'Safe and Sane Fireworks'? YES NO 5. That the City Clerk is hereby directed to cause the posting, publication and printing of notices and all other matters pursuant to the requirements of the Government Code and the Elections Code of the State of California. 6. That the City Clerk is further directed to file a copy of this resolution with the Alameda County Board of Supervisors and with the County Clerk and to transmit a copy of this resolution to the Alameda County Registrar of Voters on or before March 11 , 1988. January ATTEST: PASSED, APPROVED AND ADOPTED this , 1988. 25 th day of AYES: NOES: Councilmembers Hegarty, Moffatt, Snyder, Vonheeder & Mayor Jeffery None ABSENT: None City Ci~ -2- ORDINANCE NO. - 88 AN ORDINANCE OF THE CITY OF DUBLIN REGULATING THE MANUFACTURE, SALE AND USE OF "SAFE AND SANE FIREWORKS" The City Council of the City of Dublin does ordain as follows: Section 1. DEFINITIONS. For the purpose of this Ordinance, the words and phrases "fireworks", "safe and sane fireworks" and "safe and sane and/or regulated fireworks" shall have the respective meanings ascribed to them in Sections 12500 et. seq. of the Health & Safety Code of the State of California. Section 2. PROHIBITIONS. (a) The manufacture of fireworks or safe and sane fireworks or safe and sane and/or regulated fireworks is prohibited within the City of Dublin. (b) It is unlawful for any person to sell, offer for sale, solicit the sale of, possess, purchase, use, or ignite fireworks or safe and sane fireworks or safe and sane and/or regulated fireworks within the City of Dublin except as provided in this Ordinance. Section 3. EXCEPTIONS. (a) The City may conduct a public display of fireworks at an approved site. The City may contract with a licensed pyrotechnic operator to conduct the display. Any public display shall be performed in accordance with the rules and regulations of the State Fire Marshal. Section 4. PROVISIONS TO SUPPLEMENT STATE FIREWORKS LAW. The provisions of this Ordinance shall supplement and be construed in harmony with the "State Fireworks Law" (Part 2, Division 11 of the Health & Safety Code of the State of California) and other applicable provisions of the laws of the State of California. Section 5. SEIZURE OF FIREWORKS. The Fire Chief shall have the authority to seize, take, remove, or cause to be removed at the expense of the owner, all stocks of fireworks offered or exposed for sale, stored or held in violation of this Ordinance. Section 6. VIOLATION OF THIS ORDINANCE. Persons violating this ordinance shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine not to exceed $500 or by imprisonment in the county jail for a period not exceeding 30 days, or both such fine and imprisonment. Section 7. REPEAL OF DUBLIN ORDINANCE NO. 10-82 and NO. 12-82. Dublin Ordinances No. 10-82 and No. 12-82 are hereby repealed. Section 8. EFFECTIVE DATE AND POSTING OF ORDINANCE This ordinance is enacted as an urgency ordinance and shall take effect immediately. The facts constituting the urgency are the need to have the ordinance effective before June 28, 1988, in order that the ordinance will affect the sale and use of fireworks in connection with the 1988 Fourth of July celebration. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this day of , 1988, by the following vote: AYES: NOES: ABSENT: ATTEST: Mayor City Clerk