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Home My WebLink About2001 083 CC RESO2001 083 CC RESO¹òw @˜Šø2001 RESO 2001-083–"[HnURESOLUTION NO. 2001-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2001, WITH THE CONSOLIDATED SCHOOL ELECTION TO BE HELD ON THE DATE PURSUANT TO 10403 OF THE ELECTIONS CODE. WHEREAS, the City Council of the City of Baldwin Park the City Council") is authorized and directed by statute to submit the proposed measure to the voters; and WHEREAS, the City Council desires to submit a measure to the voters asking whether an ordinance should be adopted to prohibit the sale, use, and/or possession of all fireworks, dangerous or otherwise, in the City of Baldwin Park; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: SECTION 1. Pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered, to be held in the City of Baldwin Park, California on Tuesday, November 6, 2001, a Special Municipal Election for the purpose of submitting a measure to the voters. SECTION 2. That the City Council, pursuant to its right and authority, does order, submitted to the voters at the Special Municipal Election the following question: MEASURE AShall an ordinance be adopted which would prohibit the sale, use, and/or possession of all fireworks, including safe and sane fireworks, within the City of Baldwin Park? YES NO SECTION 3. That the proposed complete text of the Ordinance submitted to the voters is attached as Exhibit A". SECTION 4. That the ballots to be used at the election shall be in the form and content as required by law. BIB] 37210-U01 2001-U02 RESO-U02 2001-083-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8495-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 083-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8495-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 083 CC RESO¹òw @˜Šø2001 RESO 2001-083–"[HnUResolution No. 2001-083 Page 2 SECTION 5. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 6. The polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed except as provided in Section 14401 of the Elections Code of the State of California. SECTION 7. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 8. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in the time, form and manner required by law; and WHEREAS, it is desirable that the Special Municipal Election be consolidated with the School Election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the County Election Department of the County of Los Angeles canvass the returns of the Special Municipal Election and that the Election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK FURTHER RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: SECTION 9. That pursuant to the requirements of 10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the School election on Tuesday, November 6, 2001, for the purpose of submitting Measure A Section 2 above) to the voters. SECTION 10. That the county election department is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 11. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election. BIB] 37210-U01 2001-U02 RESO-U02 2001-083-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8495-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 083-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8495-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 083 CC RESO¹òw @˜Šø2001 RESO 2001-083–"[HnUResolution No. 2001-083 Page 3 SECTION 12. That the City of Baldwin Park recognizes that the County by reason of this consolidation, will incur additional costs and agrees to reimburse the County for any costs. SECTION 13. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of Los Angeles. SECTION 14. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED and ADOPTED on this 1st day of August 2001. MANUEL LOZWO, MAYOR BIB] 37210-U01 2001-U02 RESO-U02 2001-083-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8495-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 083-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8495-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 083 CC RESO¹òw @˜Šø2001 RESO 2001-083–"[HnUResolution No. 2001-083 Page 4 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF BALDWIN PARK ss. I, Rosemary M. Ramirez, Chief Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of Baldwin Park at its regular meeting of the City Council held August 1, 2002, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Marlen Garcia, Ricardo Pacheco and Mayor Pro Tern Linda Gair Bill Van Cleave and Mayor Manuel Lozano None None Rosemary M. Ramirez, CMC Chief Deputy CTTy32lerk APPROVED AS TO FORM Arnold^fvarez-Glasman City Attorney BIB] 37210-U01 2001-U02 RESO-U02 2001-083-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8495-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 083-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8495-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 083 CC RESO¹òw @˜Šø2001 RESO 2001-083–"[HnUExhibit A' ORDINANCE NO. AN ORDINANCE OF THE CITY OF BALDWIN PARK AMENDING TITLE X, CHAPTER 93 OF THE BALDWIN PARK MUNICIPAL CODE, SECTIONS 93.01 THROUGH 93.11, CONCERNING THE SALE AND USE OF FIREWORKS, IN ORDER TO PROHIBIT THE SALE, USE, AND/OR POSSESSION OF ALL FIREWORKS, INCLUDING SAFE AND SANE, WITHIN THE CITY OF BALDWIN PARK WHEREAS, at the Special Municipal Election held on November 6, 2001, the electors of the City of Baldwin Park approved Measure A pertaining to the prohibition of the sale, use, and/or possession of all fireworks, dangerous or otherwise, within the City; NOW, THEREFORE, THE PEOPLE OF THE CITY OF BALDWIN PARK DO ORDAIN AS FOLLOWS: SECTION 1. Title IX, Chapter 93 of the Baldwin Park Municipal Code is hereby amended by repealing sections 93.01 through 93.11 in their entirety. SECTION 2. Title IX, Chapter 93 of the Baldwin park Municipal Code is hereby amended to read as follows: CHAPTER 93 FIREWORKS Section 93.01 Definitions 93.02 Prohibition on Sale, Use, and/or Possession; Exceptions; Permits for Public Displays 93.03 Disposal of Unfired Fireworks 93.04 Exception 93.05 Seizure of Fireworks 93.01 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DANGEROUS FIREWORKS. Shall be defined as set forth in Cal. Health & Safety Code 12505. BIB] 37210-U01 2001-U02 RESO-U02 2001-083-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8495-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 083-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8495-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 083 CC RESO¹òw @˜Šø2001 RESO 2001-083–"[HnUOrdinance No. Measure A" Page 2 FIREWORKS. Shall be defined as set forth in Cal. Health & Safety Code 12511. PERSON. Person" means any person, copartnership, organization, firm, corporation, association, or any combination thereof, or any county, school district, or state, and shall include any of their employees and authorized representatives. QUALIFIED PERSON. Any county, school district or state agency; and any local nonprofit organization, corporation association, or group organized primarily for veteran, patriotic, religious, civic or charitable purposes. The majority of the members of such organization must either reside, be employed, or own a business in the City. SAFE AND SANE FIREWORKS. Shall be defined as set forth in Cal. Health & Safety Code 12529. 93.02 PROHIBITION ON SALE, USE, AND/OR POSSESSION; PERMITS FOR PUBLIC DISPLAYS. A) No person shall sell, offer to sell, have in his possession, or use or explode any dangerous fireworks within the city. B) Except as hereinafter provided, it shall be unlawful for any person to possess, store, to offer for sale, expose for sale, sell at retail or use or explode any fireworks, including safe and sane fireworks, with the exception that the Chief Executive Officer shall have power to adopt reasonable conditions, procedures, and regulations for the granting of permits to a Qualified Person for supervised public displays of fireworks. Every such use or display shall be handled by a competent operator approved by the Chief Executive Officer and shall be of such character and so located, discharged or fired so as, in the opinion of the Chief Executive Officer, or her designee, after proper investigation, not to be hazardous to property or endanger any person. C) Applications for permits shall be made in writing at least 60 days in advance of the proposed date of the display. If such privilege is granted, possession and use of fireworks for such public display shall be lawful for that purpose only. No permit granted hereunder shall be transferable. D) Notwithstanding any other provision of this Code, a violation of Sections 93.02 A) and B) shall be deemed to be a misdemeanor. BIB] 37210-U01 2001-U02 RESO-U02 2001-083-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8495-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 083-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8495-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 083 CC RESO¹òw @˜Šø2001 RESO 2001-083–"[HnUOrdinance No. Measure A" Page3 93.03 DISPOSAL OF UNFIRED FIREWORKS Any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining. 93.04 EXCEPTION Nothing in this article shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes of illumination. 93.05 SEIZURE OF FIREWORKS The Chief Executive Officer, or her designee, shall 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 chapter. SECTION 3. It is hereby declared that this Ordinance would have been passed sentence by sentence, paragraph by paragraph, and section by section, and that the provisions of this Ordinance are severable and, if for any reason any sentence, paragraph, or section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 4. The City Clerk shall certify to the adoption of this Ordinance, and the City Clerk shall cause this Ordinance to be posted or published as prescribed by law. APPROVED and ADOPTED this day of_______. Mayor Manuel Lozano ATTEST: APPROVED AS TO FORM Rosemary M. Ramirez, CMC Chief Deputy City Clerk Arnold Alvarez-Glasman City Attorney BIB] 37210-U01 2001-U02 RESO-U02 2001-083-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8495-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 083-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8495-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04