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Home My WebLink About2001 086 CC RESO2001 086 CC RESO¹òw @˜‹2001 RESO 2001-086–"[Hn]RESOLUTION NO. 2001-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE SUBMISSION OF MEASURE A TO THE VOTERS OF THE CITY AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2001 AS CALLED BY RESOLUTION NO. 2001-083 WHEREAS, a Special Municipal Election on Tuesday, Novembers, 2001 has been called by Resolution No. 2001-083, adopted on August 1, 2001, to submit to the voters a question relating to the prohibition of the sale, use, and/or possession of fireworks, dangerous or otherwise, in the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The City Council, pursuant to its right and authority, hereby orders that the following question be submitted to the qualified electors of the City at the Special Municipal Election of November 6, 2001: MEASURE A PROPOSED AMENDMENT JD_CHAPTER_9_3_QF.THE_MLINI.C1PAL CODE SHALL AN ORDINANCE BE ADOPTED THAT 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 2. The proposed Measure A submitted to the qualified electors is attached hereto as Exhibit A". SECTION 3. The specific sections of the Baldwin Park Code which shall be added and amended upon the passage of the proposed Measure A, and the wording of said sections shall be as stated in the attached Exhibit A". SECTION 4. The ballots to be used at said election shall, both as to form and matter, comply with the requirements of State law. SECTION 5. The City Clerk is authorized and instructed to produce 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. BIB] 37210-U01 2001-U02 RESO-U02 2001-086-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8496-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 086-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8496-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 086 CC RESO¹òw @˜‹2001 RESO 2001-086–"[Hn]Resolution No. 2001-086 Page 2 SECTION 6. The polls for said election shall be open at seven o'clock a.m. of the day of said election and shall remain open continuously from said time until eight o'clock p.m. of the same day when said polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 7. For all particulars not specified in this Resolution, said Special Election shall be held and conducted as provided by law for holding municipal elections in the City. SECTION 8. Notice of the time and place of holding said Special Election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said Special Election in the time, form, and manner as required by law. SECTION 9. The City Clerk shall fix the last day to file ballot arguments and post notice on or near the Council Chambers doors. Said arguments for and against shall not exceed 300 words, pursuant to Elections Code Sections 9282 and 9286. Mailing of sample ballots and polling place cards will commence not more than 40 days or less than 21 days before the Election, pursuant to Section 13303 of the Elections Code. SECTION 10. That the City Clerk shall certify to the adoption of this Resolution and shall cause the same to be processed in the manner required by law. APPROVED AND ADOPTED this 1 st day of August, 2001. MANiM L02MO'MAYORS BIB] 37210-U01 2001-U02 RESO-U02 2001-086-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8496-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 086-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8496-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 086 CC RESO¹òw @˜‹2001 RESO 2001-086–"[Hn]Resolution No. 2001-086 Page3 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK 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 on August 1, 2001 by the following vote: AYES: Pro COUNCILMEMBERS: Marlen Garcia, Ricardo Pacheco and Mayor Tern Linda Gair NOES: COUNCILMEMBERS: Bill Van Cleave and Mayor Manuel Lozano ABSTAIN: COUNCILMEMBERS: None ABSENT: LMEMBERS: None Rosemary M. Ramirez, CMC Chief Deput'^^yitu Clerk APPROVED AS TO FORM Arnold^Afvarez- Glasman Cit^Attorney BIB] 37210-U01 2001-U02 RESO-U02 2001-086-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8496-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 086-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8496-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 086 CC RESO¹òw @˜‹2001 RESO 2001-086–"[Hn]Exhibit 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 2001-086-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8496-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 086-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8496-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 086 CC RESO¹òw @˜‹2001 RESO 2001-086–"[Hn]Ordinance 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 2001-086-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8496-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 086-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8496-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 086 CC RESO¹òw @˜‹2001 RESO 2001-086–"[Hn]Ordinance No. Measure A" Page 3 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 2001-086-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8496-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 086-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8496-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04