HomeMy WebLinkAboutOrdinance No. 12-O2URGENCY ORDINANCE NO. 12-02
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AZUSA, CALIFORNIA, AMENDING CHAPTER 30, ARTICLE IV,
SECTION 30-132 AND ADDING SECTION 30-133.5 RELATING TO THE
ISSUANCE OF FIREWORKS SALES PERMITS
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Urgency Findings. The City Council of the City of Azusa hereby adopts
this Urgency Ordinance based on the following:
A. Recently the City of Azusa ("City") directed staff to review the issues relating to
the process for issuance of permits to various non-profit organizations under Chapter 30 of the
Municipal Code relating to the sale of fireworks and directed staff to study these issues and bring
back any necessary amendments; and
B. After a review of the process for issuance of permits, City Staff has identified
certain additional improvements to the fireworks provisions that, if implemented, would make
the review process more efficient and help ensure the intent of permitting the sale of certain
fireworks by non-profit organizations; and
C. In addition, if these improvements are implemented in time for the 2012 fireworks
season, the City will further mitigate the use of unpermitted fireworks by making safe and sane
fireworks more accessible and provide local non-profit groups a fundraising mechanism to fund
local youth, civic and military support programs; and
D. The support programs funded by the sale of fireworks .include mental health
programs. If these improvements are implemented in time for the 2012 fireworks season, the
City will promote the preservation of the public health by ensuring greater funding for mental
health support programs; and
E. As a result, the City Council wishes to implement such requirements and finds
that this Urgency Ordinance is necessary to promote the immediate preservation of the public
peace, health and safety by providing additional safe and sane fireworks sales opportunities and
providing, reducing the use of illegal fireworks and the dangers associated with the use of illegal
fireworks and providing local non-profit and other groups a fundraising mechanism that results in
assistance to local youth civic and military programs.
Section 2. Section 30-132 of Article IV, Chapter 30 of the Azusa Municipal Code
shall be amended to read as follows:
"Sec. 30-132. Issuance of legacy retail sales permits.
(a) Upon the receipt on or before April 1 of each year of a written application
thereof, the city manager or his/her designee may, subject to the reduction
provided for in subsection (e) below, issue a maximum of 18 "legacy" permits
for the sale of safe and sane fireworks to nonprofit associations or corporations
organized for veteran, patriotic, youth serving, civic betterment or charitable
purposes which continue to:
(1) Support youth programs solely for students of the Azusa Unified School
District; or
(2) Meet all of the following:
a. Its principal and permanent meeting place in the city limits; and
b. Been organized and established in the city for a minimum of
three years continuously preceding the filing of the application
for the permit; and
c. Who meet regularly within the city; and
d. Has submitted all required application information.
(b) Only one permit shall be issued per organization regardless of the number of
individual chapters or subgroups associated with the organization, or meeting
within the City of Azusa; provided, however, that two permits may be issued to
Azusa High School, Gladstone High School, and Azusa Pacific University.
(c) The city manager or his/her designee shall either grant or deny the permit before
May 1. If the application for the permit is denied, the applicant organization may
appeal to the city council. After such investigation as it deems appropriate, the
city council may issue or refuse to issue the permit. If it issues the permit the city
council may attach such conditions to the permit as are required for the
protection of the public peace or safety.
(d) The decision of the city council upon the application shall be final.
(e) The 18 legacy permits issued for fireworks sales in July 2011 shall be deemed
permits on the "legacy permit list." If in any subsequent year any permittee on
the "legacy permit list" does not apply for or receive a sale permit pursuant to
this section 30-132 then the maximum number of permits as set forth in
subsection (a) herein shall be reduced by the number of permittees that do not
re -apply and the permittee(s) shall be removed from the "legacy permit list."
Retail sales permits are to be held by the applicant organization only and are not
transferable or subject to assignment for any reason whatsoever."
Section 3. Section 30-133.5 is hereby added to Article IV, Chapter 30 of the Azusa
Municipal Code to read as follows:
"See. 30-133.5 — Issuance of transitional retail sales permits.
(a) Notwithstanding the limitation of 18 legacy permits for the sale of safe
and sane fireworks to the organizations and groups described in
subsection (a) of Section 30-133, the City Council may also
"transitional" permits. The maximum number of transitional permits
that may be issued shall be equal to the difference between 23 and the
total number of then existing legacy permits, in accordance with the
requirements set forth below:
(1) On or before June 4, 2012 and each May 1st of every year
thereafter, the City Council shall, by resolution, determine the
number of transitional permits to be issued in that year and the
deadline for submittal of applications. In no event shall the
number of transitional permits exceed the difference between 23
and the total number of then existing legacy permits.
(2) Upon the receipt, on or before the deadline established by
resolution of the City Council, of a written application thereof,
the city manager or his/her designee may issue the maximum
number of transitional permits authorized in that year to
additional nonprofit associations or corporations described in
subsection (a) of Section 30-133 or to other groups that provide
services to active or reserve military personnel and/or their
families that are based in the City of Azusa (i.e. have their
principal and permanent meeting place in the city limits.).
(3) If more applications are received than transitional permits
available, the city manager shall award transitional permits
according to the following priority criteria:
a. First priority shall be granted to non-profit associations or
corporations who use proceeds from the sale of safe and
sane fireworks to exclusively benefit youth groups and
activities for youth in the City.
b. Second priority shall be granted to non-profit associations
or corporations who use proceeds from the sale of safe and
sane fireworks to benefit organizations in the City that are
organized primarily for veteran and military personnel,
patriotic, welfare, civic betterment or charitable purposes;
and
c. Third priority shall be granted to unincorporated groups
who use proceeds from the sale of safe and sane fireworks
to benefit active or reserve military personnel and/or their
families that are based in the City of Azusa (i.e. have their
principal and permanent meeting place in the city limits.).
(b) Where more applicants meet the priority criteria than the available
number of transitional permits, the city manager shall be allowed to
choose based upon random selection.
(c) Existing legacy permittees shall not be allowed to apply for transitional
permits."
Section 4. If any section, subsection, sentence, clause, phase, or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and
each section, subsection, subdivision, sentence, clause, phrase or portion thereof irrespective of
the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or
portions might subsequently be declared invalid or unconstitutional.
Section 5. CEOA Determination. The City Council finds that this urgency ordinance
is not subject to the requirements of the California Environmental Quality Act, pursuant to
(Guidelines) Section 15060(c)(2) & (3) as there is no potential for physical changes to the
environment as this ordinance implements administrative regulations only for the sale of
fireworks only.
Section 6. Effective Date. This Urgency Ordinance was adopted by the necessary
four-fifths vote of the members of the City Council pursuant to California Government Code
Sections 36934 and 36937, and shall take effect immediately upon its adoption for the
preservation of the public health, safety and welfare.
Section 7. This urgency ordinance was adopted by 4/5 vote of the City Council. The
City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as
required by law.
PASSED, APPROVED, AND ADOPTED this 2151 day of May 2012.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I, Candace Toscano, Assistant City Clerk of the City of Azusa, do hereby certify that the
foregoing Urgency Ordinance No. 12-02, was duly introduced and adopted at a regular meeting
of the City Council on the 2151 day of May, 2012, by the following vote of the Council:
AYES: COUNCIL MEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
6 µ
oseph Rocha
Mayor
ATTEST: )
Candace Toscano
Assistant City Clerk
APPROVED AS TO FORM:
Mar o A. Martine
City ttomey