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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