HomeMy WebLinkAboutOrdinance No. 13-O2ORDINANCE NO. 13-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, AMENDING SECTIONS 30-137 AND 30-105(23) OF THE
AZUSA MUNICIPAL CODE RELATING TO ADMINISTRATIVE FINES
FOR THE DISCHARGE OF ILLEGAL FIREWORKS IN THE CITY
WHEREAS, the City of Azusa ("City"), pursuant to the police powers delegated to it by
the California Constitution, has the authority to enact laws which promote the public health,
safety, and general welfare of its citizens; and
WHEREAS, the City may enact an ordinance regulating fireworks within its jurisdiction
that is compatible with the State Fireworks Law (Health & Safety Code, § 12500 et seq.); and
WHEREAS, the City currently regulates fireworks pursuant to Article IV of Chapter 30
of the Azusa Municipal Code; and
WHEREAS, the Office of the Attorney General has published Opinion No. 07-503, in
which the Attorney General indicates that an administrative fine of $1,000 is acceptable for each
violation of an ordinance regulating fireworks; and
WHEREAS, the City wishes to amend Sections 30-137 and 30-105(23) of the Azusa
Municipal Code to increase the administrative fine to $1,000 for violations of its existing
fireworks regulations, where the violation involves the discharge of illegal fireworks.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
ORDAIN AS FOLLOWS:
SECTION I. FINDINGS. The above recitals are true and correct and are incorporated
herein by this reference.
SECTION 2. Section 30-137 of Division 2, Article IV, Chapter 30 of the Azusa
Municipal Code is hereby amended in its entirety and restated to read as follows:
"Sec. 30-137 Penalties.
(a) Whenever a peace officer charged with the enforcement of any provision of the
Municipal Code determines that a violation of this article has occurred, the peace officer shall
have the authority to issue an administrative citation to any person responsible for the violation.
(b) Whenever a peace officer charged with the enforcement of this article determines
that a violation of the article has occurred, the peace officer may issue an administrative citation
for each violation found to have occurred.
(c) Citations issued pursuant to this article shall carry administrative fines as follows:
(1) $1,000 for the first and subsequent violations of Section 30-102 involving
the discharge of illegal fireworks.
(2) $250 for the first violation and $500 for all subsequent violations of any
other provision of this article.
(d) Violations of this article may also be cited as criminal misdemeanor violations in
accordance with Chapter 1 of this code."
SECTION 3. Section 30-105(23) of Division 1, Article IV, Chapter 30 of the Azusa
Municipal Code is hereby amended in its entirety and restated to read as follows:
(23) The permit holder for each fireworks sales stand shall cause a sign to be
posted on each side of the stand declaring that the sale and discharge of non -safe
and sane fireworks is prohibited and that violation of the city's fireworks
regulations will result in criminal citations and/or civil fines of $250.00 to
$1,000.00 per violation."
SECTION 4. CEQA. The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly, or indirectly.
SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective thirty (30)
days after its adoption.
SECTION 6. SEVERABILITY. If any section, sentence, clause or phrase of this
Ordinance or the application thereof to any entity, person or circumstance is held for any reason
to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other
provisions or applications of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are severable. The City
Council of the City of Azusa hereby declares that it would have adopted this ordinance and each
section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 7. PUBLICATION. 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 7`h day of October, 2013.
oseph omero Rocha, Mayor
ATTEST:
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felfitSyOx6ence Cornejq, Jr., 01y Cl rk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA
I, JEFFREY LAWRENCE CORNEJO, JR., City Clerk of the City of Azusa, do hereby
certify that the foregoing Ordinance No. 13-02, was duly introduced and placed upon its first
reading at a regular meeting of the Azusa City Council on the 16`h of September, 2013 and that
thereafter, said Ordinance was duly adopted and passed at a regular meeting of the Azusa City
Council on the 7th day of October, 2013 by the following vote to wit:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: MACIAS
ss. _ ago- a
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APPROVED AS TO FORM:
R
Mato A. Martie ez, City ttorney