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HomeMy WebLinkAboutD- 5 Resolution for Ballot Measure for March 4, 2003 General Election to Prohibit Sales and Discharge of Fireworks lJ t. `AZUSA` AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: SONIA CARVALHO, CITY ATTORNEY VIA: RICK COLE, CITY MANAGER DATE: NOVEMBER 4,2002 SUBJECT: RESOLUTION FOR BALLOT MEASURE FOR MARCH 4,2003 GENERAL ELECTION TO PROHIBIT SALES AND DISCHARGE OF FIREWORKS RECOMMENDATION: It is recommended that the City Council adopt the proposed Resolution to place a measure on the March 4, 2003 general election ballot asking the voters whether they wish to prohibit the sales and discharge of fireworks within the City of Azusa. BACKGROUND: The following information summarizes the history of fireworks regulations in the City: History of Fireworks Regulations in Azusa Prior to May 17, 1971: No mention of fireworks in the City's municipal code. May 17, 1971: The City Council adopted, by a unanimous vote, an ordinance to permit the sale and display of safe and sane fireworks in the City from July 1st through July 5th of each year. November 8, 1988: Proposition H - An Advisory Measure Only- appeared on the City's special municipal election ballot. It read as follows: "Proposition H. Advisory Vote Only. Shall safe and sane fireworks be permitted within the City of Azusa for the Fourth of July?" November 29, 1988: The election was certified and the advisory vote resulted in 4,62 ORANGE/NGS/2736 - l- /� a votes to permit fireworks and 3,658 votes not to permit fireworks. 1996 The Council amended certain sections of the Fireworks Ordinance to clarify the application and permit process. October 2002 The Council adopted an ordinance prohibiting the discharge of safe and sane fireworks north of Sierra Madre Avenue with certain residential area exemptions. The Law Regarding Fireworks All types of fireworks are regulated under State law by the Health and Safety Code. Health and Safety Code §12640 authorizes cities to adopt their own prohibitions or permitting regulations. It is under this authority that the City adopted its ordinance in 1971 and amended its regulations in 1996 and 2002. The City's existing regulations are contained in Chapter 30 of its Municipal Code. All provisions of the Municipal Code adopted by the Council can be amended by the Council at any time, unless otherwise specified. Neither the Azusa Municipal Code nor State law contains any provisions which would limit the City's authority to amend or repeal its existing fireworks regulations. Recent Issues Since the City's fireworks regulations were first adopted in 1971, the areas near the City's canyons and foothills have experienced a significant amount of development. In addition,more development for those areas is currently under consideration. Furthermore, during this past summer and early fall, Azusa was one of many communities in California which were seriously impacted by wildfires. These fires caused the destruction of many homes and hundreds of acres of forest area, as well as other fire-related damage. The City Council and City staff members have become increasingly concerned over protecting the community,particularly in sensitive and high fire hazard areas, from the risk of fire and fire-related injuries. In response to these concerns, during the Fourth of July holiday residents were discouraged from discharging fireworks north of Sierra Madre Avenue because of the dry brush conditions existing in the City's canyon and foothill areas. As mentioned above, the City Council subsequently adopted an ordinance to permanently prohibit the discharge of safe and sane fireworks north of Sierra Madre Avenue. In light of the continuing development in areas near the canyons and foothills, the City Council Committee and City staff have since questioned whether the specific prohibition for Sierra Madre Avenue provides enough protection for Azusa residents and their properties. Consequently,City staff requested that the City Attorney prepare documents necessary to place a measure on the ballot for the March 2003 election concerning the prohibition of all sales and discharge of fireworks within the City. Since such an action could prove to be The specific information prepared by the City Attorney includes: (1) an ordinance amending the City's existing fireworks regulations to prohibit all sales and discharge of fireworks; (2) a ORANGFJNGS/2736 -2- resolution to submit a measure to the voters on the March 4, 2003 general election ballot, asking voters to adopt the ordinance; and (3) a resolution providing for the filing of arguments for and against the measure. These documents are attached for your review. FISCAL IMPACT: Because a regular election is already scheduled for March 2003 the placement of the measure on the ballot will have no significant costs. Attachments: Resolutions Ordinance ORANGE/NGS/2736 -3- MEASURE"M" IMPARTIAL ANALYSIS BY CITY ATTORNEY Under the Health and Safety Code, general law cities, such as the City of Azusa, are authorized to regulate fireworks. Pursuant to Section 12640 of the same Code, they can adopt their own prohibitions or permitting regulations. The passage of Measure "M" by a majority of the voters in the City would enact Ordinance No. 2003-I. This ordinance amends Chapter 30 of the Azusa Municipal Code to prohibit the sale and discharge of fireworks within the City of Azusa. This ordinance, however, does provide for the discharge of professional fireworks at celebrations of a public or semi-public nature, if a permit is obtained in advance of the celebration. Currently, the City of Azusa's prohibition of fireworks is limited to north of Sierra Madre Avenue. This ordinance would expand the prohibition to encompass all of the City of Azusa. If approved, the measure will add the necessary authorizing provisions to the Azusa Municipal Code. A "yes" vote on the measure is a vote to approve and authorize the City to prohibit the sale and discharge of fireworks within the City of Azusa. A "no" vote is a vote against extending the prohibition to the entire city. THE ABOVE STATEMENT IS AN IMPARTIAL ANALYSIS OF ORDINANCE NO. 2003-I. IF YOU DESIRE A COPY OF THE ORDINANCE, PLEASE CALL THE CITY CLERK'S OFFICE AT (626) 812-5233 AND A COPY WILL BE MAILED AT NO COST TO YOU. Sonia R. Carvalho City Attorney City of Azusa RVPUB\CZC\642907