HomeMy WebLinkAboutOrd 1272-2000IN THE CITY COUNCIL OF TIlE CITY OF SOUTH SAN FRANCISCO
ORDINANCE NO. 1272-2000
AN "URGENCY" ORDINANCE AMENDING TITI.E 10 OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE ENTITLED PUBLIC PEACE, MORALS
AND SAFETY ADDING CHAPTER 10.50 TO PROHIBIT THE SALE AND
USE OF FIREWORKS WITHIN CITY LIM1TS
WHEREAS, the City desires to reduce to the risk of injury to persons and
property associated with the use and disposal of fireworks; and
WHEREAS, the City is in a geographical area that is susceptible to an increased
fire risk due to climate conditions; and
WHEREAS, the City desires to reduce the risk of fire injury and property damage
attributed to the use and disposal of fireworks; and
fireworks.
WHEREAS, state law allows local regulation of the sale and use of all types of
NOW THEREFORE, the City Council of the City of South San Francisco does ORDAIN as
follows:
Section 1. Title 10, Chapter 10.50 is hereby added to the South San Francisco Municipal Code
and shall read as follows:
"TITLE 10 PUBLIC PEACE, MORALS AND SAFETY
Chapter 10.50 Sale and Use of Fireworks Prohibited
Section 1.
10.50.010: DEFINITIONS.
For the purposes of this Chapter, the words and phrases "fireworks," "safe and sane fireworks" and
"safe and sane and/or regulated fireworks" shall have the meanings ascribed to them in Sections
12500 et. seq. of the Health and Safety Code of the State of California.
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10.50.020: PROHIBITIONS
(a)
The manufacture of fireworks, safe and sane fireworks, or safe and sane and/or
regulated fireworks is prohibited within the City of South San Francisco.
(b)
It is unlawful for any person to sell, offer for sale, solicit the sale of, possess,
purchase, use, or ignite fireworks, safe and sane fireworks, or safe and sane and/or
regulated fireworks within the City of South San Francisco except as provided in this
Chapter.
10.50.030: EXCEPTIONS
(a)
Nothing in this article shall be construed as prohibiting the use of torpedoes, flares, or
fuses by railroads or other transportation agencies for signal purposes of illumination; or
the sale or use of blank cartridges for ceremonial purposes, athletic, or sports events or
military ceremonies or demonstrations; or the sale, discharge or displace of fireworks by
permittees having a permit as hereinafter provided; or the use and display of fireworks
of whatever nature by any person engaged in the production of motion pictures,
theatricals, or operas when such use and display is a necessary part of such production;
or the transportation of fireworks from any point outside of the City to any other point
outside of the City in the regular course of business so long as the fireworks are
contained within their original packages or containers.
(b)
Public displays of fireworks may be conducted by permit granted pursuant to Title 19 of
the California Code of Regulations.
10.50.040: PROVISIONS TO SUPPLEMENT STATE FIREWORKS LAW.
The provisions of this Chapter shall supplement and be construed in harmony with the "State
Fireworks Law" (Part 2, Division 11 of the Health and Safety Code of the State of California) and
other applicable provisions of the laws of the State of California.
10.50.050: SEIZURE OF FIREWORKS.
The City Manager, or his designee, shall have the authority to 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 2. PUBLICATION AND EFFECTIVE DATE.
The City Council hereby finds that the use of fireworks of all types by untrained persons poses an
imminent threat of fire and injury to property and persons within the City. The Council also finds
that the City's present ability to restrict fireworks pursuant to the 1997 Uniform Fire Code is
inadequate to properly protect the residents of the City. Moreover, the City has entered the summer
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fire season and the threat of grass and other fires is higher than during other times of the year.
Therefore, the City adopts this Ordinance as an "urgency" Ordinance pursuant to California
Government Code section 36937 (b) for the immediate preservation of the public health and safety.
This ordinance shall be published once, with the names of those City Council members voting for
and against it, in the San Mateo Times, a newspaper of general circulation in the City of South San
Francisco, as required by law, and it shall become effective immediately after its adoption.
Section 3: SEVERABILITY
In the event any section or portion of this ordinance shall be determined invalid or
unconstitutional, such section or portion shall be deemed severable and all other sections or
portions hereof shall remain in full force and effect.
Introduced and adopted at a regular meeting of the City Council of the City of South San
Francisco, held the 28th day of June , 2000, by the following vote:
AYES:
Councilmembers Pedro Gonzalez, Eugene R. Mullin and John R. Penna, Mayor
Pro Tem Joseph A. Fernekes and Mayor Karyl Matsumoto
NOES: None.
ABSTAIN: None.
ABSENT: None.
As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this
28t~ day of June , 2000.
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