RES-2014-030RESOLUTION NO. 2014 -030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, REPEALING RESOLUTION
NO. 2014 -024 AND ORDERING THE SUBMISSION OF A
PROPOSED INITIATIVE MEASURE TO THE ELECTORS OF
SAID CITY AT THE SPECIAL MUNICIPAL ELECTION TO BE
HELD IN THE CITY ON JUNE 3, 2014 (MEASURE NO. 4—SAFE
AND SANE FIREWORKS)
WHEREAS, pursuant to Sections 1301 and 1302 of the City Charter, the City Council
of the City of Anaheim adopted City Council Resolution No. 2014 -025 calling and giving notice of
the holding of a special municipal election in the City of Anaheim to be held on Tuesday, June 3,
2014; and
WHEREAS, the City Council adopted Resolution No. 2014 -024 ordering the
submission of a ballot measure (Measure 4) proposing to the electors of the City at the June 3, 2014
special municipal election amendments to the Anaheim City Charter adding Section 1214 relating to
"safe and sane fireworks "; and
WHEREAS, the City Council now desires to repeal Resolution No. 2014 -024 and not
place the matter addressed therein before the voters as a Charter amendment but, instead, place
before the voters an initiative measure that amends the City Municipal Code's provisions relating to
"safe and sane fireworks" found in Anaheim Municipal Code Section 6.40.030; and
WHEREAS, pursuant to authority provided Section 1303 of the Anaheim City
Charter, and Section 9222 of the Elections Code of the State of California, the City Council of the
City of Anaheim desires to submit to the qualified electors of said City an initiative measure
proposing to repeal Anaheim Municipal Code section 6.40.030 ( "Safe and Sane Fireworks
Prohibited ").
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY RESOLVE AS FOLLOWS:
gFCTION 1
That City Council Resolution No. 2014 -024 is hereby repealed in its entirety and shall
be of no further force or effect.
SECTION 2
That, pursuant to Section 1303 of the Anaheim City Charter and Section 9222 of the
Elections Code of the State of California, it is hereby ordered that the following initiative measure
proposing amendments to the Anaheim Municipal Code be submitted to the qualified electors of said
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City at the special municipal election previously called by City Council Resolution No. 2014 -025 to
be held in said City on June 3, 2014:
Measure No. 4
The full text of Measure No. 4 (with additions to and deletions from the current
Charter text indicated thereon) is set forth below in Section 3.
Said Measure No. 4 shall appear upon the ballots for said special municipal election
in substantially the following form:
MEASURE Yes No
SAFE AND SANE FIREWORKS. Shall Anaheim
Municipal Code Section 6.40.030, which prohibits
(bans) the retail sale, possession or use of safe and
sane fireworks in the City of Anaheim except
pursuant to a public display permit issued by the Fire
Chief, be repealed and the City Council granted the
authority to regulate safe and sane fireworks?
SECTION 3
That the proposed initiative measure submitted to the voters is as follows:
ORDINANCE NO.
AN ORDIANNCE OF THE CITY OF ANAHEIM,
CALIFORNIA, AMENDING CHAPTER 6.40 OF
THE ANAHEIM MUNICIPAL CODE TO REPEAL
SECTION 6.40.030 ( "SAFE AND SANE
FIREWORKS PROHIBITED ")
THE PEOPLE OF THE CITY OF ANAHEIM DO ORDAIN AS FOLLOWS:
Section 1
That Chapter 6.40 of Title 6 of the Anaheim Municipal Code be, and the same is
hereby amended only as follows:
6.40.030 Repealed. SAFE AND SANE FIREWORKS PROHIBITED-.
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Section 2
That no other provision in Municipal Code Chapter 6.40 is repealed by this
ordinance.
Section 3
That the voters intend by repealing Municipal Code Section 6.40.030 to, and here by
do, grant the City Council all lawful power and authority pursuant to Charter
Section 505 to permit, prohibit, regulate and /or restrict the manufacture, possession,
sale, offer for sale, storage, display, disposal, giving away, keeping in stock,
discharge, firing or setting off of any "safe and sane fireworks" (as that term is
defined in California Health and Safety Code Section 12529 or any successor
provision thereto) by adopting ordinances relating to "safe and sane fireworks."
Section 4
That the repeal of Municipal Code Section 6.40.030 shall not in any manner affect
the prosecution for violations of ordinances, which violations were committed prior
to the effective date of this ordinance section, and shall not be construed as a waiver
of any license or penalty or the penal provisions applicable to any violation thereof.
Section 5
That the voters hereby declare that should any section, paragraph, sentence or word
of this ordinance, hereby adopted, be declared for any reason to be invalid, it is the
intent of the voters that they would have passed all other portions of this ordinance
independent of the elimination herefrom of any such portion as may be declared
invalid.
This is to certify that Ordinance No. in the exact form above written
was submitted to the voters as Measure _ on the ballot at the special municipal
election held June 3, 2014, and according to the Certificate of Canvass from the
Orange County Registrar of Voters received "yes" votes and "no"
votes.
That the declaration of results of this canvass was adopted by the Anaheim
City Council at their regular meeting held , 2014, in the form of
Resolution No. 2014- , and said Ordinance No. will be in full force and
effect 10 days following adoption of said declaration.
In witness whereof I have hereunto set my hand this day of , 2014.
CITY CLERK OF THE CITY OF ANAHEIM
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SECTION 4
That the City Clerk is authorized, instructed and directed to procure and furnish any
and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may
be necessary in order to properly and lawfully conduct the election.
SECTION 5
That the polls for the election shall be open at seven o'clock a.m. of the day of the
election and shall remain open continuously until eight o'clock p.m. of the same day when the polls
shall be closed, except as provided in Section 14301 of the Elections Code of the State of California.
SECTION 6
That in all particulars not recited in this resolution, the election shall be held and
conducted as provided by law for holding special municipal elections.
SECTION 7
That the notice of the time and place of holding the election is hereby given and the
City Clerk is hereby authorized, instructed and directed to give further or additional notice of the
election, in such time, form and manner as required by law.
SECTION 8
That the City Clerk shall certify to the passage and adoption of this resolution and
enter it into the book of original resolutions.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 18 day of February 2014, by the following roll call vote:
AYES: Mayor Tait and Council Members Murray, Eastman, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN: None
CITY AHEIM
By .�
MAY R OF iHt CITY OF ANAHEIM
ATTES"
CITY CLERK OF THE CITY OF ANAHEIM
Doe. No. 99771v.6