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86R-352 RESOLUTION NO. RnR-ll1? A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS. WHEREAS, a General Municipal Election is to be held in the City of Anaheim, California, on November 4, 1986, at which there will be submitted to the voters the following question: Shall Chapter 6.40 of the Anaheim Municipal Code be amended to prohibit (ban) the retail sale of all fire- works within the City of Anaheim and prohibit (ban) the possession or discharge of any fireworks within the City of Anaheim except pursuant to a public display permit issued by the Fire Chief? YES NO That the proposed initiative measure submitted to the voters is as follows: THE PEOPLE OF THE CITY OF ANAHEIM DO ORDAIN AS FOLLOWS: That Chapter 6.40 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "Chapter 6.40 FIREWORKS 6.40.010 DEFINITIONS. 'Dangerous Fireworks' as used in this chapter shall mean as defined in Section 12505 of the Health and Safety Code of the State of California or any successor provision thereto. 'Fireworks' as used in this chapter shall mean as defined in Section 12511 of the Health and Safety Code of the State of California or any successor provision thereto. 'Licensed Wholesale Business' as used in this chapter shall mean a person or entity holding an unrevoked wholesale business license and all other necessary state and local permits and licenses for the wholesale sale of fireworks. 'Person' as used in this chapter shall mean an individual, partnership, corporation, joint venture or other entity of any nature. 'Public display of fireworks' as used in this chapter shall mean as defined in Section 12524 of the Health and Safety Code of the State of California or any successor provision thereto. 'Safe and Sane Fireworks' as used in this chapter shall mean as defined in Section 12529 of the Health and Safety Code of the State of California or any successor provision thereto. 6.40.020 DANGEROUS FIREWORKS PROHIBITED. No person shall manufacture, possess, sell, offer for sale, store, display, dispose of, give away, keep stock, discharge, explode, fire or set off any Dangerous Fireworks within the City of Anaheim without a permit issued by the Fire Chief. 6.40.030 SAFE AND SANE FIREWORKS PROHIBITED. No person shall manufacture, possess, sell, offer for sale, store, display, dispose of, give away, keep stock, discharge, explode, fire or set off any Safe and Sane Fireworks within the City of Anaheim without a permit issued by the Fire Chief. 6.40.040 PERMIT FOR PUBLIC DISPLAYS. Notwithstanding any other provision of this Code, the Fire Chief of the City of Anaheim may grant permits for public displays of fireworks if the Fire Chief determines that all requirements of law are or will be complied with by the applicant and that granting any such permit will not be detrimental to the public peace, health or safety; otherwise said applica- tion shall be denied. Applications for such permits shall be filed with the Fire Chief not less than ten (10) days before the proposed public display and shall be accompanied by a detailed statement of the items of the proposed display. If the permit is granted, no items shall be displayed except as are contained in the statement and the Fire Chief may in granting the permit eliminate from the statement such items as he deems hazardous or impose conditions upon such permit as the Fire Chief shall deem reasonably necessary to protect the public peace, health and safety; and it shall be unlawful for the grantee of the permit to exhibit or display the eliminated items or to conduct such display in violation of any conditions so imposed. The public display shall be under the supervision of the Fire Chief and such persons as he shall designate and authorize. The fee for the permit shall be twenty-five dollars for each display. The display shall be held at the place and time designated in the permit. Such permit shall include the right to possess and transport said fireworks for the purpose of conducting such public display. 6.40.050 TIMES PERMITTED. It is unlawful for any holder of a public display permit to discharge any fireworks in the City of Anaheim from the hours of 10:00 p.m. to 8:00 a.m. unless permitted by the Fire Chief as an exception to this time limit. 6.40.060 SAME-APPEAL FROM DENIAL OF PERMIT If the Fire Chief denies the appli- cation, then the applicant may take an appeal from such action by filing a written notice of appeal with the City Council. Such written notice shall be filed with the City Clerk within ten (10) days of the date of the action of the Fire Chief and shall set forth the reasons for appeal from the action of the Fire Chief. Upon receipt of a notice of appeal, a hearing shall be set before the City Council not less than ten (10) days nor more than thirty (30) days from the date of the filing of the appeal. Upon such hearing the Council may deny the application or grant the application upon such conditions as the Council shall deem proper. 6.40.070 WHOLESALE BUSINESSES. Notwithstanding any other provisions of this Code, Licensed Wholesale Businesses may possess, sell, offer for sale, store or display Safe and Sane Fireworks solely for the purpose of the wholesale sale of said fireworks through established trade channels. 6.40.080 ENFORCEMENT OF CHAPTER. In addition to any other persons author- ized by law, the Fire Chief, all Chief Officers, members of the Fire Prevention Bureau, and arson investigators shall have the duty of enforcing the provisions of this Chapter. In connection with such enforcement, they are authorized to enter, free of charge, at any reasonable time, any place of business, or to approach any person apparently conducting or employed in the operation of a business, to verify compliance with the provisions of this chapter and with the Uniform Fire Code and any other Anaheim Municipal Code provisions related to fire- works enforcement. Such persons are hereby authorized to issue citations to persons violating any of the provisions of this chapter to appear in the Court of the North Orange County Judicial District at a time fixed in the citation, not less than five (5) days from the date of issuance of the citation unless a shorter period of time is requested by the person(s) to whom the citation is given, and such citation shall be deemed to be a complaint charging violations of this chapter. 6.40.090 SEVERABILITY. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or void, such decision shall not affect the validity of the remaining portions of this chapter. The people of the City of Anaheim hereby declares that they would have adopted and passed this chapter and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or void. 6.40.100 PENALTY FOR VIOLATIONS. Any person who violates any of the provi- sions of this chapter is guilty of misdemeanor and each such violation shall be punishable as set forth in Section 1.01.370 of this Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the initiative measure showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 2. That the City Clerk shall certify to he passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED ON July 29 , 1986. ATTEST: \L::) ~~ CITY CLERK /( S~C CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 86R-352 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 29th day of July, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 86R-352 on the 29th day of July, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of July, 1986. ~~ ;l(S--~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 86R-352 duly passed and adopted by the Anaheim City Council on July 29, 1986. ~'l ;t)~ CITY CLERK _-nO"._"",..~..,.,_..,""-=.~.,_,.~...~._",",___,,.,.~_,__,_..,...._"""'.=