RES-2014-024RESOLUTION NO. 2014-024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, ORDERING THE SUBMISSION OF A
PROPOSED AMENDMENT TO THE CITY CHARTER 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, pursuant to authority provided by Section 3 of Article XI of the
Constitution of the State of California, Section 1302 of the Anaheim City Charter, and Section
1415(a)(2)(A) 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 a ballot measure proposing
amendments to the Charter of the City of Anaheim; and
WHEREAS, the City Council of the City of Anaheim is authori zed by the California
Constitution, the Anaheim City Charter, and by state statute to submit proposed amendments to the
Anaheim City Charter to the qualified electors of said City at said special municipal election. The
proposed Charter amendments contained in the measure ordered on the June 3, 2014 ballot do not
alter any procedural or substantive protection, right, benefit, or employment status of any local
government employee or retiree or of any local government employee organization.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1
That, pursuant to Section 3 of Article XI of the California Constitution, Section 1302
of the Anaheim City Charter and Section 1415(a)(2)(A) of the Elections Code of the State of
California, it is hereby ordered that the following ballot measure proposing amendments to the
Charter of the City of Anaheim be submitted to the qualified electors of said 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 on Attachment No. 1 hereto and incorporated herein by
this reference as if set forth in full.
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
City Charter Section 1214 be added to permit the
sale, possession and use of safe and sane fireworks
in the City of Anaheim if such activities comply
with restrictions and regulations adopted by City
Council ordinance?
SECTION 2
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 3
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 4
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 5
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 6
That the City Clerk shall certify to the passage and adoption of this resolution and
enter it into the book of original resolutions.
2
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this4tWay of Feb., 2014, by the following roll call vote:
AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN: None
CITY AH
By ( / Z
MA OR OF THE CITY OF ANAHEIM
ATTE a&
CITY CLERK OF THE CITY OF ANAHEIM
Doc. No. 99771 v.5
Attachment No. 1 to City Council Resolution re Safe and Sane Fireworks
CHARTER AMENDMENT MEASURE NO. 4
Section l TEXT OF AMENDMENTS TO ANAHEIM CITY CHARTER
The City Charter of the City of Anaheim is hereby amended as follows ( underlining showing
additions and strike thfoug showing deletions):
Section 1214. SAFE AND SANE FIREWORKS PERMITTED IN CITY SUBJECT TO
RESTRICTIONS ADOPTED BY THE CITY COUNCIL.
By enactment of this Charter Section 1214 the voters hereby repeal Municipal Code
Section 6 40.030 (entitled "Safe and Sane Fireworks Prohibited "), which code section was
adopted by the voters of Anaheim in 1986 pursuant to Ordinance No. 4779 (part); no other
provision of Ordinance No. 4779 and Ordinance No. 5239 (as currently codified in Municipal
Code Chapter 6.40) is repealed by this Charter section. 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 ) shall be permitted, but only to the extent such
activities comply with restrictions and regulations adopted by ordinance of the City Council.
The City Council may by ordinance enact restrictions and regulations for the manufacture,
possession sale offering for sale, storage, display, disposal, ig'ving away, keeping in stock,
discharge firing: or setting off of safe and sane fireworks within the City. The use and sale of
safe and sane fireworks involve public safety, health, welfare and fire protection concerns;
therefore the voters of this City declare their intention that the City Council shall be afforded the
maximum discretion afforded by law with respect to enacting regulations and restrictions in
connection with the matters relating to safe and sane fireworks described in this Charter section.
Without limiting the scope of the City Council's legislative discretion to enact restrictions and
regulations the City Council may enact a permitting process to determine who may sell, store,
display, stock and give away safe and sane fireworks in the City and, further, may identify
geographic areas or locations in the Cif where the use and sale of safe and sane fireworks may
be prohibited (for example, city owned property such as parks and areas of the City where there
is significant threat of fire hazard). Neither adoption of this Charter Section 1214 nor the repeal
of Municipal Code section 6.40.030 shall in any manner affect the prosecution for violations of
ordinances which violations were committed prior to the effective date of this Charter section,
nor shall be construed as a waiver of any license or penalty or the penal provisions applicable to
any violation thereof.
Section 2 BALLOT DESCRIPTION
As provided in Government Code section 34458.5, the following ballot description is included in
this proposed Charter Amendment measure:
CAO -99925
CHARTER AMENDMENTS:
SAFE AND SANE FIREWORKS: This Charter Amendment measure would add Section 1214
to the City Charter to permit the sale, possession and use of safe and sane fireworks in the City of
Anaheim if such activities comply with the restrictions and regulations adopted by City Council
ordinance. This Charter amendment would thereby repeal a provision of the City's Municipal
Code that was adopted by the voters in 1986, which Municipal Code provision currently
prohibits the sale, possession and use of safe and sane fireworks. This amendment does not give
the City Council power to raise its compensation or that of other City officials without voter
approval.
Section 3: SEVERABILITY
It is the intent of the people that the provisions of this Charter Amendment measure are severable
and that if any provision of this Charter Amendment measure, or the application thereof to any
person or circumstance, is held invalid such invalidity shall not affect any other provision or
application of this Charter Amendment measure which can be given effect without the invalid
provision or application.
Section 4 EFFECTIVE DATE
This Charter Amendment measure shall become effective in the manner allowed by law.
CAO -99925