HomeMy WebLinkAbout11-06 Amending Municipal Code Regarding Fireworks SalesORDINANCE NO. 11-6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA AMENDING TITLE 9
OF THE COSTA MESA MUNICIPAL CODE REGARDING
FIREWORKS SALES.
WHEREAS, the City Council has received numerous requests from non-profit
organizations that sponsor fireworks stands to modify and extend the days allowed for
fireworks sales to June 30t" through July 4t", in order to have the opportunity to increase
their sales over the holiday period; and
WHEREAS, this year July 4t" falls upon a Monday, making celebration of the
holiday difficult for many working families; and
WHEREAS, several other cities in Orange County allow for the discharge of
fireworks for several days leading up to the Fourth of July and the City Council wishes
to provide the same opportunity to City residents; and
WHEREAS, it is the intent of the City Council within the year following the
enactment of this Ordinance to conduct a review of the outcome for possible future
revisions of this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Subsection (d) of Section 9-190 of Title 9, Chapter II, Article 8
(Fireworks Sales) of the Costa Mesa Municipal Code is hereby amended as follows:
Sec. 9-190. Prohibitions; state permit required.
(d) No person shall sell or offer for sale fireworks within the city unless such sale
occurs between June 30th and 9:00 p.m. on July 4t", inclusive.
Section 2. Subsection (e) of Section 9-190 of Title 9, Chapter II, Article 8
(Fireworks Sales) of the Costa Mesa Municipal Code is hereby amended as follows:
Sec. 9-190. Prohibitions; state permit required.
(e) No person shall discharge any fireworks of any kind within the city,
except on the dates of July 2nd through July 4t" between 4:00 p.m. and
10:00 p.m. on such days.
Section 3. Inconsistencies. Any provision of the Costa Mesa Municipal Code
or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to effect the provisions of this Ordinance.
Section 4. Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any
person, is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portion of this Ordinance or its application to other persons. The City Council
hereby declares that it would have adopted this Ordinance and each chapter, article,
section, subsection, subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or portions of the application thereof to any person, be declared
invalid or unconstitutional. No portion of this Ordinance shall supersede any local,
State, or Federal law, regulation, or codes dealing with life safety factors.
Section 5. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same to be published and posted
pursuant to the provisions of law.
Section 6. This Ordinance shall take effect and be in full force thirty (30) days
from and after the passage thereof, and prior to the expiration of fifteen (15) days from
its passage shall be published once in the DAILY PILOT, a newspaper of general
circulation, printed and published in the City of Costa Mesa or, in the alternative, the
City Clerk may cause to be published a summary of this Ordinance and a certified copy
of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days
prior to the date of adoption of this Ordinance, and within fifteen (15) days after
adoption, the City Clerk shall cause to be published the aforementioned summary and
shall post in the office of the City Clerk a certified copy of this Ordinance together with
the names and member of the City Council voting for and against the same.
PASSED AND ADOPTED this 17th day of May, 2011.
ATTEST:
Julie Folcik, City Clerk
Gary Monahan
APPROVED AS TO FORM:
Thomas Du e, bity Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing Ordinance No. 11-6 was duly introduced for first reading at
a regular meeting of the City Council held on the 3 d day of May 2011, and that
thereafter, said Ordinance was duly passed and adopted at a regular meeting of the
City Council held on the 17th day of May, 2011, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
MONAHAN, RIGHEIMER, MENSINGER.
LEECE.
BEVER
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 25th day of May, 2011.
Q:�:� ': � � -�
J IE FOLCIK, CITY CLERK
(SEAL)
I hereby certify that the above and foregoing is the original of Ordinance No. 11-6 duly
passed and adopted by the Costa Mesa City Council at the regular meeting held May
17 2011, and that Summaries of the Ordinance were published in the Newport Beach -
Costa Mesa Daily Pilot on May 11, 2011 and May 25, 2011.
J IE FOLCI CITY CLERK
(SEAL)