HomeMy WebLinkAboutOTHER BUSINESS 05-07-84OTHER BUSINESS
TO:
FROH:
SUBJECT:
HONORABLE MAYOR AND CITY COUNCIL
JAMES G. ROURKE, CITY ATTORNEY
FIREWORKS
Please find enclosed resolution which we recommend be adopted.
JGR:se:D:4/27/84(61a)
Enclosure
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RESOLUTION NO. 84-38
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA,
SUPPORTING THE CONCEPT OF LOCAL
REGULATION OF FIREWORKS.
WHEREAS, the dangers of fireworks of all types have been
well documented throughout the State of California and the City of
Tustin specifically has experienced disastrous fires with injuries
and extensive loss of property due to the use of fireworks, includ-
ing fireworks designated as "safe and sane", which are known to the
City and its residents to be extremely hazardous to life and prop-
erty; and
WHEREAS, high density brush and other high fire hazard areas
exist within the City of Tustin and adjacent to the City, exposing
residents and property of the City of Tustin to exceptional hazards
~nd risks of fire, including those caused by "safe and sane" fire-
works; and
WHEREAS, the citizens of the City of Tustin have expressed
their opposition to the sale and use of all fireworks within the
community and such opposition includes action on ballot proposi-
tions in 1980 adopting a city ordinance prohibiting the sale and
the use of fireworks within the corporate limits of the City; and
WHEREAS, special-interest fireworks industry sponsors
have repeatedly attempted through massive and often questionably
ethical methods to circumvent the will of the communities which
have adopted ordinances regulating the sale and use of fireworks
within individual communities; and
WHEREAS, the First District Court of Appeals in the recent
case of Ventura_v. City of San Jos~, although stating that cities
may regulate the use of fireworks, has held that local governments
are preempted by State law from prohibiting the sale of "safe and
sane" fireworks; and
WHEREAS, the regulation of "safe and sane" fireworks has
traditionally been a matter of local concern and is strictly a
municipal affair and should not be superseded by any state legisla-
tion; and
WHEREAS, the most effective method of regulating the use
of fireworks is through the regulation of the sale of fireworks,
including complete prohibition where appropriate.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF TUSTIN
RESOLVES AS FOLLOWS:
Section 1. The Council urges the State Legislature to
reaffirm and expressly acknowledge the fundamental principle that
the sale, as well as the use, of "safe and sane" fireworks is a
matter of local concern and is strictly a municipal affair
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which should exclusively be subject to local control and regula-
tion. The City Manager is authorized to take all steps necessary
to communicate this position of the Council to the members of the
Legislature, the Governor, and such other organizations, agencies,
or entities they deem appropriate.
Section 2. The Council also endorses and supports the
appeal of the V~ntura v. City of San Jose decision and authorizes
the City Attorney enter the City as an amicus curiae in said liti-
gation on behalf of the position of the City of San Jose.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Tustin, California, held on the day of
May, 1984.
MAYOR
ATTEST:
CITY CLERK
JGR:se:D:4/27/84(61)
JGR:se:R:5/3/84