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Home My WebLink About4998 1/0// RESOLUTION NO. 4998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF ARCADIA AT THE GENERAL MUNICIPAL ELECTION TO BE HELD APRIL 13, 1982, AN ORDINANCE FOR ADOPTION BY THE PEOPLE OF THE CITY OF ARCADIA PROHIBITING THE USE, DISCHARGE, SALE, POSSESSION, OR STORAGE OF FIREWORKS EXCEPT PUBLIC DISPLAYS PERMITTED AND REGULATED BY ORDI- NANCES OF THE CITY COUNCIL. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The City Council of the City of Arcadia hereby submits to the qualified electors of the City of Arcadia at the General Municipal election to be held April 13, 1982, a measure for the enactment of Ordinance No. 1736 which is set forth in Section 3 hereof. SECTION 2. Said measure shall be submitted to the voters at aforesaid General Municipal Election to be held in the City of Arcadia on April l3, 1982, and as set forth on the ballot, shall reas as follows: "Shall the Ordinance of the People of the r City of Arcadia, No. l736, prohibiting the YES I i use, discharge, sale, possession, or storage of fireworks in the City of Arcadia, except public displays permitted and regulated by NO ordinances of the City Council, be adopted?ft A cross (+) placed in the voting square after the word "YES" in the manner hereinbefore provided shall be counted in favor of the adopt- ion of the measure. A cross (+) placed in the voting square after the word "NO" in the manner hereinbefore provided shall be counted against the adoption of the measure. SECTION 3. Said Ordinance No. 1736, which is proposed for adoption by the people of the City of Arcadia, reads as follows: -l- 4998 "ORDINANCE NO. 1736 AN ORDINANCE OF THE PEOPLE OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY REPEALING SECTIONS 3l14.3, 3131.1, 3131.2, 6424.1, 6424.2, 6424.2.1, 6424.2.2, 6424.2.3, 6424.2.4, 6424.2.5, AND 6424.2.6, AMENDING SECTION 3131, AND BY ADDING NEW SECTIONS 3131.3 AND 3131.4 TO DIVISION 1, PART 3, CHAPTER 1, ARTICLE III THEREOF, TO PROHIBIT THE USE, DISCHARGE, SALE, POSSESSION, OR STORAGE OF FIREWORKS, EXCEPT PUBLIC FIREWORKS DISPLAYS PERMITTED AND REGULATED BY ORDINANCES OF THE CITY COUNCIL. THE PEOPLE OF THE CITY OF ARCADIA DO ORDAIN AS FOLLOWS: SECTION 1. ~rhat the Arcadia Municipal Code shall hereby be amended by repealing Sections 3114.3, 3131.1, 3131.2, 6424.1, 6424.2, 6424.2.1, 6424.2.2, 6424.2.3, 6424.2.4, 6424.2.5, and 6424.2.6. SECTION 2. ~rhat the Arcadia Municipal Code shall hereby be amended by amending Section 3131 thereof to read as follows: '3131. FIREWORKS. USE AND DISCHARGE PROHIBITED. No person shall use, light, fire, discharge, explode or set off any fireworks as defined in the Arcadia Municipal Code by the Arcadia City Council by ordinance from time to time.' SECTION 3. That the Arcadia Municipal Code shall hereby be amended by adding a new Section 3131.3 to Division 1, Part 3, Chapter 1, Article III thereof to read as follows: '3131. 3. display for sale, Arcadia Municipal time to time.' FIREWORKS. SALE PROHIBITED. No person shall sell, possess, or store any fireworks as defined in the Code by the Arcadia City Council by ordinance from SECTION 4. That the Arcadia Municipal Code shall hereby be amended by adding a new Section 3131.4 to Division 1, Part 3, Chapter 1, Article III thereof to read as follows: -, '3131.4. PUBLIC DISPLAYS. Notwithstanding Sections 313l and 3131.3 of the Arcadia Municipal Code, the City Council of the City of Arcadia may at its discretion authorize and regulate the public display of fireworks by ordinance. I -2- 4998 -, SECTION 5. No person shall violate any provision, or fail to comply with any of the requirements of this ordinance, Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under any provision of this ordinance shall be punishable by a fine of not more than Five Hundred Dollars, or by imprisonment in the City Jailor County Jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and "very day during any portion of which any violation of any pro- vision of the ordinance is committed, continued, or permitted by such person and shall be punishable accordingly. SECTION 6. In addition to the penalties provided in the preceding section, any condition caused or permitted to exist in violation of any of the provisions of this ordinance shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. SECTION 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance 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 portions of this ordinance. The City Council of the City of Arcadia hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 8. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 9. The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption." SECTION 4. That the City Clerk shall certify to the passage and adoption of the resolution; shall enter the same in the book of original resolutions of said City; and shall make a Minute of passage and adoption thereof in the records of the proceedings of the City Council of said City, in the Minutes of the meeting at which the same is passed and adopted. I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of of the City Council of the City of Arcadia held On the 17th day of November, 1981, by the affirmative vote of at least three Councilmen, to wit: AYES: NOES: ABSENT: Counc ilmen None None Dring, Haltom, Pellegrino, Saelid and G~lb ~'4 day of ~z City Cle of the Cit~ia Nove . ~ of the City of Arcadia 1ty er -3- 4998