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HomeMy WebLinkAbout1984-04-17; City Council; Resolution 75723 J 1 2 3 4 5 6 7 e 9 IC 11 1% 12 14 15 1E 17 1E 1s 2c 21 22 2: 24 2E 2E 27 2E 0 RESOLUTION NO. 75 72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD SUPPORTING THE CONCEPT OF LOCAL REGULATION OF FIREWORKS WHEREAS, the dangers of fireworks of all types have been well documented in the State of California as evidenced by the number of injuries and the loss of life and property due to the use of fireworks, including fireworks which are purportedly "safe and sane;" and WHEREAS, extremely dense brush areas within the City and adjacent to the City expose residents and property of the City of Carlsbad to additional hazards and risks inasmuch as such brush areas are especially susceptible to conflagration proportioned fires caused by fireworks; 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 Jose, although stating that cities may regulate the - use of fireworks, held that local governments are preempted by state law from prohibiting 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sane" fireworks has traditionally been a matter of local concern and is strictly a municipal affair and should not be superceded by any state legislation; and // 3. 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2E 0: WHEREAS, the most effective method of regulating the use fireworks s through the regulation of the sale of fireworks. NOW, THEREFORE, THE COUNCIL OF THE CITY OF CARLSBAD 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 subject exclusively to local control and regulation. The City Manager and the Fire Chief are authorized to take all steps necessary to cummunicte this position of the Council to the members of the Legislature, the Governor, and such other organi- zations, agencies, or entities which they deem appropriate. Section 2. The Council also endorses and supports the appeal of the Ventura v. City of San Jose decision and authorizes the city attorney to participate on behalf of the city as an amicus curiae. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 17thday of April , 1984 by the following vote, to wit: AYES : council ars Casler, lewis, Kulchin and Prescott NOES: None ABSENT: Council Menber Chick ATTEST : - i MARY CASgR, Mayor (Seal 1 5'