HomeMy WebLinkAbout1984-04-17; City Council; Resolution 75723
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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a municipal affair and should not be superceded by any state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
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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'