HomeMy WebLinkAbout1984-04-17; City Council; 7716; Fireworks - Supporting SB 2333CIT JF CARLSBAD -AGENC'~BILL
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MTG. 4/17 /84
DEPT.1:.!.!L_
RECOMMENDED ACTION:
FIREWORKS -ADOPTION OF RESOLUTION
SUPPORTING SB 2333 AND RESOLUTION
SUPPORTING CITY OF SAN JOSE'S APPEAL
TO THE STATE SUPREME COURT
DEPT.HD~,
CITYATTY~
CITYMGA. ~:
1. Adopt Resolution No. 7o~ I supporting SB 2333 (Roberti).
2. Adopt Resolution No. 7.s7;i.._ supporting City of San Jos9•s appeal
to the State Supreme Court.
ITEM EXPLANATION:
The California Court of Appeals, First District, found on February 16,
1984 that a City of San Jose Ordinance banning the sale of safe and
sane fireworks was pre-empted by state law and was therefore invalid.
This decision has the potential of being applied to local juridictions
with similar ordinances. If this were to occur, Carlsbad would be
powerless to prohibit the sale of safe and sane fireworks.
In response to the appellate court decision:
1. The City of San Jose is appealing the decisi•1n to the State Supreme Court.
2. State Senator. Roberti has introduced legislation (SB 2333) which
would amend existing state law to allow local Jurisdictions to
regulate or prohibit the sale of safe and sane fireworks.
FISCAL IMPACT:
None.
EXHIBITS:
1. Letter from Senator Roberti and copy of SB 2333
2. Resolution No. 7.s-71 _
3. Resolution No. 7 9 -zg__
SACRAMIHTO ADOJ«IESS
STAT!! CAPITOL
SACRAMl!NTO. CA 115814
(11161 44S-83lXl
lllSTIUCT l<DDR!SS
8871 SUNSCT OOUll'IAAD. SUTI! ltl08
HOLLYWOOD. CA 90028
(213J 4U•I 178
REPLY TO:
0 DISTRICT OFFICE
0 SACRAMENfO OFFICE
April 4, 1984
Dear Friend:
DAVID ROBERTI
PRESIDENT PRO TEMPORE
atalif ornia ilregislature
TWENTY-THIRD DISTRICT
LOS ANGELES COUNTY
CHAIRMAN
SENAfE RULES
Sl?LECT COMMITTIII! ON SMALL
BUSINESS ENTERPRISES
COMMITTl!r!S
ELECTIONS ANO
REAPPORTIONMENT
INSURANCE ANO INDEMNITY
JUDICIARY
As you may know, in February, 1984, a San Jose ordinance banning
the sale of fireworks was ruled to be in conflict with the State
Fireworks Law and, therefore, invalid. This decision may nullify
similar ordinances in cities throughout the state.
Because of the extreme fire hazard posed by the mishandling of
fireworks in my district and in other areas of the state, I feel
that cities and counties should be allowed to ban the sale and
use cf fireworke within their jurisdictions.
At the urging of an ;,;.ssociation of forty-one horr.eowners groups in
Southern California, I have agreed to author an urgency bill that
permits cities and cou,1ties to prohibit or regulate the sale as
well as the use of fireworks.
If you agree that local governments should have a voice in
regulating fireworks, please write to me indicating your support
for the legislation that is enclosed.
Your corunents regarding this issue are impot~ant since you are
familiar with the possible problems associated with the use of
fireworks.
Thank you for your time and consideration. I look forward to
your reply.
Sincerely,
DR:lscl
Enclosure
t-,
SFNAT'R BTT,L N.A C)'l'll)
V• M4.1Vtl
Introduced by Senator Roberti
March 21, 1984
An act to amend Section 12541 of the Health and Safety
Code, relating to fireworks, and declaring the urgency
tltereof, to talce effect immediately.
1...s;:GISLATIVE COUNSEL'S DIGEST
SB 2333, as introduced, Roberti. Fireworks: counties and
cities.
Under existing law, the state has enacted a comprehensive
program regulating the sale ai:-id use of fireworks in the State
Fireworks Law, but has permitted counties and cities to
further regulate the use or discharge of fireworks. Existing
law, however, does not permit counties and cities to proliibit
or regulate the sale' of fireworks.
This bill would permit counties and cities to prohibit or
regulate the sale, as well as the use or discharge of fireworks.
The bill would talce effect jmmediately as an urgency
statute.
Vote: %. Appropriation: no. Fiscal committee: no.
State-mandated focal program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 12541 of the Health and Safety
2 Code is amended to read:
3 12541. Nothlng in this part shall authorize the sale,
4 use , or discharge of fireworks in any city or county in
5 which 9tteft the sale, use, or discharge is otherwise
6 prohibited or regulated by law or ordinance.
7 SEC. 2. Thi~ act is an urgency statute necessary for
8 the immediate preservation of the p1.,blic peace, health,
9 or safety \\ithin the mea.'ling of Article IV of the
1 Constitution and shall go into immediate effect. The facts
2 constituting the necessity are:
· 3 The use and discharge of fireworks permitted under
4 state law present a fire hazard in many areas in California
5 and local regulation of fireworks more restrictive than
6 state law .is necessary as a fire prevention measure in
7 these areas of the state. Therefore, in order that this act
8 may take effect prior to July 4, 1984, it is necessary for this
9 act to take effect immediately.
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l RESOLUTION NO. 7571
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD SUPPORTING THE CONCEPT OF LOCAL REGULATION
3 OF FIREWORKS
4 WHEREAS, the dangers of fireworks of all types have been
5 well documented in the State of California as evidenced by the
6 number ?f injuries and the loss of life and property due to the
7 use of fireworks, including fireworks which are purportedly
8 "safe and sane;" and
9 WHEREAS, extremely dense brush areas within the City and
10 adjacent to the City expose residents and property of the City
ll of Carlsbad to additional hazards and risks inasmuch as such
12 brush areas are especially susceptible to conflagration
13 proportioned fires caused by fireworks; and
14 WHEREAS, special~interest fireworks industry sponsors have
15 repeatedly attempted through massive and often questionably
16 ethical methods to circumvent the will of the communities which
17 have ado~ted ordinances regulating the sale and use of fireworks
18 within individual communities; and
19 WHEREAS, the First District Court of Appeals in the recent
20 case of ~ntura v. City of San Jose, although stating that cities
21 may regulate the~ of fireworks, held that local governments
22 a:-e preempted by state law from prohibiting the sal~ of "safe
23 and sane" fireworks; and
24 WHEREAS, the regulation of "safe and sane" fireworks has
25 traditionally been a matter of local concern and is strictly
26 a municipal affair and should not be su,erceded by any state
27 legislation; and
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WHEREAS, the most effective method of regulating the use
of fireworks is through the regulation of the sale of fireworks.
NOW, THEREFOR~, THE COUNCIL OF THE CITY OF CARLSBAD RESOLVES
AS FOLLOWS:
Section 1. The Council supports Senate Bill 2333 (Roberti)
&uthorizing cities and counties to regulate or prohibit the sale,
use, and discharge of fireworks.
Section 2. The Council urges the State Legislature to
approve Senate Bill 2333.
Section 3. Th~ Council authorizes the City Manager and
11 Fire Chief to take all steps necessary to communicate the
12 position of the Council to the members of the Legislature, the
13 Governor, and such other organizations, agencies, or entities
14 which they may deem appropriate.
15 PASSED AND ADOPTED at a regular meeting of the City Council
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of the City of Carlsbad held on the 17thday of April
by the following vote, to wit:
AYES: Council M::s'rbers easier, Lewis, Kulchin and Prescott
NOES: None
ABSENT: Council M3nber Chick
ATTEST:
ALETHA L.
(Seal)
MARY CASW, R, Mayor
, 1984
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RESOLUTION NO. 7572
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 '>f 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
WHE~EAS, extremely dense brush areas within the City and
adjacent to the City expose residents and property of the City
of Carlsbad to additicnal 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 salt:.• 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~ 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 beet 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 effectivs method of regulating the use
of fireworks is through the regulation of the sale of fireworks.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF CARLSBAD
RESOLVES AS FOLLOWS:
Section l. 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 dec4sion 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 17th day of April
by the following vote, to wit:
AYES: Col.ll'X:il M:!nbers easier, Lewis, Kul.chin and Presoott
NOES: None
ABSENT: Council M:mber Chick
ATTEST:
ALETHA L. RAUTE
(Seal)
MARY CASfJ:R, Mayor
, 1984