HomeMy WebLinkAbout1984-04-17; City Council; Resolution 75712
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RESOLUTION NO. 7571
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 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a municipal affair and should not be superceded by any state
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, THEREFORE, THE COUNCIL OF THE CITY OF CARLSBAD RESOLVES
AS FOLLOWS:
Section 1. The Council supports Senate Bill 2333 (Roberti)
authorizing 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. The Council authorizes the City Manager and
Fire Chief to take all steps necessary to communicate the
position of the Council to the members of the Legislature, the
Governor, and such other organizations, agencies, or entities
which they may deem appropriate.
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 :
NOES: None
Council bQnbers Casler, Lewis, Kulchin and Prescott
ABSENT: Council Pkmber Chick
MARY CASPR, Mayor
ATTEST :
(Seal)
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