ORD 459ORDINANCE NO. 459
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, AMENDING TITLE 11,
CHAPTER 11.20 ("EXPLOSIVES") OF THE LA QUINTA
MUNICIPAL CODE TO ADD SECTION 11.20.220 TO
PROHIBIT THE STORAGE, USE, POSSESSION, AND
HADLING OF SAFE AND SANE FIREWORKS
WHEREAS, the City Council of the City of La Quinta is committed to
protecting the public health, safety, and welfare of the community, and to meet
these goals it is necessary for the City Council to adopt measures, from time to
time, to meet threats to the public health, safety, and welfare; and
WHEREAS, the State Fireworks Law, California Health & Safety Code
§ 12500 et. Seq., generally allows the sale of "safe and sane" fireworks under
certain conditions from noon June 28th through noon July 6th each year in the State
of California; and
WHEREAS, the City of La Quinta is authorized, pursuant to California Health
& Safety Code § 12541, to prohibit the sale, use, and/or discharge of safe and
sane fireworks within its jurisdiction; and
WHEREAS, the City of La Quinta experiences periods of extremely high
temperatures accompanied by low humidity and high winds each year that create a
significant risk of fire caused by the use, discharge, and/or sale of fireworks; and
WHEREAS, to avoid the threat to public health, safety, and welfare that
would occur if safe and sane fireworks were permitted in the City, it is necessary
to prohibit the storage, use, safe, possession, or handling of such fireworks in the
City of La Quinta.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES
ORDAIN AS FOLLOWS:
SECTION 1. AMENDMENT TO MUNICIPAL CODE TITLE 11 (PEACE MORALS AND
SAFETY): La Quinta Municipal Code chapter 11.20, entitled "Explosives," is
hereby amended to add section 11.20.220 to read as follows:
11.20.220 Safe and Sane Fireworks Prohibited.
A. The storage, use, sale, possession, discharge and handling of
safe and sane fireworks as defined in California Health & Safety Code
sections 12529 and 12562 is prohibited within the City of La Quinta.
Ordinance No. 459
Amending Title 11, Chapter 11.20 ("Explosives")
Add Section 11.20.220
Adopted: October 7, 2008
Page 2
B. Safe and sane fireworks within the City of La Quinta are subject
to confiscation and disposal by any peace officer or other City official
authorized to enforce the La Quinta Municipal Code.
SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect
thirty (30) days after adoption.
SECTION 3. POSTING: The City Clerk shall cause this Ordinance to be posted in
at least three public places designated by resolution of the City Council, and shall
certify to the adoption and posting of this Ordinance, and shall cuase this
Ordinance and its certification, together with proof of posting to be entered into
the BOOK OF ORDINANCES of the City of La Quinta.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council held on this 7`n day of October, 2008, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CrLI
DON AD PH, IV%Ayor
City of La Quinta, California
ATTEST:
VERONICA J. MONTECINO, CMC, City Clerk
City of La Quinta,_California
(SEAL)
Ordinance No. 459
Amending TNM 11, Chapter 11.20 I'Explaeivee'1
Add Section 11.20.220
Adopted: October 7, 2008
Page 3
APPROVED AS TO FORM:
-
MATH C JENSON, City
Oil ornley
City of La Ouinta, California
Ordinance No. 459
Amending Title 11, Chapter 11.20 (`Explosives")
Add Section 11.20.220
Adopted: October 7, 2008
Page 4
STATE OF CALIFORNIA ►
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA ►
I, VERONICA MONTECINO, City Clerk of the City of La
hereby certify the foregoing to be a full, true, and correct
459 which was introduced at a regular meeting on the 1
2008, and was adopted at a regular meeting held on the 7`n
not being less than five days after the date of introduction th
Quinta, California, do
copy of Ordinance No.
6t" day of September,
day of October, 2008,
ereof.
I further certify that the foregoing Ordinance was posted in
City of La • uinta as specified in City Council Resolution No.
VERONICA J. 1s40NT C 0, CMC, City Clerk
City of La OLuinta, California
DECLARATION OF POSTING
three places within the
2006-115.
I, VERONICA MONTECINO, City Clerk of the City of La Quint
hereby certify that the foregoing ordinance was posted on
pursuant to Council Resolution.
VERONICA J/MO ECINO, CMC, City Clerk
City of La Quinta, California
California,