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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,