O 699 ORDINANCE NO. 699
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING CHAPTER 8.08 OF THE ARROYO GRANDE
MUNICIPAL CODE RELATING TO THE DISCHARGE OF SAFE AND
SANE FIREWORKS
WHEREAS, Arroyo Grande Municipal Code Chapter 8.08 of Title 8 regulates the sale
and use of "safe and sane" fireworks and establishes a process for the issuance of the
necessary permits; and
WHEREAS, the City Council finds it is in the best interest of the City and its residents to
amend the fireworks ordinance in order to reduce the number of days "safe and sane
fireworks" may be discharged.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1. The above recitals and findings are true and correct and are incorporated
herein by this reference.
SECTION 2. Section 8.08.100 of Chapter 8.08 of Title 8 of the Arroyo Grande Municipal
Code is hereby amended in its entirety to read as follows:
8.08.100 Public discharge.
Discharge of "safe and sane fireworks" may only occur on July 4th in legally
permitted locations. No person under eighteen (18) years of age may possess or
discharge "safe and sane fireworks" except when under the direct supervision of a
person twenty-one (21) years of age or older.
SECTION 3. This Ordinance is not a "project" under the California Environmental Quality
Act (CEQA) pursuant to CEQA Guideline Section 15378(b)(5), which applies to
organizational or administrative activities of governments that will not result in direct or
indirect physical changes in the environment.
SECTION 4. A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text
of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen
(15) days after adoption of the Ordinance, the summary with the names of those City
Council members voting for and against the Ordinance shall be published again, and the
City Clerk shall post a certified copy of the full text of such adopted Ordinance. This
Ordinance shall take effect and be in full force and effect thirty (30) days after its passage.
ORDINANCE NO. 699
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SECTION 5. This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
SECTION 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
On motion of Council Member Storton, seconded by Council Member George, and by
the following roll call vote, to wit:
AYES: Council Members Storton, George, Paulding, Barneich
NOES: None
ABSENT: Mayor Ray Russom
the foregoing Resolution was passed and adopted this 23rd day of April, 2019.
ORDINANCE NO. A/
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ATTEST:
KELLY El" ORE, CITY CLERK
APPROVED AS TO CONTENT:
fOliJIM BERG - MANAGER
APPROVED AS TO FORM:
EATHER K. WHITHAM, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached Ordinance No. 699 which was introduced at a regular meeting of the
City Council on April 9, 2019; was passed and adopted at a regular meeting of
the City Council on the 23rd day of April 2019; and was duly published in
accordance with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 25th
day of April 2019.
KELLY WET i ORE, CITY CLERK