O 712 ORDINANCE NO. 712
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
necessary permits; and
WHEREAS, the City Council finds it is the best interest of the City and its residents to
amend the fireworks ordinance in order to reduce the hours which "safe and sane"
fireworks may be discharged, reduce the number of days "safe and sane" fireworks may
be sold, and to modify the construction and placement of fireworks stands.
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. Subsection A of Section 8.08.060 of the Arroyo Grande Municipal Code is
hereby amended in its entirety to read as follows:
8.08.060A Fireworks Stands— Construction and Placement
No fireworks stands shall be located within thirty(30)feet of any other building, within
one hundred (100)feet of a gasoline or other type of flammable fuel pump or storage
area, within five hundred (500)feet of another fireworks stand or less than one-eighth
of a mile from the city's boundary with another jurisdiction."
SECTION 3. Subsection A of Section 8.08.070 of the Arroyo Grande Municipal Code is
hereby amended in its entirety to read as follows:
8.08.070A Sales
Fireworks shall not be sold before noon on the twenty-eighth day of June and such
sales shall cease at nine p.m. on the fourth day of July. Sales during this time period
will be limited to nine a.m. to nine p.m. each day. Any permittee failing to observe
these hours designated for sale may have their permit revoked or be ineligible for a
permit in subsequent years.
SECTION 4. 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:
ORDINANCE NO. 712
PAGE 2
8.08.100 Public Discharge
Discharge of"safe and sane" fireworks may only occur on July 4th from the hours of
10 a.m. through 10 p.m. 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. No fireworks,
other than those meeting the definition of "safe and sane" fireworks, may be
possessed, manufactured, stored, sold, handled or used within the City.
SECTION 5. This Ordinance is exempt from the California Environmental Quality Act in
accordance State CEQA Guidelines, Article 18: Statutory Exemptions, Section
15282(h).This section of CEQA provides a statutory exemption for "the adoption of an
ordinance regarding second units [accessory dwelling units] in a single-family or
multifamily residential zone by a city or county to implement the provisions of Sections
65852.1 and 65852.2 of Government Code as set forth in Section 21080.17 of the Public
Resources Code." The City Clerk shall file a Notice of Exemption from CEQA review in
accordance with CEQA Guidelines.
SECTION 6. 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.
SECTION 7. This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
SECTION 8. 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 by Council Member Barneich, seconded by Council Member Storton, and on
the following roll call vote, to wit:
AYES: Council Members Barneich, Storton, Paulding, George, and Mayor Ray Russom
NOES: None
ABSENT: None
The foregoing Ordinance was passed and adopted this 22nd day of March, 2022.
ORDINANCE NO. 11 c)_ PAGE3
ATTEST:
SSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
HJTNEYDONAIJ5:CITY MANAGER
APPROVED AS TO FORM:
TIMOTH
OFFICIAL CERTIFICATION
I, JESSICA MATSON, 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. 712 which was introduced at a regular meeting of the
City Council on March 8, 2022; was passed and adopted at a regular meeting of
the City Council on the 22nd day of March 2022; 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 24th
day of March 2022.
SSICA MATSON, CITY CLERK