HomeMy WebLinkAboutOrd 797 • ORDINANCE NO. 797
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY AMENDING CATHEDRAL CITY MUNICIPAL
CODE CHAPTER 5.80 "SALE AND DISCHARGE OF SAFE AND
SANE FIREWORKS" OF TITLE V "BUSINESS REGULATIONS"
TO PERMIT THE SALE AND DISCHARGE OF SAFE AND SANE
FIREWORKS FOR THE JULY 4T" HOLIDAY
WHEREAS, the City Council of the City of Cathedral City (the "City")
desires to permit the sale and discharge of safe and sane fireworks for the July
4th holiday; and
WHEREAS, Section 12643 of the California Health and Safety Code, Title
19 of the California Code of Regulations, and the California Fire Code regulate
the firework permit application process and the storage and the sale of safe and
sane fireworks; and
WHEREAS, in 2003, 2005, 2007, 2009, 2010 and 2013, the City Council
adopted Ordinance Nos. 575, 601, 638, 669, 694, and 723 respectively, which
allowed for the lawful sale and discharge of safe and sane fireworks for the
subsequent July 4th holidays within the jurisdictional boundaries of the City; and
WHEREAS, Chapter 5.80.030(D)(8) of the Municipal Code authorizes up
to six permits to sell safe and sane fireworks to be approved, and provides
preference to three entities in the permitting process; and
WHEREAS, the City Council desires to eliminate preference in permitting
for safe and sane fireworks, and to make other non-substantive clean up
revisions to Chapter 5.80.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY DOES ORDAIN AS FOLLOWS:
Section 1. AMENDING CHAPTER 5.80 "SALE AND DISCHARGE OF
SAFE AND SANE FIREWORKS" OF TITLE V "BUSINESS
REGULATIONS" OF THE CATHEDRAL CITY MUNICIPAL
CODE
Chapter 5.80 "Sale and Discharge of Safe and Sane Fireworks" of Title V
"Business Regulations" of the Cathedral City Municipal Code shall be amended
in its entirety to read as follows:
Chapter 5.80
SALE AND DISCHARGE OF SAFE AND SANE FIREWORKS
Section 5.80.010. Sale and Discharge of Safe and Sane Fireworks
Permitted Exclusively.
A. "Safe and Sane" fireworks as defined by Section 12529 of the
California Health and Safety Code may be sold and discharged
within the City pursuant to the provisions of this Chapter.
B. It shall be unlawful to offer for sale or to sell, or to discharge or
cause to be discharged, within City limits any fireworks not
designated by the State as "Safe and Sane" fireworks.
C. It shall be unlawful to offer for sale or to sell within City limits any
"Safe and Sane" fireworks without first obtaining a validly issued
permit as required by this Chapter.
D. It shall be unlawful to offer for sale or to sell within City limits any
"Safe and Sane" fireworks in violation of any provision of this
Chapter.
E. It shall be unlawful to discharge or cause to be discharged within
City limits any "Safe and Sane" fireworks in violation of any
provision of this Chapter.
Section 5.80.020. Definitions
For the purpose of this Chapter, unless otherwise apparent from the
context, certain words and phrases used in this Chapter are defined as
follows:
"Based in Cathedral City" means based and primarily operating within
the jurisdictional limits or boundaries of the City of Cathedral City and
comprised of and for the benefit of the residents of the City.
"Church" means a state-certified, tax-exempt religious organization which
has a permanent meeting place within the City limits.
"Civic/services organization" means a state-certified nonprofit
organization organized primarily for charitable purposes that has as its
principal and permanent meeting place within the City limits, maintains a
bona fide membership of at least twenty (20) members, and has been
organized, and meeting within the City limits for a minimum of five (5)
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years continuously preceding the filing of the application for the permits
issued pursuant to this Chapter.
"Fire Chief" means to include the authorized representative of the City's
Fire Chief.
"Lottery" means random drawing from a pool of qualified youth groups,
churches or civic/service organizations for selection by the City Council for
Firework Permits issued pursuant to this Chapter.
"Person" means any natural person and/or any organization or joint
venture, or a member thereof.
"Safe and sane fireworks" means those fireworks defined as "Safe and
Sane" by Section 12529 of the California Health and Safety Code and any
other applicable State law.
"School-based youth group" means a youth group comprised
exclusively of individual members whose maximum age does not exceed
eighteen (18) years of age and who regularly attend a private or public
school located within the City limits.
"Tax exempt" means a group with a Federal Tax Identification Number
which can be verified as a 501(c), 501(c)(4), or 501(c)(6) classification, in
good standing.
"Youth group" means a private organization based in Cathedral City and
organized for the purpose of participating in organized sports or civic
activities consisting of at least twenty (20) individual members whose
maximum age does not exceed eighteen (18) years of age.
Section 5.80.030. Permits Required to Sell Safe and Sane Fireworks
No person shall offer for sale or sell at retail any safe and sane fireworks
in the City without having first applied for and received the following
permits:
A. Permits Required.
1. Fireworks Program Permit. No person shall offer for sale or
sell at retail any safe and sane fireworks in the City without
having first applied for and received a Fireworks Program
Permit issued by the City's Fire Department.
2. Fireworks Safety Permit. No person shall offer for sale or
sell at retail any safe any safe and sane fireworks in the City
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without having first applied for and received a Fireworks
Safety Permit issued by the City's Fire Department.
3. No permit shall be issued to any organization not qualified
under the provisions.of this ordinance.
B. Permit Fees.
1. The cost of the Fireworks Program Permit fee shall be
established by resolution of the City Council and shall be no
less than Two Thousand Seven Hundred Forty Nine Dollars
($2,749.00) per permit. Proceeds of said fee shall be used
to defray the City's inspection, enforcement, public education
and clean up costs for the fireworks program.
2. The cost of the Fireworks Safety Permit fee shall be Three
Hundred Forty Two Dollars ($342.00). Proceeds of said fee
shall be used to defray the City's costs for compliance with
applicable laws and regulations pertaining to the sale and
storage of fireworks.
3. In the case of a joint venture, as permitted under Section
5.80.040.E, only one (1) Fireworks Program Permit and /or
one (1) Fireworks Safety Permit fee shall be required to be
paid.
C. Zoning Restrictions.
Each fireworks stand must be on private property located in a
commercial or industrial zone and may include vacant lots or
otherwise unimproved real property.
D. Permit Application Process.
1. An application for a Fireworks Program Permit and an
application for a Fireworks Safety Permit (collectively,
"Fireworks Permits") shall be submitted together, on forms
provided by the City's Fire Department.
2. Applications for Fireworks Permits shall include a detailed
and specific description of the operation of and the location
of the proposed site for a fireworks stand and shall identify
whether the proposed site is to be located on improved or
unimproved private property. The Fire Chief or his/her
designee shall have the sole discretion to approve the
proposed site for a fireworks stand in accordance with
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applicable safety requirements and the requirements for a
fireworks stand set forth in this Chapter. The Fire Chief or
his/her designee shall have the sole discretion to impose
mitigation measures on an applicant based on site access,
dust control, or any other fire or life safety considerations.
3. Applicants for Fireworks Permits that propose a site for a
fireworks stand on unimproved private property shall comply
with Cathedral City Municipal Code Chapter 6.16 titled
"Fugitive Dust Emissions" and any other applicable City
regulations, by submitting to the City a PM-10 plan for
fugitive dust mitigation measures and by submitting to the
City the applicable administrative review fees for said plan.
Applicants for Fireworks Permits shall submit a City
approved PM-10 plan for fugitive dust mitigation measures to
the City's Fire Department, upon selection as set forth
herein, prior to the issuance of any Fireworks Permits.
4. Applications for Fireworks Permits shall be accompanied by
the following:
(a) A nonrefundable application fee of One Hundred
Dollars ($100.00) which shall be used to defray the
administrative costs of processing the permit
application;
(b) Bylaws and other written evidence of the
organization's tax exempt status; and
5. Fireworks Permits shall be issued to the selected groups
only upon receipt of the following:
(a) A City approved PM-10 plan for fugitive dust
mitigation measures if the proposed site for a
fireworks stand is to be located on unimproved private
property;
(b) Payment, in full, of the Fireworks Program Permit fee
and the Fireworks Safety Permit fee;
(c) Written permission of the owner of record and lessee,
if applicable, where the stand is to be located which
provides the owner's and lessee's consent to the
construction and operation of a fireworks stand at said
location;
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(d) Written assurance that, if the Fireworks Permits are
issued to applicant, applicant shall, at the time of
receipt of the permits, deliver to the City's Fire
Department, One Million Dollar ($1,000,000.00) public
liability and One Million Dollar ($1,000,000.00)
property damage insurance certificates designating
the City as an additional insured thereunder, and a
certified copy of the requisite license from the State
Fire Marshal;
(e) A cash deposit, certificate of deposit in the amount of
One Hundred Fifty Dollars ($150.00) to assure
compliance with the provisions of this Chapter. Such
deposit shall be refundable immediately to those
applicants who are denied issuance of Fireworks
Permits. Deposits shall be refunded to applicants
who are issued Fireworks Permits upon compliance
with the provisions and requirements of this Chapter,
including but not limited to the removal of the stand
and the cleaning up of the site. In the event the
permitted applicant/organization does not so comply
or remove the sand or clean up the site to the
FireChief's or his/her designee's reasonable
satisfaction, the City may remove the stand and/or
clean the site, or cause the same to be done by other
persons, and the reasonable cost thereof shall be a
charge against the permitted applicant/organization
and its surety and the deposit.
6. The City's Fire Department will publicly announce the
availability of permit applications, via its website and other
places that the City normally posts announcements. The
announcement will indicate the deadline to submit permit
applications.
7. Applications for Fireworks Permits shall be reviewed for
compliance with this Chapter by a committee consisting of
one (1) representative from the Fire Department, one (1)
representative from the City's Finance Department and one
(1) representative from the City Manager's Office ("Fireworks
Committee"). All applications for the Fireworks Permits
approved by the Fireworks Committee shall be forwarded to
the City Council for consideration and approval by resolution,
together with the Fireworks Committee's report of its findings
and recommendations.
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8. Each calendar year, the City Council may issue up to six (6)
Fireworks Permits.
All permits shall be issued by lottery from among those qualified
Churches, Civic/services organizations, School-based youth
groups, and/or Youth groups that have submitted timely and
completed applications.
9. Notice of Grant or Denial. Applicants for Fireworks Permits
shall be notified of the acceptance or rejection of the
applications for said permits by the City's Fire Department
within ten (10) days of the City Council's decision on the
applications, but no later than the second regular City
Council meeting scheduled in the month of May.
10. Unclaimed Permits. In the event that any Fireworks Permits
issued by the City Council go unclaimed, the Fire Chief may
randomly select from the pool of the applications for
Fireworks Permits that were submitted to but not approved
by the City Council and may issue Fireworks Permits to the
randomly selected organization(s) specified in Paragraph 7
above.
E. Firework Permits are not transferable.
F. Only one set of Fireworks Permits shall be issued per organization
IRS identification number.
G. The cash deposit in the amount of One Hundred Fifty Dollars
($150.00) shall be refunded to the permittee pursuant to Section
5.80.030(D)(4)(g).
Section 5.80.040. Organizations Qualified for Receipt of Fireworks
Permits.
A. An organization applying for Fireworks Permits shall represent the
undivided entirety or base group and shall not be permitted to
separate into an aggregation of subgroups or clubs affiliated with
the parent organization. The entire individual group, club or
organization associated with an institution or organization shall be
considered as one single applicant. The intent and purpose for
treating all organizations as a single entity is to insure that the
selection process is equitable and that no one organization with
multiple subgroups will have an unfair advantage over other single
purpose organizations.
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B. Where such organization's principal purpose is the advancement of
youth's interests such as sports organizations, only bona fide,
currently registered youth members of such organization shall be
counted as "members" for the purposes of this section.
C. No less than ninety percent (90%) of the proceeds derived from the
sale of fireworks in the City by the organization shall be utilized for
the direct advancement of charitable, religious, youth or civic
purposes of such organization.
D. An organization shall be entitled to operate only one (1) fireworks
stand during any one calendar year.
Section 5.80.050. Mandatory Attendance at Pre-Sale Meeting and
Distribution of Educational Materials
A. Prior to the set up of fireworks stands and the sale and distribution
of "safe and sane" fireworks in the City, the City's Fire Department
shall schedule one (1) mandatory meeting which shall be attended
by an authorized representative of each participating distributor (or
potential distributor) of safe and sane fireworks, two (2) authorized
representatives of each participating organization to which
Fireworks Permits are issued, and an authorized representative of
the City's Fire Department.
B. At both mandatory meeting, each participating distributor of Safe
and Sane Fireworks shall provide to the City's Fire Department and
to each participating organization to which Fireworks Permits are
issued educational materials for distribution during the sale of said
fireworks regarding the use of safe and sane fireworks and the
prohibition of dangerous and other types of fireworks.
Section 5.80.060. Payment of Sales Tax; Temporary Sales Tax
Permit Required.
A. Organizations to which Fireworks Permits have been issued shall
obtain a temporary sales tax permit from the regional office of the
State Board of Equalization.
B. All sales of Safe and Sane Fireworks shall be subject to sales tax.
No Fireworks Permit holder shall seek an exemption from the
payment of sales tax which applies to the sale of safe and sane
fireworks.
Section 5.80.070. Display of Permits.
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All state and City-issued permits required pursuant to this Chapter and
state law shall be displayed in a prominent place in the fireworks stand of
each permittee.
Section 5.80.080. Regulation of the Sale of Fireworks.
A. It shall be unlawful to sell or permit to be sold safe and sane
fireworks prior to twelve (12:00) p.m. on the twenty-eighth day of
June and after ten (10:00) p.m. on the fourth day of July.
B. After the 28th day of June, daily hours of operation for sales will be
permitted from 08:OOAM to 10:00PM.
C. No person other than the permitted organization or joint venture
shall operate a fireworks stand for which Fireworks Permits have
been issued or share or otherwise participate in the profits of the
operation of such fireworks stand.
D. No person shall be paid any consideration for selling or otherwise
participating in the sale of safe and sane fireworks at a fireworks
stand.
E. No person under the age of eighteen (18) years shall be allowed to
purchase or sell safe and sane fireworks.
F. The only persons permitted to remain in a fireworks stand and/or to
sell or offer to sell safe and sane fireworks from within the fireworks
stand shall be adult members of the permitted organization or joint
venture organizations, or the parent, spouse or adult children of
such members.
G. All retail sales of safe and sane fireworks shall be permitted only
from within the fireworks stand for which Fireworks Permits have
been issued. Sales from any other building or structure are
prohibited.
H. No person shall sell or offer to sell safe and sane fireworks to any
person who is reasonably observed or known to be under the
influence of drugs or alcohol.
Section 5.80.090. Firework Stand and Storage Container
Requirements.
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A. Fireworks stands, City approved storage containers, and the sites
whereupon the stands and containers are located shall be subject
to the following provisions:
1. Sites upon which safe and sane fireworks will be sold shall
be no closer than two hundred fifty (250) feet from each
other measured from the closest property lines, except upon
the written approval of the Fire Chief and all other interested
parties including the property owner.
2. Fireworks stands and any City approved storage containers
shall be no closer than ten (10) feet from each other and no
farther than twenty five (25) feet from each other.
3. No fireworks stand and no City approved storage container
shall be located within twenty five (25) feet of any other
building, overhang or other fixture as defined by the
FireChief, or within one hundred (100) feet of any fuel
dispensing operations.
4. Fireworks stands and City approved storage containers need
not comply with the provisions of the building code of the
City; provided, however, that all stands and storage
containers shall be erected under the supervision of the
Director of the Department of Building and Safety, who shall
require that stands and containers be constructed in a
manner that will reasonably insure the safety of attendants
and patrons.
5. Fireworks stands and storage containers shall be
constructed of metal or other material as approved by the
Fire Chief or his/her designee, and may have metal or other
approved flooring attached.
6. No fireworks stand and no storage container shall have a
floor area in excess of four hundred (400)'square feet.
7. Fireworks stands in excess of twenty four (24) feet in length
must have at least two (2) exits; and each stand in excess of
forty (40) feet in length must have at least three (3) exits
spaced equal distant apart; provided, however, that in no
case shall the distance between exits exceed twenty four
(24) feet.
8. Storage containers shall have a single door or a pair of
doors that are lockable at one end of the container.
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9. Each fireworks stand shall have electrical outlets and
electrical wiring of conduit and shall have power provided
from on site sources in such a manner as deemed safe by
the Fire Department. Fireworks stands with power provided
by generators shall be inspected and approved by the Fire
Department prior to operation. Portable generators when
used for temporary electrical service shall be located a
minimum of twenty five (25) feet from the fireworks stand
when in operation.
10. Storage containers shall have no internal power of any kind.
11. Each fireworks stand shall be provided with a minimum of
two (2), two and one-half (2.5) gallon pressurized water type
portable fire extinguisher.
12. Legible signs reading "No Discharge of Fireworks within one
hundred (100) feet of the Fireworks Stand" and "No
Smoking" shall be posted on the fireworks stand and the
storage container.
13. All weeds and combustible material shall be cleared from the
location of the fireworks stands and storage containers
including a distance of at least twenty five (25) feet
surrounding all stands and containers.
14. Each fireworks stand must have an adult in attendance and
in charge thereof while fireworks are stored therein, during
the hours of operation for the purpose of providing
supervision and security. Failure to provide at least one alert
and awake adult for supervision and security purposes may
result in forfeiture of Fireworks Permits and/o any additional
fines, penalties, citations, or remedies provided herein. Each
storage container shall also be located near the fireworks
stand, but within the permissible distances set forth in this
Chapter, for security purposes.
15. Each fireworks stand and storage container shall be secured
with a Fire Department approved Pad Lock when not
occupied.
16. Each fireworks stand shall have a means of telephone
communication provided within twenty five (25) feet of the
stand.
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17. Sleeping or remaining within the fireworks stands or storage
containers after close of business each day is prohibited.
18. Inventory collection shall be completed during the daylight
hours on the fifth day of July and all unsold stock and
accompanying litter, refuse, trash and debris shall be
removed from the location by five (5:00) p.m. on the fifth day
of July.
19. All fireworks stands and storage containers shall be
removed from the site location by twelve (12:00) p.m. on the
fourteenth day of July and all accompanying litter, refuse,
trash and debris shall be cleared from the location by said
date and time.
20. A clear space of twenty five (25) feet shall be maintained
around all portions of the fireworks stands and storage
containers by the use of barrier tape, signs, or other suitable
means as approved by the Fire Chief. No vehicles shall be
parked within twenty five (25) feet of either a stand or a
container.
21. All accumulated litter, refuse, trash and debris shall be
removed daily from each fireworks stand.
22. Consumption or use of alcohol in the fireworks stands or
storage containers or within twenty five (25) feet of the
stands or containers is prohibited.
Section 5.80.100. Firework Stand and Storage Container
Inspections.
A. All fireworks stands and storage containers shall be inspected by
the City's Fire Department no later than ten (10:00) a.m. on June
28tH An organization representative shall be available to provide
access for inspections of stands and containers as early as eight
(8:00) a.m. on June 28tH
B. The City's Fire Department shall have a right to randomly inspect
without notice any fireworks stand and storage container
throughout the sales and operations period.
Section 5.80.110. Regulation of the Discharge of Fireworks.
A. It shall be unlawful for any person to ignite, explode, project, or
otherwise fire or use, any fireworks, or permit the ignition, explosion
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or projection thereof, upon or over or onto the property of another
without his/her/its consent, or to ignite, explode, project or
otherwise fire or make use of, any fireworks within ten (10) feet of
any residence, dwelling or other structure used as a place of
habitation by human beings.
B. The discharge of fireworks within the City shall be limited to private
property except as otherwise provided herein. No fireworks shall
be discharged on public, semipublic or private open areas such as
parking lots, vacant lots and those areas not approved by the City's
Fire Chief.
C. It shall be unlawful to discharge fireworks within the City prior
twelve (12:00) p.m. on June 28th and after twelve midnight (12:00)
a.m. on July 4th
D. It shall be unlawful for any person to allow or permit a fire nuisance
as defined by Section 12510 of the California Health and Safety
Code. No fireworks shall be discharged in any high fire hazard
areas within the City as determined by the City's Fire Chief.
Section 5.80.120. Provisions of Chapter Additional to State Law.
The provisions of this Chapter are in addition to applicable state law,
including Title 19, Article 5, Section 981 of the California Code of
Regulations, which requires a license from the State Fire Marshal. Each
package of fireworks shall be marked as "Safe and Sane" fireworks and
shall bear the State Fire Marshal's classification label.
Section 5.80.130. Infraction Violation.
Any violation of this Chapter by any person responsible for committing,
causing or maintaining such violation shall constitute an infraction violation
and the violator shall be subject to the provisions set forth in Chapter
13.65 of the Cathedral City Municipal Code, including, but not limited to,
the imposition of any and all criminal penalties set forth therein.
Section 5.80.140. Civil Fine.
Any person convicted of an infraction shall, for each separate violation of
the provisions of this Chapter, be subject to: (a) a fine in an amount not to
exceed two hundred fifty dollars ($250.00) for the first conviction of an
offense; (b) a fine in an amount not to exceed five hundred dollars
($500.00) for a second conviction of the same offense within a twelve (12)
month period of the date of the first offense; and (c) a fine in an amount
not to exceed seven hundred fifty dollars ($750.00) for the third conviction
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of the same offense within a twelve (12) month period of the date of the
first offense. The fine for a fourth and subsequent convictions of the same
offense within a twelve (12) month period of the date of the first offense
shall be one thousand dollars ($1,000.00).
Section 5.80.150. Administrative Citation.
A. In lieu of issuing an infraction citation, the City may issue an
administrative citation, pursuant to Chapter 13.58 of the Cathedral
City Municipal Code, to any person responsible for committing,
causing or maintaining the subject violation.
B. Nothing in this section shall preclude the City from also issuing an
infraction citation upon the occurrence of the same subject offense
on a separate day.
Section 5.80.160. Administrative Fine.
Any person issued an administrative citation under this Chapter, for each
separate violation, shall be subject to a fine as follows: (a) an
administrative fine in an amount not to exceed one hundred dollars
($100.00) for the first violation; (b) an administrative fine in an amount not
to exceed two hundred fifty dollars ($250.00) for a second violation of the
same offense within a twelve (12) month period of the date of the first
offense; and (c) a fine in an amount not to exceed five hundred dollars for
a third and any subsequent violation of the same offense within a twelve
(12) month period of the date of the first offense.
Section 5.80.170. Additional Remedies.
A. Any violation of this Chapter by the holder of Fireworks Permits
issued pursuant to this Chapter shall constitute grounds for
modification, suspension and/or revocation of said permits.
B. Any organization whose Fireworks Permits are revoked shall not be
eligible for issuance of Fireworks Permits the following year.
C. Nothing in this Chapter shall preclude the City from pursuing other
remedies provided by the Cathedral City Municipal Code or other
laws, including, but not limited to, issuance of stop work orders and
injunctive relief.
Section 2. SEVERABILITY
The City Council declares that, should any provision, section, paragraph,
sentence or word of this ordinance be rendered or declared invalid by any final
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court action of competent jurisdiction or by reason of any preemptive legislation,
the remaining provision, sections, paragraphs, sentences or words of this
ordinance as hereby adopted shall remain in full force and effect.
Section 3. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its second reading by
the City Council.
Section 4. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall
cause the same to be published according to law.
The foregoing Ordinance was approved and adopted at a meeting of the
City Council held on September 27, 2017 by the following vote:
AYES: Council_.Member.s Aguilar, Carnevale and Kaplan;
Mayor Pro Tem Pettis and Mayor Henry
NOES: None
ABSTAIN: None
ABSENT: None
Stan Henry, Mayor
ATTEST:
ary Howell, City Clerk
APPROVED AS T FORM
Eric Vail, City Attorney
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