HomeMy WebLinkAboutCC RES 84-052RESOLUTION NO. 84-52
A RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF PALM DESER'f,
CALIFORIVIA, SUPPORTING THE CONCEPT OF LOCAL REGULATION OF FIREWORKS
WHEREAS, the dangers of fireworks o# al! types have been well documented in the
State of California and in the City of Palm Desert as evidenced by the number of injuries
and the loss of life and property due to the use of fireworks, including fireworks which are
purportedly "safe and sane"; and
WHEREAS, extremely dense brush areas within the City and adjacent to the City
expose residents and property of the City of Palm Desert to additional hazards and risks
inasmuch as such brush areas are especially susceptible to conflagration proportioned fires
caused by fireworks; and
WHEREAS, the City of Palm Desert has consistently expressed its opposition to the
sale and use of fireworks within the community including adoption of Resolution No. 81-
129 in September, 1981, which opposed Senate Bill 999 wluch would prevent local
governments from prohibiting the sale of fireworks; and
WHEREAS, special-interest fireworks industry sponsors have repeatedly attempted
through massive and often questionabty ethical methods to circumvent the wil! of the
communities which have adopted ordinances regulating the sale and use of fireworks
within individual communities; and
WHEREAS, the First District Court of Appeals in the recent case of Ventura v.
City of San Jose, although stating that cities may regulate the use of fireworks, held that
local governments are preempted by State law from prohibiting the sale of "safe and sane"
fireworks; and
WHEREAS, the regulation of "safe and sane" fireworks has traditionally beeR a
matter of local concern and is strictly a municipal affair and should not be superceded by
any State legislation; and
WHEREAS, the most effective method of regulating the use of fireworks is through
the regulation of the sale of fireworks.
NOW, THEREFORE, BE IT RESOLVED by the City Councll of the City of Palm
Desert, California, as follows:
SECTION 1: The City Council urges the State Legislature to affirm and
expressly acknowledge the fundamental principle that the sale, as well as
the use, of "safe and sane" fireworks is a matter of local concern and is
strictly a municipal affair subject exclusively to local control and
regulation. The City Managec and the Fire Chief are authorized to take all
steps necessary to communicate this position of the City Council to the
members of the State Legislature, the Governor, and such other
organizations, agencies, or entities which they deem appropriate.
SECTION 2: The City Council also endorses and supports the appeal of the
Ventura v. City of San Jose decision and authorizes the City Attorney to
participate on behalf o# the City as an amicus curiae.
PASSED, APPROVED and ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting of held on the lOth day of Ma�, 1984, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JACKSON, KELLY, PULUQI dt SNYDER
NONE
WILSON
NONE
AT'TES'T:'
.
SHEILA R. LIGAN TY CLERK
CITY OF PALM DES , CALIFORNIA
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WALTER H. SNYDER, AY