HomeMy WebLinkAboutORD 388 2010 0602ORDINANCE NO. 388
AN ORDINANCE OF THE CITY COUNCIL OF CITY OF
MOORPARK, CALIFORNIA, ADDING CHAPTER 8.64,
FIREWORKS PROHIBITED, TO TITLE 8, HEALTH AND
SAFETY, OF THE MOORPARK MUNICIPAL CODE
WHEREAS, the City Council has determined that Chapter 8.64, Fireworks
Prohibited, should be added to the Moorpark Municipal Code to clearly identify that all
fireworks, as defined by California Health and Safety Code and the Ventura County Fire
Protection District Fire Code (VCFC), including "safe and sane fireworks ", are prohibited
in the City of Moorpark, with the exception of public displays and theatrical /special
effects authorized by a valid VCFC permit and applicable City temporary use or park
rental permit; and
WHEREAS, Chapter 8.64 is also proposed to include the penalty for violation of
any provision or requirement of Chapter 8.64.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8.64, Fireworks Prohibited, of Title 8, Health and Safety, of
the Moorpark Municipal Code is hereby added to read as follows:
"Chapter 8.64
FIREWORKS PROHIBITED
Sections:
8.64.010 Prohibition.
8.64.020 Violation.
8.64.010 Prohibition.
All fireworks, as defined by California Health and Safety Code and
the Ventura County Fire Protection District Fire Code (VCFC), including
"safe and sane fireworks ", are prohibited in the City of Moorpark, with the
exception of public displays and theatrical /special effects authorized by a
valid VCFC permit and applicable City temporary use or park rental
permit.
8.64.020 Violation.
Any violation of any provision of, or failure to comply with, any
requirement of this chapter may be prosecuted as an infraction or
misdemeanor consistent with section 1.10.020 of this code and, upon
conviction thereof, the person
accordance with this code. The
cumulative and in addition to any
equity."
D prosecuted shall be punished in
remedies provided by this code are
other remedies available at law or in
Ordinance No. 388
Page 2
SECTION 2. If any section, subsection, sentence, clause, phrase, part or portion of
this ordinance is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this ordinance. The City Council declares that it would have adopted this ordinance and
each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of
the fact that any one or more section, subsections, sentences, clauses, phrases, parts or
portions be declared invalid or unconstitutional.
SECTION 3. This ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 4. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a minute of the passage and adoption thereof in the records of the proceedings of the City
Council at which the same is passed and adopted; and shall, within fifteen (15) days after
the passage and adoption thereof, cause the same to be published once in the Moorpark
Star a newspaper of general circulation, as defined in Section 6008 of the Government
Code, for the City of Moorpark, and which is hereby designated for that purpose.
PASSED AND ADOPTED this 2nd day of June, 2010.
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Ja ce S. Parvin, Mayor
ATTEST:
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Ordinance No. 388
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do
hereby certify under penalty of perjury that the foregoing Ordinance No. 388 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the 2nd
day of June, 2010, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: Councilmember Millhouse
ABSTAIN: None
WITNESS my hand and the official seal of said City this 16th day of June, 2010.
Deborah S. Traffenstedt, tlKy Clerk
(seal)