HomeMy WebLinkAbout2017-06-27 - ORDINANCES - PENALTIES AND ENFORCEMENT FOR VIOLATION OF CHAPTER (2)ORDINANCE NO. 17-07
AN URGENCY ORDINANCE OF THE CITY OF SANTA CLARITA, CALIFORNIA,
AMENDING SANTA CLARITA MUNICIPAL CODE SECTION 9.60.050.A PERTAINING
TO PENALTIES AND ENFORCEMENT FOR VIOLATION OF CHAPTER 9.60
PROHIBITION OF FIREWORKS
WHEREAS, Chapter 9.60 of the Santa Clarita Municipal Code prohibits the sale, use,
possession and display of fireworks within the City of Santa Clarita; and
WHEREAS, notwithstanding such prohibition, people within the City continue to
illegally use fireworks, both those labeled "safe and sane" and those that are much more
powerful and dangerous, especially on or near the fourth of July; and
WHEREAS, the use of fireworks within the City limits creates an unreasonable risk of
personal injury from explosions, burns and noise, as well as fire danger that could result in
property damage and personal injuries, including death; and
WHEREAS, Chapter 23. 10, governing enforcement of violations of the Santa Clarita
Municipal Code, was revised in May of 2013 to consolidate enforcement tools within the code
into one Chapter; and
WHEREAS, the continued violation of Chapter 9.60 and the updated Municipal Code
Chapter governing enforcement warrants clarification of Section 9.60.050 (Penalties) to
emphasize that violations of the Chapter can be enforced in multiple ways; and
WHEREAS, this ordinance must take effect immediately to preserve the public peace,
health and safety. With the impending Fourth of July holiday, and the likelihood of repeat
violations of Chapter 9.60, it is imperative that the City's Municipal Code clearly articulate the
various enforcement mechanisms and the associated fines for violation so that violations, with
their attendant risks to persons and property, can be deterred to the greatest extent possible.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Santa Clarita Municipal Code section 9.60.050.A is hereby amended in its
entirety to read as follows:
"Any violation of the provisions of this chapter are hereby declared a nuisance and may
be prosecuted civilly or criminally pursuant to Title 23 of this code, as either an infraction,
misdemeanor, civil nuisance or administrative citation; however, the fine for any administrative
citation shall be five hundred dollars ($500) for a first offense and one thousand dollars ($1000)
for any subsequent offenses that occur on or before the anniversary of the first offense."
SECTION 2. Severability. 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 will not affect the validity of the remaining portions of this
ordinance. The City Council 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.
SECTION 3. Effective Date. This ordinance is hereby declared an urgency measure
pursuant to the terms of California Government Code section 36937(b) and shall be effective
immediately upon adoption by a four-fifths (4/5th) vote of the City Council.
SECTION 5. Publication. The City Clerk is directed to certify this ordinance and cause
it to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED this 27th day of June 2017.
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MAYOR
ATTEST:
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CIT CLE
DATE:' (�
I, Mary Cusick, City Clerk of the City of Santa Clarita, certify Ordinance No. 17-07
was adopted by the City Council at a regular meeting held on the 27t day of June 2017, by the
following vote:
AYES: COUNCILMEMBERS: Miranda, Weste, McLean, Kellar, Smyth
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
AND I FURTHER CERTIFY that the foregoing is the original of Ordinance 17-07
and was published in The Signal newspaper in accordance with State Law (G.C. 40806).
CI Y CLERK