CC RESOLUTION 3015RESOLUTION NO, 3015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO, CALIFORNIA, RECOMMENDING THAT
THE LEGISLATURE OF THE STATE OF CALIFORNIA
AMEND SECTION 12541 OF THE HEALTH AND SAFETY
CODE WHICH SECTION RELATES TO FIREWORKS,
WHEREAS, the manufacture, sale, use or discharge of safe and
sane fireworks has been traditionally a matter for local option, and subject
to local control; and
WHEREAS, prior to 1973 the State Health and Safety Code speci-
fically authorized local public entities to prohibit or regulate the manu-
facture, sale, use or discharge of safe and sane fireworks; and
WHEREAS, the State Legislature deleted the specific authority
of local Public entities to prohibit or regulate the manufacture, sale, use
or discharge of safe and sane fireworks in 1973; and
WHEREAS, the State Legislature, acting pursuant to the demands
of local public entities, enacted Section 12541 of the Health and Safety Code
in 1975 which specifically authorized counties and cities to prohibit and
regulate the use or discharge of safe and sane fireworks; and
WHEREAS, in that Section 12541 of the Health and Safety Code fails
to specifically authorize local public entities to prohibit or regulate the
manufacture or sale of safe and sane fireworks, substantial legal issues cur-
rently exists as to the basis of authority for local laws and ordinances which
prohibit or regulate the manufacture or sale of safe and sane fireworks, and
whether or not such local laws and ordinances are invalid as an unauthorized
invasion of local public entities into an area preempted by state law; and
WHEREAS, it is of primary importance that local public entities pro-
tect the health, safety and well -being of their respective citizenry by speci-
fically retaining the authority to prohibit or regulate the manufacture or sale
of safe and sane fireworks;
;STOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO, CALIFORNIA, does hereby recommend to the Legislature of the State
of California that Section 12541 of the Health and Safety Code be amended to
read as follows:
1112541. Local re ulations
Nothing in this part shall authorize the manufacture,
sale, use or discharge of fireworks in any city or
county in which such manufacture, sale, use or dis-
charge is otherwise prohibited or regulated by law
or ordinance."
BE IT FURTHER RESOLVED by the said Council that it hereby
recommends adoption of this resolution by the Board of Directors and General
Assembly of the League of California Cities, and that said League instruct
its staff to pursue every effort to effect the amendment of Section 12541
of the Health and Safety Code as indicated hereinabove.
PASSED, APPROVED and ADOPTED this 19th day August
of Au g
1980. '
ATTEST:
C
City Clerk
(SEAL)
Mayor of the City of El Segundo, California.
[7
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, VALERIE A. BURROWES
City Clerk of the
City of El Segundo, California, DO HEREBY CERTIFY that the
whole number 6f members of the City Council of the said City is
five; that the foregoing resolution, being Resolution No. 3015
was duly passed and adopted by the said City Council, approved
and signed by the Mayor of said City, and attested by the City
Clerk: of said City, all at a regular meeting of the said Council
held on the 19th day of August
1980
and that the same was so passed and adopted by the following vote:
AYES: Councilmen Bue, Johnson, Siadek,
and Mayor Van Vranken
NOES: Councilmen None
ABSENT • Councilmen
WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID
CITY this 26th day of August
1980
(SEAL)
City Clerk of the City of El Segundo,
California
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