ORDINANCE NO. 2024-144
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GONZALES AMENDING CHAPTER 5.40-FIREWORKS OF TITLE 5-PUBLIC HEALTH AND
SAFETY OF THE GONZALES CITY CODE
WHEREAS, the citizens of the City of Gonzales continue to be concerned about the adverse impacts associated with the use of illegal fireworks in the City; and WHEREAS, every year, on and around the Independence Day celebration, illegal fireworks are used throughout the City at all times of the day and evening; and WHEREAS, the use of illegal fireworks disturbs regular activities, such as sleep, frightens animals, causes distress to those suffering from post-traumatic stress disorder, results in the disbursement of debris associated with firework use, and most importantly, causes and creates the potential for fires, damages and threats to life within the City; and WHEREAS, in 2024, based on two consecutive years in which local house fires were either attributed to or suspected of being caused by illegal fireworks, the City Council formed a Fireworks Subcommittee to make recommendations on measures to address illegal fireworks use; and
WHEREAS, based on the Fireworks Committee’s recommendations and input from the City Council and Staff, the City is now proposing to amend the City Code to address illegal fireworks use.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GONZALES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. All of the recitals set forth above are true and correct and by this reference are adopted as findings of the City Council as though set forth in full within the body of this ordinance.
Section 2. Amendment of Chapter 5.40 of the Gonzales City Code. Chapter 5.40-Fireworks of Title 5-Public Health and Safety of the Gonzales City Code, is hereby amended in the manner set forth in Attachment 1 to this Ordinance.
Section 3. Severability. Every section, paragraph, clause, and phrase of this Ordinance is hereby declared severable. If, for any reason, any section, paragraph, clause, or phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining section, paragraphs, clauses, or phrases.
Section 4. CEQA. Approval of the code amendment herein is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for
causing a significant effect on the environment. As a series of text amendments regarding restrictions on the use of fireworks and penalties it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days following its final passage. The City Clerk is directed to cause copies of this Ordinance to be posted or published as required by Government Code Section 36933.
This Ordinance was introduced and first read by the City Council of the City of Gonzales at a regular meeting on the 6
th of May, 2024 and passed and adopted by the City Council of the City of Gonzales at a regular meeting on _____________by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Jose L. Rios, The Honorable Mayor
ATTEST:
Mary Villegas, Deputy City Clerk