Ordinance N. 010-07 C.S.

AN ORDINACE OF THE CITY OF STOCKTON AMENDING THE STOCKTON MUNICIPAL CODE BY ADDING SECTIONS 4-047 THROUGH 4-047.2 PROHIBITING SAFE AND SANE FIREWORKS

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

STOCKTON, AS FOLLOW:

SECTION 1. AMENDMENT OF CODE.

The Stockton Municipal Code is hereby amended by adding sections 4-

047 through 4-047.2, as follows:

4-047 "SAFE AND SANE FIREWORKS," DEFINED.

"Safe and Sane Fireworks" refers to and shall have the same meaning as

set forth in California Health and Safety Code sections 12529 and 12562, and the California Code of Regulations, Title 19, Article 6, or as those provisions are subsequently amended.

4-047.1 "SAFE AND SANE FIREWORKS PROHIBITED.

It is unlawful for any person to possess, sell, offer for sale, use or

discharge any safe and sane fireworks within the limits of the City of Stockton.  Violation of this section shall constitute a misdemeanor.

4-047.2 SEIZURE AND DESTRUCTION OF FIREWORKS.

Safe and sane fireworks within the limits of the City of Stockton are

subject to confiscation by the Stockton Police Department and the Stockton Fire Department.  Confiscated fireworks shall be destroyed at the expense of any person found in violation of section 4-047.1, after conviction , plea of guilty or nolo contendere, or posting and forfeiting of bail.

SECTION ll.  SEVERABILITY.

In the event any section or portion of this ordinance shall be determined

invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.

SECTION lll.  EFFECTIVE DATE.

This ordinance shall be effective thirty (30) days after the date of

adoption.

ADOPTED:     April 3, 2007

EFFECTIVE:   May 3, 2007

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