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CITY COUNCIL OF THE CITY OF PLEASANTON <br /> <br />ALAMEDA COUNTY, CALIFORNIA <br /> <br />RESOLUTION NO. 84-184 <br /> <br />RESOLUTION SUPPORTING THE CITY OF SAN JOSE'S <br />APPEAL TO THE STATE SUPREME COURT TO ALLOW LOCAL <br />GOVERNMENTS TO PROHIBIT THE SALE OF FIREWORKS <br />WITHIN THEIR JURISDICTIONS <br /> <br />WHEREAS, <br /> <br />in February, 1984, the California Court of Appeals <br />found that state law preempts the City of San Jose <br />ordinance which banned the sale of so-called "safe <br />and sane" fireworks thereby invalidating any <br />city's right to ban the sale of fireworks; and <br /> <br />WHEREAS, <br /> <br />new legislation has been introduced in the form of <br />SB 2333 which will return control to local authorities <br />and allow them to prohibit or regulate the sale, <br />as well as the use or discharge of fireworks; and <br /> <br />WHEREAS, <br /> <br />the Fire Chief presented his report urging Council <br />support of the appeal of the San Jose decision and <br />and urging support of SB 2333; <br /> <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON <br />RESOLVES AS FOLLOWS: <br /> <br />Section 1: <br /> <br /> The City Council of the City of Pleasanton <br />supports the City of San Jose's appeal to the <br />State Supreme Court to allow local governments to <br />prohibit the sale of fireworks within their juris- <br />diction. <br /> <br />Section 2: <br /> <br /> Directs the City Manager to write a letter for the <br />Mayor's signature to the appropriate legislators <br />in support of SB 2333. <br /> <br />Section 3: This resolution shall become effective immediately <br /> upon its passage and adoption. <br /> <br />THIS RESOLUTION ADOPTED APRIL 24, 1984 BY THE FOLLOWING <br />VOTE: <br /> <br />AYES: Councilmembers - Brandes, Butler, Mohr, Wood and <br /> Mayor Mercer <br />NoEs: None <br />ABSENT ~ <br /> : None <br />ABSTAIN: None <br /> <br />James R. erk ~ ~ <br /> Doris George, Deputy City Attorney <br /> <br /> <br />