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STRATEGIC OUTCOMES |
ACTION |
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Department: |
☒ Safe & Prosperous |
☐ Motion |
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City Attorney |
☐ Active & Appealing |
☐ Resolution |
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☒ Respected & Responsible |
☐ Ordinance - Introduction |
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Division: |
☐ Connected & Engaged |
☒ Ordinance - Adoption |
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City Administration |
☐ Unique & Creative |
☐ Public Hearing |
TITLE:
title
Yuma City Code Text Amendment: Fireworks
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SUMMARY RECOMMENDATION:
Summary Recommendation
Amend Title 13, Chapter 139 (Yuma City Code §§ 139-004 through 139-010, and § 139-009) to comply with the State preemption of the regulation of Fireworks and Permissible Consumer Fireworks, and incorporate the amendments enacted by Senate Bill 1188, of the Fifty-sixth Legislature, First Regular Session, 2023. (City Attorney) (Richard Files)
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STRATEGIC OUTCOME:
This text amendment ensures the City is Safe and Prosperous by providing a mechanism to regulate fireworks, the use of which can result in property damage, personal injury, mental stress, and nuisance claims. It also meets the goal of being Respected and Responsible by ensuring the City is in compliance with state law, and can appropriately and legally respond to fireworks complaints.
REPORT:
In 2015, the Arizona legislature enacted A.R.S. § 36-1606, declaring fireworks a matter of “statewide concern,” limiting local government authority to regulate fireworks, and place primary regulation with the state legislature, which the Yuma City Code must comply with. The state legislature has changed the state statute, necessitating changes to the City Code.
On May 26, 2023, Governor Hobbs signed Senate Bill 1188, which amended A.R.S. § 36-1606 and changed the time frames for the use of permissible consumer fireworks from June 24-July 6 and December 24-January 3, to use between June 24-July 6 and December 26-January 4.
City Council amended the City’s fireworks ordinance in September 2022, because of a change in state law; due to the most recent change the City’s fireworks ordinance is out of date. This proposed text amendment will modify the City Code to be consistent with the current version of A.R.S. § 36-1606, which will allow the continued enforcement of firework laws within the City limits.
FISCAL REQUIREMENTS:
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CITY FUNDS: |
$ 0.00 |
BUDGETED: |
$ 0.00 |
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STATE FUNDS: |
$ 0.00 |
AVAILABLE TO TRANSFER: |
$ 0.00 |
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FEDERAL FUNDS: |
$ 0.00 |
IN CONTINGENCY: |
$ 0.00 |
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OTHER SOURCES: |
$ 0.00 |
FUNDING: ACCOUNT/FUND #/CIP |
TOTAL $ 0.00
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To total; right click number & choose “Update Field” |
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FISCAL IMPACT STATEMENT:
NONE.
ADDITIONAL INFORMATION:
SUPPORTING DOCUMENTS NOT ATTACHED TO THE CITY COUNCIL ACTION FORM THAT ARE ON FILE IN THE OFFICE OF THE CITY CLERK:
NONE
IF CITY COUNCIL ACTION INCLUDES A CONTRACT, LEASE OR AGREEMENT, WHO WILL BE RESPONSIBLE FOR ROUTING THE DOCUMENT FOR SIGNATURE AFTER CITY COUNCIL APPROVAL?
☐ Department
☐ City Clerk’s Office
☐ Document to be recorded
☐ Document to be codified
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Acting City Administrator: |
Date: |
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Jennifer Reichelt for John D. Simonton |
10/24/2023 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
10/20/2023 |