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HomeMy Public PortalAbout17) 9D Intro to Ord 13-968 FireworksDATE: April 2, 2013 AGENDA ITEM 9.D. COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: The Honorable City Council FROM: Jose E. Pulido, City Manager,(, Via: Mark Persico, Community evelopment Director Robert Sahagun, Public Safety and Services Manager By: Teresa Santilena, Management Analyst SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 13-968, AN ORDINANCE OF THE CITY OF TEMPLE CITY, MODIFYING AND ENHANCING CHAPTER 1 ("FIRE CODE") OF TITLE 3 ("PUBLIC SAFETY") OF THE TEMPLE CITY MUNICIPAL CODE REGARDING REGULATIONS RELATING TO THE POSESSION, SALE, AND DISCHARGE OF FIREWORKS IN THE CITY OF TEMPLE CITY RECOMMENDATION: The City Council is requested to: a) Introduce and hold a public hearing regarding Ordinance No. 13-968 (Attachment "A") for first reading by title only, modifying and enhancing Chapter 1 ("Fire Code") of Title 3 ("Public Safety") of the Temple City Municipal Code regarding regulations relating to the possession, sale, and discharge of fireworks in the City of Temple City; and b) Schedule the second reading of Ordinance No. 13-968 for April 16, 2013. BACKGROUND: On December 10, 2010, a City Codes Review Ad Hoc Committee (Ad Hoc Committee) (i.e., Mayor Chavez and Council Member Sternquist) was formed to address the challenges City staff was encountering in its attempts to enforce the City's Municipal Code. City Council April 2, 2013 Page 2 2. During the months of January and February 2011, staff conducted a review of the entire Municipal Code to identify its deficiencies, and to provide the Ad Hoc Committee with recommendations to better facilitate compliance. 3. On March 9, 2011, Community Preservation staff met with the Ad Hoc Committee to discuss the difficulties faced in the enforcement of the Temple City Municipal Code (TCMC). This includes inconsistent provisions, ambiguous verbiage and outdated requirements that no longer reflect the goals of the City, as well as the lack of necessary enforcement tools needed to mandate compliance from persons who refuse to voluntarily comply with applicable requirements. 4. On September 6, 2011, the City Council adopted Ordinance No. 11-946 amending section 3100 of the Temple City Municipal Code and adopting the Consolidated Fire Protection District of Los Angeles County Fire Code. 5. From April through October 2011, Community Preservation staff (including City Prosecutor James Eckart) and the Ad Hoc Committee discussed various methods of addressing the deficiencies, including possible amendments to the City's Municipal Code. 6. On November 15, 2011, the City Council approved the first round of proposed code amendments that would facilitate improved enforcement of the Municipal Code and subsequent compliance of violations. The ordinances approved were: Ordinance No. 11-948 — Shopping and Laundry Cart Containment, Retrieval and Abatement; Ordinance No. 11-949 -Abandoned and Vacant Property Registration, Maintenance and Security Requirements; and Ordinance No. 11-950 — Public Nuisance Regulations. 7. On March 20, 2012, Community Development staff and City Prosecutor James Eckart met with the Ad Hoc Committee to discuss methods for addressing the regulations relating to the possession, sale, and discharge of fireworks in the City. 8. On April 17, 2012, the City Council reviewed and approved 12 fireworks stand permits for the 2012 season. The 12 applicants were non-profit organization groups. 9. On May 1, 2012, the Ad Hoc Committee met with staff and the City Prosecutor to review the first draft of the proposed ordinance. The City Prosecutor provided recommendations and the Ad Hoc Committee provided direction to amend the initial draft based on aforementioned input. 10. On June 19, 2012, the Ad Hoc Committee met with staff and the City Prosecutor to review revisions to the draft ordinance. The Ad Hoc Committee provided feedback, recommendations, and directed staff to submit the proposed ordinance to the City Council for consideration. City Council April 2, 2013 Page 3 11. From July 2012 through February 2013, staff met several times with the City Prosecutor to ensure that the recommended revisions to the proposed ordinance were being incorporated based on the Ad Hoc Committee's direction. 12. On March 21 and March 28, 2013, public notices regarding the introduction and first reading of the proposed ordinance were published in the Temple City Tribune. ANALYSIS: The City of Temple City recognizes the need to implement reasonable regulations for the sale, use, discharge and display of fireworks in order to protect the safety of spectators, property owners, residents, and visitors of the City. The City seeks to encourage responsible use of legal fireworks and to discourage the possession, use, sale or distribution, or discharge of illegal fireworks. It is imperative that the City modify and enhance its Fire Code as it relates to fireworks to preserve the public peace, health, safety, and general welfare of Temple City residents and the general public. 1. Current Fireworks Regulations The TCMC contains general provisions to protect the health and safety of the community. The current fireworks provisions require persons to obtain a permit for the sale of "safe and sane" fireworks (i.e., those that do not explode or fly). The permit is valid for fireworks sales beginning 12:00 p.m. on June 30th and ending 12:00 p.m. on July 5th of each year, but does not specify daily hours of sale. The current provisions also allow for the liberal discharge of "safe and sane" fireworks within the City on days other than the 4th of July holiday (i.e., from 12:00 p.m. on June 30th to 12:00 p.m. on July 5th each year). Additionally, there are currently no provisions in place for the public display of fireworks and/or special events. Violations of provisions in the current code result in the seizure, removal, or disposal of fireworks by the Los Angeles County Fire Chief at the expense of the owner. The current code does not, however, provide for additional penalties to be assessed by the City. Proposed Ordinance No. 13-968 (modifying and enhancing Chapter 1 of Title 3 of the TCMC) contains provisions that increase the City's ability to support the general welfare of the City's residents. 2. Proposed Changes to Fireworks Regulations The most significant changes to the City's current Fire Code are described below. A. Sale of "Safe and Sane" Fireworks The current fireworks permits allow the sale of "safe and sane" fireworks from 12:00 p.m. on June 301h to 12:00 p.m. on July 5th of each year, with no daily hours of sale specified, thereby encouraging sales to occur at all hours of the day during the City Council April 2, 2013 Page 4 specified sale period. The proposed ordinance allows ample opportunity for responsible fireworks retailing, while discouraging the use of fireworks prior to or after the 4th of July holiday by limiting the sale of "safe and sane' fireworks to July 1st through July 3`d, between the hours of 8:00 a.m. and 10:00 p.m.; and July 4th between the hours of 8:00 a.m. and 8:00 p.m. The proposed ordinance also explicitly prohibits the sale of "Dangerous Fireworks' (i.e., those that are not designated as "safe and sane') at all times. B. Use, Display or Discharge of "Safe and Sane" Fireworks The current provisions allowing for the liberal discharge of "safe and sane" fireworks on days other than the 4th of July holiday may subsequently affect the peace, health, safety, and general welfare of the City residents and the general public when discharge of "safe and sane' fireworks is permitted to occur during non -holiday hours. The proposed ordinance limits the hours of use or discharge of "safe and sane' fireworks to the July 4th holiday between the hours of 12:00 p.m. and 10:00 p.m. Proposed Ordinance No. 13-968 also explicitly prohibits the use or discharge of "Dangerous Fireworks" at all times, and prohibits the possession of Dangerous Fireworks in the amount of 25 pounds or less at all times [Possession of Dangerous Fireworks in excess of 25 pounds is covered by the State Health & Safety Code]. C. Permit for Public Displays of Fireworks and/or Special Effects There are currently no provisions for the public display of fireworks and/or special events. The proposed ordinance would require permits for the discharge of "Dangerous Fireworks" for public display and/or any use of special effects. The permits would be issued by the Los Angeles County Fire Chief. The addition of "Dangerous Fireworks" permits allows the City (and Fire Department) to monitor and regulate the discharge of "Dangerous Fireworks' to ensure it is done at an approved location and in a manner that will not endanger the public or create hazards. Additionally, permits for the discharge of "Dangerous Fireworks' ensure that "Dangerous Fireworks" will be handled by a licensed pyrotechnic operator. D. Violations The current code does not contain adequate penalty provisions. Under the current fireworks code, violation of conditions in the code results in the seizure, removal, or disposal of fireworks by the Los Angeles County Fire Chief at the expense of the owner. The proposed ordinance provides additional regulations to facilitate compliance by authorizing the City to issue administrative fines. It is recommended that the City Council adopt Ordinance No. 13-968 to benefit the general health, safety, and welfare of the community. In Los Angeles County, 49 cities and all unincorporated areas ban all fireworks, even those that are designated by the State Fire Marshall to be "safe -and -sane' because they believe that "safe -and -sane' City Council April 2, 2013 Page 5 fireworks can be dangerous. The neighboring cities of: Los Angeles, Arcadia, San Marino, Sierra Madre, South Pasadena, and Pasadena ban fireworks all together; conversely, 39 cities, including Temple City, permit "safe and sane" fireworks. While the City is not proposing a complete fireworks ban, the City recognizes the need to protect the public safety by implementing reasonable regulations for the sale, use, discharge, and display of fireworks. .610111 IN WRI[a]iqF During the past year, the City has enacted several amendments (i.e., Property Maintenance, Shopping Cart Containment, and Vacant Property Registration) to the Temple City Municipal Code aimed at maintaining and enhancing the City's quality of life. Staffs extensive review and analysis of the Fire Code has demonstrated that the City's fireworks laws contain conflicting and ambiguous verbiage. The City's current fireworks laws are outdated and have not been adapted to adequately respond to growing concerns by City officials and the public relating to the possession, sale, and discharge of fireworks. In order to allow the City to provide ample notification to vendors and to conduct an extensive outreach campaign for residents, all provisions of the proposed ordinance would become effective beginning August 1, 2013 – however, the current fireworks regulations contained within the municipal code would remain in effect until July 31, 2013. 0610e1ah,W-11"Ii Adoption of proposed Ordinance No. 13-968 will not cause fiscal impact upon the City's budget. After August 1, 2013, when provisions of proposed Ordinance No. 13-968 become effective, the City will generate revenue from the issuance of fireworks permits. However, the increase in revenue would be used to offset the costs incurred from the processing and enforcement of the proposed ordinance. ATTACHMENT: A. Draft Ordinance No. 13-968 ATTACHMENT A CITY OF TEMPLE CITY ORDINANCE NO. 13-968 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY MODIFYING AND ENHANCING REGULATIONS RELATING TO THE POSSESSION, SALE, AND DISCHARGE OF FIREWORKS IN THE CITY OF TEMPLE CITY. WHEREAS, an estimated 8,600 fireworks -related injuries were treated at United States hospital emergency rooms in 2010, with more than 50% of the injuries being sustained by children and young adults under the age of 20; and WHEREAS, over 50% of the injuries sustained as a result of fireworks - related injuries in 2010 involved burns to the head (including face, eyes, and ears), hands, fingers, and legs; and WHEREAS, in 2009, fireworks caused an estimated 18,000 reported fires, including 1,300 structure fires, 400 vehicle fires, and 16,300 outside and other fires — resulting in approximately $38 million in direct property damage; and WHEREAS, in 2007 the California Legislature recognized the dangers of illegal fireworks and enacted SB 839 that imposes additional regulations including, but not limited to, the following: • The legislature realized the penalties set forth in existing law did not address the amount of fireworks that were in a violator's possession; however the legislature has remedied this by placing weight limits and establishing penalties related to the weight (Health & Safety Code §12700); and • State law currently prohibits the sale of fireworks to minors under the age of 16, however the legislature added more stringent penalties for subsequent convictions, including limiting the judges' options; and • State law allows for the suspension of the driving privileges of anyone transporting more than 10,000 lbs. of unaltered dangerous fireworks; and • State law further mandates that fines and/or forfeitures imposed by or collected in any court enforcing these regulations is to be distributed to the local public safety agency to defray the costs of handling, processing, photographing, and storing seized dangerous fireworks; WHEREAS, in 2007, the California Legislature enacted SB 839 amending the State Fireworks Law to authorize local jurisdictions, as of January 1, 2008, to prohibit the possession of dangerous fireworks in the amount of 25 pounds or Page 1 of 8 less and to assess a civil fine for the unlawful possession of 25 pounds or less of dangerous fireworks; WHEREAS, SB 839 mandates the amendment of any ordinance of a local jurisdiction in effect on or after January 1, 2008, that is related to dangerous fireworks to: • Include provisions for cost reimbursement to the Office of the State Fire Marshal and the collection of disposal costs as part of an administrative fine; and • Provide that fines collected pursuant to the ordinance shall not be subject to the disbursement required by section 12706 of the California Health & Safety Code; and • Limit the prohibition on the possession of dangerous fireworks to those persons who possess 25 pounds or less; WHEREAS, the City of Temple City has a substantial interest in promoting compliance with the federal, state and local laws intended to safeguard the members of the community especially protecting children from being influenced by the misconduct of adults; and WHEREAS, the State of California authorizes local governments to regulate the sale, use, and/or discharge of fireworks; WHEREAS, the City of Temple City recognizes that all fireworks, including those designated as "Safe and Sane", create potential hazards to the public's health, safety and general welfare; and WHEREAS, the City of Temple City recognizes the need to implement reasonable regulations for the sale, use, discharge and display of fireworks in order to protect the safety of spectators, property owners, residents, and visitors of the City; and WHEREAS, it is the intent of the City Council, in enacting this ordinance, to encourage responsible use of legal fireworks and to discourage the possession, use, sale or distribution or discharge of illegal fireworks, but not to reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalties provided therein; and WHEREAS, it is the intent of the City Council to reasonably regulate the sale, use, display and discharge of Safe and Sane Fireworks within the City to protect the public health, safety and general welfare; and WHEREAS, the City Council determines that the adoption of this ordinance regulating the possession, sale, use, and discharge of fireworks is necessary in order to comply with the State Fireworks Law, and, in light of the Page 2 of 8 concerns noted herein, to preserve the public peace, health, safety, and general welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1: The following Sections of Chapter 1 ("Fire Code") of Title 3 ("Public Safety") of the Temple City Municipal Code are hereby repealed and deleted in their entirety; provided, however, that such repeal shall not affect or excuse any violation of said Sections that occurred prior to the effective date of this Ordinance, nor shall such repeal impede, deter, impact, or negate any administrative, civil, or criminal enforcement of any violation of said Sections that occurred prior to the effective date of this Ordinance: (1) Section 3105 ("Manufacture of Fireworks"); (2) Section 3106 ("Possession and Sale of Fireworks"); (3) Section 3107 ("Bond/Insurance Required for Permits"); (4) Section 3108 ("Disposal of Unused Fireworks"); (5) Section 3109 ("Fireworks Used by Transportation Agencies"); (6) Section 3111 ("Sale/Discharge of Fireworks"); and, (7) Section 3112 ("Unlawful Discharge"). SECTION 2: A new Section 3105 ("Definitions") of Chapter 1 ("Fire Code") of Title 3 ("Public Safety") of the Temple City Municipal Code is hereby added to read as follows: 3105: DEFINITIONS The most current adopted definitions set forth in the State Fireworks Law (California Health & Safety Code Sections 12500 et seq.) will define the terms used in Sections 3105 through 3119 of this Chapter unless otherwise modified herein: A. "City' shall mean the City of Temple City. B. "Dangerous fireworks" shall mean any fireworks specified as such in the State Fireworks Law, Health & Safety Code section 12505, and such other fireworks as may be determined to be dangerous by the State Fire Marshal. "Dangerous fireworks" shall include any Safe and Sane fireworks that have been Page 3 of 8 altered in such a manner as to provide said fireworks the qualities of dangerous fireworks as defined herein. C. "Fireworks permit' shall mean a permit issued by the City to sell Safe and Sane fireworks within the City in accordance with the provisions of this Chapter. D. "Min&' shall mean a person under the age of 18 years. SECTION 3: A new Section 3106 ("General Prohibition Against Possession, Sale, Use, Display, or Discharge of Dangerous Fireworks") of Chapter 1 ("Fire Code") of Title 3 ("Public Safety") of the Temple City Municipal Code is hereby added to read as follows: 3106: GENERAL PROHIBITION AGAINST MANUFACTURE, SALE, USE, DISPLAY, DISCHARGE, OR POSSESSION OF DANGEROUS FIREWORKS A. Except as otherwise provided in this Chapter, no person shall manufacture, use, discharge, sell, offer for sale, or display for sale any Dangerous Fireworks or any altered Safe and Sane fireworks within the City limits. B. Except as otherwise provided in this Chapter, no person shall possess 25 pounds or less (gross weight including packaging) of any dangerous fireworks. SECTION 4: A new Section 3107 ("Sale of Safe and Sane Fireworks") of Chapter 1 ("Fire Code") of Title 3 ("Public Safety") of the Temple City Municipal Code is hereby added to read as follows: 3107: SALE OF SAFE AND SANE FIREWORKS A. Permit Required: It shall be unlawful for any person to sell, offer for sale, or display for sale any Safe and Sane fireworks within the City limits without having first procured a valid fireworks permit in accordance with the provisions of this Chapter. B. Location of Sales: It shall be unlawful for any person to sell, offer for sale, or display for sale any Safe and Sane fireworks with the City limits unless the sale, display for sale, or offer for sale occurs within a designated structure pursuant to Section 3118 of this Chapter. C. Hours of Sale: It shall be unlawful to sell, offer for sale, or display for sale any Safe and Sane fireworks within the City limits except on July 1St Page 4 of 8 through July 3`d, between the hours of 8:00 a.m. and 10 p.m.; and on July 4th between 8:00 a.m. and 8:00 p.m. D. Sale to Minors Prohibited: It shall be unlawful for any person to cause, permit, allow, aid, abet, or suffer the sale of any Safe and Sane Fireworks to a minor at any time. SECTION 5: A new Section 3108 ("Use, Display or Discharge of Safe and Sane Fireworks") of Chapter 1 ("Fire Code") of Title 3 ("Public Safety") of the Temple City Municipal Code is hereby added to read as follows: 3108: USE, DISPLAY OR DISCHARGE OF SAFE AND SANE FIREWORKS Except as otherwise provided in this Chapter, no person shall use, discharge, sell, offer for sale, or display for sale any Safe and Sane Fireworks within City limits. It shall also be unlawful for any person having care, custody, or control of real property to suffer or permit any person to use, discharge, sell, offer for sale, or display for sale any fireworks thereon unless in accordance with the provisions of this Chapter. A. Hours of Discharge: Except as otherwise provided in this Chapter, it shall be unlawful for any person to use or discharge any Safe and Sane Fireworks except on July 4th during the hours of 12:00 p.m. (noon) to 10:00 p.m. B. Location Limitations of Discharqe: Except as otherwise provided in this Chapter, it shall be unlawful for any person to ignite, discharge, project or otherwise fire or use any Safe and Sane Fireworks upon or over or onto the property of another without his/her consent or within ten (10') feet of any residence, dwelling or other structure used as a place of habitation by human beings or within any City park. No person shall ignite, discharge, project or otherwise fire or use any Safe and Sane Fireworks within fifty feet (50') of any Fireworks Stand. C. Discharqe by Minors Prohibited: It shall be unlawful for any minor to use, discharge, explode, fire, or set off any Safe and Sane Fireworks unless under the direct supervision and in the immediate presence of a parent, legal guardian, or other custodial adult 18 -years of age or older and during the times permitted by this Chapter. It shall also be unlawful for any person having the care, custody or control of a minor to permit such minor to use, discharge, explode, fire or set off any Dangerous Fireworks or any altered Safe and Sane Fireworks, at any time, or to permit such minor to use, discharge, explode, fire or set off any Safe and Sane Fireworks unless such minor does so under the direct supervision and in Page 5 of 8 the immediate presence of a parent, legal guardian, or other custodial adult 18 - years of age or older and during the times permitted by this Chapter. SECTION 6: A new Section 3109 ("Permit for Public Displays of Fireworks and/or Special Effects") of Chapter 1 ("Fire Code") of Title 3 ("Public Safety") of the Temple City Municipal Code is hereby added to read as follows: 3109: PERMIT FOR PUBLIC DISPLAYS OF FIREWORKS AND/OR SPECIAL EFFECTS A. Permit Reauired: It shall be unlawful to cause, allow, permit, aid, abet, or suffer any discharge of Dangerous Fireworks (including a public display) or any use of special effects without having first obtained a permit therefor from the Fire Chief. B. Rules and Reaulations: The Fire Chief shall have authority to adopt reasonable rules and regulations for the granting of non-transferrable permits for those activities contained in Section 12640 of the California Health and Safety Code, including supervised public displays of fireworks by a jurisdiction, fair association, amusement park, other organization, or for the use of fireworks by artisans in pursuit of their trade. Each such use or display shall be handled by a licensed pyrotechnic operator (as defined by Section 12527 of the California Health and Safety Code) in accordance with a City -issued permit, and shall be of such character and so located, discharged or fired as in the opinion of the Fire Chief or his designee, after proper investigation, will not be hazardous or endanger any person. A permittee shall strictly adhere to any rules, regulations, or conditions pertaining to the granting of a permit. C. Required Bond/Insurance: The permittee for a fireworks display shall furnish a bond or certificate of insurance in an amount deemed adequate by the City Manager (or designee thereof) for the payment of all damages which may be caused either to a person or persons or to property by reason of the permitted display, and arising from any acts of the permittee and/or agents, employees, or subcontractors thereof. D. Disposal of Unused Fireworks: The permittee of any fireworks display, having any fireworks that are unfired after the display has concluded, shall immediately dispose of same in a safe manner for the particular type of fireworks remaining and in accordance with all applicable laws. SECTION 7: Section 3110 ("Seizure of Goods in Violation of this Chapter') of Chapter 1 ("Fire Code") of Title 3 ('Public Safety') of the Temple City Municipal Code is hereby amended to read as follows: Page 6 of 8 3110: SEIZURE OF FIREWORKS IN VIOLATION OF CHAPTER The fire chief (or designee thereof) shall seize, take, remove, and dispose of (in an approved manner) or cause to be seized, removed, and disposed of (in an approved manner), at the expense of the owner of same, all fireworks offered or exposed for sale, stored, possessed, or used in violation of this Code. The seizure and disposal shall be conducted in accordance with the California Health & Safety Code and other applicable laws. SECTION 8: A new Section 3119 ("Violations") of Chapter 1 ("Fire Code") of Title 3 ("Public Safety") of the Temple City Municipal Code is hereby added to read as follows: 3119: VIOLATIONS A. Any person who causes, permits, aids, abets, or suffers a violation of any provision of this Chapter (with the exception of a violation of Section 3106(B)), or who fails to comply with any obligation or requirement of this Chapter, or who fails to strictly adhere to any condition of a permit issued pursuant to this Chapter, is guilty of a misdemeanor offense punishable in accordance with Section 1200 of this Code. B. Any person who causes, permits, aids, abets, or suffers a violation of any provision of this Chapter (including a violation of Section 3106(B)), or who fails to comply with any obligation or requirement of this Chapter, or who fails to strictly adhere to any condition of a permit issued pursuant to this Chapter, is subject to an administrative fine in accordance with Title 1, Chapter 4 of this Code. SECTION 9: If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. SECTION 10: This Ordinance shall be effective on August 1, 2013. SECTION 11: The City Clerk, or her duly appointed deputy, shall attest to the adoption of this Ordinance, and shall cause this Ordinance to be posted in the manner required by law. Page 7 of 8 ORDINANCE NO. 13-968 HAD ITS FIRST READING ON APRIL 2, 2013, ITS SECOND REDING ON APRIL 16, 2013, AND WAS DULY PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AT ITS REGULAR MEETING OF APRIL 16, 2013. Attest City Clerk Page 8 of 8 Cynthia Sternquist, Mayor