HomeMy Public PortalAboutOrdinance 1101ORDINANCE NO. 1101
AN URGENCY ORDINANCE OF THE CITY OF
BEAUMONT, CALIFORNIA ADDING CHAPTER 9.41
TO THE BEAUMONT MUNICIPAL CODE
PROHIBITING FIREWORKS WITHIN THE CITY OF
BEAUMONT TO PRESERVE PEACE, HEALTH AND
SAFETY
WHEREAS, the City of Beaumont, pursuant to its police power, may adopt regulations
to protect the health, safety, and welfare of the public under California Constitution,
Article XI, section 7 and California Government Code section 37100; and
WHEREAS, the City has the authority under California Government Code section
53069.4 to issue administrative citations; and
WHEREAS, the unlawful use, discharge, possession, storage and sale of fireworks in
the City puts the public at risk of injury and property damage and is a drain on limited
police and fire resources; and
WHEREAS, the City Council finds that it is in the interest of the health, safety and welfare
to prohibit the unlawful use, discharge, possession, storage and sale of fireworks in the
City; and
WHEREAS, the City Council finds that this Ordinance should be adopted on an urgency
basis pursuant to the authority in Government Code section 36937(b) which provides
that an ordinance passed by the City Council takes effect "immediately" if it is passed by
a four -fifths vote of the City Council "for the immediate preservation of the public peace,
health or safety" and contains "a declaration of facts constituting the urgency;" and
WHEREAS, the City, pursuant to the provisions of the California Environmental Quality
Act ("CEQA") (Cal. Pub. Res. § 21000) and State CEQA guidelines (14 CCR 15000),
has determined that this ordinance is exempt pursuant to Section 15601(b)(3) of Title 14
of the California Code of Regulations.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES
HEREBY ORDAIN AS FOLLOWS,:
SECTION 1. URGENCY FINDINGS AND STATEMENT OF PURPOSE AND INTENT.
Pursuant to the requirements of California Government Code section 25123, subdivision
(d), the City Council has determined that the provisions contained herein are necessary
for the immediate preservation of the public peace, health, or safety within the City. Said
determination is based on the following factual circumstances:
Riverside County has long prohibited the personal use and sale of fireworks in
unincorporated areas. The sale, purchase, use, storage and disposal of fireworks in the
City endangers the public safety of its citizens such that fireworks shall be prohibited
from the City as set forth herein and enforcement mechanisms and penalties regarding
the same are imperative.
Illegal fireworks are a serious concern for several reasons. According to a study by the
U.S. Consumer Products Safety Commission for 2017, 250 people on average go to the
emergency room everyday during the month of July with fireworks -related injuries. In
2016, there were 11,100 reported fireworks -related injuries in United States emergency
rooms and over 7,000 of those injuries occurred between the one -month period of June
18, 2016 through July 18, 2018. Children younger than 15 years of age accounted for
nearly 40% of those fireworks -related injuries. On May 14, 2018, Cal Fire suspended
burn permits in the unincorporated areas of the County due to the extreme menace of
destruction by fire to life, improved property, or natural resources caused by critical fire
weather and acute dryness of vegetation in Riverside County.
Immediate action is needed to prohibit the use, sale, transportation, and manufacturing
of fireworks in the City to deter the continued illegal activities and preserve the public
peace, health, safety and welfare.
SECTION 2. The City Council finds that this Urgency Ordinance is necessary as an
emergency measure for preserving the public peace, health, safety and welfare.
SECTION 3. Chapter 9.41 "Fireworks" is hereby added to Title 9 -Public Peace, Morals
and Welfare of the Code of Ordinances --City of Beaumont, CA ("Beaumont Municipal
Code") as set forth on Exhibit A, which Exhibit A is attached hereto and incorporated herein
by this reference.
SECTION 4. This Urgency Ordinance is not a project within the meaning of Section 15378
of the State CEQA (California Environmental Quality Act) Guidelines, because it has no
potential for resulting in physical change in the environment, directly or indirectly. In the
event that this Urgency Ordinance is found to be a project under CEQA, it is subject to the
CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be
seen with certainty to have no possibility of a significant effect on the environment.
SECTION 5. This Urgency Ordinance is 'adopted as an urgency measure pursuant to
section 36937 of the Government Code. This Ordinance is necessary as an emergency
measure for preserving the public peace, health, and safety of the City and its residents.
SECTION 6. Pursuant to section 36937 of the Government Code, this Urgency Ordinance
shall become effective immediately upon adoption.
SECTION 7. The City Clerk shall certify to the adoption of this Urgency Ordinance and
cause publication once in a newspaper of general circulation.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Beaumont, California, held on the 19TH day of June 2018.
AYES: Carroll, Martinez, White, Lara, Santos
NOES:
ABSENT:
ABSTAIN:
Nancy
(Seal)
Attest: ndf r�& )640
reanna Pfeiffer,
Approved as to
John y inkney, C. • Attorney
EXHIBIT A
Chapter 9.41
FIREWORKS
Sections
9.41.010 Definitions.
9.41.020 Prohibition.
9.41.030 Displays.
9.41.040 Exception.
9.41.050 Seizure and Enforcement.
9.41.010 Definitions.
As used in this chapter, the following words shall have the following meaning as used
herein:
A. "Dangerous fireworks" has the same meaning ascribed to it under Section
12505 of the California Health and Safety Code and includes all of the
following:
(1) Any fireworks which contain any of the following:
(a) Arsenic sulfide, arsenates, or arsenites;
(b) Boron;
(c) Chlorates, except:
(i)
In colored smoke mixture in which an equal or greater
amount of sodium bicarbonate is included;
(ii) In caps and party poppers;
(iii) In those small items (such as ground spinners) wherein
the total powder content does not exceed four grams of
which not greater than fifteen (15) percent (or six
hundred (600) milligrams) is potassium, sodium, or
barium chlorate,
(d) Gallates or gallic acid;
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(e) Magnesium (magnesium -aluminum alloys, called magnalium,
are permitted);
(f) Mercury salts;
(g) Phosphorus (red or white except that red phosphorus is
permissible in caps and party poppers);
(h) Picrates or picric acid;
(i) Thiocyanates,
(j) Titanium, except in particle size greater than 100-mesh,
(k) Zirconium;
(2) Firecrackers;
(3) Skyrockets and rockets, including all devices which employ any
combustible or explosive material and which rise in the air during
discharge;
(4) Roman candles, including all devices which discharge balls of fire
into the air;
(5) Chasers, including all devices which dart or travel about the surface
of the ground during discharge;
(6) Sparklers more than ten (10) inches in length or one-fourth of one
inch in diameter;
(7) All fireworks designed and intended by the manufacturer to create
the element of surprise upon the user. These items include, but are
not limited to, auto-foolers, cigarette loads, exploding golf balls, and
trick matches;
(8) Fireworks known as devil -on -the -walk, or any other firework which
explodes through means of friction, unless otherwise classified by
the State Fire Marshal pursuant to this chapter;
(9)
Torpedoes of all kinds which explode on impact;
(10) Fireworks kits;
(11) Such other fireworks examined and tested by the State Fire Marshal
and determined by the State Fire Marshal, with the advice of the
State Board of Fire Services, to possess characteristics of design or
construction which make such fireworks unsafe for use by any
person not specially qualified or trained in the use of fireworks.
B. "Exempt fireworks" has the same meaning ascribed to it under Section
12508 of the California Health and Safety Code and means any special item
containing pyrotechnic compositions which the State Fire Marshall, with the
advice of the State Fire Advisory Board, has investigated and determined
to be limited to industrial, commercial, agricultural use, or religious
ceremonies when authorized by a permit granted by the authority having
jurisdiction.
C. "Fire Marshall" means the Riverside County Fire Marshall or his or her
authorized representatives.
D. "Fireworks" has the same meaning ascribed to it under Section 12511 of the
California Health and Safety Code and means any device containing
chemical elements and chemical compounds capable of burning
independently of the oxygen of the atmosphere and producing audible,
visual, mechanical, or thermal effects which are useful as pyrotechnic
devices or for entertainment. The term "Fireworks" includes, but is not
limited to, devices designated by the manufacturer as fireworks, torpedoes,
skyrockets, roman candles, model rockets, rockets, Daygo bombs,
sparklers, chasers, fountains, smoke sparks, aerial bombs and fireworks
kits.
E. "Fireworks kits" has the same meaning ascribed to it under Section 12512
of the California Health and Safety Code and means any assembly of
materials or explosive substances, which is designed and intended by the
seller to be assembled by the person receiving such material or explosive
substance and when so assembled would come within the definition of
"fireworks."
F. "Police Chief" means the Chief of Police of the City of Beaumont or his or
her authorized representatives.
G. "Public display of fireworks" means an entertainment feature where the
public or a private group is admitted or permitted to view the display or
discharge of dangerous fireworks.
H. "Pyrotechnic operator" means any licensed pyrotechnic operator who, by
examination, experience, and training, has demonstrated the required skill
and ability in the use and discharge of fireworks as authorized by the license
granted.
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"Pyrotechnic special effects material' means a low explosive material, other
than detonating cord, commonly used in motion picture, television,
theatrical or group entertainment production for which a permit from the
chief is required for use or storage.
J. "Safe and sane fireworks" has the same meaning ascribed to it under Section
12529 of the California Health and Safety Code and means any fireworks
which do not come within the definition of "Dangerous Fireworks" or "Exempt
Fireworks."
9.41.020 Prohibition.
A. General. No person shall have in his or her possession, or keep, store, use,
shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give
or transport any fireworks, dangerous fireworks, or safe and sane fireworks,
except for use as agricultural and wildlife fireworks or for use in a public
display of fireworks pursuant to a permit obtained under the provisions of
Sections 12640-12654 of the California Health and Safety Code and this
chapter.
B. Manufacturing Prohibited. The manufacturing of fireworks, dangerous
fireworks, or safe and sane fireworks is prohibited except under special
permits as required by local and state regulations by the Fire Marshall and
the Police Chief.
C. Pyrotechnic Special Effects Material. A permit is required to manufacture,
compound, store or use pyrotechnic special effects material. Permit
application shall be made to the Fire Marshall and the Police Chief. A
permit shall be granted only to a State Fire Marshall licensed pyrotechnic
operator.
9.41.030 Displays.
A. General. Permits are required to conduct a public display of fireworks. Permit
application shall be made to the Fire Marshall and the Police Chief not fewer
than fourteen (14) days prior to the scheduled date of the display. The permit
application shall include a diagram of the grounds on which the display is to be
held showing the point at which the fireworks are to be discharged; the location
of buildings, highways and other lines of communication; the lines behind which
the audience will be restrained; and the location of nearby trees, telegraph or
telephone lines and other overhead obstructions. At the time of permit
application, the Fire Marshall shall be consulted regarding the requirements for
standby fire apparatus.
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B. Supervision. Public display of fireworks operations shall be under the direct
supervision of a pyrotechnic operator. The pyrotechnic operator shall be
responsible for all aspects of a display related to pyrotechnics.
C. Bond Required. The permittee shall furnish a bond or certificate of insurance in
an amount deemed adequate by the Fire Marshall and the Police Chief for the
payment of damages which could be caused either to a person or persons or to
property by reason of the permitted display and arising from acts of the permittee,
agents, employees or subcontractors.
9.41.040 Exception.
Nothing in this chapter shall be construed to prohibit the use of fireworks by railroads or
other transportation agencies for signal purposes or illumination, or the sale or use of
blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or
sports or for use by military organizations.
9.41.050 Seizure and Enforcement.
A. The Fire Marshall and his or her authorized representatives and the Police
Chief and his or her authorized representatives are authorized to enforce
the provisions of this chapter.
B. The Fire Marshall and his or her authorized representatives and the Police
Chief and his or her authorized representatives shall have the authority to
seize, take, and remove any fireworks, dangerous fireworks, and safe and
sane fireworks. The Fire Marshall and his or her authorized representative
and the Police Chief and his or her authorized representative may charge
any person whose fireworks are seized pursuant to this section, a
reasonable amount which is sufficient to cover the cost of transporting,
storing, handling, and disposing of the seized fireworks.
C. Any person who violates any provision of this chapter is guilty of a
misdemeanor, and upon conviction shall be punished as set forth in chapter
1.16 of the Beaumont Municipal Code.
D. Any person who violates any provision of this chapter shall be subject to the
enforcement remedies of chapters 1.16 (General Penalty) and 1.17
(Administrative Code Enforcement) of the Beaumont Municipal Code.
E. Nothing in this chapter shall be intended to limit any of the penalties
provided for under the California Health and Safety Code or Penal Code
with regard to the sale, use, possession, delivery, or transportation of
dangerous fireworks or all of these, nor any other civil or criminal remedies
available to the City, Fire Marshall and his or her authorized
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representatives, or the Police Chief and his or her authorized
representatives.