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HomeMy Public PortalAboutOrd. 1741ORDINANCE NO. 1741 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING THE ADMINISTRATIVE FINES FOR VIOLATION OF LYNWOOD MUNICIPAL CODE SECTION 12-2.19 (FIREWORKS: VIOLATIONS - PENALTIES) THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. 1.1 The City of Lynwood is a general law City under California law with a recognized mandate to preserve, protect, and enhance the general health and welfare of its residents. 1.2 The Government Finance Officers Association (GFOA) states: "A government should adopt policies that identify the manner in which fees a'nd charges are set and the extent to which they cover the cost of the service provided". 1.3 The Municipal Code of the City of Lynwood contains certain administrative fines, which are established by the City Council. 1.4 Administrative fines are to be set at a level to cover all business costs associated with providing certain services. 1.5 Pursuant to Government Code §66016, the specific fees to be charged for services must be adopted by the City Council by resolution or ordinance, after providing notice and holding a public hearing. Section 2. The Lynwood City Council imposes the following fines in the Lynwood Municipal Code: 12-2 Fireworks 12-2.19 Violations - Penalties. a. Possession of dangerous fireworks: (1) Gross weight 25 pounds or less, including packing: Fine Amount $1,000 for First and Subsequent Offenses in the same year (2) Gross weight between 26 and 100 pounds, including packing: Fine Amount $5,000 for First and Subsequent Offenses in the same year (3) Gross weight more than 100 pounds, including packing: Fine Amount $10,000 for First and Subsequent Offenses in the same year b. Discharging dangerous and/or screaming fireworks: Fine Amount $1,000 for First Offense Fine Amount $5,000 for Second or Subsequent Offenses in the same year c. Discharging Safe and Sane fireworks in any manner other than in compliance with the instructions of the manufacturer: Fine Amount $1,000 for First Offense 1. Fine Amount $5,000 for Second or Subsequent Offenses in the same year d. Discharging Safe and Sane fireworks in any manner other than in compliance with the Lynwood Municipal Code: Fine Amount $1,000 for First Offense Fine Amount $5,000 for Second or Subsequent Offenses in the same year e. Sale of dangerous fireworks: Fine Amount $1,000 for First Offense Fine Amount $5,000 for Second or Subsequent Offenses in the same year Section 3. Environmental Documentation. Increasing administrative fines in the Lynwood Municipal Code (LMC) is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no significant effect on the environment. Section 4. Effective Date: This Ordinance shall take effect thirty (30) days after its adoption. e Section 5. Adoption. The City Clerk shall certify to the adoption of this Ordinance and shall publish a summary of this Ordinance and post a certified copy of the full Ordinance in the office of the City Clerk at least five days prior to the adoption and within 15 days after adoption of the Ordinance, the City Clerk shall publish as summary of the Ordinance with the names of the Councilmembers voting for and against this Ordinance. This Ordinance shall take effect thirty (30) days after the date of its adoption. Section 6. The City Clerk shall certify to the adoption of this Ordinance. PASSED, APPROVED AND ADOPTED THIS 18th day of May 2021. ATTEST: tJ MaridQuinonez, City Clerk APPROVED AS TO FORM Noel Tapia, City Attorn r Bela Sa ana May or yor APPROVED AT TO CONTENT rnie H Th ez, City Manager 2 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) )§ I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Ordinance was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 18th day of May 2021, and passed by the following votes: ROLL CALL: AYES: COUNCIL MEMBERS FLORES, SOLACHE, SOTO, MAYOR PRO TEM CASANOVA AND MAYOR SANTANA NOES: NONE ABSTAIN: NONE ABSENT: NONE Maria Quinonez, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) )§ ) l6/z5 I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Ordinance No. 1741 on file in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 18th day of May 2021. M. pia Quinonez, City Clerk 3