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HomeMy Public PortalAboutOrdinance 13-9681 1 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 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 Tight of the 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: 2 1 1 1 1 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 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. "Minor" 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 through July 3rd, 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. 3 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 Discharge: 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. Discharge 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 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 Required: 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 Regulations: 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 4 1 1 1 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: 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. PASSED, APPROVED, AND ADOPTED this 16th day of April 013. ATTEST: APPROVED AS TO FORM: I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 13 -971 was introduced at the regular meeting of the City Council of the City of Temple City held on the 2nd day of April 2013, its second reading on 16th day of April, 2013, and was duly passed, approved and adopted by said Council at the regular meeting held on 16th day of April, 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmember- Chavez, Vizcarra, Yu: Blum, Sternquist Councilmember -None Councilmember -None Councilmember -None 6 1 1 1