CC - Item 4C - Ordinance No. 955 - Second Reading: Municipal Code Amendment 15-05 - Adoption of Amended Fireworks Ordinance —-is M F
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ROSEMEAD CITY COUNCIL
CIVIC. PRIDE STAFF REPORT
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,VCCRPDRATED Ae
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER A /
DATE: NOVEMBER 24, 2015
SUBJECT: ORDINANCE NO. 955 — SECOND READING: MUNICIPAL CODE
AMENDMENT 15-05 — ADOPTION OF AMENDED FIREWORKS
ORDINANCE
SUMMARY
On September 22, 2015, the City Council introduced Ordinance No. 955, amending (in
its entirety) Chapter 8.28 of the City's Health and Safety Code (Title 8 of the Rosemead
Municipal Code) entitled Fireworks. On October 27, 2015 the City Council reintroduced
Ordinance No. 955 due to substantial changes made to the ordinance during the
Council meeting. On November 10, 2015, the City Council again reintroduced
Ordinance No. 955 due to substantial changes made to the ordinance during the
Council meeting. Ordinance No. 955 is now before Council at the required second
reading for adoption.
Staff Recommendation
It is recommended that the City Council ADOPT Ordinance No. 955 at its second
reading.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
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Michelle G. Ramirez
Community Development Director
Attachment A: Ordinance No. 955
. ITEM NO. 4.0
ATTACHMENT "A"
ORDINANCE NO. 955
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT
15-05 AMENDING SUBSECTION 8.28 IN ITS ENTIRETY OF
TITLE 8 (HEALTH AND SAFETY) OF THE CITY OF
ROSEMEAD MUNICIPAL CODE RELATED TO REGULATING
FIREWORKS AND TEMPORARY FIREWORKS STANDS
THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. Chapter 8.28 of the Rosemead Municipal Code is hereby amended
in its entirety to read as follows:
"Chapter 8.28
F i reworks
Sections:
8.28.010 Purpose and Intent.
8.28.020 Definitions.
8.28.030 Prohibitions.
8.28.040 Administration by City Manager.
8.28.050 Notices.
8.28.060 Form and Content of Application.
8.28.070 Permit Issuance.
8.28.080 Permit Denial.
8.28.090 General conditions.
8.28.100 Temporary stands-Regulations.
8.28.110 Storage and discharge of fireworks by consumer.
8.28.120 Prohibitions on discharge.
8.28.130. Enforcement.
8.28.140. Permit Suspension and Revocation.
8.28.150. No new permit after revocation.
8.28.160. Administrative appeals.
8.28.170. Content of Notices.
8.28.180. Right to Judicial Review.
8.28.010. Purpose.
This chapter is adopted pursuant to the City's police powers for the purpose of
protecting public health and safety, while also promoting public welfare and Nonprofit
Organizations' contribution to the community by allowing temporary fireworks sales.
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8.28.020. Definitions.
Unless the particular provision or the context otherwise requires, the definitions
and provisions contained in this chapter shall govern the construction, meaning, and
application of words and phrases used in this chapter.
"City" means the City of Rosemead.
"City Council" means the City Council of the City of Rosemead.
"City Manager" means the City Manager of the City of Rosemead, or his or her
designated representative.
"County" means the County of Los Angeles.
"Fireworks" means "safe and sane" fireworks defined by Health and Safety Code
§ 12529;
"Fireworks sales" means selling or offering "safe and sane" fireworks for sale.
"Nonprofit Organization" means:
(a) A charitable organization that has the legal status as a § 501(c)(3)
through (14) of the Internal Revenue Code and will be the holder of the
permit issued pursuant to this chapter to sell Fireworks; and
(b) Must be located and have their principal business. address within the
City's boundaries and conducted meetings regularly within the City for
not less than three consecutive years immediately preceding an
application for a fireworks permit.
"Temporary stand" means a temporary stand or structure used for fireworks sales
operated and maintained by a charitable organization.
"Unlawful fireworks" means "dangerous fireworks" defined by Health and Safety
Code § 12505.
"Wholesale fireworks distributor" means a person, company, firm, etc., who is
lawfully engaged in the business of distribution and sale of"safe and sane"fireworks (i.e.
Phantom Fireworks, TNT Fireworks, etc.)
8.28.030 Prohibitions.
A. It is unlawful for any person to engage in fireworks sales without a valid permit
issued pursuant to this chapter for each location at which activity is proposed to
occur.
B. It is unlawful for any person to store or discharge fireworks except as provided in
this chapter.
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C. It is unlawful for any person to sell, offer for sale, store, or discharge any unlawful
fireworks.
8.28.040 Administration by City Manager.
The City Manager is authorized to administer and enforce this chapter.
8.28.050 Notices.
A. Where the provisions of this chapter require that a Nonprofit Organization be
served with notice, such notice is deemed served when personally delivered to
such Nonprofit Organization or when deposited in the first class U.S. Mail,
addressed to such Nonprofit Organization at the Nonprofit Organization's last
known address.
B. Unless otherwise provided, written notification to a Nonprofit Organization of a
permit decision will state with particularity the basis for such decision.
8.28.060 Form and Content of Application.
A. Permit applications must be filed by a wholesale fireworks distributor in the name
of each Nonprofit Organization proposing to conduct fireworks sales. Only
Nonprofit Organizations that are incorporated pursuant to state law may operate a
fireworks stand.
B. Every application must be signed by the Nonprofit Organization, or the Nonprofit
Organization's authorized representative, under penalty of perjury.
C. Every application must include proof of a lease or other written authorization from
the owner or person in lawful possession of the entire lot or parcel upon which the
fireworks stand is to be located. The lessor may enter upon, and evict the Nonprofit
Organization upon notice from the City that the Nonprofit Organization is in
violation of any requirement of this chapter, and the City may enter upon any part
of the premises for purposes of enforcing any requirement of this chapter.
D. Permit applications will be in writing in a form prescribed by the City Manager and
contain all of the following information:
1. The name, mailing address, and daytime and evening telephone numbers
of the person filing the application;
2. The address and telephone number of the location for which a permit is
sought;
3. The name and mailing address authorized by each Nonprofit Organization
to receive all notices. If such an address is not supplied, notices will be sent
to the known business address;
4. The names of the persons who will be present operating the temporary
stand on behalf of the Nonprofit Organization.
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5. Whether or not the Nonprofit Organization was previously issued a permit
under this chapter that was revoked and, if so, the revocation date; and
6. Such other information as the City Manager deems reasonably necessary
for administering or enforcing this chapter.
E. Applications for fireworks permits must be filed with the City of Rosemead no later
than 4:00 p.m. May 1st of the year for which the permit is requested.
F. All applications must be accompanied with a nonrefundable fee established by City
Council resolution.
8.28.70 Permit Issuance.
A. The City must issue a permit if:
1. The application was complete in accordance with this chapter;
2. The Nonprofit Organization/wholesale fireworks distributor pays all
applicable fees (as established by City Council Resolution);
3. There are no grounds for denying the permit; and
4. Nonprofit Organization accepts the permit approval or conditional approval
in writing.
B. Use of any permit issued pursuant to this chapter must conform to this chapter.
C. No Nonprofit Organization will be issued more than one fireworks permit within the
City.
8.28.080 Permit Denial.
A permit must be denied for the following reasons:
A. The application is incomplete;
B. The Nonprofit Organization failed to provide reasonable supplemental application
information requested by the City;
C. Information submitted by the Nonprofit Organization is materially false;
b. The application is submitted on behalf of a Nonprofit Organization whose permit
was revoked within three years prior to the date the application is submitted; or
E. The application seeks authorization for fireworks sales that is prohibited by this
code or unlawful under any other local, state, or federal law.
8.28.090 General conditions.
Nonprofit Organizations must:
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A. Comply with all local, state, and federal laws regulating fireworks including, without •
limitation, this code;
B. Allow authorized City Officials (i.e. Building Official, Public Safety staff, etc.) to
enter onto permitted premises to ensure compliance with this chapter during
business hours.
C. Each permit issued by this chapter must be prominently displayed in a publicly
visible location at the Nonprofit Organization's location.
D. The use of sound amplification equipment is prohibited.
E. Unless suspended or revoked, permits issued pursuant to this chapter are valid
from noon (12:00 p.m.) on June 28th through one minute past eleven p.m. (11:01
p.m.) on the July 4th, inclusive, each year. Fireworks sales are prohibited at all
other times.
F. Nothing in this chapter is intended to, nor does it, grant to a Nonprofit Organization
privileges other than permission to conduct fireworks sales in accordance with this
chapter.
G. A permit issued pursuant to this chapter is nontransferable. Any change in
business name or location requires a new permit issued in-accordance with this
chapter.
H. No permit can be issued unless the Nonprofit Organization represents to the City
that all aspects of the sale of fireworks, including the application for all necessary
permits, will be conducted solely by the Nonprofit Organization. All initial
application fees must be paid prior to the issuance of a permit. Nonprofit
Organization cannot hire or use independent contractors in connection with any
aspect of the fireworks sales. Only adults who are eighteen (18) years of age or
older may staff such stand. If the Nonprofit Organization violates any of the
provisions of this subsection, the City may refuse to renew such permit in the year
following the violation. Prior to reestablishment of a permit, the Nonprofit
Organization would be required to show how they plan on following all provisions
of this chapter.
8.28.100 Temporary stands-Regulations.
All temporary stands for fireworks sales must be located, maintained, and operated
subject to the following provisions:
A. Any Nonprofit Organization operating any such stand must abide by and comply
with all matters set forth in the application for permit and all conditions and
restrictions imposed by the City in granting the permit, and all applicable local,
state and federal laws.
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B. All proposed stands must be separated by a distance of at least five hundred feet
and be fully accessible by the Los Angeles County Fire Department.
C. Before the erection of any such stand, the Nonprofit Organization/wholesale
fireworks distributor must post a security deposit with the City in an amount
determined by City Council resolution that is forfeited to the City should the
Nonprofit Organization fail to remove the stand equipment and all rubbish from the
premises upon which the stand is located to the satisfaction of the City before
midnight of July 11th of the year in which such permit is granted. If the stand,
equipment and rubbish are satisfactorily removed, and the Nonprofit Organization
complied with all other requirements of this chapter, the security deposit will be
returned to the Nonprofit Organization/wholesale fireworks distributor.
D. Before the erection of any such stand, the Nonprofit Organization/wholesale
fireworks distributor must procure public liability and property damage insurance
covering the operation of the Nonprofit Organization in and about the stand and
premises in a minimum amount of one million dollars ($1,000,000) and must file a
certificate of such insurance with the City, which names the City of Rosemead as
an additional insured.
E. No stand shall be delivered to the approved location earlier than June 20th of each
calendar year.
F. No stand can be erected within one hundred feet of any operating gasoline service
station or garage, or within twenty-five feet of any other building.
G. Each permitted premises or stand must maintain two fire extinguishers of at least
two and one-half gallons pressurized water capacity in good order and condition
and of a type approved by the City Manager. "No smoking" signs must be
prominently displayed on the premises.
H. It is unlawful for any person to light or cause or permit to be lighted any tobacco
products, firecracker, fireworks or other combustible article within any such stand
or within twenty-five feet thereof.
I. Any electrical installation must be made by a state-licensed electrical contractor or
by an authorized representative of the Nonprofit Organization in accordance with
the City's electrical code, and a City electrical permit must be obtained.
J. Storage of"Safe and Sane" fireworks for the purpose of setting up sales booths is
permitted beginning at noon (12:00 p.m.) on June 27th of each calendar year.
K. Hours of sale of "Safe and Sane" fireworks shall be limited to between the hours
of noon (12:00 p.m.) and 11:00 p.m. on June 28th and 7:00 a.m. and 11:00 p.m.
from June 29th through July 4th of each calendar year.
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L. Each stand must post a sign (approved by the City Manager or designee), that
reminds customers to properly dispose of their fireworks after they have been
used.
M. Each stand must have an adult (18 years or older) in attendance and in charge
thereof when the stand is not being used for the sale or dispensing of fireworks.
No person shall sleep inside the fireworks stands.
N. No Nonprofit Organization shall sell or transfer any fireworks to a person who is
under eighteen (18) years of age.
O. All unsold stock and accompanying litter shall be removed from the location by
noon (12:00 p.m.) on July 6th of each calendar year.
P. It is unlawful for any Nonprofit Organization to solicit customers or pass out
literature in front of another Nonprofit Organization's stand. Advertising literature
can only be used in front or be dispensed from the stand of the Nonprofit
Organization offering the advertising material. This is not intended to prohibit
newspaper advertising.
Q. Any fireworks permit issued by the City may contain any reasonable conditions
and restrictions. This includes, without limitation, the requirement that fireworks
vendors must provide public safety notices to patrons, such as specific notices of
warning regarding the fines imposed by this code.
8.28.110 Storage and discharge of fireworks.
A. Storage of"Safe and Sane" fireworks is permitted within the City during the period
beginning at noon (12:00 p.m.) on the 28th day of June and ending by at 9:00 p.m.
on the 5th of July of each calendar year.
B. Discharge of "Safe and Sane" fireworks is permitted in the City during the period
of 7:00 a.m. to 11:59 p.m. on July 4th of each calendar year. Discharge of fireworks
before or after this period is prohibited and subject to the issuance of a City citation
(and fine).
C. The Los Angeles County Sheriff Department/Los Angeles County Fire Department
is authorized to remove or cause to be removed or disposed of in an approved
manner, at the expense of the owner; explosives, explosive materials, or fireworks
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offered or exposed for sale, stored, possessed, or used in violation of this chapter.
Seizure shall be conducted in accordance with California Health and Safety Code
Sections 12350 through 12355 and 12721 through 12724 and be subject to a fine
established by City Council resolution.
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8.28.120. Prohibitions on discharge.
In accordance with state law, it is unlawful for any person to do any of the following
and any person found in violation of this, section will be subject to a fine established by
resolution.
A. Ignite, explode, project, or otherwise fire or make use of any unlawful fireworks.
B. Ignite, explode, project, or otherwise fire or make use of any "Safe and Sane"
fireworks within ten feet of any residence, dwelling, or other structure. It is also
unlawful for any person to ignite, explode, project, or otherwise fire or make use of
any "Safe and Sane" fireworks anywhere outside a residential zone, in any public
park or in any public area, unless permitted in accordance with Health and Safety
Code §§ 12640-12650.
C. Possess, store, or permit the storage of any unlawful fireworks.
D. It is unlawful for any property owner residing in the City, or a tenant resident in the
City, to knowingly permit another individual to violate this section.
8.28.130. Enforcement.
A. In addition to the remedies set forth in this chapter, violations of a Nonprofit
Organization's permit may be enforced as follows:
1. Prosecution as infractions or misdemeanors at the City Attorney's discretion as
provided for in the Rosemead Municipal Code.
2. Abated as a public nuisances.
3. Enjoined as unfair business practices that are presumed to nominally damage
each and every resident of the community in which the Nonprofit Organization
operates.
B. The remedies provided by this chapter are cumulative and in addition to any other
criminal or civil remedies.
8.28.140. Permit Suspension and Revocation.
In addition to any other penalty authorized by law, the City Manager may suspend
or revoke a Nonprofit Organization's permit for the following reasons:
A. Providing false or inaccurate statements in an application;
B. Upon learning or discovering facts that require permit denial under this chapter
that were not previously disclosed or reasonably discoverable; or
C. If the Nonprofit Organization violates the permit conditions.
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8.28.150. No new permit after revocation.
Should a Nonprofit Organization's permit be revoked, the Nonprofit Organization
is disqualified from applying for a new permit in-the year following the revocation in
accordance with this chapter. This presumption may be overcome upon a showing of
good cause as to why a permit should be issued following a revocation. Any such
showing must be made to the City Manager's satisfaction or, if the City Manager denies
a permit, to the City Council as prescribed by this chapter.
8.28.160. Administrative appeals.
A Nonprofit Organization is entitled to appeal the City Manager's decisions to the
City Council provided:
A. A request for review must be commenced within ten (10) days from the date on
which written notice of the City Manager's decision is served on the Nonprofit
Organization.
B. A request for appeal must contain the following information:
1. The name, address and telephone number of the person making the request;
2. A description of the decision, determination or order which is the subject of the
review, and the date such decision, determination or order was made or issued;
3. A brief description of all grounds for making the request; and
4. Such other information as may be required by the City.
C. Upon receiving an appeal, the City Council will review the request at their next
regularly scheduled City Council meeting, and provide the appellant with a written
notification that:
1. The City Manager's decision is affirmed;
2. The City Manager's decision is modified;
3. The City Manager's decision is reversed and a permit is issued.
D. The City Council's decision is a final determination.
8.28.170. Content of Notices.
Any notification of action, whether oral or written, must describe with particularity
the facts and the reasons for the decision.
8.28.180. Right to Judicial Review.
A. A Nonprofit Organization may appeal the City Council's decision by filing an appeal
with the Superior Court pursuant to Government Codes 53069.4, or any successor
statute, within twenty (20) days from service of the City Council's decision.
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B. Should a Nonprofit Organization file a timely appeal with the Superior Court, any
requirement to pay a fine is suspended and the payment of the fine, if any, will be
in accordance with the Superior Court decision."
SECTION 2. Environmental Review. The City Council exercises its independent
judgment and finds that this ordinance is exempt from environmental review because the
ordinance involves updates and revisions to existing regulations, and it can be seen with
certainty that the text amendments will have no significant negative effect on the
environment, per CEQA Guidelines, Section 15061(b)(3).
SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase
of this ordinance is for any reason held to be invalid or unconstitutional by a decision of
any court of competent jurisdiction, such decision will not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would have
passed this ordinance and each and every section, subsection, sentence, clause, or
phrase not declared invalid or unconstitutional without regard to whether any portion of
the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. Publication. The City Clerk is directed to cause this ordinance to
be published in the manner required by law.
SECTION 5. Effective Date. The Mayor shall sign and the City Clerk attest to the
passage of this ordinance. The City Clerk shall cause the same to be published once in
the official newspaper within 15 days after its adoption and be in full force and effect thirty
(30) days from its date of adoption.
PASSED, APPROVED, AND ADOPTED this 24th day of November, 2015, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Margaret Clark, Mayor
City of Rosemead, California
ATTEST:
Carol Cowley, Interim City Clerk
City of Rosemead, California
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APPROVED AS TO FORM
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
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