HomeMy WebLinkAboutMC-1195
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Adopted: May 2, 2005
Effective: June 2, 2005
I ORDINANCE NO. KC-1l95
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
8.60.070(P) OFTHE SAN BERNARDINO MUNICIPAL CODE, ADDING SECTION 8.60.095
3 TO THE SAN BERNARDINO MUNICIPAL CODE, AND AMENDING SECTIONS
8.60.130(A) AND (C) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
4 FIREWORKS.
5 WHEREAS, the use of dangerous fireworks is increasing in the City of San Bernardino; and
6 WHEREAS, dangerous fireworks can lead to injuries to persons and damage to
7 property; and
8 WHEREAS, the City wishes to reduce the incidence of in juries and damage that result from
9 the use of dangerous fireworks within the City:
10 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
II BERNARDINO DO ORDAIN AS FOLLOWS:
12 SECTION 1. San Bernardino Municipal Code Section 8.60.070(P) is amended to now read
in its entirety as follows:
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"8.60.070 Operation of temporary fireworks stand.
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The sale of fireworks shall not begin before twelve noon on the I st day of July
and shall not continue after midnight on the 4th day of July."
SECTION 2. San Bernardino Municipal Code Section 8.60.095 is added to read as
follows:
P.
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"8.60.095 Regulatory fee for licensee.
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A.
The City shall assess a regulatory fee on all fireworks sales that occur within the City
of San Bernardino. The regulatory fee, based on the gross sales of fireworks, shall be
paid by the licensee. The purpose ofthe regulatory fee is to raise sufficient funds for
the City of San Bernardino to pay for fireworks public education and an awareness
campaign about fireworks, and for enforcing the provisions ofthis Chapter, including
extra personnel time for fire inspection and enforcement duties.
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B.
Prior to imposing the fee, the City shall prepare a study of the anticipated cost for
fireworks education, awareness, and enforcement. After preparing the study, the
Mayor and Common Council shall adopt a Resolution setting the regulatory fee rate
no later than the last meeting prior to the first day of fireworks sales pursuant to
Section 8.60.070(P). The regulatory fee rate shall not exceed ten (10) percent of the
total gross sales of the fireworks sold in the City by licensees during the period set
forth in Section 8.60.070(P).
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c.
The Finance Department, each year, shall determine each licensee's share of the
regulatory fee based on the licensee's fireworks sales financial statements. Each
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KC-1l95
2
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
8.60.070(P) OFTHE SAN BERNARDINO MUNICIPAL CODE, ADDING SECTION 8.60.095
TO THE SAN BERNARDINO MUNICIPAL CODE, AND AMENDING SECTIONS
8.60.130(A) AND (C) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
FIREWORKS.
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licensee shall provide its fireworks sales financial statements to the City no later than
August 31 st for the period set forth in Section 8.60.070(P). After the Finance
Department receives the financial statements, the Finance Department shall invoice
each licensee for their share of the total annual regulatory fee. Payment of the
regulatory fee by each licensee shall be due to the City thirty (30) days following
issuance of the invoice.
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D.
Failure by any licensee to pay the amount invoiced by the City's Finance Department
shall be cause to disqualify the licensee from obtaining a license to sell fireworks in
the City in the future. In the event that the regulatory fee is not paid by the due date,
it shall be subject to a ten (10) percent penalty for each month or portion of a month
that it is overdue. If not paid by the due date, the amount becomes a debt owed the
City subject to collection by legal process.
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SECTION 3. San Bernardino Municipal Code Section 8.60.130(A) is amended to now read in its
entirety as follows:
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8.60.130 Prohibitions on sale and discharge.
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"A. It is unlawful for any person, organization, group, association, etc., to sell any
fireworks except during the time period specified in Section 8.60.070(P)."
SECTION 4. San Bernardino Municipal Code Section 8.60.130(C) is amended to now read in its
entirety as follows:
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8.60.130 Prohibitions on sale and discharge.
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"C.
It is unlawful for any person, organization, group, association, etc., to ignite, explode,
project, or otherwise fire or use, any fireworks, or permit the ignition, explosion or
projection thereof, except during the period specified in Section 8.60.070(P)."
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MC-1l95
I
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
8.60.070(P) OFTHE SAN BERNARDINO MUNICIPAL CODE, ADDING SECTION 8.60.095
TO THE SAN BERNARDINO MUNICIPAL CODE, AND AMENDING SECTIONS
8.60.130(A) AND (C) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
FIREWORKS.
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a j t. regular meeting thereof, held on the
6 2nd day of
May
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COUNCIL MEMBERS:
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ESTRADA
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LONGVILLE
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MCGINNIS
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DERRY
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KELLEY
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JOHNSON
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MCCAMMACK
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,2005, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
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I'~, i CO" I'
i,_.J-_\-n.( f(.( \. j (--.ct('.<- '2_
City Clerk
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The foregoing Ordinance is hereby approved this3rd day of May
,2005.
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21 Approved as to form
and legal content:
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JAMES F. PENMAN
c;~r;;;frk!l fl!bM)
By
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