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Home My WebLink About40-Mayor's Office < .-- CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Subject: An Ordinance of the City of San Bernardino adding Chapter 8.61 Prohibiting Fireworks and repealing Chapter 8.60 of the San Bernardino Municipal Code relating to Fireworks MlCC Meeting Date: September 20, 2004 From: Mayor Judith Valles Dept: Mayor's Office ORlGiNAl Date: September 15, 2004 Synopsis of Previous Council Action: Recommended Motion: That said ordinance be laid over for final adoption. Contact person: Ppggi l-l:::t71pttl Ac:c:ic:hmt tn thp. M~yor Supporting data attached: Staff Report FUNDING REQUIREMENTS: Amount: None phnnp' ,R4_~n, Ward: All Source: (Acct. No.) ( A PC't np(:C'nptinn) Council Notes: Finance: /{D r/~O/01 Agenda Item No. STAFF REPORT Subiect: An Ordinance of the City of San Bernardino adding Chapter 8.61 prohibiting Fireworks and repealing Chapter 8.60 of the San Bernardino Municipal Code relating to Fireworks. Backeround: While many of our community groups rely on the funds generated from the sale of "safe and sane" fireworks within the City of San Bernardino, I am proposing that the sale and usage of fireworks in the City of San Bernardino be banned. The City of San Bernardino believes that the impact to the community's safety, risk of injury and death, property loss and threat of fire is too significant to be ignored. At a recent County Board of Supervisors meeting, the Chairman requested that the remaining open cities within the county ban the sale and use of fireworks. The impact on our city departments resulting from the sale and use of fireworks taxes the resources of Animal Control, Public Services, the Police Department, and the Fire Department. Data provided by Fire Marshall Doug Dupree in a July 4th Summary Report details the efforts of the Fire Department and Police Department for the 4th of July Holiday Period. FIRES REPORTED AS CAUSED BY FIREWORKS: . 9 Documented fireworks related calls. . 7 Probable fireworks related tree fires. · 12 Brush, dumpster and rubbish fires considered highly probable to be fireworks related. These fireworks related fire calls occurred July I - 6. Most of the fireworks related calls (18) occurred on July 4th. It is assumed that all tree fires were fireworks related; these are in addition to the documented fireworks related calls listed. FIREWORKS COMPLAINT CALLS RECEIVED BY THE SAN BERNARDINO POLICE DEPARTMENT: . 476 calls for service These calls for service between June 26 - July 4 were related to all fireworks being discharged in the Hazardous Fire Area, as well as throughout the city. The majority of calls (176) occurred on July 4th. CITATIONS ISSUED FOR USE OF DANGEROUS FIREWORKS THROUGHOUT THE CITY, AND ALL FIREWORKS USED OR POSSESSED IN TH EHAZARDOUS FIRE AREA: . 24 citations issued. These citations were issued July 3rd and July 4th. Units concentrated on the use and possession of dangerous fireworks in the Hazardous Fire Area, since fires in this area would likely spread to the foothill areas of the city, and possibly to the mountains beyond. The magnitude of the fireworks problem this year overwhelmed units assigned to enforcement activities. This is true of the many cities in San Bernardino County. Almost without exception, each person that was cited stated that they thought fireworks were legal in San Bernardino, since they were sold throughout the city. Additionally, those people who possessed safe and sane fireworks North of the 30 Freeway said they were not aware that fireworks could no longer be used in their neighborhoods. The neighborhoods South of the 30 Freeway were greatly impacted by the number of out of area users that set up on street comers and roadways to use safe and sane fireworks, also illegal per MC 8.60.120 and MC 8.60.130. Many complaints were received by the Fire Department and the Mayor's Office both before and after the holiday regarding the city's approval of the use and sale of Safe and Sane fireworks in the City of San Bernardino. The residents in the Old Fire burned area and the residents from the local mountain communities were deeply concerned that there would be another fire as a result of fireworks. Recommendation: That said ordinance be laid over for final adoption. 2 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.61 PROHIBITING FIREWORKS AND REPEALING CHAPTER 8.60 OF THE SAN 3 BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. 4 The Mayor and Common Council of the City of San Bernardino do ordain as follows: 5 SECTION 1. Chapter 8.61 of the San Bernardino Municipal Code relating to 6 Fireworks is hereby added to read as follows: 7 CHAPTER 8.61 FIREWORKS PROHIBITED 8 "8.61.010. Repeal of Chapter 8.60. 9 Chapter 8.60 ofthe San Bernardino Municipal Code relating to Fireworks is hereby repealed in its entirety. 10 8.61.020. Prohibition. 11 It shall be unlawful for any person, organization, group, association, etc., to 12 possess, store, sell, offer for sale, use or discharge within the City any safe and sane fireworks, as defined by Section 12529 of the Health and Safety Code of the State of 13 California, or as defined in any other section of any code as a result of subsequent state laws being enacted. 14 8.61.030. Violation-Penalty. 15 Any person, organization, group, association, etc. violating any provision of this 16 Chapter is guilty of an infraction or misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code. Each 17 violation is punishable separately." 18 19 1/1 1/1 11/ 1/1 1/1 1/1 1/1 1/1 1/1 1/1 20 21 22 23 24 25 26 27 28 1 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.61 PROHIBITING FIREWORKS AND REPEALING CHAPTER 8.60 OF THE SAN 2 BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. 3 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor 4 and Common Council of the City of San Bernardino at a meeting thereof, held 5 on the _day of 6 COUNCIL MEMBERS: AYES 7 ESTRADA 8 LONGVILLE 9 MCGINNIS 10 DERRY 11 KELLEY 12 JOHNSON 13 MC CAMMACK , 2004, by the following vote, to wit: NAYS ABSTAIN ABSENT 14 15 Rachel Clark, City Clerk 16 17 The foregoing Ordinance is hereby approved this _ day of ,2004. 18 19 20 21 22 Approved as to form 23 and legal content: 24 JAMES F. PENMAN 25 City Attorney 26 27 28 JUDITH VALLES, Mayor City of San Bernardino 2 SEP-20-2004 10'02 DENNI S HANSBERGER gel9 387 3el18 P. e2/e2 Iparb Df hJltrutsura Qtumdy pf .an JitnUlfbtnp DENNIS HANSBERGER CHAIRMAN SUPERVISOR, THIRD DISTRICT cc:~ september 17, 2004 Honomble Judith Vallea. Mayor &; Common CoUDCil City of San Bemaxdino 300 North "0" StnIet San Bemardino, CA 92418..0001 Dear Mayor Valles &; Common Council: I undeMand that you will be discllSling the issue of community fin:works at your meeting on Monday, September 20, 2004. I yay much appRCiE your taking up this issue. Our Board ofSuperviaorI bas been deeply COIll;CUled about fireworks' sales to individuals in several cities within our CoImty. We have all become aware of the danger that fire presents, not only to our mountain communities, but also to our foothill C(lmml1Tlities. IuJ.y action you take to protect our communities IS_in'" this extnme threat to lives IIlCl ~ty wiJJ be most IJIPIIClated; It must be a priority for each of us to reduee this risk. Fireworks' use and sales by individuals arc no lonaer "I'p,uptiate or prudeDt wi1hin our mountain and footbill communities. While I recognize the difficulty that this presads to many worthwhile charity orpnizatioos, as fireworlas' sales have been a ~iflQnl5OUtl:C of iDcome to many of them, ~ c:an no loDger . justify Ihntlillg these worthy causes in this 1WII1I1I:r at such great risks. Tbauk you for your consicleratioll, ilIld please be assured that our County will be sater with your ptotcctivc action in this matter. ~~4---- Entered into Record at ,/2. (J /V .f COl'ncillCmvOevCms Mtg: OV.m ~ tI iiJ...l..L4 4/0 re Ap\Oilda Item -.. Sincerely, DENNIS HANSBERGER, Chainnan Supervisor, Third District ~h.~ City Clerk/COC Secy City of San Bernardino San IlenlIIdIno Counlv GovemmInI ~ . 3lI5 _ Alro.<tONd AWI1lI.. FiIIh Floor . San "'-no. CA et411-0110' (909) 387-48SS v..... VlllIe1 0lII0e . fi1407 T-.tynkJe P8IInI Hlghway . Yuccll VII/IIf. CA _ . (710) ~ "'- ".... .'. -~ .- - .. -, . -. - .. - TOTj:L P.e2 Jf~ # tfO tt-20- oC; PLAY IT SAFE THIS 4TH OF JULY RECOGNIZING ILLEGAL FIREWORKS IN CALIFORNIA ,........ V:'" I 'rI' "Y.DDIIGAlIO.IIBTIrORID Illegal fireworks are defined as any type of firework that does not bare the State of California Fire Marshals seal or any legal firework that has been altered. Possessing altered fireworks or illegal fireworks is a misdemeanor and is punishable by $1000 fine and/or a year in county jail. If you possess enough of these fireworks it is a felony and will result in a fine of up to $10,000 and/or five years in state prison. Look for the seal from the State Fire Marshals Office. If your fireworks don't have the seal, then you shouldn't have the fire works I THESE ARE SOME OF THE ILLEGAL FIREWORKS YOU MIGHT FIND. Smu.SAND ~~~~~~MBS J.lMORTARS --.- .-.0.._.......-- ,-"..,,--,.~,,_. .... "" ",~-,,,,,,,,,,.,,,~,; .~^. "". .... '."" .... ~~'. FIRECRACKERS <)\1.' tl,O""~c~ .-:; ~"."._... M-S..'S ."..._." ,."Z'l~ c~...so..!oL.~"~, "flliQWOFlTAl'< .............. ....~ .(lHG ~.I: M_tlfTllO___...n""....-" ~ ~:o.:;%~o.A "".~~",.... ~ '7 If you and your family are looking for an exciting way to celebrate the holiday, check with your community services. Many communities will provide Independence Day activities. BROUGHT TO YOU BY THE FOLLOWING AGENCIES Bureau of Altohol Tobacco & Firearms * California Department of Forestry Colton Fire Department *Redlands Fire Department *Rialto Fire Department San Bernardino City Fire Department SaD Beraanfino Couaty District Attorney's Office San Bernardino County Sheri1fs Arson Bomb Unit NQ FIREWORKS AIlOYE 30T11 ST ~D 'SaY~.& Sane Or Illegal!!! Entered Inta Record It -'"7 T--~' . ~ COllnr.illCmvDevCms M,,: '1/~ () /" If -- > . hv __~ ~A-""",.J re Au,,,,da Item HO -~~ City ClerldCDC Sec, City of San Bernardino ! . , ~..,;,;Ai