HomeMy WebLinkAboutMC-1269
Adopted: April 21, 2008
Effective: May 22, 2008
ORDINANCE NO. KC-1269
2
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
3 CHAPTER 8.61, REPEALING SECTION 8.60.140, AND AMENDING SECTION
8.60.150 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING
4 FIREWORKS.
5 The Mayor and Common Council of the City of San Bernardino do ordain as follows:
6 WHEREAS, the City faces an increasing incidence of the use of illegal fireworks, both on
7 public and private property in the City; and
8 WHEREAS, the use of illegal fireworks on public and private property can lead to an
9 increase in injuries to persons and damage to property; and
10 WHEREAS, the growing use of illegal fireworks on public and private property has
II increased the need for Police and Fire Departments' response; and
12 WHEREAS, the City wishes to reduce the incidence of in juries and damage that result from
13 the use of illegal fireworks in the City of San Bernardino; and
14 WHEREAS, California Health and Safety Code Section 12557, effective January I, 2008
15 by SB 839, requires that a city's ordinance related to dangerous fireworks comply with certain
16 requirements;
17 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
18 SAN BERNARDINO DO ORDAIN AS FOLLOWS:
19
Section 1:
Chapter 8.61 Prohibited Fireworks, is hereby added to the San Bernardino
20 Municipal Code to read as follows:
21
22
Chapter 8.61
PROHIBITED FIREWORKS
23
8.61.010
Dangerous Fireworks Prohibited.
24
25
26
27
28
In accordance with state law, it is unlawful for any person, organization,
group, association, etc., to possess, sell, use, or discharge any "dangerous fireworks"
in the City of San Bernardino, without a permit or license granted by the State Fire
Marshal.
F:\EMPENO\Ordinances\Ordinance re 8.6] - Flreworks.wpd 1
MC-1269
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 /1/
26 /1/
27
28
8.61.020 Dangerous Fireworks Defined.
"Dangerous fireworks," as that term is used in this chapter, shall mean and
carry the same definition as provided in California Health and Safety Code Section
12505, as amended by the State Legislature from time to time.
8.61.030 Violation - Penalty.
A. Any person, organization, group, association, etc., violating any provision of
this Chapter is guilty of a misdemeanor, which upon conviction thereof, is
punishable in accordance with the provisions of Section 1.12.010 of this
Code.
B. In addition to any other penalties provided by law, any person, organization,
group, association, etc., violating any provision of this Chapter shall be
subject to an Administrative Civil Penalty of one thousand dollars ($1,000)
for each violation, pursuant to Chapter 9.93 of this Code."
8.61.040 State-Law Limitations.
A. Any administrative fine or administrative civil penalty assessed pursuant to
this Chapter 8.61, shall provide for cost reimbursement to the Office of the
State Fire Marshal and the collection of disposal costs pursuant to Health and
Safety Code Section 12557.
B. Chapter 8.61 shall be limited to apply only to a person, organization, group,
association, etc., who possesses or the seizure of 25 pounds or less of
dangerous fireworks.
C. Any administrative fine or administrative civil penalty collected pursuant to
this Chapter 8.61, shall not be subject to Health and Safety Code Section
12706, Disposition of Fines and Forfeitures.
F:\EMPENO\Ordinances\Ordinance re 8.61 - Fireworks.wpd 2
MC-1269
1 Section 2: Section 8.60.150 Violation-Penalty, regarding safe and sane fireworks, is
2 hereby amended to read as follows:
8.60.150 Violation-Penalty.
A. Any person, organization, group, association, etc., violating any provision of this
Chapter is guilty of an infraction or a misdemeanor, which upon conviction thereof
is punishable in accordance with the provisions of Section 1.12.010 of this Code.
B. In addition to any other penalties provided by law, any person, organization, group
association, etc., violating any provision of this Chapter shall be subject to an
Administrative Civil Penalty of one thousand dollars ($1,000) for each violation,
pursuant to Chapter 9.93 of this Code.
Section 3: Section 8.60.140 is hereby repealed.
3
4
5
6
7
8
9
10
11
12 III
13 III
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
F:\EMPENO\Ordinances\Ordinance re 8.61 - Fireworks.wpd 3
MC-1269
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.61,
2 REPEALING SECTION 8.60.140, AND AMENDING SECTION 8.60.150 OF THE SAN
BERNARDINO MUNICIPAL CODE REGARDING FIREWORKS.
3
4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
5 Council of the City of San Bernardino at a i to re~ular meeting thereof, held on the 2l"1dayof
6
Aril
, 2008, by the following vote, to wit:
7
8 COUNCIL MEMBERS:
9 ESTRADA
10 BAXTER
11 BRINKER
12 DERRY
13 KELLEY
14 JOHNSON
IS MC CAMMACK
16
17
18
19
20
21
The foregoing Ordinance is hereby approved this :l2..) day of April
,2008.
r
22 Approved as to form:
23 JAMES F. PENMAN
City Attorney
24
25 ~h~'1 ~~~ -~tf ~g
26 ~;.-.~ ~ ~fl'('j;~
27
28
f:\EMPENO\Ordinances\Ordinance re 8.61 - Fireworks.wpd 4