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ORDINANCE (ID # 2579) DOC ID: 2579
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Urgency Ordinance
From: James F. Penman M/CC Meeting Date: 07/01/2013
Prepared by: Jolena E. Grider, (909) 384-
5355
Dept: City Attorney Ward(s): All
Subject:
Urgency Ordinance of the City of San Bernardino Amending San Bernardino Municipal Code
Section 8.60.095 Regarding Regulatory Fees for the Sale of Fireworks. (URGENCY) (#2579)
Current Business Registration Certificate:
Financial Impact:
Account Budgeted Amount: <<Insert Amount>>
Account No. <<Insert Account No.»
Account Description: <<Insert Account Description
Balance as of: <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt Urgency Ordinance.
Synopsis of Previous Council Action:
At the June 17, 2013 meeting of the Mayor and Common Council, the City Attorney's Office
was asked to draft an amendment to the Ordinance regarding the regulatory fee for the sale of
fireworks.
City Attorney Review:
Supporting Documents:
Urgency Ordinance Amending 8.60.095 6-18-13 (PDF)
Updated: 6/26/2013 by Linda Sutherland `Packet Pg.333
1 URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SAN BERNARDINO MUNICIPAL CODE SECTION 8.60.095 REGARDING
2 REGULATORY FEES FOR THE SALE OF FIREWORKS.
3
WHEREAS, the use of fireworks, including safe and sane fireworks, is inherently
4 dangerous and poses a threat to the health and safety of the residents of the City of San
Bernardino; and
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6 WHEREAS, it is the Mayor and Common Council's desire to allow the use of safe and
sane fireworks in designated areas in the City; and
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WHEREAS, it is the Mayor and Common Council's desire to allow non-profits to
operate fireworks stands in the City as a means to raise funds for their organizations; and
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WHEREAS, fireworks season will begin in July of 1, 2013 and there is a need to
10 provide proper enforcement to protect the health and safety of the residents of the City of San
11 Bernardino; and
12 WHEREAS, it is the Mayor and Common Council's desire to impose a regulatory fee
to cover the costs of the personnel required to enforce the law regarding fireworks in the City to
13 protect the health and safety of the residents of the City of San Bernardino.
14
NOW THEREFORE, the Mayor and Common Council of the City of San Bernardino
15 do Ordain as Follows:
16 Section 1. San Bernardino Municipal Code Section 8.60.095 is amended to read as
17 follows:
18 8.60.095 Regulatory Fee for Licensee and Fireworks Supplier.
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A. The City shall assess a regulatory fee based on the gross sales
20 of fireworks on all fireworks sales that occur within the City
of San Bernardino. One half of the regulatory fee shall be
21 paid by the licensee and the remaining one half shall be paid
22 by the fireworks supplier. The purpose of the regulatory fee
is to raise sufficient funds for the City to pay for fireworks
23 public education and an awareness campaign about
fireworks, and for enforcing the provisions of this Chapter,
24 including extra personnel time for fire inspection and
25 enforcement duties.
26 B. Prior to imposing the fee, the City shall prepare a study of the anticipated
cost for fireworks education, awareness and enforcement. After preparing
2 the study, the Mayor and Common Council shall adopt a Resolution
28 setting the regulatory fee rate no later than 7:00 p.m. on July 1 of each
' M cc �CD� ��
I year. 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
2 set forth in Section 8.60.070(P).
3
C. The Finance Department, each year, shall determine the amount of the
4 regulatory fee based on the licensee's fireworks sales financial statements.
Each licensee shall provide its fireworks sales financial statement and their
5 fireworks supplier's information to the City no later than August 31" for
6 the period set forth in section 8.60.070(P). After the Finance Department
receives the financial statements, the Finance Department shall invoice
7 each licensee and each fireworks supplier for their share of the total annual
regulatory fee. Payment of the regulatory fee by each licensee and each
8 fireworks supplier shall be due to the City thirty(30) days following the
9 issuance of the invoice.
10 D. Failure by any licensee or fireworks supplier to pay the amount invoiced
by the City's Finance Department shall be cause to disqualify the licensee
11 from obtaining a license to sell fireworks and disqualify the fireworks
12 supplier from providing their products for sale in the City in the future. In
the event that the regulatory fee is not paid by the due date, it shall be
13 subject to a ten (10)percent penalty for each month or portion of a month
14 that it is overdue. If not paid by the due date, the amount becomes a debt
owed to the City subject to collection by any legal means available.
15
E. Any person who violates or causes violation of any provision of this
16 Section shall be deemed guilty of an infraction or a misdemeanor, which
17 upon conviction thereof is punishable in accordance with the provisions of
Section 1.12.010 of this Code.
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Section 2. This urgency ordinance shall take effect upon adoption and is adopted
19 pursuant to San Bernardino City Charter Section 31 and 121,by a two-thirds (2/3) vote of the
20 Council, for the immediate preservation of the public peace, health, or safety. The Mayor and
Common Council find that all of the above-stated recitals are true and hereby incorporate them
21 herein as the statement of urgency supporting this ordinance.
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1 URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SAN BERNARDINO MUNICIPAL CODE SECTION 8.60.095 REGARDING
2 REGULATORY FEES FOR THE SALE OF FIREWORKS.
3
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a meeting thereof, held
on the day of , 2013,by the following vote, to wit:
5
6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
7 MARQUEZ
8 JENKINS
9
j VALDIVIA
10
11 SHORETT
12 KELLEY
13 JOHNSON
14 MC CAMMACK
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17 Georgeann Hanna, City Clerk
18 The foregoing Ordinance is hereby approved this day of ,2013.
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20
PATRICK J.MORRIS,Mayor
21 City of San Bernardino
22 Approved as to form:
23 JAMES F. PENMAN
City Attorney
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26 By:
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