HomeMy WebLinkAboutS1- City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman, Subject: Amendments and Additions
City Attorney To Chapter 8.60 regarding
Fireworks
Dept: CITY ATTORNEY'S OFFICE
Date: April 30, 1998 00
Synopsis of Previous Council action:
1. September 2, 1997: Ordinance repealing Chapter 8.60 of the San Bernardino Municipal Code and
amending Section 15.16.270 of the San Bernardino Municipal Code repealing fireworks, etc., was tabled.
2. September 2, 1997: That the matter be referred to the City Administrator's office and the City Attorney's office;
that consideration be given to the boundary of 40th Street, elimination of the high-fire areas and consider the
legality of the imposition of a fee on fireworks manufacturers to offset costs of fire and police services.
3. April 20, 1998: That the matter be referred to the Legislative Review Committee.
Recommended motion:
That said ordinance be laid over for final adoption.
Signature
Contact person: James F. Penman Phone: 5255
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
754,262 Agenda Item No.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
The proposed amendments and additions to Chapter 8.60 of the San Bernardino Municipal
Code add the following:
► Incorporation of the new boundaries as defined in Section 15.16.135 regarding High Fire
Hazard Areas as the area in which the sale and discharge of fireworks are prohibited(Section
8.60.010);
► Adds an age limitation prohibiting anyone under the age of 18 years from purchasing
fireworks(Section 8.60.015);
► Changes the penalties for violating any provision in Chapter 8.60 to reflect the first offense
as an infraction(punishable with a fine not to exceed $100) and any subsequent violation by
the same person being punishable as a misdemeanor($1000 fine and/or 6 months in county
jail) (Section 8.60.150).
75.0264
I ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTIONS 8.60.010 AND 8.60.150 OF THE SAN BERNARDINO MUNICIPAL CODE
3 AND ADDING SECTION 8.60.015 TO THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO FIREWORKS.
4
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
6 DO ORDAIN AS FOLLOWS:
7 SECTION 1. Section 8.60.0 10 of the San Bernardino Municipal Code is hereby amended
8 as follows:
9 "8.60.010 Location of Sales and Discharge of Fireworks.
10 Safe and sane fireworks as defined by Section 12529 of the Health
& Safety Code of the state may be sold and discharged within the City,
11 except that such use or sale shall not be allowed in the Hazardous Fire
Area as defined in Section 15.16.135 of this Code."
12
13 SECTION 2. Section 8.60.015 is hereby added to the San Bernardino Municipal Code
14 as follows:
15 "8.60.015 Sale of Fireworks to Minors Prohibited; Identification
Required.
16
The sale of fireworks to anyone under the age of 18 is prohibited.
17 A valid form of identification is required at time of purchase."
18
19 SECTION 3. Section 8.60.150 of the San Bernardino Municipal Code is hereby amended
20 as follows:
21 "8.60.150 Violation; Penalty.
22 a. Any person violating any provision of this Chapter is guilty
of an infraction for the first offense, which upon conviction thereof is
23 punishable in accordance with the provisions of Section 1.12.010 of this
Code.
24
b. Any subsequent violation of this Chapter by that same
25 person within a three year period is guilty of a misdemeanor, which upon
conviction thereof is punishable in accordance with the provisions of
26 Section 1.12.010 of this Code."
27
28
SDEBG[Fireworks.Ord] 1 April 30, 1998
S--y-9�
Si
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTIONS 8.60.010 AND 8.60.150 OF THE SAN BERNARDINO MUNICIPAL CODE
2 AND ADDING SECTION 8.60.015 TO THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO FIREWORKS.
3
4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof, held on the
6 _day of , 1998, by the following vote, to wit:
7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
8 ESTRADA
9 LIEN
10 ARIAS
11 SCHNETZ
12 DEVLIN
13 DEAN-ANDERSON
14 MILLER
15
16
17 City Clerk
18 The foregoing Ordinance is hereby approved this_day of , 1998.
19
20
JUDITH VALLES, Mayor
21 City of San Bernardino
22 Approved as to form
and legal content:
23
JAMES F. PENMAN,
24 City Attorney
25
26 ��^
27 /
28 J
SDE/BG[Fireworks.Ord] 2 April 30, 1998
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