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Home My WebLink About11- City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION -s 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 ORIGINAL 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. f� 3 Signature f r Contact person: James F. Penman Phone: 5255 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: %2 ,�%f'Le 75-0262 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 1 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 SAIN BERNARDINO 6 DO ORDAIN AS FOLLOWS: 7 SECTION 1. Section 8.60.010 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 SDE/BG[Fireworks.Ord) 1 April 30, 1998 S y 9� SI 1 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 rSDE1BGks.Ord] 2 April 30,1998 ORIGINAL 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.60.010 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING SECTION 3 8.60.015 TO THE SAN BERNARDINO MUNICIPAL CODE AND AMENDING SECTION 8.60.050 ADDING PARAGRAPH "D" TO THE SAN BERNARDINO MUNICIPAL CODE 4 RELATING TO FIREWORKS. 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 6 DO ORDAIN AS FOLLOWS: 7 SECTION 1. Chapter 8.60.010 of the San Bernardino Municipal Code is hereby amended 8 as follows: 9 8.60.010 Dates, Location, and Hours of Sale. 10 "Safe and sane" fireworks as defined by Section 12529 of the 11 Health and Safety Code of the State of California may be sold and discharged within the City during the period beginning at twelve noon on 12 the 28th day of June and ending at ten p.m. on the 4th day of July each year pursuant to the provisions of this Chapter except that such use or sale 13 shall not be allowed north of a line beginning with the point where Highway 330 intersects with Highland Avenue (in proximity of Boulder 14 Avenue), then west along the north side of Highland Avenue to the westbound freeway on-ramp located immediately west of Arden and 15 Highland Avenues, then west along Route 30 (cross-town freeway) to that point where said Route 30 (cross-town freeway) intersects with Interstate 16 215. Said use or sale shall not be allowed north/northwest of a line beginning with said point where Route 30 (cross-town freeway) intersects 17 with Interstate 215, then north/northwest along Interstate 15 to the City limits. Sale of said "safe and sane" fireworks shall be allowed along both 18 sides of Highland Avenue notwithstanding the foregoing. 19 SECTION 2. Section 8.60.015 is hereby added to the San Bernardino Municipal Code 20 as follows: 21 8.60.015 Sale of Fireworks to Minors Prohibited; Identification Required. 22 The sale of"safe and sane" fireworks as defined by Section 12529 23 of the Health and Safety Code of the State of California, to anyone under the age of 18 is prohibited. A valid form of identification issued by a 24 government entity which contains a photograph of the purchaser is required at time of purchase. 25 26 27 A/ 28 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.60.010 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING SECTION 2 8.60.015 TO THE SAN BERNARDINO MUNICIPAL CODE AND AMENDING SECTION 8.60.050 ADDING PARAGRAPH "D" TO THE SAN BERNARDINO MUNICIPAL CODE 3 RELATING TO FIREWORKS. 4 SECTION 3. Section 8.60.050 of the San Bernardino Municipal Code is hereby amended 5 to add paragraph "D" as follows: 6 8.60.050 D 7 Every fireworks stand operator (non-profit organization selling 8 fireworks)must designate one or more responsible individuals(s)who must attend a Fireworks Stand Operators Safety Seminar and Orientation 9 Session conducted under the auspices of the Chief of the San Bernardino City Fire Department as he/she deems appropriate. Failure of an 10 organization to have a responsible individual(s) attend said safety program and orientation session shall result in the denial of a license under this 11 chapter. 12 13 //// 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.60.010 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING SECTION 2 8.60.015 TO THE SAN BERNARDINO MUNICIPAL CODE AND AMENDING SECTION 8.60.050 ADDING PARAGRAPH "D" TO THE SAN BERNARDINO MUNICIPAL CODE 3 RELATING TO FIREWORKS. 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 , 1997, by the following vote, to wit: 7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 8 NEGRETE 9 CURLIN 10 ARIAS 11 OBERHELMAN 12 DEVLIN 13 DEAN-ANDERSON 14 MILLER 15 16 City Clerk 17 The foregoing Ordinance is hereby approved this day of , 1997. 18 19 20 Tom Minor, Mayor City of San Bernardino 21 22 Approved as to form 23 and legal content: 24 JAMES F. PENMAN City Attorney 25 26 e 27 28 3 SAFE SANE FIREWORKS IN THE CITY OF SAN BERNARDINO P_.4EWORKS ARE PERMITTED IN NON-SHADED AREAS ONLY = — r. ^r 7 .4 -- ,r - - 77- 7 - -- - OFFENDERS ARE SUBJECT TO A $300 FINE AND/OR SIX-MONTHS IN JAIL. Itf LL, ry < - C3. EM ° - - ate - • s 9i -,spy f .! HIGHLAUC iwt,vtrwy s ``I NLJSa[TAi� ij AVE lFIC.ST < PAE,_ g BASEL DAE - ST �Anawe v FOOTHILL + RIALTO- AVE MILL ST - PANOALL :I �I ,— AVE =. p . A+cw �u g a{. �rlL�liflf%il'1 t� a AVE,. ' M L o s.o r - P ITALtT7 {°N y .. ,oa uoo , i ILTM -' C a a } L S-i SAFE SANE FIREWORKS f' IN THE CITY OF SAN BERNARDINO FIREWORKS ARE PERMITTED IN NON-SHADED AREAS ONLY Z�7 NOIRTH LL i D p�C>'.L� '40T T, SCAi.E OFFENDERS ARE SUBJECT TO A $500 FINE AND/OR SZX-MONTHS IN JAIL. co Lu W.- LAi qg TATi tp M W a: t,lGR > ATTON rp ZTATE HIGHLAND spu i PACIFIC BASELINE 4 FC07HILL 11 T S.B. I AIRPO RIAL70 MILL S7 RANCALL > Zi SAN ERNAROINO < 1, HOS TALITY LN RE NOS BLVD > uj