HomeMy WebLinkAbout11-18-2020_ Open Session_General Comments_Hatch, Harry_ Letter to City Council 11-17-20To the San Bernardino City Council 11-17-20
Open Letter on Fireworks Enforcement in the City
Since the Council has not shown interest in just making ALL fireworks unlawful as it is in the County
areas. Here are changes will at least allow the City Enforcement Personal the ability to enforce the
current City Ordnance.
The following is an explanation of the additions to the San Bernardino City Ordinance on Sales and
use of Safe and Sane Fireworks in San Bernardino during the Fourth of July.
All of these additions should be adopted to make the City Ordinance consistent in the Health and
Safety Code and the California Code of Regulations. These changes will also make enforcement of
the City Ordinance easier and consistent with State Law.
At the present time there exist several laws, terms and areas of enforcement in the City Ordinance
that are not consistent with State Law. These inconsistencies make enforcement difficult if not
impossible for our Police, Fire, and Code Enforcement personal.
It is my hope that this information will be received in the spirit of an attempt to allow the sale of Safe
and Sane Fireworks in the City by legitimate non-profit community service organizations and allow
the current Permit Police to be consistent with other permits in the City.
Of course you COULD join with the San Bernardino County and say NO fireworks in the City.
I will start with Section 8.60.10 of the City Ordnance. This adds the term Stored to the terms in the
ordnance. There is no current reference to storage in any part of of the current City Ordnance.
This ignores the problem of where will people be able to store fireworks that he has purchased
during the sales period prior to their usage. The City is allowing storage to occur when it is not
allowed by state law by not providing permits to store in the City Ordnance or issued by the City as
required in the Health and Safety Code Section 12552 and 12673.
8.60.10 Location of Sales and Discharge of Fireworks
Safe and sane fireworks as defined by Section 12529 of the Health and Safety Code of the
state may be sold, ST( ORED) and discharged within the City subject to the requirements of
this Chapter, except that such sale (STORAGE) or discharge shall not be allowed in the
following designated areas. Such areas are depicted on a map entitled "Location of Sales
and Discharge of Fireworks" on file in the City Clerk's Office and incorporated herein by
reference, a reduced copy of which is attached to this Chapter.
Next is Section 8.60.030 of the City Ordinance. This requires a CURRENT copy of the permit
applicants 501 (c) or (d) nonprofit status, also to show inwriting how the moneys will help the
Citizens of the City of San Bernardino. This will keep nonprofits from coming to our City to support
their local communities.
8.60.030 License - Application - Public liability insurance
All applications for a license to sell fireworks shall:
A Set forth the proposed location of the fireworks stand applied for. The stands must
be on private property located in Commercial General (CG) or Commercial Regional
(CR) General Plan Land Use Districts and the written permission of the owner of
record or lessee must accompany the application,
B. Be accompanied by an assurance that if the license is issued to applicant, applicant
shall, at the time of receipt of the license, deliver to the Finance Department a
minimum of one -million dollars public liability and property damage insurance
policies with riders attached to the policies designating the City as an additional
insured under this Chapter, and a copy of the requisite permit from the State Fire
Marshal.
D. Include a copy of the applicant's current 501(c)(3),(4),(5),(6),(8),(10),(19),(20), or
501(d) verification of nonprofit status, or demonstrate that it is a non-profit organization, group,
association, etc., which is organized primarily for veteran, patriotic, welfare, civic or social
betterment (including public or private school clubs, groups, organizations or such other
8.60.070public or private school affiliates), or charitable purposes.
All applicants shall be required to demonstrate, tin writinal how revenues received would
benefit the citizens of San Bernardino by submitting official board minutes detailing the intent
and authorization to sell fireworks. Such minutes shall detail what sites, populations, or
projects within the City will benefit and for what purpose
F. Have attached a completed financial statement form that describes anticipated
revenues, expenses, and profits. Such form will be provided by the Finance Department to
each applicant. The information contained in this form shall furthermore detail how much
money will be provided to the projects mentioned pursuant to subsection (E) above. No less
than ninety percent of the net profits derived from the sale of fireworks in the City by the
applicant shall be utilized for the direct advancement of the applicant's stated non-profit
purposes within the City of San Bernardino in accordance with subsection (E) above.
(Ord. MC-1484, 4-18-18; Ord. MC-1138, 2-19-03; Ord. 2884, 2-06-68)
Next is Section 8.60.070 of the City Ordnance. This requires that the persons named on the
permit, licensee, supervisor or manager listed on the permit. Must be responsible for all
operations of the Fireworks Stand. This help establish the person who is in charge at the
stand and subject to any enforcement action. In subsection (0) it requires each person in
charge of a Fireworks Stand be listed on the License (Permit) must have one person present
at all times there are firework at the stand. In subsection (P) the dates and times are set for
the sale,use, storage, or possession of Safe & Sane fireworks in the City.
8.60.070 Operation of temporary fireworks stand
The licensee entity, the person(s) who signs the application for the license, and the supervisor or
manager (on the license) present in charge of each fireworks stand shall comply and ensure
compliance with all of the following:
O. Each stand shall have a person present and designated as supervisor or
manager in charge thereof at all times (who is listed on the license) while
fireworks are stored or sold therein. Sleeping or remaining in the stand after close
of business each day is forbidden.
P. The sale, (use, storage or possession) of fireworks shall not begin before twelve
noon on the 1 st day of July and shall not continue after midnight on the 4th day of July.
Next is Section 8.60.130 of the City Ordnance. This is the violations section. The addition of the terms store
and possess to all sections and the term use to sections A and B will provide a better enforcement capability
for our City Personal. At the present time it is thought that Enforcers need to see who was setting the
fireworks. Without see in a infraction or misdemeanor being committed no action has been able to be taken.
With the addition of store and possess the debris of a firework can and may be evidence of storing and
possession fireworks in all areas of the City being a infraction or misdemeanor in progress in the enforcers
presents. If not seen that way it would still open the opportunity to search the property for additional
evidence of possession and storage.
8.60.130 Prohibitions on sale and discharge
A It is unlawful for any person, organization, group, association, etc., to sell, use
store or possess) any fireworks except during the time period specified in Section
8.60.070(P).
B. It is unlawful for any person, organization, group, association, etc., to sell, use
store or possess) any fireworks at any time in any of the areas described in Section
8.60.010.
C. It is unlawful for any person, organization, group, association, etc., to ignite, explode,
project, (possess, store.) or otherwise fire or use, any fireworks, or permit the
ignition, explosion or projection thereof, except during the period specified in
Section 8.60.070(P).
(Ord. MC-1194, 4-04-05)
The addition of this section will address the missing sections that are set forth in the State Law
bringing the City Ordnance up to consistency with the Statelaw. This will also allow better
enforcement capabilities for our City Personal.
8.60.140 Residential Storaoe of Fireworks
Storage of fireworks
A. It is unlawful for any person to store any fireworks without having in his
possession a valid permit as reauired by this Code.( the Health and Safetv Code
B. No loaded indoor storage magazine shall be located in a residence or dwelling.
F 4
(Authority Health and Safety Code Section 12552 and 12673, California Code of Regulations
Section 989.4)
These twelve changes in the City Ordnance will enhance the ability of our Enforcement
personal to regulate the fireworks in the City. At this time there has been an increase in
the fines, however no change in the law to make it enforceable.
Please if you do wish to continue the sales of Safe and Sane Fireworks in the City, than give
the ability to enforce the law you have already in place, too our Police, Fire and Code
Enforcement Personnel. If you take no action there will be no change in the enforcement of
the City Ordinance.
Hopefully Thanking you in advance for your consideration
Harry H. Hatch
Ward 7 Resident