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HomeMy WebLinkAboutMC-1195 .. Adopted: May 2, 2005 Effective: June 2, 2005 I ORDINANCE NO. KC-1l95 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.60.070(P) OFTHE SAN BERNARDINO MUNICIPAL CODE, ADDING SECTION 8.60.095 3 TO THE SAN BERNARDINO MUNICIPAL CODE, AND AMENDING SECTIONS 8.60.130(A) AND (C) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 4 FIREWORKS. 5 WHEREAS, the use of dangerous fireworks is increasing in the City of San Bernardino; and 6 WHEREAS, dangerous fireworks can lead to injuries to persons and damage to 7 property; and 8 WHEREAS, the City wishes to reduce the incidence of in juries and damage that result from 9 the use of dangerous fireworks within the City: 10 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN II BERNARDINO DO ORDAIN AS FOLLOWS: 12 SECTION 1. San Bernardino Municipal Code Section 8.60.070(P) is amended to now read in its entirety as follows: 13 14 "8.60.070 Operation of temporary fireworks stand. 15 The sale of fireworks shall not begin before twelve noon on the I st day of July and shall not continue after midnight on the 4th day of July." SECTION 2. San Bernardino Municipal Code Section 8.60.095 is added to read as follows: P. 16 17 18 "8.60.095 Regulatory fee for licensee. 19 A. The City shall assess a regulatory fee on all fireworks sales that occur within the City of San Bernardino. The regulatory fee, based on the gross sales of fireworks, shall be paid by the licensee. The purpose ofthe regulatory fee is to raise sufficient funds for the City of San Bernardino to pay for fireworks public education and an awareness campaign about fireworks, and for enforcing the provisions ofthis Chapter, including extra personnel time for fire inspection and enforcement duties. 20 21 22 23 B. Prior to imposing the fee, the City shall prepare a study of the anticipated cost for fireworks education, awareness, and enforcement. After preparing the study, the Mayor and Common Council shall adopt a Resolution setting the regulatory fee rate no later than the last meeting prior to the first day of fireworks sales pursuant to Section 8.60.070(P). 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 set forth in Section 8.60.070(P). 24 25 26 c. The Finance Department, each year, shall determine each licensee's share of the regulatory fee based on the licensee's fireworks sales financial statements. Each 27 28 :\1R/tbm [F:\REITERlMwlicipai\Ordinanccs\8.60.tireworks. ver.6.0.wpd] KC-1l95 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.60.070(P) OFTHE SAN BERNARDINO MUNICIPAL CODE, ADDING SECTION 8.60.095 TO THE SAN BERNARDINO MUNICIPAL CODE, AND AMENDING SECTIONS 8.60.130(A) AND (C) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. 3 4 licensee shall provide its fireworks sales financial statements to the City no later than August 31 st for the period set forth in Section 8.60.070(P). After the Finance Department receives the financial statements, the Finance Department shall invoice each licensee for their share of the total annual regulatory fee. Payment of the regulatory fee by each licensee shall be due to the City thirty (30) days following issuance of the invoice. 5 6 7 8 D. Failure by any licensee to pay the amount invoiced by the City's Finance Department shall be cause to disqualify the licensee from obtaining a license to sell fireworks in the City in the future. In the event that the regulatory fee is not paid by the due date, it shall be subject to a ten (10) percent penalty for each month or portion of a month that it is overdue. If not paid by the due date, the amount becomes a debt owed the City subject to collection by legal process. 9 10 II SECTION 3. San Bernardino Municipal Code Section 8.60.130(A) is amended to now read in its entirety as follows: 12 13 8.60.130 Prohibitions on sale and discharge. 14 "A. It is unlawful for any person, organization, group, association, etc., to sell any fireworks except during the time period specified in Section 8.60.070(P)." SECTION 4. San Bernardino Municipal Code Section 8.60.130(C) is amended to now read in its entirety as follows: 15 16 17 8.60.130 Prohibitions on sale and discharge. 18 "C. It is unlawful for any person, organization, group, association, etc., to ignite, explode, project, 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)." 19 20 II II II II II II II II II II II II II II II 21 22 23 24 25 26 27 28 MRltbm [F:\REITER\MuniclpaIIOrdinances\8.60.lireworks.ver.6.0.wpd] . . MC-1l95 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.60.070(P) OFTHE SAN BERNARDINO MUNICIPAL CODE, ADDING SECTION 8.60.095 TO THE SAN BERNARDINO MUNICIPAL CODE, AND AMENDING SECTIONS 8.60.130(A) AND (C) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. 2 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 j t. regular meeting thereof, held on the 6 2nd day of May 7 COUNCIL MEMBERS: 8 ESTRADA 9 LONGVILLE 10 MCGINNIS 11 DERRY 12 KELLEY 13 JOHNSON 14 MCCAMMACK 15 ,2005, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT x x ~ ~ ~ ~ x I'~, i CO" I' i,_.J-_\-n.( f(.( \. j (--.ct('.<- '2_ City Clerk 16 17 The foregoing Ordinance is hereby approved this3rd day of May ,2005. 18 19 20 21 Approved as to form and legal content: 22 23 JAMES F. PENMAN c;~r;;;frk!l fl!bM) By 24 25 26 27 28 MRitbm (F:\REITERlM:unicipal\Ordinances\8.60.fireworks. ver.6.Q. wpd]