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Home My WebLink About30-Mayor's Office I ~(Q) [?)')j/ 1 ORDINANCE NO. AN ORDINANCE OF THE C11Y OF SAN BERNARDINO AMENDING SECfION 8.60.010 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING SEcnON 8.60.015 TO THE SAN BERNARDINO MUNICIPAL CODE AND AMENDING SEcnON 8.60.050 ADDING PARAGRAPH "D" TO THE SAN BERN.ARDINO MUNICIPAL CODE RELATING TO FIREWORKS.' 2 3 4 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 6 7 SECTION 1. Chapter 8.60.010 of the San Bernardino Municipal Code is hereby amended as follows: 8 9 8.60.010 Dates. Location, and Hours of Sale. 10 "Safe and sane" fireworks as defined by Section 12529 of the 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 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 shall not be allowed north of a line beginning with the point where Highway 330 intersects with Highland Avenue (in proximity of Boulder Avenue), then west along the north side of Highland Avenue to the westbound freeway on-ramp located immediately west of Arden and Highland Avenues, then west along Route 30 (cross-town freeway) to that point where said Route 30 (cross-town freeway) intersects with Interstate 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 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 sides of Highland Avenue notwithstanding the foregoing. SECTION 2. Section 8.60.015 is hereby added to the San Bernardino Municipal Code as follows: 11 12 13 14 15 16 17 18 19 20 21 Sale of Fireworks to Minors Prohibited; Identification Required. The sale of "safe and sane" fireworks as defined by Section 12529 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 government entity which contains a photograph of the purchaser is required at time of purchase. 8.60.015 22 23 24 25 2 6 1111 27 /iiI 28 11I1 1 -d=- 30 t) r frzfi 7 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 BERNARDlNO MUNICIPAL CODE 3 RELATING TO FIREWORKS. - 4 . SECTION 3. Section 8.60.050 of the San Bernardino Municipal Code is hereby amended to add paragraph "D" as foUows: 8.60.050 D 5 6 7 Every fireworks stand operator (non-profit organization selling 8 fireworks) must designate one or more respollS1ble individuals( s) who must ~ 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 respollS1ble individua1( s) attend said safety program and orientation session shaD result in the denial of a license under this 11 chapter. 12 13 1111 IIII 1111 1111 1111 1111 1111 11111 1111 //II 1//11 1111 1111 //II 1//1 //II //II 2 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECl10N 8.60.010 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING SECl10N 2 8.60.015 TO THE SAN BERNARDINO MUNICIPAL CODE AND AMENDING SECl10N 8.60.050 ADDING PARAGRAPH "0" 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 meeting thereot: held on the Common Council of the City of San Bernardino at a 6 , 1997, by the following vote, to wit: 7 _ day of COUNCIL MEMBERS: NEGRETE CURLIN ARIAS OBERHELMAN DEVLIN DEAN-ANDERSON MILLER AYES NAYS ABSTAIN ABSENT 8 9 10 11 12 13 14 15 16 City Clerk The foregoing Ordinance is hereby approved this _ day of , 1997. 17 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 ?1?~A4>--_ 27 , I 28 3 ~ ... WHll..E THE PROPOSED ORDINANCE DOES: Entered into Record at CouncillCmyOevCms Mtg: Cf /1.-/r1 * Require attendance at safety seminar by re Agenda Item 3 0 ~J.~ ~ity Clerk/COC Secy City of San Bernardino * Raise the age of purchase to 18 * Require proof of age THE PROPOSED ORDINANCE DOES NOT: * Restrict the hours during the day that state-approved fireworks can be legally used * Require supervision of minors * Reinforce the enforcement/penalty provisions contained in state law regarding the use of dangerons, illegal fireworks * Establish a more severe penalty for use of state-approved fireworks in the restricted areas WE WOULD RECOMMEND THAT THE CITY COUNCIL AMEND THE PROPOSED ORDINANCE: * To add the language on: * Hours of use * Supervision of minors * Stronger enforcement/penalties AND KEEP THE EXISTING LANGUAGE ON THE AREAS OF THE CITY WHERE STATE-APPROVED FIREWORKS MAY BE USED OR SOLD (ie. Do not allow use or sale in High Fire Hazard Areas and the Perris Hill Area) AND ESTABLISH A "SAFETY TASK FORCE" CHAIRED BY A COUNCILMEMBER TO DESIGN A SAFETY PROGRAM FOR THIS COMMUNITY, WHICH THE INDUSTRY WILL HELP UNDERWRITE, WHICH: * Has representatives of the non-profit organizations, the fire department, the police department, the fireworks wholesalers, and the local media; and * Has as one of its main goals, a new "No Tolerance" policy on the use of illegal fireworks citywide and all fireworks in the restricted areas and after hours. #30 7/rL/17 . Any person found to be in violation of California Health and Safety Code Sections 12500-12726 shall be subject to the punishments, fines and penalties set forth in California Health and Safety Code Section 12700-12702, inclusive. Any person found to be violating Section 8.60.120B of this Chapter by use of state-approved fireworks in a high fire hazard area described in Section 8.63.130 or within the area bounded by Highland Avenue, Del Rosa Avenue, Pacific Street and Perris Hill Drive, commonly known as Perris Hill, is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less $500 nor more than $1,000 or by imprisonment in the County jail for one year, or by both such fine and imprisonment. Any person violating any other provision of this chapter is guilty of an infraction which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this code. Furthermore, the license shall be revoked. . .- I. 2. 3.* 4.* 5. 6. 7. 8.* 9. 10. II. 12.* Name of Non-Profit Organization Tachikawa Sister Cities CHP Widows Pony Colt League A YSO Soccer Jr. Womens Club Police Wives Assoc. First Assembly of God ALP 14 Raider Boosters Gathering Place Church Post 777 Copesetic Prince Hall Location of Fireworks Stand 2950 Del Rosa 40th & Lugo SEC Palm & Highland 2460 Highland SWC Marshall & E Kendall & Shandin University & 215 Freeway WalMart 40th & Lugo Hughes & University Jack In The Box/University DoerVen/WalMart Fireworks Brand Name Red Devil Red Devil Red Devil Red Devil Red Devil Red Devil Red Devil Freedom Freedom Freedom Blockbuster Blockbuster I ~.. CITY OF San Bernardino POLICE DEPARTMENT LEE 0 E A N CHIEF OF POLICE August 25, 1997 Dennis C. Revell President/CEO Revell Communications 1121 "L" St., Suite 806 Sacramento, CA 95814-3926 Re: Public Records Act Request of August 5, 1997 to the San Bernardino Police Department Dear Mr. Revell, As you know the San Bernardino Police Department referred your request to the San Bernardino City Attorney's Office for review. The following information was gleaned through police CAD and San Bernardino Police Department Records Division in accordance with the city attorney's direction. 1994 188 calls for service, 0 arrests 1995 133 calls for service, 0 arrests 1996 187 calls for service, 0 arrests 1997 255 calls for service, 0 arrests Your request for Municipal Code Section 8.60.120A-C as it relates to copies of documents providing information on the summary of citations, arrests, warrants and convictions are not researchable. ~~-yo=". ~v'-O St en D. Jar 's Patrol Exec tiv Officer SDJ/mc Entered into Record It . I f CouncillCmvDevCms Mtg: 9; ~ '11 by re Agenda Item ~1 0 ~CS~ City of San Bernardino POST OFFICE BOX 1559. SAN BERNARDINO. CALifORNIA 92401.1559 (1101)384-6742 +rr9 SRN BDO c POL I CE ID:9093884838 HUl:l L/5 :lr .1.",)'~ I 1'1,,1 ..........~ I ........... C I T '( 0 r San l)ernard~aQo Record at CoullciliCmvDevCms Mtg: 'l /7. /;-7 'OLlq'lDIPA._A,..E.MT 1.. E E 0 E A N CI'lIC,'OF I'O",'CI= b~ _ re Aye,,[j~ Item 3() August 28, 1997 ~_ CLML ~ity CI~rkICDC Secy City 01 Sail Bernardino Dennis C. Revell President/CEO Revell Communications 1121 "L"'St., Suite 806 Sacramento, CA 95814-3926 Via: Facsimile/Regular Mail Re: Data Information San Bernardino police Department. Dear Mr. Revell, Per our conversation this, morning, I have reviewed calls for service in the area bordered by Highland Ave., Del Rosa Ave., Pacific St. and Perris Hill Dr. for the window of 6-16-97 through 7-17-97. I am unable to find any fireworks related calls recorded in PoJ.:i.ce Di.apatch records. It shoul.d be nOl.ed that a largl! portion of that area is unincorporated and not included in the jurisdiction of the City of San Bernardino. As I explained this morning, we are unable to supply information differentiating the use of fireworks on public streets ve:t;"ses private property, fields, dry brush or wash areAS other than for the requested window in 1997. unfortunately, the number of calls regarding use of illegal fireworks verses safe and' sane fireworks is unavailable except for the same time period. If you need i!lI1other copy of the "Raw data collection fireworks related calls for service, June 28, 1997 0800 - July EI, 1997 0600", please advise and I will insure that that st.aff work is expedited to you. If there is anything else I can do to assist, please feel free to contact ltle. ve~rul yours, ~ . ,;::, ~'<) Stephen D. Ja ~ s Patrol Executi ,Officer SDJ/mc POIT OFFICI! 10J. ,aa., 'A" DCItN~AOINO. CAI..IFOIINIA '~.01' 1,.0 (lel)'.II.".2 *;'0