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HomeMy WebLinkAboutMC-1269 Adopted: April 21, 2008 Effective: May 22, 2008 ORDINANCE NO. KC-1269 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING 3 CHAPTER 8.61, REPEALING SECTION 8.60.140, AND AMENDING SECTION 8.60.150 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING 4 FIREWORKS. 5 The Mayor and Common Council of the City of San Bernardino do ordain as follows: 6 WHEREAS, the City faces an increasing incidence of the use of illegal fireworks, both on 7 public and private property in the City; and 8 WHEREAS, the use of illegal fireworks on public and private property can lead to an 9 increase in injuries to persons and damage to property; and 10 WHEREAS, the growing use of illegal fireworks on public and private property has II increased the need for Police and Fire Departments' response; and 12 WHEREAS, the City wishes to reduce the incidence of in juries and damage that result from 13 the use of illegal fireworks in the City of San Bernardino; and 14 WHEREAS, California Health and Safety Code Section 12557, effective January I, 2008 15 by SB 839, requires that a city's ordinance related to dangerous fireworks comply with certain 16 requirements; 17 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF 18 SAN BERNARDINO DO ORDAIN AS FOLLOWS: 19 Section 1: Chapter 8.61 Prohibited Fireworks, is hereby added to the San Bernardino 20 Municipal Code to read as follows: 21 22 Chapter 8.61 PROHIBITED FIREWORKS 23 8.61.010 Dangerous Fireworks Prohibited. 24 25 26 27 28 In accordance with state law, it is unlawful for any person, organization, group, association, etc., to possess, sell, use, or discharge any "dangerous fireworks" in the City of San Bernardino, without a permit or license granted by the State Fire Marshal. F:\EMPENO\Ordinances\Ordinance re 8.6] - Flreworks.wpd 1 MC-1269 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 /1/ 26 /1/ 27 28 8.61.020 Dangerous Fireworks Defined. "Dangerous fireworks," as that term is used in this chapter, shall mean and carry the same definition as provided in California Health and Safety Code Section 12505, as amended by the State Legislature from time to time. 8.61.030 Violation - Penalty. A. Any person, organization, group, association, etc., violating any provision of this Chapter is guilty of a misdemeanor, which upon conviction thereof, is punishable in accordance with the provisions of Section 1.12.010 of this Code. B. In addition to any other penalties provided by law, any person, organization, group, association, etc., violating any provision of this Chapter shall be subject to an Administrative Civil Penalty of one thousand dollars ($1,000) for each violation, pursuant to Chapter 9.93 of this Code." 8.61.040 State-Law Limitations. A. Any administrative fine or administrative civil penalty assessed pursuant to this Chapter 8.61, shall provide for cost reimbursement to the Office of the State Fire Marshal and the collection of disposal costs pursuant to Health and Safety Code Section 12557. B. Chapter 8.61 shall be limited to apply only to a person, organization, group, association, etc., who possesses or the seizure of 25 pounds or less of dangerous fireworks. C. Any administrative fine or administrative civil penalty collected pursuant to this Chapter 8.61, shall not be subject to Health and Safety Code Section 12706, Disposition of Fines and Forfeitures. F:\EMPENO\Ordinances\Ordinance re 8.61 - Fireworks.wpd 2 MC-1269 1 Section 2: Section 8.60.150 Violation-Penalty, regarding safe and sane fireworks, is 2 hereby amended to read as follows: 8.60.150 Violation-Penalty. A. Any person, organization, group, association, etc., violating any provision of this Chapter is guilty of an infraction or a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code. B. In addition to any other penalties provided by law, any person, organization, group association, etc., violating any provision of this Chapter shall be subject to an Administrative Civil Penalty of one thousand dollars ($1,000) for each violation, pursuant to Chapter 9.93 of this Code. Section 3: Section 8.60.140 is hereby repealed. 3 4 5 6 7 8 9 10 11 12 III 13 III 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F:\EMPENO\Ordinances\Ordinance re 8.61 - Fireworks.wpd 3 MC-1269 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.61, 2 REPEALING SECTION 8.60.140, AND AMENDING SECTION 8.60.150 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING FIREWORKS. 3 4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 5 Council of the City of San Bernardino at a i to re~ular meeting thereof, held on the 2l"1dayof 6 Aril , 2008, by the following vote, to wit: 7 8 COUNCIL MEMBERS: 9 ESTRADA 10 BAXTER 11 BRINKER 12 DERRY 13 KELLEY 14 JOHNSON IS MC CAMMACK 16 17 18 19 20 21 The foregoing Ordinance is hereby approved this :l2..) day of April ,2008. r 22 Approved as to form: 23 JAMES F. PENMAN City Attorney 24 25 ~h~'1 ~~~ -~tf ~g 26 ~;.-.~ ~ ~fl'('j;~ 27 28 f:\EMPENO\Ordinances\Ordinance re 8.61 - Fireworks.wpd 4