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HomeMy WebLinkAboutMC-1390(U) Adopted: July 1, 2013 Effective: July 1, 2013 ORDINANCE NO. MC-1390 1 URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTION 8.60.095 REGARDING 2 REGULATORY FEES FOR THE SALE OF FIREWORKS. 3 WHEREAS, the use of fireworks, including safe and sane fireworks, is inherently 4 dangerous and poses a threat to the health and safety of the residents of the City of San Bernardino; and 5 6 WHEREAS, it is the Mayor and Common Council's desire to allow the use of safe and sane fireworks in designated areas in the City; and 7 WHEREAS, it is the Mayor and Common Council's desire to allow non-profits to 8 operate fireworks stands in the City as a means to raise funds for their organizations; and 9 WHEREAS, fireworks season will begin in July of 1, 2013 and there is a need to to provide proper enforcement to protect the health and safety of the residents of the City of San 11 Bernardino; and 12 WHEREAS, it is the Mayor and Common Council's desire to impose a regulatory fee to cover the costs of the personnel required to enforce the law regarding fireworks in the City to 13 protect the health and safety of the residents of the City of San Bernardino. 14 NOW THEREFORE, the Mayor and Common Council of the City of San Bernardino 15 do Ordain as Follows: 16 Section 1. San Bernardino Municipal Code Section 8.60.095 is amended to read as 17 follows: 18 8.60.095 Regulatory Fee for Licensee and Fireworks Supplier. 19 A. The City shall assess a regulatory fee based on the gross sales 20 of fireworks on all fireworks sales that occur within the City of San Bernardino. One half of the regulatory fee shall be 21 paid by the licensee and the remaining one half shall be paid 22 by the fireworks supplier. The purpose of the regulatory fee is to raise sufficient funds for the City to pay for fireworks 23 public education and an awareness campaign about fireworks, and for enforcing the provisions of this Chapter, 24 including extra personnel time for fire inspection and 25 enforcement duties. 26 B. Prior to imposing the fee, the City shall prepare a study of the anticipated cost for fireworks education, awareness and enforcement. After preparing 27 the study, the Mayor and Common Council shall adopt a Resolution 28 setting the regulatory fee rate no later than 7:00 p.m. on July 1 of each MC-1390 1 year. 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 2 set forth in Section 8.60.070(P). 3 C. The Finance Department, each year, shall determine the amount of the 4 regulatory fee based on the licensee's fireworks sales financial statements. Each licensee shall provide its fireworks sales financial statement and their 5 fireworks supplier's information to the City no later than August 31St for 6 the period set forth in section 8.60.070(P). After the Finance Department receives the financial statements, the Finance Department shall invoice 7 each licensee and each fireworks supplier for their share of the total annual regulatory fee. Payment of the regulatory fee by each licensee and each 8 fireworks supplier shall be due to the City thirty(30) days following the 9 issuance of the invoice. 10 D. Failure by any licensee or fireworks supplier to pay the amount invoiced 11 by the City's Finance Department shall be cause to disqualify the licensee from obtaining a license to sell fireworks and disqualify the fireworks 12 supplier from providing their products for sale in the City in the future. In the event that the regulatory fee is not paid by the due date, it shall be 13 subject to a ten(10)percent penalty for each month or portion of a month 14 that it is overdue. If not paid by the due date, the amount becomes a debt owed to the City subject to collection by any legal means available. 15 E. Any person who violates or causes violation of any provision of this 16 Section shall be deemed guilty of an infraction or a misdemeanor,which 17 upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code. 18 Section 2. This urgency ordinance shall take effect upon adoption and is adopted 19 pursuant to San Bernardino City Charter Section 31 and 121, by a two-thirds (2/3) vote of the 20 Council, for the immediate preservation of the public peace,health, or safety. The Mayor and Common Council find that all of the above-stated recitals are true and hereby incorporate them 21 herein as the statement of urgency supporting this ordinance. 22 23 24 25 26 27 28 2 MC-1390 1 URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTION 8.60.095 REGARDING 2 REGULATORY FEES FOR THE SALE OF FIREWORKS. 3 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a j Dint adjourned watt thereof, held on the 1 s tday of July , 2013,by the following vote, to wit: 5 6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 7 MARQUEZ X 8 JENKINS X 9 VALDIVIA x 10 11 SHORETT X 12 KELLEY X 13 JOHNSON X 14 MC CAMMACK x 15 16 /c -G✓ 17 George �� City�i A7425:6__ 18 The foregoing Ordinance is hereby approved this day of July , 2013. g g 19 20 'AT CK J. MO ayor 21 Ci y of San Bernardino 22 Approved as to form: 23 JAMES F. PENMAN City Attorney 24 25 26 By: Declined to sign 27 28 3