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HomeMy WebLinkAboutS1- City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James F. Penman, Subject: Amendments and Additions City Attorney To Chapter 8.60 regarding Fireworks Dept: CITY ATTORNEY'S OFFICE Date: April 30, 1998 00 Synopsis of Previous Council action: 1. September 2, 1997: Ordinance repealing Chapter 8.60 of the San Bernardino Municipal Code and amending Section 15.16.270 of the San Bernardino Municipal Code repealing fireworks, etc., was tabled. 2. September 2, 1997: That the matter be referred to the City Administrator's office and the City Attorney's office; that consideration be given to the boundary of 40th Street, elimination of the high-fire areas and consider the legality of the imposition of a fee on fireworks manufacturers to offset costs of fire and police services. 3. April 20, 1998: That the matter be referred to the Legislative Review Committee. Recommended motion: That said ordinance be laid over for final adoption. Signature Contact person: James F. Penman Phone: 5255 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: 754,262 Agenda Item No. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT The proposed amendments and additions to Chapter 8.60 of the San Bernardino Municipal Code add the following: ► Incorporation of the new boundaries as defined in Section 15.16.135 regarding High Fire Hazard Areas as the area in which the sale and discharge of fireworks are prohibited(Section 8.60.010); ► Adds an age limitation prohibiting anyone under the age of 18 years from purchasing fireworks(Section 8.60.015); ► Changes the penalties for violating any provision in Chapter 8.60 to reflect the first offense as an infraction(punishable with a fine not to exceed $100) and any subsequent violation by the same person being punishable as a misdemeanor($1000 fine and/or 6 months in county jail) (Section 8.60.150). 75.0264 I ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 8.60.010 AND 8.60.150 OF THE SAN BERNARDINO MUNICIPAL CODE 3 AND ADDING SECTION 8.60.015 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. 4 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 6 DO ORDAIN AS FOLLOWS: 7 SECTION 1. Section 8.60.0 10 of the San Bernardino Municipal Code is hereby amended 8 as follows: 9 "8.60.010 Location of Sales and Discharge of Fireworks. 10 Safe and sane fireworks as defined by Section 12529 of the Health & Safety Code of the state may be sold and discharged within the City, 11 except that such use or sale shall not be allowed in the Hazardous Fire Area as defined in Section 15.16.135 of this Code." 12 13 SECTION 2. Section 8.60.015 is hereby added to the San Bernardino Municipal Code 14 as follows: 15 "8.60.015 Sale of Fireworks to Minors Prohibited; Identification Required. 16 The sale of fireworks to anyone under the age of 18 is prohibited. 17 A valid form of identification is required at time of purchase." 18 19 SECTION 3. Section 8.60.150 of the San Bernardino Municipal Code is hereby amended 20 as follows: 21 "8.60.150 Violation; Penalty. 22 a. Any person violating any provision of this Chapter is guilty of an infraction for the first offense, which upon conviction thereof is 23 punishable in accordance with the provisions of Section 1.12.010 of this Code. 24 b. Any subsequent violation of this Chapter by that same 25 person within a three year period is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of 26 Section 1.12.010 of this Code." 27 28 SDEBG[Fireworks.Ord] 1 April 30, 1998 S--y-9� Si I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 8.60.010 AND 8.60.150 OF THE SAN BERNARDINO MUNICIPAL CODE 2 AND ADDING SECTION 8.60.015 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. 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 meeting thereof, held on the 6 _day of , 1998, by the following vote, to wit: 7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 LIEN 10 ARIAS 11 SCHNETZ 12 DEVLIN 13 DEAN-ANDERSON 14 MILLER 15 16 17 City Clerk 18 The foregoing Ordinance is hereby approved this_day of , 1998. 19 20 JUDITH VALLES, Mayor 21 City of San Bernardino 22 Approved as to form and legal content: 23 JAMES F. PENMAN, 24 City Attorney 25 26 ��^ 27 / 28 J SDE/BG[Fireworks.Ord] 2 April 30, 1998 -� -- , SAFE SANE FIREWORKS IN THE CITY OF SAN BERNARDINO FIREWORKS ARE PERMITTED IN NON-SHADED AREAS ONLY < T 7 z TO 7 - 'T OFFENDERS ARE SUBJECT TO A $500 FINE AND/OR SZX-MONTHS M JAIL. IV7 .................. Ld .qlp W -g- 41i .......... At n at M w A rT -4�u n7 STA rE >10AAk HIS16LAWO -AVE t1_1 rd FArjFjC.-..ST" 9ASEL DE ST FOOTHILL t BLVO I !Aur. IR I ALTO AVE MILL ST 4 LL ...... RANCA AVE w'u AWE, if it I '.'fLr P gTALl.7Y:lN: i4 " 4urf L� W 'TH C)r ~ SAFE SANE FIREWORKS CITY OF SAN BERNARDINO FZREWORKS ARE PERMZTTED IN NON-SHADED AREAS ONLY MOIRTH 7 71 7T TH NOT T SCALE OFFENDERS ARE SUBJECT TO A $500 FZNE ANDIOR SZX-MONTHS IN JAIL. Lu C2 w 40M sr i HIGHLAND DACIFIC FOOTHILL ;TLI 'T RIALTO MILL ST RANDALL SAN BERNARDINO IN THE