HomeMy WebLinkAboutItem No. 10 - Second Reading of MC-1535 Penalties for Firework Violations
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Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 6, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Eric McBride, Acting Chief of Police
Subject: Final Reading and Adoption of MC-1535 Penalties for
Fireworks Violations
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, conduct a final reading of and adopt Ordinance MC-1535, amending
Chapters 8.60 and 8.61 of Title 8 and Chapter 9.93 of Title 9 of the San Bernardino
Municipal Code, pertaining to the use of fireworks within city limits.
Background
Chapters 8.60 and 8.61 of the San Bernardino Municipal Code regulate fireworks sales,
designate certain restrictions on the possession and discharge of fireworks, and
establish penalties for violations of fireworks regulations. Chapter 9.93 of the San
Bernardino Municipal Code establishes the Administrative Civil Penalties program and
sets a $1,000 maximum daily penalty per violation of the Municipal Code.
During the July 17, 2019 Mayor and City Council meeting, it was directed that the
Legislative Review Committee explore modifying the Municipal Code to increase fines
and penalties for fireworks violations in the City of San Bernardino.
Legislative Review Committee Action
On September 11, 2019, the Legislative Review Committee convened to discuss
fireworks violations and to provide direction to staff. Following public comment and
Committee member discussion, a majority of the Committee voted to direct staff to
place an item on the agenda for a future meeting of the Mayor and City Council
Members to:
Consider amending the Municipal Code to adopt an enhanced penalty structure
for fireworks violations; and
Consider establishing a fund consisting of fines collected from fireworks
violations to be used to pay a reward in the amount of $250 to any individual
providing information leading to the identification and successful criminal or civil
prosecution of any person violating the City of San Bernardino Municipal Code
related to the unlawful possession, sale, or discharge of fireworks.
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Council Direction
During the November 6, 2019 meeting, the Mayor and City Council unanimously
accepted the recommendations provided in the Fireworks Permitting and Penalties for
Fireworks Violations staff report. That report outlined a proposed structure for increased
administrative civil penalties for fireworks violations as well as the establishment of a
reward fund for individuals providing information leading to the identification and
successful criminal or civil prosecution of any person violating any fireworks -related
Municipal Code. City staff were directed to draft a proposed ordinance modifying
Chapters 8.60, 8.61, and 9.93 of the Municipal Code according to the terms provided in
the staff report and to bring the proposed ordinance back to the Mayor and City Council
for further consideration.
On April 15, 2020, staff returned to a meeting of the Mayor and City Council for the
Introduction and First Reading of Ordinance MC-1535 Penalties for Fireworks Violations
amending Chapters 8.60 and 8.61 of Title 8 and Chapter 9.93 of Title 9 of the San
Bernardino Municipal Code pertaining to the use of fireworks within city limits. The item
was unanimously approved by the Mayor and City Council.
Discussion
Existing Penalties for Fireworks Violations
As currently established, Section 8.60.150 of the Municipal Code makes it an infraction
or a misdemeanor to violate any provision of Chapter 8.60 of the Municipal Code
relating to the sale, possession, and discharge of safe and sane fireworks. Section
8.61.030 of the Municipal Code makes it a misdemeanor to violate any provision of
Chapter 8.61 of the Code relating to the possession and discharge of dangerous
fireworks. Anyone convicted of an infraction is subject to a fine not to exceed $100 for a
first violation, $200 for a second violation within one year, and $500 for any subsequent
violation within one year (Municipal Code Section 1.12.010). Anyone convicted of a
misdemeanor violation is subject to imprisonment in the County Jail for not more than
six months and/or a fine not to exceed $1,000 (Municipal Code Section 1.12.010).
In addition to criminal fines and the potential for imprisonment as o utlined above,
fireworks violations are also currently subject to an Administrative Civil Penalty of
$1,000 per violation (Municipal Code Sections 8.60.150, 8.61.030, and 9.93.020). Each
fireworks violation may be subject to criminal penalties, civil penalties, or both.
Comparison of Fireworks Violation Penalties Throughout the Region
The proposed increase to administrative civil penalties fines for fireworks violations is
premised upon staff research and analysis of various penalties for fireworks violati ons in
the region. Staff evaluated current fireworks regulations and penalties in use by the
County of San Bernardino, 23 incorporated cities within the County of San Bernardino,
and the City of Riverside. Of the 25 jurisdictions evaluated, eight permit so me form of
lawful possession and discharge of safe and sane fireworks (Adelanto, Barstow, Chino,
Colton, Fontana, Grand Terrace, Needles, and Rialto), and all impose some form of
penalty structure for fireworks violations.
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Most of the jurisdictions evaluated establish criminal penalties for fireworks violations as
either an infraction punishable by a fine up to $500, or as a misdemeanor punishable by
a fine up to $1,000 and/or six months in County Jail. These criminal penalties are on par
with the criminal penalties authorized by the City of San Bernardino Municipal Code, as
well as state provisions for infraction and misdemeanor crimes. Given the relative
uniformity in criminal penalties among the jurisdictions researched and the
determination that the City of San Bernardino Municipal Code is consistent with those
penalties, staff recommends no changes to the criminal penalty structure.
Most of the jurisdictions evaluated also allow for some form of civil penalty in addition to
any criminal penalties assessed. For dangerous fireworks violations, civil penalties
range from $100 for a first violation on the low end of the spectrum to $10,000 for a third
violation within one year on the high end of the spectrum.
The cities of Fontana and Grand Terrace impose the highest civil penalties for
dangerous fireworks violations among the evaluated cities: $2,500 for a first offense,
$5,000 for a second offense within one year, and $10,000 for each subsequent offense
within one year. However, these same cities provide for a much lower penalty structure
for violations related to safe and sane fireworks: $250 for the first offense, $500 for the
second offense within one year, and $750 for each subsequent violation within one
year.
The City of Montclair imposes the highe st penalties for safe and sane fireworks
violations: $1,000 for the first offense, $2,500 for the second offense within 36 months,
and $5,000 for each subsequent offense within 36 months. There is no distinction in the
Montclair penalty structure differentiating safe and sane fireworks violations and
dangerous fireworks violations.
In contrast to these three example cities, the City of San Bernardino Municipal Code
provides for a $1,000 civil penalty for any fireworks-related violation, regardless of
severity, type of fireworks involved, or number of occurrences within a given time frame.
Proposed Municipal Code Modifications
In the Fireworks Permitting and Penalties for Fireworks Violations staff report presented
to the Mayor and City Council during the November 6, 2019 meeting, staff
recommended:
The adoption of the highest regional administrative civil penalty fines for
dangerous fireworks violations currently in use by the Cities of Fontana and
Grand Terrace;
The adoption of the highest regional administrative civil penalty fines for safe and
sane violations currently in use by the City of Montclair;
The adoption of a 36-month time frame for escalating penalties in the case of
repeat violations; and
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The creation of a reward fund consisting of fines collected from fireworks
violations to be used to pay a reward in the amount of $250 to any individual
providing information leading to the identification and successful criminal or civil
prosecution of any person violating the City of San Bernardi no Municipal Code
related to the unlawful possession, sale, or discharge of fireworks.
The Mayor and City Council accepted each of the foregoing recommendations as
presented.
In an effort to enhance public safety through the deterrence of unlawful sales ,
possession, and discharge of fireworks while remaining consistent with regional
standards, and in accordance with the direction of the Mayor and City Council,
Ordinance MC-1535 will:
Amend Section 8.60.150(B) of the Municipal Code to reflect the follo wing civil
penalties for violations of Chapter 8.60 regarding the sale and use of safe and
sane fireworks:
o $1,000 for the first offense,
o $2,500 for the second offense within 36 months, and
o $5,000 for each subsequent offense within 36 months.
Amend Section 8.61.030(B) of the Municipal Code to reflect the following civil
penalties for violations of Chapter 8.61 regarding dangerous fireworks:
o $2,500 for the first offense,
o $5,000 for the second offense within 36 months, and
o $10,000 for each subsequent offense within 36 months.
Amend Section 9.93.020(E) of the Municipal Code to allow for a civil penalty
greater than $1,000 per violation of Chapters 8.60 and 8.61 of the San
Bernardino Municipal Code.
Add Section 8.60.155 to the Municipal Cod e authorizing the City Manager to
create a reward fund consisting of fines collected from fireworks violations to be
used to pay a reward in the amount of $250 to any individual providing
information leading to the identification and successful criminal or civil
prosecution of any person violating the City of San Bernardino Municipal Code
related to the unlawful possession, sale, or discharge of fireworks.
2020-2025 Key Strategic Targets and Goals
The recommended action aligns with Key Target No. 3c: Improved Quality of Life:
constantly evaluate public safety service delivery models to enhance the quality of
service. Enhancing the penalties associated with the unlawful sales, possession, and
discharge of fireworks and creating a reward fund to encourage the assistance of the
public in the identification and successful prosecution of individuals who unlawfully sell,
possess, and discharge fireworks will serve to deter unlawful fireworks activity and
improve public safety.
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Fiscal Impact
Administrative Civil Penalties citations generate revenue in the form of fines. The total
amount of fines varies and is dependent upon a variety of factors including the level of
enforcement, the number of Administrative Civil Penalties citations issued, the type of
violation, the number of violations committed, and the ability of the City to collect the
fines. The amount of fines collected is anticipated to increase under the proposed
enhanced penalty structure.
The proposed ordinance authorizes the City Manager to establish a special reward fund
consisting of fines collected from fireworks violations to pay rewards in the amount of up
to $250 to individuals providing information leading to the identification and successful
criminal or civil prosecution of any person violating any Municipal Code provision related
to the unlawful possession, sale, or discharge of fireworks. The number of rewards paid
from this fund will vary depending on a number of factors including: the number of
violations, the willingness of members of the p ublic to report violations, and the ability of
City staff to cite and successfully prosecute violators. However, staff anticipates that
fines collected for fireworks violations will be in a sufficient amount to cover the cost of
the reward program.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, conduct a final reading of and adopt MC-1535 amending Chapters 8.60 and
8.61 of Title 8 and Chapter 9.93 of Title 9 of the San Bernardino Municipal Code,
pertaining to the use of fireworks within city limits.
Attachments
Attachment 1 Proposed Ordinance MC-1535
Ward: All
Synopsis of Previous Council Actions:
04-15-2020 Mayor and City Council approved the Introduction and First
Reading of Ordinance MC-1535 Penalties for Fireworks Violations
amending Chapters 8.60 and 8.61 of Title 8 and Chapter 9.93 of
Title 9 of the San Bernardino Municipal Code pertaining to the use
of fireworks within city limits.
11-06-2019 Mayor and City Council approved a motion to accept the
recommendations provided in the Fireworks Permitting and
Penalties for Fireworks Violations Staff Report.
Ordinance No. MC-1535
ORDINANCE OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA AMENDING CHAPTERS 8.60 AND
8.61 OF TITLE 8 AND CHAPTER 9.93 OF TITLE 9
OF THE SAN BERNARDINO MUNICIPAL CODE,
PERTAINING TO THE USE OF FIREWORKS
WITHIN CITY LIMITS
WHEREAS, “safe and sane fireworks” are defined as any fireworks which do not come
within the definition of “dangerous fireworks” or “exempt fireworks” by the California Health
and Safety Code Section 12529; and
WHEREAS, during the Fourth of July celebrations, the City of San Bernardino
experiences numerous fires caused by both “safe and sane” fireworks and the use of illegal
“dangerous” fireworks; and
WHEREAS, the use of “safe and sane” fireworks outside the permitted firework zone
has caused the ignition of multiple fires; and
WHEREAS, the use of illegal “dangerous” fireworks has sparked fires throughout the
City; and
WHEREAS, fire crews respond to numerous fires caused by both “safe and sane” and
illegal “dangerous” fireworks throughout the City; and
WHEREAS, the Police Department receives numerous calls related to the use of illegal
fireworks in the days leading up to, including, and after July 4 each year; and
WHEREAS, in the days leading up to and including July 4, 2019, an estimated 1,500
pounds of illegal fireworks were seized in the City by law enforcement personnel; and
WHEREAS, in order to address this serious issue, City staff has sought ways to deter the
possession and lighting of illegal fireworks in the City, including by increasing penalties; and
WHEREAS, the City Council has determined that the public health, safety, and welfare
will be served by: (1) increasing the maximum penalties for the use and possession of safe and
sane fireworks outside of the permitted zone; (2) increasing the penalties for the use and
possession of dangerous fireworks; and (3) establishing a reward for the information leading to
the identification and successful prosecution of violators.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference. This Ordinance is enacted in accordance with the City’s police powers and in
accordance with the City’s powers as a charter city.
Ordinance No. MC-1535
SECTION 2. Section 8.60.150 B. of the San Bernardino Municipal Code is amended to
read as follows:
“B. In addition to any other penalties provided by law, any person, organization, group
association, etc. violating any provisions of this Chapter shall be subject to an Administrative
Civil Penalty of:
1. One-thousand dollars ($1,000) for the first offense; and
2. Two-thousand five hundred dollars ($2,500) for the second offense within
36 months; and
3. Five-thousand dollars ($5,000) for each subsequent offense within 36
months.”
SECTION 3. Section 8.61.030 B. of the San Bernardino Municipal Code is amended to
read as follows:
“B. In addition to any other penalties provided by law, any person, organization, group or
association, etc. violating any provisions of this Chapter shall be subject to an Administrative
Civil Penalty of:
1. Two-thousand five hundred dollars ($2,500) for the first offense; and
2. Five-thousand dollars ($5,000) for the second offense within 36 months;
and
3. Ten-thousand dollars ($10,000) for each subsequent offense within 36
months.”
SECTION 4. Amending section 9.93.020 E. of the San Bernardino Municipal Code to
read as follows:
“E. Administrative Civil Penalties for violations of any provision of the Municipal Code shall
be assessed at a daily rate determined by the Enforcement Officer, or by the Administrative
Hearing Officer pursuant to the criteria listed in Section 9.93.040 of this Chapter. The maximum
rate shall be $1,000 per violation per day unless a different amount is set elsewhere in this
Municipal Code. The maximum amount of Administrative Civil Penalties shall not exceed
$100,000 per parcel or structure for any related series of violations.”
SECTION 5. Adding Section 8.60.155 to the San Bernardino Municipal Code to read as
follows:
“8.60.155 Reward Fund
The City Manager may establish a special fund consisting of fines collected from firework
violations to pay rewards in the amount of no more than two-hundred and fifty dollars ($250) to
individuals providing information leading to the identification and successful criminal or civil
Ordinance No. MC-1535
prosecution of any person violating this Municipal Code related to the unlawful possession, sale,
or discharge of fireworks.”
SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance, or any part thereof, is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaining portion of this
Ordinance or any part thereof. The City Council hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the
fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase
be declared unconstitutional. If for any reason any portion of this ordinance is found to be
invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 7. Certification. City Clerk of the City of San Bernardino shall certify to the
adoption of this Ordinance and cause publication to occur in a newspaper of general circulation
and published and circulated in the City in a manner permitted under section 36933 of the
Government Code of the State of California.
SECTION 8. CEQA. The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this _____th day of ________, 2020
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
_________________________________
Sonia Carvalho, City Attorney
Ordinance No. MC-1535
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Roch, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Ordinance No. MC-________, introduced by the Mayor and City Council of the City of
San Bernardino, California, at a regular meeting held the ______ day of _________, 2020.
Ordinance No. MC-________ was approved, passed and adopted at a regular meeting held ____
day of __________, 2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this _______ day of
__________, 2020.
______________________________
Genoveva Rocha, CMC, Acting City Clerk