HomeMy WebLinkAboutItem 8.1 Fireworks 4 Millennium CITY CLERK
FILE # 650-60
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 7,1999
SUBJECT:
Request from Vice Mayor Lockhart to Discuss Issues Related to the
Sale of Fireworks for the Millennium
Report Prepared by: Richard C AmbrOse, City Manager
ATTACHMENTS:
Letter from Vice Mayor Lockhart dated August 31, 1999
Ordinance No. 2-99
'Letter from Don HeWell, American Promotional Events, Inc.,
dated August 31, 1999
FINANCIAL STATEMENT: None
DESCRIPTION: On January 19, '1999, the City Council adopted an amendment to the
City's Fireworks Ordinance (see attached) for the purpose of permitting the sale of fireworks for the
Millennium celebration.
The amendment to the City's ordinance permits the sale of fireworks between 12 p.m. on December 26,
1999, to 12 p.m. on January 1, 2000. The hours of sale are from 8 a.m. -10 p.m.
Vice Mayor Lockhart has requested that Staff place an item on the City Council agenda for the September
7, 1999, in order for the Council to consider safety issues related to the operation of the fireworks booths
for the .Millennium celebration.
The City has also received a letter (see attached) from Mr. Don Hewell of American Promotional Events,
Inc., who has raised issues related to the hours of sale and the dates of sale.
It is Staff' s recommendation that the Council hear Vice Mayor Lockhart's concerns and provide Staff
with the appropriate direction.
COPIES TO:
G:\CC-MTGSX99-QTR3XSEPT~9-7-99\ag-~reworks.doc
Don Hewell, American Promotional Events
ITEM NO. ~
//
AUGUST 31, 1999
RiCHARD AMBROSB
Dear Rieh,
I would like to add an item to our upeomlng agenda which deals with
the operational procedures of the Millennium Fireworks Salcs. I have a
concern regarding safety issues and feel that the Council as a whole should
\
review this project.
hunk you,
~~et Lockhart
ATTACHMENT 1
ORDINANCE NO. 2 - 99
AN ORDINANCE OF ~ CITY OF DUBLIN
AMENDING CHAPTER 5.24 OF ~ DUBLIN MUNIC/PAL
CODE RELATING TO THE SALE OF FIREWORKS
The City Council of the City of Dublin does ordain as follows:
SECTION I.
Section 5.24.070 of DMC "Safe and sane fireworks - Permit procedure" Amended
Section 5.24.070 "Safe and sane fireworks -- Permit procedure" of the Dublin Municipal Code is
mended by adding the following new sentence at the end of subparagraph "A.":
"Any application to sell fireworks during the period from December 26, 1999 through
January 1, 2000 must be received by the Fire Chief on or before October 1, 1999."
Section 5.24.070 "Safe and sane fireworks -- Permit proce;tur~" of the Dub '.lh Municipal Code is
further mended by revising subpara~aph "D." to read as follows:
"The application shall state the date and time on which it is proposed that fireworks
be sold, which in no event shall be for a period of time not within (i) twelve p.m.
(12:00 p.m.) on June 281h to twelve p.m. (12:00 p.m.) on July 5th of each year, or (ii)
twelve p.m. (12:00 p.m.) on December 26, 1999 to twelve p.m. (12:00 p.m.) on
January 1, 2000; however no fireworks shall be sold after ten p.m. (10:00 p.m.) or
before eight a.m. (8:00 a.m.) during these periods"
SECTION 2.
Section 5.24.100 of DMC "General requirements for permittees" Amended
Section 5.24.100 "General requirements for permitees" of the Dublin Municipal Code is mended
by revising subparagraph "C." to read as follows:
"The sale of fireworks shall not (i) be made to any person under the age of eighteen
(18), (ii) begin before twelve p.m. (12:00) p.m. on the 2BIb-day of June of each year
nor continue after twelve p.m. (12:00) p.m. on the 5th of July of each y_ear, nor (iii)
be=-im before twelve p.m. (12:00) p.m. on December 26, 1999 nor continue after
twelve p.m. (12:00) p.m. on January 1, 2000."
Section 5.24. 100 "General requirements for permitees" of the Dublin Municipal Code is mended
by revising subpara~aph '~." to read as follows:
'~:or any stands permitted to sell fireworks during any period from June 28th through
July 5th, all unsold stock and accompanying litter shall be removed from the location
of the stand by five p.m. (5:00 p.m.) on the fifth day of July, and the fireworks stand
shall be removed from the location no latex- than five p.m. (5:00 p.m.) on the eighth
day of July. For any stands permitted to sell fireworks during the period from
December 26, 1999 through January 1, 2000, all unsold stock shall be removed from
the location of the stand by five p.m. (5:00 p.m.) on January 1, 2000, and the
A'r"rAr~i-ilt~C;MT 9
fireworks stand shall be removed from the location no later than five p.m. (5:00 p.m.)
on January 4, 2000."
SECTION 3.
References to "Dou_mherW Regional Fire Authority" Omitted
Section 5.24.040 "Public display - Permit required" of the Dublin Murffcipal Code is
mended by revising the first sentence of subparagraph "A_" to read as follows:
"A. Any person desiring to hold a public display of fireworks within the
city shall submit an application for permit to the office of the City's Fire
Chief only between the dates of April 1 and April 30 of each year."
Section 5.24.040 "Public display - Permit required" of the Dublin Municipal Code is
mended by revising the last sentence of subparagraph "C." as follows:
"By accepting a permit, permittee agrees to indemnify and hold the city
harmless from any such damages." -
Section 5.24.070 "Safe and Sane Fireworks - Permit Procedure" of the Dublin Municipal
Code is amended by revising subparagraph "A_" to read as follows:
"A_ Any non-profit organization desiring to sell or to offer for sale safe and
sane fireworks shall first make a written ampliation to the Fire Chief for a
permit to sell fireworks at a fireworks stand."
SECTION 4. Postin__. and Effective Date
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State
of California.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Dubtin this 19~h day of
January, 1999, by the following vote:
AYES:
NOES:
Coundlmembers Howard, Lockhart, McCormick, Zika and Mayor Houston
None
ABSTAIN: None
ABSENT: None
ATTES~(~it0~LI ,,~~
' y~lerk
itclG!cc-mtgs, q- 19-99/ord-fireworks
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AMERICAN WEST MARKETING 15104891559
PROMOTIONAL
August 31, 1999
Mr. Richard C. Ambrose
City Manager
1 O0 Ch'lc Plaza
Dublin; CA 94568
Dear Mr. Ambrose:
In talking to the various Organizations in Dublin that participate ~ the selling of Safe and
Sane Fireworks over the years. some of the major questions are:
Weather: America Promotional Events plans to provide a stand that is covered with
plastic coveting which will help to a large degree to keep the rain off the Members as well
as the Proctuct. There ~xqll also be floor boards to keep the merchandise off the ground.
Hours of Sale: Because of the darkness during this time of year, a lot of Groups and
Cities are re~zommending that the hours be from 9:00 am to 8:00 pm daily, so as to not be
exposed to the late hour problems that could exist.
Dates of Sale: Again, because of the possibility of not having enough members helping
during this time ofy~ar. Its been recommended that the date be starting on December
281h- and ending Dec.,~m~ 3lst. 1999.
This would provide a safer climate and still achieve the same results that would make this
a tremendous fired miskng event for the Local Non-Profit Organ>ations.
IfI can be of any assistance, please don't hesitate to call on me.
Don Hewell
American Promotional Events Inc.
1780 Whipple Road, Suite 101 - Union City, CA94587-1954
(510) 489-1559 · fax (510) 489-I726
ATTACHMEN'
AMERICAN WeST 'MARKETING ~ 15184891559
s~//
The Boar~ of SuperVisors of ~he County o£ Sacramento, stoma
of Califomia, ord~In~ as lullchic:
BlOTION 1. ~qFR~OSE. Article ? of Chapte~ 4.54 uf th~
~acramento County Cod~ currently authorizes the =ale of certified
and s~ne fir~work~ from 1~=0o noon on JUne 28th through July
of the sam~ year. Chapter 363 o~ Statute~ of 1998 a~a &
new Section 12599.} tQ the California Health and Safety Code
muthoriztmg the 'sale 6f.cer~lfied. safe an~ sane £1z~works
conneCtlo~ wi~h the miller~tUm New Year ~elebratlOn, Section
":"i2599.~' Spe~ifiC~11~ ~er~i~'-ths sale 6f such-fireworks
city or co~ odinu:e ~hs~ ny aXsO res~t~ ~s h0~s
of ~uch fireworks, ~e p~ose of ~ls ordinance 1~ t~
th~ s{le and use of certtftd safe ud sue liraworks width
unincorporated area of the County of Sacram%nto in connection
with the millenni~a~New Year ~elebratio~ ~ubject to the
rnetrlutionB heroinafter ~et f~rt/% an~ the otherwise applicable
provisions of Artiole 7 of ChaRt,or 4.54 of the Sa~amento County
Notwithstanding any provisions to ~e con~a~ in ~ticle 7
of ~apter 4.54 of the ~a~~t~ Co~ty C0~S a~ S~Ject ~o
coallance vi~ ~e proviSionS of ~i; Ordinate and o~e~lee
appltc~le provisions of ~e saur~ento Co~ty C~e, it sh=11 not
be untaw~ul to p~sse~e,-sell, use. ~isplay or diSch~ge wi~in
r~ ,,-~' I{
the unJ. ncorpo~ated area of the county those flrework~ as
defined a~d ~la~if~ed aa "safe an~ ~ane ~irmworks" in Part 2
(commenCing With Section 12500) of DiviSion ~1 of the Cal~fOrnla
Health and ~fety Code during that time period b~i~ing at ~:O0
a.m. on Dec~ 28, 1999, and uontinuin~ t~ough
2000.
sz~o~ ~. ~OLEI~ NT~X Ot F~MN- Notwl~stan~ing
any provisions to the contra~ in ~icle 7 of ~&pt~ 4,S4 of
the Sacramento Co~ COde, ~e wholesale storage of firewSrk~
pemitted d~tng the 'p~od from DeePer 1, 199s, t~ough
'euOh dtcrage from .~e fire dlstric~ in whose J~t~dictton
storage 'Site is loua~ed and the Co~tyxe Builaing Inspeot~on
DiviSion .-
~e contrn~ 'in ~icle 7 of ~apter 4,~4 of ~2 ~acr~nto
Co~ty C~e, all appliCationS for ~ co~ty businesl
~ell fireworks p~Suant tO ~hiS Ordlnan~e ~ha11 be received and
filed wl~ ~e cc~ty T~ and License Collector (Direutor
Fhanc~) on or before OUtchit 1, 1999. Applic~tz shall be
notifl~ o~'~e'tentakive approval or delal of ~a application
by october'=[;- 199~.
~!~ 5. O~ITION OF ~T~, Notwithstanding any
proviziou ~o ~e contra~ in A~icle 7 of Chap=st
Sacr~Mto Co~ty C~e, ~he ~nle of f~ew~rk~ ~all begin no
~rlier ~an 9:00 ~.m. on 'Dec~b~ 28, le99, and shall
continue after 8:00 p.m. on Dece~er 31, 1999. ~ ~le ~f.
fiTew~rks s~11 be p~i~ted only ~rcm 9:00 a.m. to 8:00 p.m, on
Deoem]~er ~8, ~g, 30 And 21, 1999. Fireworks ~tand.~ eh~11
removed fe~m the {~por~z'y locations by noon on January ~2,
an~ all aGcompanying litter shall be uleared from such
by that date and time.
S~~to Co~ty C~e, all ~old s~e~ of f~eworka In
possession of ~e re~xller after 8:00 p.m. on Decent= 3~, 1999,
~h~ll be rotted 'to-~e dis~tbu=~r Dr wholes~l~ and
from ~a ~lncu~rat~d area of ~e CoUnty Wl~in t%n
any' proviston~ to t~ con~raU In ~tfcle 7 of Chapter 4.S4 of
~ce~ 22, 199~,*a~a'U~c~ 31, 1999, ~e Co~ty T~ and
Lloonne Collector (Director Of F~nan~e) shall in~o~ the
~at ~e lic~aee ~y se~ =eview of the Co~ty Tax and
C~lleCtor'e (Director of Finehoe's) d~cisi~n by ~e Cnunty
~e~ive, or ~e CO~ty ~e~%ive~s deei~ae, on ~e n~
busln%;s day. At ~e earliest _oppe~itW on ~e ne~
day a~t~ ~e ~evo~tion, ~e Co~ty TaX ~d License
(DirMctor 6f ?~nca) =hall provide ~e Co~ty ~ec~tiva wi~
~itt~n n~lce ~at a firewerks busines; li~nse hag
revoked, including ~a n~e ~ the lice~ee aM a brief ~t~t
of ~e go~a for revocation. If r~ested by ~e lic~see, the
county ~ecutive, or ~e Co~ty Exe~tive'a ~emignee. shall meet
with the licenm,e ~n~ the County T~ ~nd Lic~nae Collector
(Dire~o~ of Finance) On ~at day to review ~e County Tax and
> AMERZCAN, WEST-MARKETING 15184891559 ~//
LlC~r,=e coll~ctor'~ (Dlr~ct~ of Financ~ms) d~cts/on. The ' -
1~ the revocation occurs b~fore or ~ter ~.he ~peoift~d p~rlod,
~e appeal proced~e~ ~et fo~ in s~ection (b) 'of Section
4.54.420 of ~e-SaCr~en~o Co~ty C~e ah~ll
SE~ION 2, ~~ ~LI~ILI~ OY C0~T~ CODE.
as s~ctft~lly provided h~eln, ~a provtslonm of ~lcl~ 7
~apter 4.54 of ~a Sacramento co~ty Code shall remain in full
force and effect wt~ respect to the po~messton, sale, uxe,
display, or disUSe of fireworks, t~ether wl~ the !~su~ce of
~icen~e~ tO sell 'f~rew~rkS, d~ing ~e O~rative p~io~ Of
Ordinance.
· BI~x~ s.-'- '~. p~6visi6n, Of ~l~ ordhan~, Shall .apply
t~porartiy ~an~' un~y' tO~.~e ~period~. of ~ime .se~..fo~h =herein
'Shall ~av. n~-effec~ whatNoeVer on..~. a~pll~bility .of ~lcl. 7
of ~apter 4.M4 of ~e sacr~to curry c~e d~ng any
period of time.
sE~I~ Io. ~is or'dln~ce was introduced ~nd the title
~ereof read at ~e re~l~ meeu~g of ~e ~oard ~f
on ~y ~1, 19~9 .... and on ~y IBm 1999 .. f~er reading
was weird by ~e liecue vote of ~e ~up~isors
~is d~nance ~hall t~e ef(ect and be in full force on
aft~ ~i~y (~0) days from ~e date of its pa.~age, and before
the e~iration of fifteen (15) days from ~e d~te of it{
It ~all ~ ptl~hed once wi~ ~e hues of ~e m~ra of
Board o~ ~upa~isors voting ~or ~d a~ainBt ~a s~e, ~atd
p~l!~iOn to be made in a newspaper ~= 9~n~al-circulation
p~lished In ~t cc~ty 'of
AMERICAN WEST MARKETING 15184891559 ~ ~//
Collin , ~econded by
On ~ motion by supervisor "-
Supervisor Oicki~eo~ , ~c fo~egoin~ or~n~ce was
and adopted hy the Board of sup~vi~o~e of ths co~ty of
S~or~mento, ~tat~ of California, ~ia- IBth day of Hay
1999,
the following vote, to wit:
~ot~!n, D~ckinson, Niell0, Nottolt
Su~.~vt~or~, ....
A~SEa~T: SUparvieora, Johnscrn
o( -~aCramantO
FILED
DUBLIN CITY POLICY
Millenniun Fireworks
Hours of Sales
Dec. 28th.,29th.,30th., & 31st.
9:00 AM to 8:00 PM ·
Daily
BUY EARLY
SUN MON
12
19
3481'17
H,~'~ukl,31~ 14;r',u'~ tab
begins al sundown
352/'.3