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HomeMy WebLinkAbout6.4 Regulate Sale and Use of Fireworks CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 22, 1987 SUBJECT PUBLIC HEARING Regarding Regulation of the Sale and Use of Fireworks EXHIBITS ATTACHED o Proposed Ordinance o Staff Report from meeting of May 11, 1987 RECOMMENDATION Open Public Hearing Receive Staff Report Obtain Public Testimony Close Public Hearing Deliberate and determine appropriate course of action FINANCIAL STATEMENT: None DESCRIPTION At the regular City Council meeting on May 11, 1987, the City Council directed the City Attorney to prepare an ordinance which would prohibit the use of fireworks in the City of Dublin. Additional information was also requested on the regulation of fireworks by surrounding communities . The County of Alameda took action in April to prohibit the sale of fireworks in unincorporated areas following the 1987 4th of July celebration. The Cities of San Leandro, Union City, and Dublin are the only municipalities . in the County which allow the sale and use of fireworks . It is Staff ' s understanding that all of the cities in Contra Costa County prohibit fireworks. Therefore, after July of 1987, the City of Dublin will be the only location in the Tri-Valley area where fireworks are sold. The City Attorney has prepared an ordinance which will require two public hearings and become effective 30 days after adoption. Therefore, the ordinance will not impact the permits issued to non-profit groups. for the 1987 4th of July celebration. The City Attorney has included the term "regulated fireworks" in the proposed ordinance. There is currently legislation pending in Sacramento which would remove the reference to "safe and sane fireworks" and impose the term "regulated fireworks" . Both terms are used in the ordinance in order to avoid the need for an amendment if the State Law changes . The proposed ordinance prohibits the manufacture, sale, possession, purchase and use of fireworks . The City Attorney has provided an exemption to allow the City to conduct a public display of fireworks at an approved site, pursuant to the rules and regulations of the State Fire Marshall . Chief Phillips has - indicated that locating a site within the developed portion of the City would be difficult if the display included aerial bursts . However, he feels it is appropriate for the exemption to remain should a ground display be desired, or if future development provided an appropriate site to the east of Dougherty Road. The ordinance would repeal City of Dublin Ordinances No. 10-82 and No. 12-82 which established regulations for the sale of fireworks in the .City of Dublin. Copies of the current ordinances are attached to the Staff Report from the meeting of May 11, 1987 . At the City Council meeting on May 11, 1987, a resident inquired as to the ability to have supervised use of fireworks . The City Attorney has reviewed an ordinance in the City of Livermore which includes an exception to allow the City to sell "safe and sane" or regulated fireworks at the site of the public display. As noted above, it does not appear that an approved site could be located within the existing City. Chief Phillips and other Fire Department Officials have expressed a concern with allowing "supervised" use of fireworks. They believe that fire prevention efforts and education of youngsters is hampered when they are allowed to "play" with burning objects such as sparklers . Staff would recommend that the City Council conduct a public hearing, deliberate and determine the appropriate course of action. -----------------------------------------'----------------------------------- COPIES TO: ' Chief Phillips, DSRSD 'ITEM .NO. • PROPOSE0 AN ORDINANCE OF THE CITY OF DUBLIN REGULATING THE SALE AND USE OF FIREWORKS The City Council of the City of Dublin does ordain as follows : Section 1 . DEFINITIONS. For the purpose of this Ordinance, the words and phrases "fireworks" , "safe and sane fireworks" and "safe and sane and/or regulated fireworks" shall have the respective meanings ascribed to them in Sections 12500 et. seq. of the Health & Safety Code of the State of California. Section 2 . PROHIBITIONS. (a) The manufacture of fireworks or safe and sane fireworks or safe and sane and/or regulated fireworks is prohibited within the City of Dublin. (b) It is unlawful for any person to sell, offer for sale, solicit the sale of, possess, purchase, use, or ignite fireworks or safe and sane fireworks or safe and sane and/or regulated fireworks within the City of Dublin except as provided in this Ordinance. Section 3 . EXCEPTIONS. (a) The City may conduct a public display of fireworks at an approved site. The city may contract with a licensed pyrotechnic operator to conduct the display. Any public display shall be performed in accordance with the rules and regulations of the State Fire Marshal. Section 4. PROVISIONS TO SUPPLEMENT STATE FIREWORKS LAW. The provisions of this Ordinance shall supplement and be construed in harmony with the "State Fireworks Law" (Part 2, Division 11 of the Health & Safety Code of the State of California) and other applicable provisions of the laws of the State of California. Section 5. SEIZURE OF FIREWORKS. The Fire Chief shall have the authority to seize, take, remove, or cause to be removed at the expense of the owner, all stocks of fireworks offered or exposed for sale, stored or held in violation of this Ordinance. Section 6 . VIOLATION OF THIS ORDINANCE. Persons violating this ordinance shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine not to exceed $500 .00 or by imprisonment in the county jail for a period not exceeding 30 days, or both such fine and imprisonment. Section 7 . REPEAL OF DUBLIN ORDINANCE NO . 10-82 AND NO . 12-82 . Dublin Ordinances No. 10-82 and No. 12-82 are hereby repealed. Section S. EFFECTIVE DATE AND POSTING OF ORDINANCE. 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 AND ADOPTED by the City Council of the City of Dublin on this day of 1987, by the following vote: AYES: NOES : ABSENT: Mayor ATTEST: City Clerk -2- CITY OF DUBLIN ' AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 11 , 1987 SUBJECT Written Communication from Chief Philip Phillips , Dublin San Ramon Services District Fire Chief EXHIBITS ATTACHED Copy of . Letter dated April 30, 1987 Ordinances No . 10-82 and 12-82 related to the Regulation of the Sale and Use of Fireworks. RECOMMENDATION Consider . FINANCIAL STATEMENT: The City of Dublin receives a pro-rata share of the sales tax on all transactions. DESCRIPTION Attached is a copy of a letter from the Dublin San Ramon Services District Fire Department requesting consideration of prohibiting the sale of safe and sane fireworks.. Chief Phillips has referenced the action taken by the Alameda County Board of Supervisors to prohibit sales beginning July 7 , 1987 . In July of 1982 the City Council called for an advisory election on this issue . The City incurred a pro-rata share for the cost of a Consolidated Election with Alameda County . The measure was included on the November 1982 ballot and it read as follows : CITY OF DUBLIN MEASURE Advisory Vote Only Measure X: Should the City of Dublin enact an ordinance which would prohibit the sale of safe and sane fireworks within the city limits? The election resulted in 1 , 746 "Yes" votes and 2,489 "No" votes . Subsequent to the election , formal consideration of amending current City Ordinances regulating the sale of safe and sane fireworks has not been considered by the City Council . The City Attorney ' s office has indicated that an "Advisory Measure" does not bind a City Council to take a particular action, or restrain the City Council from taking action in the future. Staff would recommend that the City Council review and consider Chief Phillips request . . ---------------------------------------------------------------------------- COPIES TO: ITEM NO. r Chief Phillips rl DUBLIN SAN _ ,AMOK • SERVIC_ ." DISTRICT General Offices: 7051 Dublin Boulevard • Dublin, California 94568 • (415) 828-0515 30th April 1987 RECEIY, > ..D. ...!MAY ••:41981 i ./i: :1 LJ T.iat ! Richard C. Ambrose, City Manager CITY OF DUBLIN . 6500 Dublin B1. P. 0. Box 2340 Dublin, CA 94568 Dear Mr. Ambrose: I am sure you are aware of the action taken by the Alameda County Board of Supervisors 'in banning fireworks following the 1987 Fourth of July Celebration. I do, however, understand that the Board of Supervisors did authorize the County Fire Warden to ban fireworks in the Livermore - Amador Valley this year. While this has not been confirmed to me yet, I expect we will have confirmation shortly. My purpose in writing to you is to request that the City of Dublin give urgent consideration to banning the sale and use of so-called "safe and sane fireworks" within the City of Dublin. Prohibition of fireworks should commence this year. Respect 11 PHILI A. PHILLIPS, Fire Chief PAP/liw _ cc: General Manager, Paul Ryan Board of Directors A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA•PROVIDES MUNICIPAL TYPE SERVICES TO CITIZENS OF AMADOR"LIVERMORE AND SAN RAMON VALLEYS ALAMEDA AND CONTRA COSTA COUNTIES. .f . r „ rl.. .1• CE N . AN 0 'oRDIN .10. . . AN ORDINANCE OF THE CITY OF DUBLIN REGULATING THE SALE AND USE OF FIREWORKS : THE CITY COUNCIL ,OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: Section 1. DEFINITIONS. For 'the purpose of this article, - the works, and phrases "fireworks;" and "safe and sane fireworks" shall have the respective meanings ascribed to them in Sections 12500 et seq. of .the Health and Safety Code of -the State of California. Section 2. PROHIBITIONS. (a) The manufacture of fireworks is prohibited within .the jurisdiction. (b) No person shall possess, sell, deliver, . deal in, use, explode or• fire, or cause to be used, exploded. or fired, any form of fireworks designated as •'dangerous fireworks' .by Section 12505 of the Health and Safety Code 1 of the State of California. (c) The possession, sale, delivery, dealing in, .use, exploding or firing of any form of fireworks . designated as 'safe and sane fireworks ' by Section 12529 of the Health and Safety Code of the State of California is expressly permitted, except_as`.limited by this article. Section 3. EXCEPTIONS Nothing in this article shall be construed as prohibiting the use of torpedoes, flares, or.fuses by railroads or other transportation agencies for signal purposes of illumination; or the sale or use of blank cartridges : for ceremonial purposes, athletic,. or sports events or military ceremonials or demonstrations; or the sale, .dis- charge or display• of . fireworks by permittees having a. permit as hereinafter provided; or the use and display of fireworks of whatever nature by any person engaged in the production of motion pictures, theatricals, or operas when such use and display is a necessary part of such production; or the transportation of fireworks through the City in regular course, and in original packages or containers from any . point outside of the City to any other point outside' the City. , -+r ru.a41'l^a"!KrfS •+�+! '!ln;il':'ti'Y[+^1=^.Yf!`+Ntla��'�+Sa�a`�U.rr t�i^S'• �.;t.. rH ,,=raw:�'.:i'F.i'�'.7 '`/3dJxi�tN�•?:�d!" "•Gr3•'M'1S'# 3;v-�..r� �;.:'. '1 •.a... ..�,�w...�w...•.wewa�wca.w •a-Mw.�-..v.nw+n..a...ra..a...•.wn•�".—'w.r�:tiG..___ __•_ --—___- Section 4 . '•PUBLIC' DISPLAY .OF FIREWORKS -,`PERMIT:REQUIRED .Any person desiring• to hold `a public display-::. of fireworks within the City shall submit an applicatin for permit .to.-the office of the Fire Chief 'of the Dublin San 'Ramon• Services •District only between the dates of April -1 and April**30 of ..each year. In the event a permit is .. granted, sale, .•possession, use and distribution of fireworks . for such .display shall be lawful for that purpose only. No 'permit granted hereunder shall .be transferable. Said Fire Chief shall have power to adopt reasonable riiles •and regulations for granting of permits for supervised public displays of fireworks by a jurisdiction, fair associ- ation, .amusement ..park or other organziation for the use of fireworks by artisans in pursuit of their trade. Every such use or ,display shall be handled by a competent operator -approved by the Fire Chief and shall be of such character and so located, discharged or.-fired as in the opinion of ' .the Fire Chief shall not be hazardous to persons or.property. .. .The permittee shall=furnish a bond or certificate' .of -insurance in an amount deemed adequate by the Fire Chief for -the.payment -.of all damages which may be caused to a person or persons or .to any property by reason of the=permitted display .and arising .from any 'acts .of the permittee,- his agents, •employees or -subcontractors. ..•By accepting a permit, • -_ w� permittee •agrees to indemnify and hold both the City and ` • the Dublin San Ramon Services District harmless from any such damages.,_ All -fireworks that remain unfired*after the display .is concluded shall be immediately disposed of in an approved manner for the particular type of fireworks remaining. Section 5. LIMITATION ON NUMBER OF PERMITS The maximum number of permits to sell safe and sane fireworks which may be issued pursuant to this Article during any one calendar year shall not exceed one permit for each-3,000 residents of the City, based on the most recent population figure developed by the City Planning . Director. If the number of applications received up to and including the last day for making applications pursuant to this Ordinance exceeds the number of permits to be issued for the City, the Fire Chief shall immediately thereafter supervise an impartial drawing to determine an order of priority for each application. Section 6 . PREREQUISITES FOR ISSUANCE OF PERMIT. (a) No permit to sell safe and 'sane fireworks t shall .be issued to any person except nonprofit organizations -2- ' ��•aa Ste. ... ., a1A1:Z!T*"^`�=*�.y-�'+;-r-!^!y'�v.'ayCww`�n \;•p.,y. ..,/�y �y„ra+a--.e,/-..,m.r--n.•..,+�•..,[,n,..�....•_ ...- ...• ; :'1C• r.n.Mi'LV'M�M4�y1. •1••C•I�.Y�fi+.�w.�M^:�=��+5•Y•.L�'w.T'-+SI3'..1it_ Tw 1M,•,u'•.M•l-. T�.�r�,'..r-.�L:`.:N�yw.11�'\_Y�i�;•� -!••1w ylA'.P' PYf-\ .�...1. 'f •r, '•i �S' :i':M�+. ;'l. fit.i:•Y�'"' .... .1:':. L •./ corporations ',which"have obtained tax exempt`•'status/-•from 'the State .Franchise Tax Board "under'�section ':23701 ';(b) , .: `(d) , '(f) (g) , or .(1) ;of :the Revenue ;and Taxation Code..::.... (b) :::,Each ,such organization;must 'have .'its principal: and permanent meeting' 'place in the City limits " and must maintain a bona fide membership •of at. least 20 members , 'and must have been organized -and established within the City fora minimum of one year continually preceding .the . . filing of', the,.application for 'the: permit. ..Section 7 . - PERMITS TO SELL SAFE AND SANE FIREWORKS . " . (a). : .Any nonprofit- organization desiring•to sell or to offer for sale safe and .sane .fireworks shall .. first make a written application to the Fire.Chief of the .. Dublin San' Ramon Services .District .for a permit to sell fireworks -at a fireworks stand. (b) :� .Every application for a permit, shall be accompanied by .a :fee in the amount .of $100.00 to. ,cover reasonable costs of investigation and'administration: If the application is denied for any reason; one half of said fee shall be refunded. (c).. . Me application shall state the name of the applicant, the address of the organization, and. its principal or permanent meeting 'place. , -The application shall be accompanied by a letter .or- certificate from the ' State Franchise Tax Board which will show that the. applicant is exempt from the payment of the .Bank and Corporation Tax by Section .23701, (b) , .•(d) , .(f) , .(9) . or (1) of the " State Revenue and :Taxation Code. (d) ` The application' shall state the date and time on which it is proposed that fireworks be sold, which in no event shall be for any period of time'not within 12:00 noon on June 28th to 12:00 noon on July 5th of each year.': (e) The application shall 'set forth the proposed location of the fireworks stand, including a map or plot plan of .the lot or premises on which the stand is to be located depicting the stand• and other •structures on the premises . Any 'such stand must be located on private property, .'.located within commercially zoned districts , and must other- wise conform to zoning and other applicable laws and regulations . The written permission of the owner •of record or lessees must also accompany .the application. (f) 'Fireworks stands shall be located only in an area bearing a commercial zoning designation. .:...; ..-, .... ..... ......... .......... .1...,..... -...�.1�J 2lY�y^,iL11[:.^.�ZSYt:.:Z:li�.i:' :.•i\;uiti°ii�_i.•�• �:ua�1:�.4!L.;.•Nt.�17N.:�...c`Sa:A._uwv•.i::r:•.6.v.. .._... ....� _ r Section 8. OPERATION OF THE STAND. (a) No person other than the permittee shall operate the stand for which the permit is issued'or share or otherwise participate in the .profits of the operation of such stand. (b) No person other than the individuals who ' are members of the permittee organization, or the parents, wives or husbands or adult children of such members, shall sell or otherwise. participate in the sale of fireworks at such stand. Section 9 . FIREWORKS STANDS REQUIREMENTS All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand 'and sales from any other building or structure is hereby prohibited. Temporary stands shall be subject to the following provisions: (a) No fireworks stand shall be located within 25 feet of any other building nor within 100 feet of a gasoline pump. (b) Each stand in excess. of 24 feet in length must have at least two exits; and each stand in excess of 40 f eet in length must have at least three exits spaced �. . approximately equidistance apart, providing, however, that in no case shall the distance between exits exceed 24 feet. (c) Permittee.•shall--provide-each stand . with two,. two and one-half gallon fire extinguishers suitable for Class A fires, in good working order and. easily accessible for use in case of fire and approved as to type by the Fire Chief and conforming to the provisions of this code. Section 10. GENERAL REQUIREMENTS FOR PERMITTEES_ (a) All weeds and combustible material shall be cleared from the location of-the stand including a distance of at least 20 feet .surrounding the stand. (b) "No Smoking" signs .shall 'be prominently displayed on the fireworks stand. .. (c) . .The sale of fireworks shall not be made to minors under the age of sixteen (16) nor begin before 12 o 'clock noon on the 28th of June and not continue after the 5th day of July. (d) An information brochure concerning -instructions as to the use of safe and sane fireworks and .the hazards =4- , - —_ ._-___—.�.�.—..�.�.•.e•w-.i..•...w.,'ti t\•w.r+.+�.ww .•��u'f...—.`�—• �..N ,1F..•" ..L., i � ' ,.. '. w—.t��w.w�.�e.t w r...-.�.»....��...�_ 1,V VA attendant with their use by minors shall be furnished each purchaser by the permitee. No fireworks, or other explosives of any nature, shall be discharged upon the premises or lot upon which a fireworks stand is located. (e) All unsold stock and accompanying litter shall be removed from the location of the stand by 5 :00 o'clock p .m. on the 7th day of 'July, and the 'fireworks stand shall be removed from the location no later than the 10th day of July. Section 11. TEMPORARY SALES TAX PERMIT REQUIRED Organizations licensed for the selling of fireworks are required to obtain-a temporary sales tax permit from the Regional Office of the State Board of Equalization. Section 12. DISPLAY OF PERMITS The permit to sell fireworks and temporary sales -tax permit shall be display in a prominent place in the fireworks stand. Section 13 . PROVISIONS TO SUPPLEMENT STATE FIREWORKS \�:'� LAW. The provisions of this Article shall supplement and be construed in harmony with the "State Fireworks Law" (Part 2, Division ' ll of the Health and Safety Code of the State of California) and other applicable provisions of the laws of the State of California. Section 14. SEIZURE OF FIREWORKS The Fire Chief shall have the authority to seize, take, remove, or cause to be removed at the expense of the owner, all stocks of fireworks offered or exposed for sale, stored, or held in violation of this article. Section 15 . VIOLATION OF THIS ORDINANCE Persons violating this ordinance shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine not to exceed $500.00 or by imprison- ment in the county jail for a period not exceeding 30 days , or both such fine and imprisonment.- , -5- Section 16 . SUPERSESSION OF COUNTY ORDINANCE It is the intention of the City Council of the City of Dublin that this ordinance shall supersede the effectiveness of Ordinance No. 76-34 of the County of Alameda relating to fireworks , as adopted by the City Council by Ordinance No . 1 of the 'City of Dublin. PASSED AND ADOPTED by the City Council of the City of Dublin on this 29th day of March 1982 , by the following votes : AYES : Councilmembers Burton, Hegarty and Moffatt. NOES : } ABSENT: None l� Mayor ATTEST: Cit, Clerk r ORDINANCE NO. 12 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING' ORDINANCE NO. 10 REGULATING THE SALE AND USE OF FIREWORKS THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS : SECTION 1 AMENDMENT Section 10 (c) of Ordinance No. 10 is hereby amended by deleting therefrom the following language: "minors under the age of sixteen (16.) " and substituting in place thereof the following language: "to any person under the age of eighteen (18) " PASSED AND ADOPTED by the City Council of the City- 6f Dubling on this 26th day of Aoril 1982 , by the following votes : AYES : Councilmembers Burton, Hegarty, Jeffery, Moffatt amd Mayor Snyder NOES : None ABSENT: None M-�IYOR ATTEST: /gITY CLERK 1. '