The URL can be used to link to this page

Home My WebLink About8.1 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 J:\x. VPDh\LNRSWX114\0 I\ORD\1999XFIREWRKS.Y2K AUL:rja 5¥ 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