2009/05/12 City Council Ordinance 814
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA)
) ss
County of Sonoma )
Terri Griffin, under penalty of perjury, deposes and says:
That she is, and during all times herein mentioned was, the duly acting and qualified Deputy
City Clerk of the City of Rohnert Park, Sonoma County, California; and that on the 13th day
of Mav. 2009, she posted and had published as required by law full, true, and correct copies
of ORDINANCE NO. 814, "RETITLING ROHNERT PARK MUNICIP AL CODE
CHAPTER 15.28 AND AMENDING SECTIONS THEREIN TO MODIFY LOCAL
AMENDMENTS TO THE 2007 CALIFORNIA FIRE CODE, BASED ON THE 2006
EDITION OF THE INTERNATIONAL FIRE CODE, REGARDING REGULATION OF
THE SALE AND USE OF STATE-APPROVED FIREWORKS" in five (5) public places in
said City, to wit:
www.rpcitv.orl! for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Library
6250 Lynne Conde Way
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Signed
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Deputy City Clerk
Subscribed and sworn to before me
this 13th day of May, 2009.
M:\Ordinances\Ordinances 2009\Affidavits ofPosting\Affidavit of Posting 814.doc
ORDINANCE NO. 814
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
RETITLING ROHNERT PARK MUNICIPAL CODE CHAPTER 15.28 AND
AMENDING SECTIONS THEREIN TO MODIFY LOCAL AMENDMENTS TO THE
2007 CALIFORNIA FIRE CODE, BASED ON THE 2006 EDITION OF THE
INTERNATIONAL FIRE CODE, REGARDING REGULATION OF THE SALE AND
USE OF STATE-APPROVED FIREWORKS
WHEREAS, on August 12, 2008, the City Council directed staff to work with other
Sonoma County cities to develop a countywide fireworks ordinance;
WHEREAS, Public Safety staff began discussion with the three other cities (Petaluma,
Sebastopol, and Cloverdale) in the County that allow the sale of state-approved fireworks;
WHEREAS, on April 14, 2009, staff presented the City Council with changes that would
conform Rohnert Park's fireworks ordinance to one adopted by the City of Pet alum a, including a
reduction in the days of sale and use of state-approved fireworks;
WHEREAS, staff sought input on these possible changes from each of the organizations
that operates a booth in Rohnert Park;
WHEREAS, following its consideration of the oral and written staff reports, written
communications, and public comments on this matter, the City Council directed staff to prepare
and submit an ordinance reducing the number of days of sale and use of state-approved fireworks
to five, including the Fourth of July; and
WHEREAS, at the City Council's direction, staff has prepared a separate ordinance
increasing administrative fines and penalties for violations ofthe Rohnert Park Municipal Code
relating to dangerous fireworks.
NOW, THEREFORE, the City Council of the City of Rohnert Park ordains as follows:
SECTION 1. Chapter 15.28 of the Rohnert Park Municipal Code is hereby re-titled to read as
follows: "Fire Code."
SECTION 2. Section 15.28.3308.050 of the Rohnert Park Municipal Code is hereby amended
to read as follows:
"15.28.3308.050 Section 3308.050 added to 2007 California Fire Code--Authorized sale
of state-approved fireworks.
It is unlawful to sell state-approved fireworks within the city of Rohnert Park at any time
other than the following: Between eight a.m. on the thirtieth of June and ending at nine p.m. on
July fourth ofthe same year."
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SECTION 3. Section 15.28.3308.060 of the Rohnert Park Municipal Code is hereby amended
to read as follows:
"15.28.3308.060 Section 3308.060 added to 2007 California Fire Code--Authorized use
of state-approved fireworks. .
The use of state-approved fireworks may occur beginning on the thirtieth of June and
ending on the fourth of July of the same year between the hours of eight a.m. and ten-thirty p.m."
SECTION 4. Section 15.28.3308.100 of the Rohnert Park Municipal Code is hereby amended
to read as follows:
"15.28.3308.100
fireworks stand.
Section 3308.100 added to 2007 California Fire Code--Operation of
A. No person shall knowingly sell fireworks to any person under the age of eighteen.
Proof that the fireworks stand operator/organization demanded, was shown, and acted in reliance
upon bona fide evidence of age and identity in any sale of fireworks forbidden by this chapter
shall be a defense in any proceedings for suspension or revocation of its state-approved fireworks
permit or any criminal proceedings for violations of this chapter. For purposes of this section,
bona fide evidence of age and identity of purchaser is a document issued by a federal, state,
county or municipal government which contains a photograph of the purchaser including, but not
limited to, a valid California Driver's License or Identification Card issued to a member of the
armed forces.
B. The sale of state-approved fireworks shall begin no earlier than eight a.m. on June
thirtieth and shall not continue after nine p.m. on July fourth of the same year. No person under
the age of eighteen shall sell or participate in the sale of state-approved fireworks at such stand.
No person under the age of eighteen shall be permitted inside the stand during hours of
operation.
C. No person other than the permitted nonprofit organization(s) shall operate the
stand for which the permit is issued or share or otherwise participate in the profits of the
operation of such stand."
SECTION 5. Co mpliance with the California Environmental Quality Act
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 because it has no
potential for resulting in physical change to the environment, directly, or indirectly.
SECTION 5. Severability
If any provision, ofthis Ordinance or the application thereof to any person or
circumstances is for any reason held to be invalid or unconstitutional by a decision of any court
of competent jurisdiction or preempted by state legislation, such decision or legislation shall not
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affect the validity of the remaining portions of this Ordinance. The City Council hereby declares
that it would have passed this Ordinance and each and every section, subsection, sentence, clause
or phrase hereof not declared invalid or unconstitutional without regard to any such decision or
preemptive legislation.
SECTION 6. Ef fective Date and Publication
This ordinance shall be in full force and effect 30 days after the second reading. Pursuant
to California Government Code Section 36933, before the expiration of fifteen (15) days after its
passage, this ordinance, or a summary thereof, shall be published at least once in a newspaper of
general circulation, published and circulated in the City of Rohnert Park, along with the names of
the members of the City Council voting for and against its passage.
This ordinance was introduced on the 28th day of April, 2009, and DULY AND REGULARLY
ADOPTED this 12th day of May, 2009, by the following vote:
AYES:
Four (4) Council Members Belforte, Callinan, Stafford, and Mayor Breeze
NOES: One (1) Council Member Mackenzie
ABSENT: None (0)
ABSTAIN: None (0)
CITY OF ROHNERT PARK
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Mayor ~
APPROVED AS TO FORM:
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