2009/05/12 City Council Ordinance 815
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 May, 2009, she posted and had published as required by law full, true, and correct copies
of ORDINANCE NO. 815, "ADDING CHAPTER 15.30 TO THE ROHNERT PARK
MUNICIPAL CODE REGARDING ADMINISTRATIVE CITATIONS FOR DANGEROUS
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
Deputy City Clerk
Subscribed and sworn to before me
this 13th day of May, 2009.
M:\Ordinances\Ordinances 2009\Affidavits of Posting\Affidavit of Posting 815 ,doc
ORDINANCE NO. 815
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ADDING CHAPTER 15.30 TO THE ROHNERT PARK MUNICIPAL CODE REGARDING
ADMINISTRATIVE CITATIONS FOR DANGEROUS FIREWORKS
WHEREAS, in 2007, the California Legislature enacted SB 839 amending the State Fireworks
Law to authorize local jurisdictions, as of January 1, 2008, to prohibit the possession of dangerous
fireworks in the amount of 25 pounds or less and to assess a fine for the unlawful possession of 25
pounds or less of dangerous fireworks;
WHEREAS, SB 839 mandates the amendment of any ordinance of a local jurisdiction in effect
on or after January 1,2008, that is related to dangerous fireworks to:
. Include provisions for cost reimbursement to the Office of the State Fire Marshal for the
collection, transportation, and disposal costs associated with the disposal of dangerous
fireworks;
· Provide that fines collected pursuant to the ordinance shall not be subject to the
disbursement required by section 12706 of the California Health & Safety Code; and
· Limit the scope of the administrative penalty process to those situations where a person is
found to be in possession of 25 pounds or less of dangerous fireworks;
WHEREAS, the City of Rohnert Park has a substantial interest in promoting compliance with
the federal, state, and local laws intended to safeguard the members of the community, especially
children;
WHEREAS, the State of California authorizes local governments to regulate the sale, use,
and/or discharge of fireworks;
WHEREAS, the City of Rohnert Park recognizes that all fireworks, including those designated
as "Safe and Sane," create potential hazards to the public's health, safety, and general welfare;
WHEREAS, the City of Rohnert Park recognizes the need to implement reasonable regulations
for the sale, use, discharge, and display of fireworks in order to protect the safety of spectators, property
owners, residents, and visitors of the City;
WHEREAS, it is the intent of the City Council, in enacting this ordinance, to encourage
responsible use of legal fireworks and to discourage the possession, use, sale or distribution or discharge
of illegal fireworks, but not to reduce the degree to which the acts regulated by federal or state law are
criminally proscribed or to alter the penalties provided therein;
. WHEREAS, it is the intent ofthe City Council to reasonably regulate the sale, use, display, and
discharge of Safe andSane Fireworks within the City to protect the public health, safety and general
welfare; and
WHEREAS, the City Council determines that the adoption of this ordinance regulating the
possession, sale, use, display, and discharge of fireworks is necessary in order to comply with the State
Fireworks Law.
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NOW, THEREFORE, the City Council of the City of Rohnert Park ordains as follows:
SECTION 1. Chapter 15.30, Administrative Citations For Fireworks, of the Rohnert Park Municipal
Code is hereby added as follows.
Section 15.30.010
Purpose and Scope
A. This chapter provides for the imposition, enforcement, collection, and administrative
review of all administrative fines, related to: (1) the possession, use, storage, sale and/or display of those
fireworks classified as "dangerous fireworks" in California Health and Safety Code Sections 12500, et
seq., with the exception of a pyrotechnic licensee when operating pursuant to that license; and (2) the
sale, use, and/or display of "safe and sane fireworks" as defined in California Health and Safety Code
Sections 12500 et seq. on or at dates, times and/or locations other than those permitted by the Chapter
15.28.
B. The issuance of citations imposing administrative fines may be performed at the
discretion of the officials of the city authorized hereunder; and the issuance of a citation to any person
constitutes but one remedy to redress violations of this code by any person. By adopting this chapter,
the city does not intend to limit its authority to employ any other remedy, civil or criminal, to redress
any violation of this code or state law by any person.
C. The imposition of fines related to "dangerous fireworks" under this chapter shall be
limited to persons who possess, sell, use and/or display, or the seizure of, 25 pounds or less (gross
weight) of such dangerous fireworks.
D. Fines collected pursuant to this chapter related to "dangerous fireworks" shall not be
subject to Health and Safety Code Section 12706. However, the city shall provide cost reimbursement
to the State Fire Marshal for the transportation and disposal of "dangerous fireworks" seized by the city
where applicable. These costs will be included in any administrative fines imposed under this chapter.
E. The definitions set forth in subsection 15.28.3302.010 of this code are incorporated into
this chapter.
Section 15.30.020
Enforcement
A. This chapter shall be enforced pursuant to the procedures set forth in chapter 1.25 of the
Rohnert Park Municipal Code. The amount of the administrative penalty for violations of this chapter
and those sections of chapter 15.28 pertaining to fireworks shall be governed by subsection 15.30.030.
B. The fire chief or his/her designee shall enforce the provisions of this chapter and those
sections of chapter 15.28 pertaining to fireworks.
Section 15.30.030
Penalties for Violations.
A. In addition to the penalties provided for in section 15.04.015 of the Rohnert Park
Municipal Code, each person who violates any provisions of this chapter and/or chapter 15.28 as they
relate to the possession, use, storage, sale, and/or display of "dangerous fireworks" shall be subject to the
imposition and payment of an administrative fine of $1 ,000 per occurrence, a late charge of $250 if the
fine is not paid within 30 days of the date of citation, and all costs incurred by the Office of the State
Fire Marshall for the transportation and disposal of any dangerous fireworks seized from the person.
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The costs incurred by the Office of the State Fire Marshall will be calculated based upon the regulations
promulgated by that office. If those regulations have not been adopted by the Office of the State Fire
Marshall at the time a person is cited for possession of dangerous fireworks under this code, the city will
reserve 25% of any fine collected under this provision to cover the cost of reimbursement to the Office
of the State Fire Marshall.
B. In addition to the penalties provided for in section 15.04.015 of the Rohnert Park
Municipal Code, each person who sells, uses, and/or displays "safe and sane fireworks" on or at dates,
times, and/or locations other than those permitted by chapter 15.28 shall be subject to the imposition of
payment of an administrative fine as provided below:
Number of Offenses Amount of Late Charge Total Amount of
in 1 Year Administrative Penalty Penalty Plus Late
Charge
First $250 $75 $325
Second $500 $150 $650
Third $750 $300 $1,050
Section 15.30.040
Additional violation
Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter or
chapter 15.28 relating to fireworks shall also constitute aviolation.
SECTION 2. Compliance 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 3. Severability
If any provision of this 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 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 4. Effective 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.
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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: Five (5) Council Members Belforte, Callinan, Mackenzie, Stafford, and
Mayor Breeze
NOES: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
CITY OF ROHNERT PARK
APPROVED AS TO FORM:
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