2019/05/28 City Council Ordinance 933 ORDINANCE NO. 933
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING SECTIONS 15.28.020 AND 15.30.030 OF THE ROHNERT PARK
MUNICIPAL CODE TO IMPOSE SOCIAL HOST LIABILITY REGARDING THE USE
OF FIREWORKS AND CHANGING THE DAYS ON WHICH FIREWORKS
MAY BE USED
WHEREAS, Section 15.28.020 of the Rohnert Park Municipal Code, adopts the
California Building Standards Code, known as the California Code of Regulations, Title 24, Part
9, incorporating the International Fire Code, 2015 Edition, and contains the City's existing
regulations regarding the use of fireworks; and,
WHEREAS, local climatic and topographical conditions increase the fire risk posed by
fireworks, and regulations that strictly govern the use of fireworks are necessary to protect the
public health and safety; and
WHEREAS, the City of Rohnert Park desires to increase enforcement of the prohibition
on the use of dangerous fireworks in the City, and to further regulate the use of state approved
safe and sane fireworks by only allowing such fireworks to be used between July 2 and July 4 of
every year; and
WHEREAS,the use of fireworks within the City of Rohnert Park presents unique
enforcement challenges, and the public health, safety and welfare would be safeguarded by the
imposition of social host liability on property owners for the unlawful use of fireworks on their
property and to impose strict liability on adults having the care, custody, or control of a minor for
the use of fireworks by such minor.
NOW THEREFORE,the City Council of the City of Rohnert Park does ordain as
follows:
Section 1. Recitals. The above recitals are adopted as findings of the City Council in
enacting this ordinance.
Section 2. Amended. Section 15.28.020 of the Rohnert Park Municipal Code is
amended to add a new section 5614.14 to the adopted California Code of Regulations, Title 24,
Part 9, "California Fire Code," and to amend sections 5602.1, 5614.4, 5614.11 therein, to read as
follows:
15.28.020 - Adopted-2016 California Building Standards Code, Title 24, Part 9,
"California Fire Code".
The 2016 Edition of the California Building Standards Code, known as the California Code of
Regulations, Title 24, Part 9, incorporating the International Fire Code, 2015 Edition, published
by the International Code Council, one copy of which has been filed for use and examination by
the public in the office of the building official, is adopted by reference, subject to the following
additions and amendments to certain sections thereof which shall read and provide as set forth in
this chapter.
Section 5602.1 - Added - Definitions.
The following words and phrases, as used in this Chapter with regard to the sale of
fireworks, are defined as follows:
Affiliated Organizations:
1. Organizations incorporated under the same charter or organization and their
auxiliaries if the auxiliary is incorporated under the same charter;
2. Organizations sharing the same officers and/or place of meetings and/or national
parent organization;
3. Subdivisions and/or fractional divisions, however named or delineated, of
organizations;
4. Sub-organizations, one of whose primary purposes is to provide financial and/or
staffing support to a parent non-profit organization.
Dangerous fireworks: Dangerous fireworks as defined in Health and Safety Code Sections
12505 and 12561 and the relevant sections of Title 19, Code of Regulations, Subchapter 6
which are hereby incorporated by reference.
Non-profit organization: Any non-profit association, charity or corporation or a group which
is an integral part of a recognized national organization having such tax-exempt status or an
organization affiliated with and officially recognized by an elementary, junior high and/or
high school and/or school district that serves, in whole or in part, the residents of the City of
Rohnert Park or public and/or private community college, college and/or university which is
located within the boundaries of the City of Rohnert Park.
Person: Any individual, firm, partnership, joint venture, association, concern, corporation,
state, trust, business trust, receiver, syndicate or any other group or combination acting as a
unit.
Principal and permanent meeting place: Includes, but not be limited to, a permanent
structure, playing field, or geographic area that services a population which resides in or is
located within the City of Rohnert Park.
Public display of fireworks: An entertainment feature where the public is admitted or
permitted to view the display or discharge of fireworks.
Pyrotechnical displays: Public firework displays or displays used in conjunction with
special effects, for motion pictures, theatrical and group entertainment productions operated
by a professional California State licensed pyrotechnician. All such displays must secure a
fire department permit and meet all applicable requirements of California Health and Safety
Code. "State-approved fireworks" shall mean state-approved fireworks defined in Health
and Safety Code Sections 12529 and 12562 and the relevant sections of Title 19, Code of
Regulations, Subchapter 6, which are hereby incorporated by reference. State-approved
fireworks are commonly referred to as safe and sane fireworks. Throughout the remainder of
this document the term state-approved fireworks will be used to denote safe and sane
fireworks.
2
Ordinance No. 933
Social host:
1. Any owner of private property as listed on the most recent assessment roll;
2. Any person who has the right to use, possess or occupy a public or private property
under a lease, permit, license, rental agreement, or contract; or
3. Any person who hosts, organizes, supervises, officiates, conducts, or accepts
responsibility for a gathering on public or private property.
Strictly liable: liable for a wrongful act irrespective of such person's intent, knowledge,
negligence or lack thereof in committing the wrongful act.
Section 5614.4 -Added - Authorized use of state-approved fireworks.
The use of state-approved fireworks may occur beginning on the second of July and ending
on the fourth of July between the hours of eight a.m. and ten-thirty p.m.
Section 5614.11 -Added - Supervision of minors; strict liability.
A. It shall be unlawful for any person having the care, custody or control of a minor (under
eighteen years old) to permit such minor to discharge, explode, fire or set off any dangerous,
illegal fireworks, at any time, or to permit such minor to discharge or set off any state-
approved fireworks unless such minor does so under the direct supervision of a person over
eighteen years of age and during the time period permitted by this Chapter.
B. Any person having the care, custody, or control of a minor shall be strictly liable for any
unlawful ignition, use, or discharge of any dangerous fireworks in violation of Section
5614.2 or of state-approved fireworks in violation of section 5614.4 by such minor.
Section 5614.14 - Added—Social host liability.
Any social host shall be strictly liable for any unlawful ignition, use, discharge or display of
any dangerous fireworks or state-approved fireworks in violation of Sections 5614.2 or
5614.4 at their property or gathering; except that:
1. No owner of private property shall be liable under this section for a violation of
section 5614.2 or 5614.4 on that property if the owner can demonstrate that at the time
of such violation they (i) had rented or leased the property to another, (ii) was not
present, and (iii) had no prior knowledge of the violation.
2. No person who has the right to use, possess or occupy a unit in a multifamily
residential property under a lease, rental agreement or contract shall be liable under this
section for violations of section 5614.2 or 5614.4 occurring in the common areas of the
property.
3
Ordinance No. 933
3. Nothing in this section shall limit the liability of any social host for a violation of
section 5614.2 or 5614.4 by the social host.
Section 3. Amended. Section 15.30.030 of the Rohnert Park Municipal Code is
amended to read in its entirety as follows:
15.30.030 - Penalties for violations.
A. In addition to the penalties provided for in Chapter 15.04 of this title, each person who
violates any provisions of this chapter and/or Chapter 15.28 of this title 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 one thousand dollars per occurrence, a late
charge of two hundred fifty dollars if the fine is not paid within thirty days of the date of citation,
and all costs incurred by the office of the state fire marshal for the transportation and disposal of
any dangerous fireworks seized from the person. The costs incurred by the office of the state fire
marshal 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 marshal at the time a person is
cited for possession of dangerous fireworks under this code,the city will reserve twenty-five
percent of any fine collected under this provision to cover the cost of reimbursement to the office
of the state fire marshal.
B. In addition to the penalties provided for in Section 15.04 of this title, each person who
violates any provisions of this chapter and/or Chapter 15.28 of this title as they relate to the
possession, use, storage, sale, and/or display of"safe and sane fireworks" on or at dates,times,
and/or locations other than those permitted by Chapter 15.28 of this title shall be subject to the
imposition of payment of an administrative fine, and a late charge if not paid within thirty days
of the date of citation, as provided below:
Total Amount
Number of Offenses Amount of of Penalty
in One Year Administrative Late Charge plus
Penalty s
Late Charge
I I
First $250.00 $ 75.00 $ 325.00
E_
Second 500.00 150.00 650.00
E
Third 750.00 300.00 1,050.00
Section 4. Environmental Review. The City Council finds that adoption of this
ordinance is not a project within the meaning of section 15378 of the Guidelines for
Implementation of the California Environmental Quality Act("CEQA Guidelines")because it
has no potential for resulting in physical change in the environment, either directly or ultimately.
The City Council also finds the approval of this ordinance is exempt under Section 15061(b)(3)
4
Ordinance No.933
of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the
adoption of this ordinance may have a significant effect on the environment.
Section 5. Severability. The City Council hereby declares that every section,
paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph,
sentence, clause or phrase of this ordinance is for any reason found to be invalid or
unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or
constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.
Section 6. Effective Date. This ordinance shall be in full force and effective 30 days
after its adoption.
Section 7. Publication. The City Clerk is directed to cause this ordinance to be
published in the manner required by law.
This ordinance was introduced on May 14, 2019 and adopted by the Council of the City
of Rohnert Park on May 28, 2019, by the following roll call vote:
AYES: F0U1/(L-) 00Q4A(4^0eF��2('6 Potc,4vys, OaUincii , IJ64c�--ev)2�E- 5 '('.
NOES: a�
ABSENT: ON- 0) MUNUr �e tf'''F'
ABSTAIN: J
CITY OF RO r PARK
Gina lforte, Mayor
A�SS
Joyne M. Buergler, City Clerk
P OV
Michelle Marchetta kenyW,`Ci15rAttorney
5
Ordinance No. 933
AFFIDAVIT OF POSTING
Pursuant to California Government Code $ 36933 and S 40806
Pursuant to Rohneñ Patu Municipal Code 1.08.010
STATE OF CALIFORNIA
County of Sonoma
l, JoAnne M. Buergler, City Clerk for the City of Rohnert Park, declare this is a true and
correct copy of Ordinance /Vo. 933
Summary of Ordinance rvo. 933 Amending Seçlion 15.28.020, to implement changes
to the California Fire Code, California Code of Regulations, Title 24, Part 9 was
published on 511712019 and 513112019, as required by law, and posted in five (5) public
places in said City, to:
www.rpcitv.oro for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park - Cotati Regional Library
6250 Lynne Conde Way
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on 511712019 and 513112019.
Summary of Ordinance No. 933 was published in the Community Voice on 511712019 and
513112019 as required by law
Subscribed and sworn to before me this July 1't, 2019
SS
)
)
)
ned
Sylvia Lopez Cuevas, Assistant City Clerk
CERTIFICATION OF PUBLICATION IN
"The community voICE"
(Published every FridaY)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OFSONOMA
City of Rohnert Park
Summary of Ordinance No. 933
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says:
That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general
circulæion, published in the City of Rohnêrt Park, in said County of Sonoma, State of Califomia; that The Community VOICE is and
was at all times herein mentionéd, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;
its status as such newspaper of general ciriulation having been established by Court Decree No. 35815 of the Superior Court of the
State of California, in ãnà fo. tlie County of Sonoma, Department No. I thereof; and as provided by said Section 6000, is published for
the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying
subscribers, and is not devoted to ihe interest, or published for the entertainment or instruction of a particular class, profession, ffade,
calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or
denorünations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County
and State at regular intervals for more than oné yèar preceding the first publication of this notice herein mentioned; that said notice was
set in type not smaller than non-pareil and was preceãed with words printed in black face type no smaller than non-pareil, describing
and e*piessing in general termsfthe purport and character of the notice intended to be given; that the " City of Rohnert Park Summary
of Ordìnance No. 933" of which the ãnnèxed is a printed copy, was published in said newspaper at least -1 consecutive time(s),
commencing on the 17 day of May, 2019 and ending on the 17 day of May' 2019.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 17 day of May, 2019 at Rohnert Park, California.
Signed
lLc REGUT¡TlOl{8,
Smith Chief Clerk
imposed if administrative fines are not
date,
15,2019 JoAnne M. Buergler
17,20,l0
Volos
Clty
City
Clerk
of Rohnerl Park
B, to
c)Fl =T]^. FìA ='4 (â ^#*"oã= - .vco -örl ;- ¿:.1 =^'4Y9(J-
-Ë
F
E
¡
=
^
-
^1=ö fr ?á><iÌro ã=.äã ^
(-
(
l
¡
a
-
\
J
-
¡ ¡ v)
i9
>=ñ= < = rl SË='o'ë.ã=
7-
r
l
^
u ãoô \J ;,¿Cú z=ñ e o-À-ìá'z 4 gxä dÞ H -!l = rrrÞ - =l 'É z z
(n Ë 5 ::
ô
sO I'
o
s
Z=
,
O^
:^L¡
)
(¡
)
3
q3
E
3
*3
e=
"
ä:
g
3)
3
ãS
:
:
r
:
F
i
ã
i
g
[
É
c
Ë
=
Ë
äg
Ë
å
ås
Ë
ä
$Ë
tå
i
ã
F
iÊ
i
ti
ä
g
f
i;
3
s4
+
i
Þ
+q
i
î
2
=
Ë
E
E
1ë
-
ã
.
=
å
å
=
?t
i
=
'
1
?
:
È
1
ã
:
i
1
s
;
i
Ër
å
å
l
A
i
i
g
å
i
å
E
å
ä
å
åå
ä
å
*
å
å
å
í
g
å
å
å
å
í
ä
*:
å
i
c
ä
ã
í
Ï
ä
ä
i
å
i
i
å
Ër
a
l
Ë
å
ã
1
å
í
å
1
í
q
i
1
ãå
{
*
+
å
;
l
ç
F
*
i
ä
;
g
É
iã
7-
î
7
ãÉ
+
?g
r
å
Ë
l
åã
¡
åå
ã
å
ã
s
x
å
ei
e
r
1e
i
ã
ê
f
ã
r
*
i
å
i
F
g
ä
'â
=
l
l
ä
*
E
i
å
ã
í
i
îÉ
?ã
¡
rr
y
E
:
äF
ä
s¿
E
se
li
ä
i
ä
=
i1
r
=
i
ä
ÉÊ
äi
É
*ã
ç
å:
ã'
ã
ı
í
Ë.
ä
é
pd
É
=
É
pı
=
E-
=
:4
tn
¡¡
ÕF
-l
¡Êl
w
ln
<
\r
ô
â'
4
È
FI
]
<P oZ
-ô
lJ
r-
<
\O
,0
¡¡
lr
j
t2
5:
Z
o
ir
l
}F HJ +Ë =z
¡P
>
=r F¡o o ¿:
.
.ù a rq ûa CD Þ o o o o
U)
0q cù
ô o-
(/
)o o o o :1
-^
GA
U
F
O
R
N
|
A
At
E
N
D
l
l
{
G
SE
C
n
O
{
15
.
2
8
.
0
2
0
,
TO
lt
P
l
r
t
E
t
{
T
C}
I
A
N
G
E
S
TO
TH
E
CA
U
F
O
R
i
l
|
A
F|
R
E
CO
o
E
CA
I
¡
F
O
R
i
l
I
A
C
O
f
¡
E
OF
RE
G
U
I
¡
I
þ
I
{
S
,
lf
i
t
E
24
PA
R
T
g
Pu
r
s
u
a
n
t
to
Go
v
e
r
n
m
e
n
t
Co
d
e
Se
c
t
i
o
n
36
9
3
3
th
e
th
e
Th
i
s
Or
d
i
n
a
n
c
e
re
v
i
s
e
s
Ro
h
n
e
r
t
Pa
r
k
Mu
n
i
c
i
p
a
l
Co
d
e
se
c
t
i
o
n
15
.
2
8
.
0
2
0
,
im
p
l
e
m
e
n
t
ch
a
n
g
e
s
to
th
e
Ca
l
i
f
o
r
n
i
a
Fi
r
e
Go
d
e
,
Ca
l
i
f
o
r
n
i
a
Co
d
e
of
56
1
4
.
1
1
to
cl
a
r
i
f
y
th
a
t
a
li
a
b
l
e
fo
r
an
y
pe
r
s
o
n
ha
v
i
n
g
th
e
cu
s
t
o
d
y
,
ca
r
e
,
or
co
n
t
r
o
l
of
a
is
st
r
i
c
t
l
y
un
l
a
w
f
u
l
us
e
of
fi
r
e
w
o
r
k
s
by
th
a
t
mi
n
o
r
.
th
e
la
w
f
u
l
pe
r
i
o
d
fo
r
us
e
fo
r
2
to
Ju
l
y
4,
be
t
w
e
e
n
I
a.
m
.
na
n
c
e
al
s
o
mo
d
i
f
i
e
s
Ro
h
n
e
r
t
B,
to
cl
a
r
i
f
y
th
a
t
fi
n
e
s
Pa
r
k
Mu
n
i
c
i
p
a
l
Co
d
e
ma
y
be
im
p
o
s
e
d
by
th
e
Ci
t
y
ag
a
i
n
s
t
st
r
i
c
t
l
y
li
a
b
l
e
un
d
e
r
th
e
pr
o
v
i
s
i
o
n
s
de
s
c
r
i
b
e
d
im
p
o
s
e
d
if
ad
m
i
n
i
s
t
r
a
t
i
v
e
fi
n
e
s
ar
e
no
t
ab
o
v
e
,
an
d
pa
i
d
wi
t
h
i
n
30
da
y
s
da
t
e
.
AY
E
S
:
Cô
u
n
c
i
l
m
e
m
b
e
i
s
A
d
a
m
s
,
C
a
l
l
i
n
a
n
,
M
a
c
k
e
n
z
i
e
,
a
n
d
S
t
a
f
f
o
r
d
NO
E
S
:
No
n
e
AB
S
E
N
T
:
Ma
y
o
r
Be
l
f
o
r
t
e
AB
S
T
A
I
N
:
No
n
e
wi
l
l
be
Da
t
e
d
:
Ma
y
29
,
20
1
9
Pu
b
l
i
s
h
e
d
:
Ma
y
31
,
20
1
9
Jo
A
n
n
e
Bu
e
r
g
l
e
r
Ci
t
y
Gl
e
r
k
Ci
t
y
of
Ro
h
n
e
r
t
Pa
r
k
@
Co
m
m
u
n
i
t
y
Vo
i
c
e