2020/06/02 City Council Ordinance 948ORDINANCE NO. 948
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK, CALIFORNIA, AMENDING CHAPTER 9.49 (FIREWORKS REGULATIONS)
OF THE ROHNERT PARK MUNICIPAL CODE TO AMEND PROVISIONS
RELATING TO PERMITTING AND SALE OF FIREWORKS AND PROHIBIT USE OF
FIREWORKS IN COMMERCIAL PARKING LOTS
THE CITY COUNCIL OF THE CITY OF ROHNERT PARK HEREBY ORDAINS
AS FOLLOWS:
SECTION 1. Authority. This Ordinance is adopted pursuant to the provisions set forth
in Government Code Section 36937(b) and pursuant to other applicable law.
SECTION 2. Findings.
A.Pursuant to the police powers delegated to it by Article XI, Section 7 of the California
Constitution, the City of Rohnert Park ("City") may make and enforce laws that promote
the public health, safety and general welfare of its residents.
B.By Ordinance No. 938, adopted November 26, 2019, the City of Rohnert Park enacted
Chapter 9 .49 of the Rohnert Park Municipal Code to regulate the sale and use of
fireworks within the City of Rohnert Park. The City of Rohnert Park allows the use and
sale of "safe and sane" fireworks during regulated hours, and imposes social host liability
for use of illegal fireworks, requires supervision of minors, and exposes violators to civil
penalties in addition to criminal penalties prescribed by state law.
C.On March 2, 2020, the Sonoma County Health Officer declared the existed of a Local
Health Emergency pursuant to Health and Safety Code section 101080 due to existence
of cases of the novel coronavirus commonly known as COVID-19 within the County of
Sonoma, which was subsequently ratified by the Board of Supervisors on March 4, 2020.
D.On March 4, 2020, the Governor declared a statewide state of emergency pursuant to
Government Code section 8625 due to the existence and spread of COVID-19.
E.On March 5, 2020, the City Manager, acting as Director of Emergency Services of the
City of Rohnert Park, proclaimed the existence of a local emergency due to the existence
and spread of COVID-19, which was subsequently ratified by the City Council of the
City of Rohnert Park on March 10, 2020 by Resolution No. 2020-24.
F.On March 19, 2020, by Executive Order N-33-20, the Governor of the State of California
declared a statewide shelter in place as a result of the threat of COVID-19, directing the
public to follow the directives of the State Public Health Officer and to stay home except
for essential needs.
G.On May 4, 2020, by Executive Order N-60-20, the Governor the State of California
directed the public to continue to follow the directives of the State Public Health Officer,
noting the continued threat of the global COVID-19 pandemic, but allowing reopening of
lower risk businesses to reopen pursuant to a framework developed by the State Public
Health Officer.
H. On March 17, 2020, as a result of the threat of COVID-19, the Health Officer of the
County of Sonoma ("Health Officer") issued Order No. C 19-03 requiring all residents to
shelter in place except for certain essential activities. Order No. C19-03 was
subsequently extended and modified by Order No. C19-05 and Order No. C19-09 on
May 1, 2020. Order No. C 19-09 has been amended by the Health Officer under May 1,
2020 Order of the Health Officer No. C19-09, the May 7, 2020 Amendment 1, and the
May 14, 2020 Amendment 2, and May 22, 2020 Amendment 3 (collectively, the "County
Health Requirements").
I. Other than certain expressly permitted vehicle gatherings, public gatherings of any size
are prohibited under the County Health Requirements, and non-essential businesses may
only have certain limited operations in order to combat the potential spread of COVID-
19.
J. Despite these controls, the City of Rohnert continues to experience gatherings, and
anticipates significant gatherings during the Fourth of July holiday period to use
fireworks. The use of fireworks, including the use of prohibited illegal fireworks, is
prevalent throughout the City of Rohnert Park during the Fourth of July holiday period,
and normally generates large gatherings in public spaces and commercial lots.
K. Large gatherings to set off fireworks are most prevalent in commercial parking lots and
large gatherings in such lots is likely to result in conditions where illegal fireworks will
be used, as large gatherings make it more difficult for law enforcement officers to enforce
prohibitions on illegal fireworks. Prohibiting the use of fireworks in commercial parking
lots is necessary to deter the use of illegal and dangerous fireworks.
L. Law enforcement responses to gatherings where fireworks are used cause a drain of law
enforcement resources and, in some cases, leave other areas of the City with inadequate
law enforcement protection. Additionally, requiring law enforcement officers to respond
to large gatherings increases the risk of exposure for such officers, and to the public
generally, to COVID-19. Prohibiting use of fireworks in commercial parking lots is likely
to minimize such gatherings and is therefore necessary to protect the public.
M. In light of the existence of the spread of COVID-19, and the likelihood that County
Health Requirements will be modified in response to the ongoing pandemic, it is also
necessary to expressly provide the Fire Marshall further authority to impose conditions
on permits for the sale of fireworks within the City of Rohnert Park, in order to protect
the health of workers, operators and the consuming public, to provide further oversight,
and to ensure compliance with any applicable requirements of the State Public Health
Officer and the Health Officer of the County of Sonoma.
N. Failure to adopt the revisions set forth in this ordinance on an urgency basis would likely
result in inadequate protections within the City to curtail large gatherings involving the
use of fireworks during the current pandemic and would likely result in inadequate
protections for persons involved in the sale and purchase of fireworks within the City.
O. The City considered the adoption of this urgency ordinance in accordance with
Government Code § 36937 at a duly noticed public meeting on June 2, 2020, at which
time it received and considered testimony from members of the public.
Ordinance No. 948
2
P. Government Code section 36937(b) authorizes the adoption of an urgency ordinance to
protect the public health, safety and welfare.
Q. The City Council hereby determines that the Rohnert Park Municipal Code is in need of
revision to protect the public against potential negative health, safety, and welfare
impacts related to the use of fireworks in light of the declared emergency conditions.
Further, it is imperative that these revisions take effect before the Fourth of July holiday
period where use of fireworks is widespread.
SECTION 3. Urgency Declared. In accordance with the authority granted the City
under Government Code section 36937(b), and pursuant to the findings stated herein, the City
Council hereby finds (1) that there exists a current and immediate threat to the public health,
safety, and welfare requiring this change in the City's regulations governing the use and sale of
fireworks, (2) that this ordinance is necessary for the immediate preservation of the public peace,
health, and safety as set forth herein, and (3) that, therefore, this ordinance shall take effect
immediately.
SECTION 4. Amendment to RPMC Section 9.49.070. Section 9.49.070 (Authorized
use of state-approved fireworks) of Chapter 9.48 of the Rohnert Park Municipal Code is hereby
amended to read in its entirety as follows:
Section 9.49.070 - Authorized use of state-approved fireworks.
A. The use of state-approved fireworks may only occur during the period 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.
B. The use of state-approved fireworks is prohibited in any parking lot on any
commercial property.
SECTION 5. Amendment to RPMC Section 9.49.100. Section 9.49.070 (Denial of
application) of Chapter 9.49 of the Rohnert Park Municipal Code is re-titled as "Permit
Issuance" and hereby amended to read in its entirety as follows:
Section 9.49.100—Permit Issuance.
A. The fire code official shall issue the permit to sell state-approved fireworks unless
he or she finds that:
1. The applicant has failed to provide sufficient plans, information or other data
necessary to render a determination respecting compliance with the
requirements of this Chapter; or
2. The applicant is not in compliance with any of the requirements of this
Chapter; or
3. The applicant has failed to pay any and all fees and costs required to operate a
fireworks stand in the City of Rohnert Park.
4. Applicant failed to clean their area of responsibility as required per Section
9.49.080 (D) under the terms of a prior issued permit.
B. Any denial of a permit pursuant to this section may be appealed pursuant to the
procedures set forth in section 9.49.170 (b) of this Chapter.
Ordinance No. 948
3
C. As a condition of permit issuance, the fire code official may impose such permit
conditions regulating the manner in which fireworks stands are operated as may
be deemed necessary to adequately protect public health and safety, and protect
the health and safety of workers operating such fireworks stands, including the
imposition of conditions to ensure compliance with any applicable orders of the
Health Officer of the County of Sonoma and the State Public Health Officer, or
with the State Fireworks Law or state regulations pertaining to fireworks.
SECTION 6. Amendment to RPMC Section 9.49.120. Section 9.49.070 (Temporary
fireworks stand regulations) of Chapter 9.49 of the Rohnert Park Municipal Code is hereby
amended to read in its entirety as follows:
Section 9.49.120 - Temporary fireworks stand regulations.
A. All retail sales of state-approved fireworks shall be permitted only from within a
temporary fireworks stand, and retail sales from any other building or structure is
hereby prohibited.
B. Temporary stands shall be subject to the following provisions:
1. No fireworks stand shall be located within twenty-five feet of any other
building or within one hundred feet of any gasoline pump, distribution point
of flammable liquid, or flammable/combustible liquid storage. Location of
stands is contingent upon approval of the location in writing by the fire code
official or his/her designee. Fireworks stands need not comply with the
provisions of the Building Code of the City of Rohnert Park. However, all
stands shall be erected under the supervision of the fire code official who shall
require that the firework stands be constructed in a manner which will
reasonably ensure the safety of attendants and patrons. No stand shall have a
floor area in excess of three hundred fifty square feet.
2. Each stand shall have at least two exits. Each stand in excess of forty feet in
length shall have at least three exits spaced approximately equidistant apart.
However, in no case shall the distance between the exits exceed twenty-four
feet. Exit doors shall be not less than twenty-four inches wide and six feet in
height and shall swing in the direction of exit travel.
3. Each stand shall be provided with one 2AlOBC fire extinguisher, in good
working order and easily accessible for use in case of fire.
4. All weeds and combustible materials shall be cleared from the location of the
fireworks stand to a distance of at least twenty-five feet surrounding the
fireworks stand.
5. All trash resulting from the operation of the fireworks stand must be removed
on a daily basis.
6. "NO SMOKING" signs shall be prominently displayed on and in the state
approved fireworks stand. Additional signs shall be posted in a conspicuous
location, on the stand, that identifies the required minimum age of persons
purchasing fireworks; locations where fireworks are illegal; and restricting the
discharge of fireworks near stands. _
Ordinance No. 948
4
7. Each fireworks stand must have an adult in attendance and in charge thereof
while fireworks are stored therein.
8. Sleeping or remaining in the stand after close of business each day is
forbidden.
9. All unsold stock shall be removed from the stand and located in an approved
storage area immediately after close of business on each day of operation.
10. On closing of the state-approved fireworks stand, all litter shall be removed
from the premises. In addition, all unsold stock of fireworks in the hands of
the permittee after nine p.m. on the 4th day of July shall be returned to the
wholesaler/distributor within twenty-four hours and removed from the City of
Rohnert Park within ten days.
11. Each fireworks stand must have available in an accessible place inside the
stand its permit to sell state-approved fireworks, its State Fire Marshal Retail
Sales Permit and proof of its required insurance.
12. Fireworks stands shall at all times be operated in compliance with all permit
conditions imposed by the fire code official.
SECTION 7. Environmental Review. 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, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly; and in the
alternative, if the ordinance is a project subject to CEQA, the adoption of this ordinance is
exempt pursuant to section 15269 as a specific action necessary to prevent or mitigate an
emergency and pursuant to section 15324 where this ordinance authorizes the imposition of
permit conditions to regulate the working conditions of persons involved in the sale of fireworks.
SECTION 8. Severability. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision will 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 not declared invalid or unconstitutional
without regard to whether any portion of the ordinance would be subsequently declared invalid
or unconstitutional.
SECTION 9. Effective Date. This ordinance is an urgency ordinance enacted under
California Government Code sections 36934 and 36937(b). This urgency ordinance is effective
upon adoption by a four-fifths (4/5) vote of the City Council.
SECTION 10. Publication. The City Clerk is directed to cause this ordinance to be
published in the manner required by law.
Ordinance No. 948
5
PASSED, APPROVED, AND ADOPTED this 2"d Day of June, 2020, by the following
vote:
AYES: (4) Councilmember Adams, Belforte, Stafford, and Vice Mayor Mackenzie
NOES: (1) Mayor Callinan
ABSENT: (0) Zero
ABSTAIN: (0) Zero
J h T. Callinan, Mayor
ATTEST:
Sylvia z Cuevas, Assistant City Clerk
APPROVED AS TO FORM:
S � a+aN&
Michele Marchetta Kenyon, City Attorney
STATE OF CALIFORNIA ) CITY CLERK'S CERTIFICATION OF
COUNTY OF SONOMA ) ss. THE ADPOTION OF ORDINANCE
CITY OF ROHNERT PARK )
I, Sylvia Lopez Cuevas, Assistant City Clerk of the City of Rohnert Park, do hereby
certify that the foregoing Ordinance No. 948 was introduced and adopted, as an urgency measure
pursuant to California Government Code section 36937 (b), at a regular meeting of the City
Council on the 2nd Day of June, 2020 by the following roll-call vote:
AYES: (4) Councilmember Adams, Belforte, Stafford, and Vice Mayor Mackenzie
NOES: (1) Mayor Callinan
ABSENT: (0) Zero
ABSTAIN: (0) Zero
Sylvia Lopez Cuevas, --
Assistant City Clerk
Ordinance No. 948
6
PASSED, APPROVED, AND ADOPTED this 2"d Day of June, 2020, by the following
vote:
AYES: (4)Councilmember Adams, Belforte, Stafford, and Vice Mayor Mackenzie
NOES: (1) Mayor Callinan
ABSENT: (0)Zero
ABSTAIN: (0)Zero
Joseph T. Callinan, Mayor
ATTEST:
Sylvia Lopez Cuevas, Assistant City Clerk
APPROVED AS TO FORM:
A
Michele Marchetta Keny6n, City Attorney
STATE OF CALIFORNIA ) CITY CLERK'S CERTIFICATION OF
COUNTY OF SONOMA ) ss. THE ADPOTION OF ORDINANCE
CITY OF R01 NERT PARK )
I, Sylvia Lopez Cuevas, Assistant City Clerk of the City of Rohnert Park, do hereby
certify that the foregoing Ordinance No. 948 was introduced and adopted, as an urgency measure
pursuant to California Government Code section 36937 (b), at a regular meeting of the City
Council on the 2"d Day of June, 2020 by the following roll-call vote:
AYES: (4)Councilmember Adams, Belforte, Stafford, and Vice Mayor Mackenzie
NOES: (1) Mayor Callinan
ABSENT: (0)Zero
ABSTAIN: (0)Zero
Sylvia Lopez Cuevas,
Assistant City Clerk
Ordinance No.948
6
• •
AFFIDAVIT OF POSTING
Pursuant to California Government Code§36933 and§40806
Pursuant to Rohnert Park Municipal Code 1.08.010
STATE OF CALIFORNIA )
ss
County of Sonoma
I, Sylvia Lopez Cuevas, Assistant City Clerk for the City of Rohnert Park, declare this is a
true and correct copy of Ordinance No. 948
Full Text of Ordinance No. 948 an Urgency Ordinance of the City Council of the City
of Rohnert Park, California, Amending Chapter 9.49 (Fireworks Regulations) of the
Rohnert Park Municipal Code to Amend Provisions Relating to Permitting and Sale of
Fireworks and Prohibit Use of Fireworks in Commercial Parking Lots was published
on 6/5/2020 as required by law, and posted in five (6i public places in said City, to:
www.rpcity.orq for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on 6/5/2020.
Full Text of Ordinance No. 948 was published in the Community Voice on 6/5/2020 as
required by law.
Sylvia Lopez Cuev s, Assistant City Clerk
Subscribed and sworn to before me this June 18, 2020
Marie Andrews, Administrative Assistant
CERTIFICATION OF PUBLICATION IN"The Community VOICE"@ublished every Friday)in theSUPERIOR COURTof theSTATE OFCALIFORNIAIn and For the County of SonomaCOI.'NTY OF SONOMACity of RohnertParkOrdinance No.2020-948STATE 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 citupn of the United States, over the age of eighteen years and a resident of saidcounty and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of generalcirculation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is andwas at all times herein mentioned, a newspaper of general ci¡culation as that term is defined by Section 6000 of the Government Code;its status as such newspaper of general circulation having been established by Court Decree No. 358 15 of the Superior Court of theState of California, in and for the County of Sonoma, Department No. I thereof; and as provided by said Section 6000, is published forthe dissemination of local and telegraphic news and inælligence of a general character, having a bona fide subscription list of payingsubscribers, and is not devoted to the interest, or published for the entertaiûnent or instruction of a particular class, profession, trade,calling, race or denomination, or for the entertaiûnent and instruction of such classes, professions, trades, callings, races ordenominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said Countyand State at regular intervals for more than one year preceding the first publication ofthis notice herein mentioned; that said notice wasset in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describingand expressing in general terms, the purpof and character of the notice intended to be given; that the " City of Rohnert Park OrdinanceNo. 2020-948" of which the annexed is a printed copy, was published in said newspaper at least -l consecutive time(s), commencingon the 5 day June, 2020 and ending on the 5 day June, 2020.I IIEREBY CERTIFY AND DECLARE UNDER THE PENALTY OFperjury that the foregoing is true and correct.ÐGCUTED this 5 day June, 202O, at Rohnert Park, California.Claudia SmithClerk
Ai¡ URGENCY ORDINANCE OF THE CTY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORI{IA -mjlËnol¡e cHtpren g.æ FtRewoRKs REGULATToNS) oF THE RoHNERT PARKÌluNlclPAL coDE ToAMEND PRovlsiot¡s neullo ro PERMITTING AND sALE oF FlREwoRKs ANDPROHIBIT USE OF FIREWORKS IN COMMERCIAL PARKING LOTSIHE CITY COUNCIL OF THE GITY OF ROHNERT PARK HEREBY ORDAINS AS FOLLOWS:SECTION l. Authority. This Ordinance is adopted pursuant to the provisions setforth in Govemment Code Sec{¡on 36937(b))ursuant to other applicable lawc.D,E,F.G.H.toJ,K.L.M.N.o.P.a.safety and welfare.iñãö¡ty Counðif ñ.reby determines thet the Rohnert Park Mun¡cipal Code is in need of revision to protect the publicaqainsfpotential negatirre health, safety, and welfare impac{s reldted to the use of fireworks in light oJ the declaredãñéræ,i"iion¿¡t¡oñs. Further, ít is iní¡ientive that theðe revisions take effêct before the Fourth of July holidayperiod where use of fireworks is widespread.SECTION 4. Amendment to RPMC Sec{ion 9.49.070. Section 9.49.070 (Authorized use of stateapproved fireworks) _oJg.¿A of tne Cohnert pa¡k Municipal Code is hereby amended to read in its entirety as follows:SECTION 5. Amendment to RPftlC Section 9.49.100. Sect¡on 9.49.070 (Denial of application) of Chapter g.¡tg of the Rohnertitunicipal Code is rÈtitted as "Permit lssuance" and hereby amènded to read ¡n its entirety as follows:SECTION6.AmendmenttoRPMCSectiong.4g.l20. Sec'tion9.49.070(Temporaryfireworksstandregulations)of Chapter9.¡19the Rohnert Park Municipal Code is hereby amended to read in its ent¡rety as follows:.Section 9.49.120 - Temporary fi¡eworks stand regulations.in case of fire.Àll weeds and combust¡ble materials shall be cleared f¡om the location of the f¡reworks stand to a distance of atSection 9.49.070 - Authorized use of stat&approved f¡reworks.A. The use of state-approved fireworks may only occur during the period beginn¡ng on the second of July and ending onthe fourlh of July betvreen the hours of eight a.m. and ten'thìrty p.m.B. The use of state-approved fireworks is prohilited in any parking lot on any commercial pfoperty.of businass on each day of operation.On ilosing of the stat+ápprÑed firewo*s stand, all litter shall be removedfrom the premis6. ln addition, all unsoldstock of fiieworks in the'hands of the permittee after nine p.m. on the 4th day of July shall be retumed to $ewholesaler/distributor within twenty-fóur hours and removed from the City of Rohnert Park with¡n ten dâys'Each fireworks stand must have available in an access¡ble place inside the stand its permit to sell statFapprovedfireworks, its State Fire Marshal Retail Sales Permit and proof of its required insurance'Fireworks stands shall at all times be operated ¡n compliance with all permit cond¡tions ¡mposed by thefi¡e code offic¡al.A.B.4.5.6.7.8.9.10.11.12.
6.7.8.9.10.11.12.of business on each day of operat¡on.On closing ofthe statFapproved fireworks stand, allstock of fireworks in the hands of the pem¡ttèe afterlitter shall be removed fromnine p.m, on theof4th dayCity ofand removed fromtheRohnert Park withinaccessible place inside the stand its perm¡t to sellthe premises. ln addition, allJuly shall be retumed to thewholesaleÌ/diskibutor w¡th¡n twenty-four hoursEach fireworks stand must have available in anten days,stateapprovedf¡reworks, its State Fire Marshal Retail Sales Permìt and proof of its required insurance.F¡reworks stands shall at all times be operated in compliance w¡th all perm¡t conditions imposed by thefire code official.SECTION 7, Environmental Review. The City Council finds that this ord¡nance is not subjectto the California EnvironmentaltoSECTION 9. Effective Date. This ordinance is an urgency ordinance enacted under Califomia Government Code sections36937(b). This urgency ord¡nance is effective upon adoption by a four-fifths (4/5) vote of the City Council.SECTION 10. Publication. The Cig Clerk is directed to cause this ordinance to be published ¡n the manner required by lawPASSED, APPROVED,AND ADOPTED this 2nd Day of June, 2020, by the following vote:CouncilmemberAdams, Belforte, Stafford, and Vice Mayor MackenzieMayor CallinanåeroZe¡oAYES:NOES:ABSENT:ABSTAIN:(4)(r)(0)(0)ATTEST:Sylvia Lopez Cuevas, Assistant City ClerkAPPROVED AS TO FORM:Michele Marchetta Kenyon, City AttomeyJoseph T. Callinan,llayorC¡ty of Rohnert Pa¡kCITY CLERK'S CERTIFICATION OFTHEADOPTION OF ORDINANCEcertifySTATE OF CALIFORNIACOUNTY OF SONOMACITY OF ROHNERT PARKAYES:NOES:ABSENT:ABSTAIN:Publ¡shed:June 5, 2020Community Voicess.that the foregoing Ordinancesection 36937 (b), at a regularNo.(4)(r)(0)(0)CodeCouncilmemberAdams, Belforte, Stafford, and Vice Mayor MackenzieMayor CallinanZe¡oZe¡oSylvia Lopez Cuevas,Assistant Ci$ ClerkC¡ty of Rohnert Park