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2021/04/27 City Council Ordinance 954 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, City Clerk for the City of Rohnert Park, declare this is a true and correct copy of Ordinance No. 954. Ordinance 954, an Ordinance of the City Council of the City of Rohnert Park Repealing and Replacing Chapter 9.49 of the Rohnert Park Municipal Code to Prohibit the Sale and Use of Fireworks was published on 4/16/2021 and 4/30/2021 as required by law, and posted in five (5) 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 Rohnert Park Senior Center 6800 Hunter Dr A A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram Avenue, Rohnert Park, California 94928 on 4/16/2021 and 4/30/2021. A Summary of Ordinance No. 954 was published in the Community Voice on 4/16/2021 and 4/30/2021 as required by law. Sylvia Lopez Cuevas erk Subscribed and sworn to before me this May 12. 2021 Elizabeth Machado, Deputy 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 OF SONOMA City of Rohnert Park Summary of Ordinance 954 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 circulation,published in the City of Rohnert Park,in said County of Sonoma,State of California;that The Community VOICE is and was at all times herein mentioned,a newspaper of general circulation 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.35815 of the Superior Court of the State of California,in and for the County of Sonoma,Department No. 1 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 the interest,or published for the entertainment or instruction of a particular class,profession,trade, calling,race or denomination,or for the entertainment and instruction of such classes,professions,trades,callings,races or denominations;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 one year preceding the first publication of this notice herein mentioned;that said notice was set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil,describing and expressing in general terms,the purport and character of the notice intended to be given;that the"City of Rohnert Park"Summary of Ordinance No.954"of which the annexed is a printed copy,was published in said newspaper at least 1 consecutive time(s), commencing on the 16 day of April,2021 and ending on the 16 day of April,2021. I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct. EXECUTED this 16 Day of April,2021 at Rohnert Park,California Signed Claudia Smith Chief Clerk z'71O-mma c vmvci oS4-2 E v d 8 N y U C+C E m yUL Q CA n=N .ti 71' LL_O W Y o•'OOcA]oNCo t'dN =ym aa n¢ aN Yyv n`Ca,`oTo. pCt O 09-EligO I` dCAO QT = .Ta Wce=H o .3xcov ,,iooE , L1 ,3v m . ZaLLm Qmom2cnaomoa* moE mYp.Evdc Q O= Z O UUE U Cc.Cmna,N oZrnd�oceoo oU 1OA ? nocdn27,2F2°pcEyEamu°,,iE >` � c°'im�`Q z d'pw.-wW °mace71.. � a3i'ccY am" odi�Qroo � mn oc = mvUc LL O_ a+ - N m v` >.y 2 0 3 E E E 3 m d ,n y °.o t c t d o LL o n N m o,.. m m N w v (ON/).5O, v�Q =, c�' Nui�q 0 yEN C O�d v2 UtR 0 z R d ,oCLncmo TI1115 WU= cvdm "8 m wocvacmm nNmooO //Ciz a .N3VOm0 0 .- y200 V -- T . ' p- Yw a ,uvv+ .. m ,„ pYc � Qda. Q.. ,o_Av Z O a'J p m o m 3 Z a w ami` ' N g+L O C> m"C C y . °' a> >= 21« 4 m O Q o V) U V p d 2 C O n N m c% g N-, m ''la U > V O Z = O O m r2.'. C d p,pip V L r y p I d y;p N >Q a- U, Y a q O 5 J W F C C m m 0 O m ;N U.+O N m.L-. .V H m 2 C-`� A n m }.C�_ N ,423 Q O uj= >M M G C N 0�N:C,z,C CO)~ym a O W O In f.�dL >.>N=�� ,NO N O_O O �N O� 0 0 �m�L._ E V— m C m nQ L p.> =W (7 CO3u.` c a•- a;c m... mmdn yrn- AA Ootu , Et v Q Hd' ga u p m w .9i'0 3 a' n ,n m° a'. > 3 n.o -27 g mag '^ `? c N C C a E m rn J aL V N m` m ^ C w fi .. d: o,O tC A a�L C Q G E j O m m L 2 2 O m e 11 ,Oj O n d O C, >.C O O 2 V= m,j O m N CJ O V'o t N C= > d 2 00 > aOto E rY oaui . dnmoE-omc-w nu . a ad ,nN a; aw `o m 2.=t; a nnfn=`o.',P'51-0 2 2 o aE,m m m 3 Ut."`an o c.i-E 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 OF SONOMA City of Rohnert Park Summary of Ordinance 954 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 circulation,published in the City of Rohnert Park,in said County of Sonoma,State of California;that The Community VOICE is and was at all times herein mentioned,a newspaper of general circulation 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.35815 of the Superior Court of the State of California,in and for the County of Sonoma,Department No. 1 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 the interest,or published for the entertainment or instruction of a particular class,profession,trade, calling,race or denomination,or for the entertainment and instruction of such classes,professions,trades,callings,races or denominations;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 one year preceding the first publication of this notice herein mentioned;that said notice was set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil,describing and expressing in general terms,the purport and character of the notice intended to be given;that the"City of Rohnert Park"Summary of Ordinance No.954"of which the annexed is a printed copy,was published in said newspaper at least 1 consecutive time(s), commencing on the 30 day of April,2021 and ending on the 30 day of April,2021. I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct. EXECUTED this 30 Day of April,2021 at Rohnert Park,California Signed Claudia Smith Chief Clerk 2 2 ` — O HW CI 32t a 32 E Nm o .SO2LaCOTAN ——_ai u ZO d aa 8 8NO C+ O N Q _dV o_Z cs+ .. m nirnuu 3Oi W r -a r ~ N N C nO a, O ° 8 C OT C OZd d-0 a Q - E VF,o .Co O U re ` Q1-2 ` N a,0.•_�•LO a'a O jCp 2>U& Nm " Oc Nym nL7- a, UWQ Nc._ Loo.c . a3c0nA oma jNN ,U0 E ,:LLcd-.-.m NW2 U C ‘1) T Ho Z .f 3 o y a, ut'� c >i; K 2 n c c at A m o a.;� m "y 7 L d� j 3 U Y am_ " O. O`g N n N p._� L L O ,a 9 C E w2 0— O Q LL D S C n n p-2 0 n N ,Cp v C y Ey y C N C T 1 ,a ", U N ° . A O dH LL O.�'. N N E Y C N N�' "' JO ai n O_.L.. N p O at d O C A V- g Z H K W e co r Y t6 LL C —▪ L— O 3 y E 3 y.2 C 0 UI w LI L N O m Q.V Z N m UO.- >W Q. 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W a n'm E�Y La. _:` � � nm E E-oo .ca O-w nu �Q y.ay'� u,N QZQQ 7L O O N= R 0 3 N �,O y E y, 0 " y L 0 O3aU anO.NCO,:.0 1w taA a,N o a, 3 UL'o HN 0 aH ORDINANCE NO. 954 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REPEALING AND REPLACING CHAPTER 9.49 OF THE ROHNERT PARK MUNICIPAL CODE TO PROHIBIT THE SALE AND USE OF FIREWORKS WHEREAS,pursuant to the police powers set forth in 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; and WHEREAS, 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 allowed 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; and WHEREAS, 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, and 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. In response to the threat of COVID-19, the Health Officer of the County of Sonoma("Health Officer") issued numerous orders requiring all residents to shelter in place except for certain essential activities, as did the State Public Health Officer; and WHEREAS, in response to the threat of COVID-19 and the use of fireworks, the City Council of Rohnert Park adopted an urgency ordinance on June 2, 2020, Ordinance No. 948, to minimize large gatherings by prohibiting the use of fireworks in commercial parking lots and to impose further permit requirements related to the manner of the sale of safe and sane fireworks in the City of Rohnert Park; and WHEREAS,despite such controls,the City of Rohnert continues to experience significant gatherings every year during the Fourth of July holiday period, where fireworks are used; and WHEREAS, 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 every year, and law enforcement responses to gatherings where fireworks are used cause a significant drain of law enforcement resources and, in some cases, leave other areas of the City with inadequate law enforcement protection; and WHEREAS, large gatherings to set off fireworks result in conditions where illegal fireworks are likely to be used, as large gatherings make it more difficult for law enforcement officers to enforce prohibitions on illegal fireworks; and WHEREAS, illegal and dangerous fireworks create a significant risk of fire, and prohibiting the use of all fireworks in the City, including safe and sane fireworks, is necessary to deter the use of illegal and dangerous fireworks; and WHEREAS, the widespread use of any fireworks, including safe and sane fireworks, increases litter deposited into the environment, as well as increases the risk of fire; and Ordinance No. 954 Page 1 WHEREAS, the City is located in a climatic zone that places the City at significant risk of large fires, as evidenced by such examples as the 2017 Tubbs and Nuns Fires,the 2019 Kincade Fire, and 2020 Glass Fire, and the risk posed by wildfire is anticipated to magnify due to climate change, further making action by the City of Rohnert Park to prohibit the use of all fireworks necessary; 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. Repeal and Replacement of Chapter 9.49 - Chapter 9.49 of the Rohnert Park Municipal Code is hereby repealed, and replaced to read in its entirety as follows: Chapter 9.49 - FIREWORKS REGULATIONS 9.49.010 - Purpose and scope. A. The City of Rohnert Park has deemed the use of dangerous and safe and sane fireworks, as defined in Health and Safety Code sections 12500, et seq., to pose a risk to public health and safety, and prohibits the use of any kind of firework by members of the general public. The provisions of this chapter are intended to regulate the use of all fireworks to provide for the safety of the community and the prevention of fires. B. This chapter provides for the regulation of the manufacture, transportation, possession, use, and sale of fireworks within the City of Rohnert Park and the imposition, enforcement, collection, and administrative review of administrative fines, related to the possession, use, storage, sale and/or display of fireworks, including those classified as "dangerous fireworks" and "safe and sane fireworks" as defined in California Health and Safety Code Sections 12500 et seq.,with the exception of the use of fireworks with a pyrotechnic licensee when operating pursuant to and accordance with the terms of that license; C. The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the city authorized under this chapter; 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. D. 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, twenty-five pounds or less (gross weight) of such dangerous fireworks. E. 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 addition to any administrative fines imposed under this chapter. 9.49.020 - Definitions. As used in this chapter, the following words and phrases shall have the following meanings: Ordinance No. 954 Page 2 A. "Dangerous fireworks" shall mean 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. B. "Fireworks" shall mean either dangerous fireworks or safe and sane fireworks. C. "Pyrotechnic displays" means 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, provided such displays secure a permit from the fire code official and meet all applicable requirements of California Health and Safety Code. D. "Safe and sane fireworks" and "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. E. "Social host"means: 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 sponsors a gathering on public or private property, and if such person is a minor,then that person's parents or legal guardians. F. "Strictly liable" means liable for a wrongful act irrespective of such person's intent, knowledge, negligence or lack thereof in committing the wrongful act. 9.49.030—Manufacturing and transport of fireworks. The manufacturing and/or transportation of any fireworks is prohibited, except by a person who has been issued a permit by the office of the state fire marshal or is otherwise permitted to do so pursuant to provisions of state law, and such manufacturing or transportation is being performed in compliance with applicable requirements of the California Fire Code and Vehicle Code. Travel outside of state-approved routes shall be subject to the approval of a permit issued by the fire code official in accordance with Health and Safety Code section 12652. 9.49.040—Prohibition on possession, storage, sale or use of fireworks. The possession, storage, sale and use of any dangerous or safe and sane fireworks, shall be prohibited by any person throughout the City of Rohnert Park except when a permit is issued, in advance, by the fire code official or his or her designee for the exceptions below: (i) Storage and handling of fireworks in accordance with Section 5605 of the California Fire Code. (ii) The use of fireworks for pyrotechnic displays in accordance with Section 5608 of the California Fire Code. The prohibition on the possession of fireworks in this section shall not apply to manufacturing and transportation activities permitted under section 9.49.030. Ordinance No. 954 Page 3 9.49.050 - Supervision of minors. 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 fireworks, at any time. 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 fireworks. 9.49.060 - Social host liability. A. No social host shall suffer or permit any persons to use fireworks(1) on property that is either owned by the social host or occupied or otherwise used by the social host pursuant to a lease, permit, license, rental agreement, or contract, or (2) at any gathering on public or private property that is hosted, organized, supervised, officiated, conducted, or sponsored by the social host, except for pyrotechnic displays that are permitted in accordance with section 9.49.040. B. It is the duty of any social host who knowingly hosts,permits, or allows any gathering to take place to take all reasonable steps to prevent the use of fireworks by that social host's guests or invitees. C. No social host shall, with respect to private property where fireworks are used, be liable for a violation of this section if the social host can demonstrate that at the time of such violation the social host (i) had rented or leased the property to another, (ii) was not present, and (iii) had no prior knowledge of the violation. D. 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 occurring in the common areas of the property. E. Nothing in this section shall limit the liability of any social host for a violation of Section 9.69.040 or 9.69.050 by the social host. 9.49.070 - Enforcement. A. This chapter shall be enforced pursuant to the procedures set forth in Chapter 1.25 of this Code. The amount of the administrative penalty for violations of this chapter pertaining to fireworks shall be governed by Section 9.49.080. B. The fire code official or his/her designee shall enforce the provisions of this Chapter 9.49. 9.49.080—Determining violations; Penalties for violations. A. Causing,permitting,aiding,abetting,or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter. B. Each person who violates any provisions of this chapter by possessing, using, storing, and/or selling, displaying of any dangerous firework, or violates sections 9.49.050 or 9.49.060 and such violation involves 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 timely paid in accordance with chapter 1.25. C. Each person who violates any provisions of this chapter by possessing, using, storing, and/or selling, displaying of any safe and sane fireworks or state-approved fireworks, or violates sections 9.49.050 or 9.49.060 and such violation involves any safe and sane fireworks or state- Ordinance No. 954 Page 4 approved fireworks, shall be subject to the imposition of payment of an administrative fine, and a late charge if the fine is not timely paid in accordance with chapter 1.25, as provided below: Number of offenses in any Amount of Late Total amount of 12 month consecutive administrative charge Penalty plus late period penalty charge First $250.00 $75.00 $ 325.00 Second $500.00 $150.00 $ 650.00 --------_. .........._..-._ Third $750.00 $300.00 $1,050.00 D. In addition to such administrative penalties, each violator shall be liable for all costs incurred by the office of the state fire marshal for the transportation and disposal of any 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 actual cost of disposal to the office of the state fire marshal. E. Nothing in this section shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery, storage, and/or transportation of dangerous fireworks. The penalties set forth herein are intended to be nonexclusive and are intended to be in addition to any other remedies provided in this article or any other law, statute, ordinance or regulation. Section 4. Environmental Review. The City Council finds the approval of this ordinance is exempt under Section 15061(b)(3) 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. In the alternative, the City Council determines that the basic purpose of this action is to prohibit the use of safe and sane fireworks in the City, which will reduce litter and lessen the risk of fire, and therefore is an action for the protection of the environment and is categorically exempt pursuant to CEQA Guidelines section 15308 (actions by regulatory agencies for the protection of 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. Ordinance No. 954 Page 5 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 April 13, 2021 and adopted by the Council of the City of Rohnert Park on April 27, 2021, by the following roll call vote: �Y S: C0uYx;i►r,Lmhk-- LJv�wc5, Vscst r-kc',Vv e vrvd cc h�a�IcN C7YX�+U2. 3� -+hrcL l N((O��E C 0l rv�v�n�✓ I°►r�lu wLS ano( s�e� ABSINT:� ?.Aro ABSTAIN: C�) IAM CIT O OHNERT PARK Gerar i ce, Mayor ATTEST: Sylvia Lopez Cue , City Clerk APPROVED AS TO FORM: C 4t- aj� Michelle Marchetta Kenyon, City Attorney Ordinance No. 954 Page 6 Ordinance No. 954 Page 6 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 April 13, 2021 and adopted by the Council of the City of Rohnert Park on April 27, 2021, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ROHNERT PARK ___________________________ Gerard Giudice, Mayor ATTEST: Sylvia Lopez Cuevas, City Clerk APPROVED AS TO FORM: Michelle Marchetta Kenyon, City Attorney