2021/07/06 City Council Resolution 2021-083 RESOLUTION NO. 2021-083
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
REQUESTING CONSOLIDATION OF THE SPECIAL ELECTION REGARDING
ORDINANCE NO. 954, AN ORDINANCE OF THE CITY COUNCIL OF ROHNERT PARK
REPEALING AND REPLACING CHAPTER 9.49 OF THE ROHNERT PARK MUNICIPAL
CODE TO PROHIBIT THE SALE AND USE OF FIREWORKS, WITH THE
GUBERNATORIAL RECALL ELECTION TO BE HELD ON SEPTEMBER 14,2021 AND
DIRECTING THE SONOMA COUNTY REGISTRAR OF VOTERS TO CONDUCT THE
ELECTION ON THE CITY'S BEHALF
WHEREAS,the City Council of the City of Rohnert Park on April 27, 2021 adopted
Ordinance No. 954, an Ordinance of the City Council of Rohnert Park Repealing and Replacing
Chapter 9.49 of the Rohnert Park Municipal Code to Prohibit the Sale and Use of Fireworks;
and
WHEREAS, a petition for referendum was timely filed with the City Clerk and signed
by more than ten percent (10%) of the registered voters of the city; and
WHEREAS, the City Clerk, as elections official for the City, conducted a review of the
petition, and following verification of signatures provided by the Sonoma County Registrar
Office of Voters, ascertained that the petition is signed by the requisite number of voters and
certified the sufficiency of the petition to the City Council on May 25, 2021; and
WHEREAS,the City Council is authorized by Elections Code section 9241 to submit
the proposed ordinance to the voters, and on May 25, 2021 directed that the matter be submitted
to voters at a special election consolidated with the Recall Special Election of the Sonoma
County District Attorney to be held on September 14, 2021; and
WHEREAS,the City Council on June 8, 2021 adopted Resolution No. 2021-065
Calling For A Special Election Regarding Ordinance No. 954, an Ordinance of the City Council
of Rohnert Park Repealing and Replacing Chapter 9.49 of the Rohnert Park Municipal Code to
Prohibit the Sale and Use of Fireworks; Requesting Consolidation with the District Attorney
Recall Election to be held on September 14, 2021; Requiring Preparation of an Impartial
Analysis; and Establishing Requirements Regarding Ballot Arguments; and
WHEREAS, Lieutenant Governor Eleni Kounalakis issued a proclamation ordering the
California Gubernatorial Recall Election be held on September 14, 2021 and pursuant to
Elections Code sec. 1605(0(3), a city may consolidate their local election with the recall
election if(1) the special local election was called prior to June 15, 2021; (2) the original date on
which the special local election was called is not more than 30 days before and not more than 30
days after the date of the gubernatorial recall election; and (3)the call to consolidate the special
local election with the gubernatorial recall election is issued within four days from the date of
issuance of the Lieutenant Governor's proclamation; and
WHEREAS, consolidation of the local special election and the gubernatorial election
does not alter the date of the election,thus deadlines for submission of ballot arguments and
rebuttals remains unchanged; and
WHEREAS, consistent with the requirements of Elections Code section 1605(0(3), the
City Council desires to consolidate the local special election with the gubernatorial recall
election on Tuesday, September 14, 2020.
NOW,THEREFORE,the City Council of the City of Rohnert Park does resolve,
declare, determine and order as follows:
Section 1. Call for Election and Ballot Question Language. Pursuant to California Elections
Code Section 9241, there is called and ordered to be held in the City of Rohnert Park,
California, on Tuesday September 14, 2021, a Special Municipal Election for the purpose of
submitting the following ordinance for vote:
Shall Ordinance No. 954, An Ordinance of the City Council of the City of Rohnert YES
Park Repealing and Replacing Chapter 9.49 of the Rohnert Park Municipal Code to
Prohibit the Sale and Use of Fireworks, be adopted? NO
This measure shall be designated by letter by the Sonoma County Registrar of Voters.
Section 2. Submission of Ordinance to Voters. The City Council hereby approves the submission of
Ordinance No. 954 to the voters of the City at the September 14, 2021 election. If a majority of
qualified electors shall vote in favor of the Ordinance, it shall be deemed enacted and shall read as
provided in Exhibit"A".
Section 3. Request to Consolidate and Conduct Election and Canvass Returns.
(a) Pursuant to Elections Code sections 10400 et seq. and section 1605(0(3), the
Board of Supervisors of the County of Sonoma is hereby requested to consent and agree to the
consolidation of a special election with the gubernatorial recall election on Tuesday, September
14, 2021, for the purpose of submitting a measure to the voters. The City acknowledges that the
consolidated election will be held and conducted in the manner prescribed in California Election
Code 10418.
(b) The election on the measure set forth in Section 1 shall be held and conducted,
the voters canvassed and returns made, and the results ascertained and determined as provided
for herein. In all particulars, the election shall be held in accordance with the Elections Code of
the State of California.
(c) In accordance with California Elections Code 10002, the City of Rohnert Park
requests that the Board of Supervisors of the County of Sonoma permits the Registrar of Voters
Office to render such election services, prepare all required notices and election materials of
holding of the municipal election,to give all such required notices and send to the City's
registered voters all required election materials, conduct the special municipal election and
canvass the vote received, and take all steps necessary and required for the holding of this
election within the City of Rohnert Park. The County Registrar of Voters of Sonoma County is
Resolution 2021-083
2
authorized to specify the location for the tally of ballots and certify the results to the City
Council of the City of Rohnert Park.
(d) The County of Sonoma is requested to procure and furnish any and all official
ballots, notices,printed matter and all supplies equipment and paraphernalia that may be
necessary in order to properly and lawfully conduct the election.
Section 4.Notice of Election. The notice of the time and place of holding the election is given
and the City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
Section 5. Notice of Measure. In accordance with Section 12111 of the Elections Code,the City
Clerk is hereby authorized and directed to cause notice of the measure to be published once in a
newspaper of general circulation,printed, published, and circulated in the City of Rohnert Park.
The City Clerk may request that the County of Sonoma Elections Department prepare and
publish the required notice.
Section 6. Appropriation of Necessary Funds. The City of Rohnert Park recognizes that
additional costs will be incurred by the County by reason of this special election and agrees to
reimburse the County for any costs. The City Manager is hereby authorized and directed to
appropriate the necessary funds to pay for the City's cost of placing the measure on the election
ballot.
Section 7. Time for Election. The polls for the election shall be open at 7:00 a.m. of the day of
the election and shall remain open continuously from that time until 8:00 p.m. of the same day
when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the
State of California.
Section 8. Services of City Clerk. The City Clerk is hereby directed to file a certified copy of this
resolution with the Board of Supervisors and the Registrar of Voters of the County of Sonoma on
or before June 18, 2021 and enter this resolution into the book of original resolutions. The City
Clerk is hereby authorized and directed to take all steps necessary to place the measure on the
ballot and to cause the ordinance or measure to be printed. A copy of the ordinance or measure
shall be made available to any voter upon request.
Section 9. CEQA Review. This action is not a project subject to review under the California
Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b)(3), and is
further exempt pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with
certainty that there is no possibility that the activity in question would have a significant effect
on the environment
DULY AND REGULARLY ADOPTED this 6th day of July, 2021.
Resolution 2021-083
3
CITY 1.0' ERT PARK
IAreaPi
Gera • ‘.. ► ayor
ATTEST: ,--
Sylvia Lopez as, City Clerk
Attachment: Exhibit A- Ordinance 954
ADAMS: LINARES: STAFFORD: ELWARD: GIUDICE:
AYES: ( ) N ES: ( CZ5) ABS N : ( ) ABSTAIN: (96)
Resolution 202 1-083
4
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:
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ATTEST:
Sylvia Lopez Cue , City Clerk
APPROVED AS TO FORM:
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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