12-A
TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: Brian McNerney, Interim Director of Public Safety
SUBJECT: Consideration and possible action to adopt Urgency Ordinance No. 1430 – An Urgency Ordinance amending Bellflower Municipal Code (“BMC”) Chapter 8.16 regulating fireworks in accordance with Government Code §§ 51306, et seq.; and read by title only, waive further reading and introduce Ordinance No. 1431 – An Ordinance amending Bellflower Municipal Code (“BMC”) Chapter 8.16 regulating fireworks in accordance with Government Code §§ 51306, et seq.
DATE: May 13, 2024
EXECUTIVE SUMMARY
Chapter 8.16 of the BMC regulates the use, sale, and possession of safe and sane fireworks as well as those designated as non-safe and sane. The proposed urgency and regular ordinance would amend BMC Chapter 8.16 to define a responsible person and the liability a responsible person has when a violation is committed under BMC Chapter 8.16.
RECOMMENDATION TO CITY COUNCIL
1) Adopt Urgency Ordinance No. 1430 establishing BMC Chapter 8.16 as a strict liability violation and a responsible person’s liability to violations committed under the section, and creating a definition of a responsible person ; and
2) Read by title only, waive further reading, and introduce Ordinance No. 1431 establishing BMC Chapter 8.16 as a strict liability violation and a responsible person’s liability to violations committed under the section, and creating a definition of a responsible person; or
3) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
There are no identifiable fiscal impacts associated with the proposed actions. Second reading and adoption of the regular Ordinance would occur at the May 28, 2024, City Council Meeting.
Staff Report – Amendment of BMC Chapter 8.16
May 13, 2024
DISCUSSION
The City continues to face threats to public health and safety due to the unlawful use of fireworks in the community. Illegal fireworks pose an ongoing concern in the weeks leading up to and during the Fourth of July celebration. The heavy rainfall this past winter has further resulted in an increased amount of overgrown vegetation throughout the region, which dries out as summer approaches and enhances the risk to property and public safety. In order to reduce these threats, the City Attorney recommends making the below listed changes to the BMC.
Beginning in 2021, staff developed a strategy of issuing citations to property owners when enforcement personnel have evidence that an illegal firework was discharged from their private property or in the immediately adjacent public right-of-way by an individual associated with their property. This appears to be having a positive deterrent effect with fewer repeat offenders from year to year.
In the most recent batch of citations being appealed in Superior Court, Public Safety struggled to fully enforce the BMC’s regulation of the illegal use of fireworks. The court has repeatedly applied an intent element to property owners and tenants for the illegal use of fireworks in a way never intended by the City. Based on feedback from Superior Court judges and the loss of multiple cases on these grounds, it is apparent that a modification of the BMC is necessary.
The proposed changes to the BMC include making it unequivocally clear that violations of the City’s fireworks laws are based in strict liability and require no intent element to be liable. This clarification will help the public better understand these laws, assist judges with their proper application in court, and promote public safety by discouraging the illegal use of fireworks. Should the City Council adopt the recommended BMC changes, a citywide mailer will be distributed with the CR&R’s trash bill before the Fourth of July advising of the amendment. Notice will also be posted on the City’s website and at City facilities.
Because the proposed regular Ordinance, if adopted, would not take effect at best until mid-July 2024, missing the upcoming Fourth of July celebration, it is recommended that the City Council also adopt an Urgency Ordinance – which would take effect immediately – to protect public health and safety leading up to and during the holiday.
ATTACHMENTS
Urgency Ordinance No. 1430 .......................................................................................... 3 Regular Ordinance No. 1431 ......................................................................................... 15
CITY OF BELLFLOWER
ORDINANCE NO. 1430
AN URGENCY ORDINANCE AMENDING SECTIONS OF CHAPTER 8.16
OF THE BELLFLOWER MUNICIPAL CODE GOVERNING FIREWORKS
TO PROVIDE DEFINITIONS AND CLARIFY VIOLATIONS ARE BASED
IN STRICT LIABILITY
THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds and determines as follows:
A. In 1958, the City Council adopted Ordinance 29, which, among other things, established regulation of fireworks within the City. Except for renumbering the code sections under Chapter 8.16, these regulations have remained largely unchanged.
B. Particularly heavy rainfall has resulted in an increased amount of overgrown vegetation, which is a dangerous source of fuel for uncontrolled fires and exacerbates existing fire concerns.
C. Holding accountable those responsible for the unlawful use of fireworks in violation of Chapter 8.16 of the Bellflower Municipal Code (“BMC”) is an essential part of the City’s efforts to promote the safe use of fireworks over the July 4 th holiday.
D. Appeals to superior court of citations issued by City staff to property owners and tenants for violations of the City’s fireworks laws have become increasingly challenging for Staff, as the court frequently applies a knowledge and intent element to the offenses where strict liability is the appropriate standard.
E. This Ordinance seeks to clearly define when property owners and tenants are responsible for the unlawful use of fireworks by others who are gathered at or otherwise associated with, the responsible person’s property. It further seeks to make it unequivocally clear that violations of the City’s fireworks laws are based in strict liability and require no knowledge or intent element to be liable.
F. It is imperative that the regulations implemented by this Ordinance be effective during and in the lead up to the July 4 th holiday in order to protect public health and safety
G. Because of the findings set forth above, the City Council finds that this Ordinance should be adopted on an urgency basis to preserve the public health, safety, and welfare in accordance with Government Code §§ 36934 and 36937(b).
City of Bellflower
Ordinance No. 1430
SECTION 2. Chapter 8.16 of the BMC is revised to read as follows:
Chapter 8.16
REGULATING FIREWORKS
§8.16.010 Fireworks.Intent and Purpose.
This chapter shall govern the sale, offer for sale, use, discharge, firing, storage, handling, and use of or possession of fireworks. It is unlawful for any person to sell, offer for sale, have in his/her possession, store, fire, set off, discharge or use, or cause or permit to be sold, offered for sale, stored or possessed by such person, fired, set off, discharged or used, any fireworks unless such fireworks are classified as "safe and sane" by the State Fire Marshal (referred to as "safe and sane fireworks" in this chapter) and unless in addition all terms and provisions of the State Fireworks Law contained in Part 2 of Division 11 of the Health and Safety Code of the State of California and all provisions of this chapter are complied with. Nothing herein contained shall prohibit the public display of fireworks as authorized by Section 8.16.070 of this Code subject to the terms and provisions of the State Fireworks Law.
§ 8.16.020 Violation—Strict liability.
Violations of this chapter are strict liability offenses regardless of intent or personal knowledge of any other persons engaging in any violation of this chapter. Any person, firm, corporation or other entity that violates any portion of this chapter is subject to the enforcement provisions of Chapter 1.08 of this Code, unless otherwise stated.
§ 8.16.030 Definitions.
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of words and phrases used in this chapter:
“Responsible Person” means any person with control, possession, ownership or other legal rights to real property that is the subject of, or associated with, any act prohibited by this chapter, whether or not present during a violation. This includes, without limitation, any responsible person who allows or invites others to gather on a parcel of property that the person owns, possesses, or controls, or who organizes, supervises, officiates, conducts, controls, or is otherwise in charge of an activity on the property. “Firework” means and includes:
1. Any combustible or explosive composition or any substance or combination of substances or articles prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, whether manufactured, homemade or improvised;
City of Bellflower
Ordinance No. 1431
2. Fireworks classified by the State Fire Marshal as “dangerous fireworks” and as “safe and sane fireworks” pursuant to California Health and Safety Code Sections 12561 and 12562;
3. Any pyrotechnic device for which the State Fire Marchal requires a license to manufacture, sell, transport or operate; and
4. Firecrackers, torpedoes, skyrockets, Roman candles, cherry bombs, sparklers, chasers, snakes or other fireworks of like or similar construction and any fireworks containing any explosive or flammable compound or substance.
“Law Enforcement” means any sworn peace officer as defined by California Penal Code section 830.1 or any person designated by the City Manager to enforce this Code.
§ 8.16.040 Fireworks.
A. Notwithstanding the provisions of this Code or the Fire Code to the contrary, safe and sane fireworks may be sold within the City of Bellflower between the hours of 8:00 a.m. and 10:00 p.m. on the days of July 1, July 2, and July 3, and between the hours of 8:00 a.m. and 12:00 midnight on July 4 provided a permit has been first obtained pursuant to this chapter to do so and further provided that the terms and provisions of this Code and the State Fireworks Law are complied with at all times.
B. It is unlawful for any person to fire, set off, discharge or use, or cause or permit to be fired, set off, discharged or used any fireworks except that safe and sane fireworks may be fired, set off, discharged or used during the period between 10:00 a.m. and 11:00 p.m. on the days of July 1, July 2, July 3, and July 5, and between the hours of 10:00 a.m. and 12:00 midnight on July 4.
C. It is unlawful for any person to have in his/her possession any fireworks at any time of the year except from 8:00 a.m. on July 1 through 12:00 midnight on July 5, except that the storage within an enclosed structure of safe and sane fireworks for personal use which have been sold as a single retail package or portion thereof shall not constitute possession for purposes of this chapter. The provisions of this chapter are not applicable to public agencies or manufacturers or suppliers of fireworks for public display or storage.
Organizations to which permits have been issued may accept delivery of fireworks for stocking purposes no more than 24 hours prior to the time allotted for fireworks sales.
D. Except as provided in Section 8.16.070 8.16.100 of this Code, no person shall possess, transport, buy, offer to buy, sell, offer to sell, give, receive, fire, set off, discharge or use any fireworks not classified as "safe and sane" by the State Fire Marshal.
E. It is unlawful for any child under the age of 16 years to possess, transport, buy, offer to buy, sell, offer to sell, give, receive, fire, set off, discharge or use any fireworks classified as "safe and sane" by the State Fire Marshal, except in the presen ce of that child's parent, guardian or other adult person acting in loco parentis.
City of Bellflower
Ordinance No. 1431
F. No person shall possess, transport, buy, offer to buy, sell, offer to sell, give, receive, fire, set off, discharge or use any safe and sane fireworks in a manner likely to cause injury to life or property.
G. No person acting as the parent, guardian or other adult person acting in loco parentis for a child under the age of 16 years shall permit that child to possess, transport, buy, offer to buy, sell, offer to sell, give, receive, fire, set off, discharge or use any safe and sane fireworks in a manner likely to cause injury to life or property.
H. No person shall sell, offer to sell, give, or otherwise transfer any safe and sane fireworks to any child under the age of 16 years, except for a child accompanied by the parent, guardian or other adult person acting in loco parentis of that child.
I. Responsible person liability:
1. A responsible person is strictly liable for any violation of this chapter that occurs during a gathering on property that the responsible person owns, possesses, or controls, or in the public right-of-way immediately adjacent to property that the responsible person owns, possesses, or controls, when the responsible person is present at, or has knowledge of, the gathering.
2. A responsible person is subject to administrative citation for any violation under this chapter, regardless of personal intent or awareness of the violations.
3. It is a rebuttable presumption that any prohibited act under this chapter conducted in the public right-of-way or any public property by any person is attributable to the responsible person where such violation is conducted immediately adjacent to the responsible person’s private property.
4. A responsible person is not liable for the acts of others who violate this chapter, if the responsible person is the first to report such violations to law enforcement or fire officials for immediate assistance and before the violations are witnessed by law enforcement or fire officials.
§ 8.16.020 Permits for Sale of Safe and Sane Fireworks. § 8.16.050 Permits for Sale of Safe and Sane Fireworks.
Commencing in 2003, all applications for permit to sell at retail safe and sane fireworks shall comply with and be governed by the provisions of the State Fireworks Law and, in addition, shall be governed by the following:
A. The Director of Community Development Director of Planning and Building Services shall solicit a letter of intent in accordance with Subsection B of this section from all prior year permit holders and those on the waiting list on or prior to the first day of January in each year. Such solicitation shall be by certified mail.
City of Bellflower
Ordinance No. 1431
B. Each interested party, including prior year permittees and those on the waiting list, shall provide a letter of intent to apply for a current year permit on or prior to the first day of February in each year. Only those parties that provide such a letter of interest are eligible to apply for a permit.
C. All interested parties, who have previously submitted the required letter of intent, shall submit an application to sell at retail safe and sane fireworks on or prior to the first day of April in each year.
D. Each application shall set forth:
1. The proposed location of the fireworks stand.
2. The total amount of any compensation required to be paid to a property owner or manager for the cost of renting a location for the fireworks stand.
3. The principal and permanent meeting place of the applicant organization, the address of the meeting place and the day and time of the meeting.
4. The details of the intended charitable use of the proceeds from the sale of fireworks in a form acceptable to the Director of Community Development Director of Planning and Building Services.
5. At or before the time of issuance of permit the applicant will deliver to the City public liability insurance and products liability insurance, bonds or riders, designating the City as an additional insured, in the minimum amount of one million dollars ($1,000,000.00) per person, one million dollars ($1,000,000.00) per accident, and one million dollars ($1,000,000.00) property damage.
6. The applicant’s State Board of Equalization resale number.
7. The applicant’s retail fireworks license issued by the State Fire Marshal.
8. Such other information as deemed appropriate by the Director of Community Development Director of Planning and Building Services.
9. The signature of an authorized representative of the applicant attesting under penalty of perjury that the information contained in the application is true and correct.
City of Bellflower
Ordinance No. 1431
E. Each application must be accompanied by:
1. An application processing fee. Except as otherwise provided by applicable law, all fees applicable to this chapter, excluding business license taxes and fees, will be established by City Council resolution. Such charges will be determined by the department and be based on the actual cost incurred by the City in providing services. Such service charges will include, without limitation, charges for labor, supervision, overhead, administration and the use of any and all City equipment, and supplies.
2. A copy of the agreement with the landowner and fireworks supplier.
3. A diagram showing the exact location of the stand in relation to adjacent streets and any other structures on the lot or adjacent lots, and onsite traffic circulation.
4. A list containing a minimum of 20 of the organization’s members who either reside in the City, are employed in the City, or are owners or operators of a business or other establishment located in the City, including their names, addresses, and telephone numbers, as of the date of the application.
5. An application for a miscellaneous building permit for location and erection of a temporary structure, accompanied by the requisite permit fees as determined by separate resolution of the City Council.
6. An application for an electrical permit for any stand using an electrical power source other than a portable generator, accompanied by the requisite permit fees as determined by separate resolution of the City Council.
7. A $150 cash bond to guarantee faithful performance of the terms and provisions of this chapter, refundable upon expiration of the permit and removal of the stand, less actual costs incurred by the City as a result of the permittee’s failure to perform.
§ 8.16.030 Prerequisites to Issuance of Permits.
§ 8.16.060 Prerequisites to Issuance of Permits.
Commencing in 2003, a permit to sell safe and sane fireworks may be issued or denied in the discretion of the City Council and subject to such other reasonable conditions as the City Council determines necessary to protect the public health, safety and wel fare.
The City Council does hereby declare its intention to issue only a limited number of permits in order to prevent an unsightly or undue or unsafe concentration of fireworks stands. The following qualifications must be met in addition to the other requirements set forth in this chapter or in the State Fireworks Law, before a permit may be issued:
City of Bellflower
Ordinance No. 1431
A. Upon receipt of the report of the Fire Department, the City Council may issue permits to those persons or organizations determined by it to be responsible, and organized and existing as nonprofit or tax exempt associations as recognized by the State of California or the Internal Revenue Code primarily for patriotic, veteran, civic betterment, religious, welfare, youth or charitable purposes. No permit shall be issued to other than adult persons.
B. The applicant must be an organization which meets all of the following criteria: 1) it has its principal and permanent meeting place in the City; 2) it must have been organized and established in the City for a minimum of one year continually preceding the filing of the application for the permit; and 3) such organization must have a bona fide membership of at least 20 members who either reside in the City, are employed in the City, or are owners or operators of a business or other establishment located in the City.
C. There shall be not more than one stand per permittee. Only one permit shall be issued for any parent, principal, or master group or organization unless the City Council finds in a given case, because of the circumstances of the stand location or other factors, the intent of this chapter will not be defeated by issuing more than one permit. The intent of this requirement is to limit applicants, who otherwise qualify, to one permit as to each such parent or principal group or organization and to eliminate any one principal or parent group or association from having permits issued to associate, derivative, ancillary, subsidiary or support groups or entities. Nothing in this chapter shall prohibit more than one group or organization meeting all qualifications specified in this ch apter from jointly applying for a fireworks permit. In such case, however, only a single permit will be issued, and no organization not previously having obtained a permit in its own right shall derive any independent right to a separate permit or to its partner organization(s)’ rights in the event a partner organization shall cease operating a stand.
D. The maximum number of permits that may be issued pursuant to this chapter during any one calendar year shall not exceed 17 in 2002 and 14 commencing in 2003.
Applications for a permit shall be heard and considered by the City Council. Except for grandfathered permits pursuant to Subsection E of this section, if the City Council should determine that there are more than 17 applications in 2002 and 14 applications commencing in 2003 which are qualified for permits, the vacancy will be filled by the next qualified applicant in the order received on the waiting list maintained by the Director of Community Development Director of Planning and Building Services.
E. Those organizations which obtained a permit in the year 2002 may, notwithstanding the provisions of Subsection (D) of this section, in the discretion of the City Council, be issued a permit until such time that said organization does not received a permit in a given year, or had such a permit revoked per Section 8.16.060(I) 8.16.090(I) of this Code, provided that the organization is qualified and is in substantial compliance under all other sections of this chapter to hold a permit for a fireworks stand.
City of Bellflower
Ordinance No. 1431
F. The Director of Community Development Director of Planning and Building Services shall establish and maintain a waiting list, in the order received, of those organizations that have expressed an interest in obtaining a permit for the sale of safe and sane fireworks when a permit becomes available.
§ 8.16.040 Operation of Stand.
§ 8.16.070 Operation of Stand.
A. Every fireworks stand shall be staffed only by members of the permittee organization(s), members of their immediate families, or volunteers and no person below the age of 18 years shall at any time be or be permitted inside of said stand or to assist in the handling or sale of fireworks.
B. No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at such stand.
C. Every organization shall be responsible to make certain that every person selling fireworks from that organization's stand shall distribute with each sale a flier from the City containing information on laws and corresponding penalties concerning fireworks.
It will be the responsibility of every organization to obtain a sufficient number of fliers from the City.
§ 8.16.050 Temporary Fireworks Stands.
§ 8.16.080 Temporary Fireworks Stands.
All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is hereby prohibited.
Temporary stands shall be subject to the following provisions:
A. No fireworks stand shall be located within 25 feet of any other building, or within 15 feet of any street curb line, or within 100 feet of any premises where flammable liquids are dispensed. For purposes of this section, "dispensed" shall mean the removal of a flammable liquid from one container and its transfer to another.
B. Fireworks stands as temporary structures shall not be subject to the terms and provisions of the Building Code applicable to the construction of permanent structures or buildings, provided, however, that all such stands are erected under the supervision of the Building Official, who shall require such stands to be constructed in a manner which will reasonably insure the safety of attendants and patrons. All utilities s hall be installed and maintained in accordance with the Building Code.
C. No stand shall have a floor area in excess of 400 square feet.
City of Bellflower
Ordinance No. 1431
D. Each stand must have at least two exits; and each stand in excess of 24 feet in length must have at least three exits, spaced approximately equal distant apart; provided, however, that in no case shall the distance between the exits exceed 12 feet.
E. Each stand shall be provided with two 2.5-gallon water-type fire extinguishers, in good working order and easily accessible for use in case of fire.
F. No vehicle will be permitted to park within 25 feet of the stand.
G. Notwithstanding any other provisions of this Code, fireworks stands may be established only in the General Commercial (CG) and Light Industrial (Ml) zones, as further described in Title 17 of this Code, and in no other zone even if the provisions of those zones are incorporated by reference, except that a permittee may establish a fireworks stand on that permittee's property provided that the property abuts a primary arterial street as defined in the Circulation Element of the Bellflower General Plan, and the stand is located no closer than 200 feet from a residential dwelling.
H. All fireworks stands shall be so located as to provide safe and reasonable ingress and egress thereto and to comply with the other provisions and terms of this section.
Said stands shall be located substantially at that place indicated on the approved permit for such fireworks stand.
I. Commencing in 2003, the total amount of any compensation paid by an organization to a property owner or manager for the cost of renting a location for placement of a fireworks stand shall not exceed $1,000 in any one year, whether paid in cash or merchandise and whether paid by the organization or other party, including a company distributing fireworks. Every five years, a cost of living adjustment (COLA) equal to the change in the Consumer Price Index between the base year index and the fifth year following the base year index for All Urban Consumers in the Los Angeles- Riverside-Orange County area will be applied to increase the maximum allowed rent.
The initial base year index will be June 2002, and will be revised every five years thereafter to June of the year in which the most recent COLA was applied. The COLA in any five year period will be rounded to the nearest multiple of $25, not to exceed 15%, and no negative COLA shall be applied.
§ 8.16.060 General Requirements for Permittees.
§ 8.16.090 General Requirements for Permittees.
A. Stands shall not be located closer than 500 feet apart, and no more than two stands shall be located on the same parcel of property. Those persons or organizations having a continuous agreement with a property owner since the year 2001 for a site which does not comply with this distance requirement may, in the discretion of the City Council, continue to utilize such site until such time that the use has been suspended or discontinued in any given year.
B. All weeds and combustible material, not including structures, shall be cleared from the location of the stand, and for a distance of at least 100 feet surrounding the stand.
City of Bellflower
Ordinance No. 1431
C. "No smoking" signs shall be prominently displayed in four inch letters, both inside and outside the fireworks stand. No person shall smoke or burn any cigarettes, cigars, pipes or things within such stand or within a distance of 20 feet surrounding such stand.
D. A sign shall be posted on the outside of each fireworks stand stating "FIREWORKS SHALL NOT BE SOLD TO PERSONS UNDER 16 YEARS OF AGE." Letters shall not be less than three inches in height.
E. Each stand must have an adult, 21 years of age or older, watchman or attendant in attendance and in charge thereof at all times while fireworks are stored therein. No cooking, living or sleeping facilities shall be established or maintained within any stand.
No watchman or guard shall sleep inside any such stand.
F. All unsold stock and accompanying litter shall be removed from the location by 12:00 noon on the fifth day of July.
G. No fireworks stand shall be installed prior to 12:00 noon on June 21 and each such stand shall be removed from the temporary location by 12:00 noon on the tenth day of July and all accompanying litter, debris, building materials, utility connections, and o ther facilities or equipment or materials shall be cleared from said location by said time and date.
H. All permits and licenses shall expire at 12:00 midnight on the fourth day of July each year.
I. Any permit or license shall be subject to immediate suspension by order of the Director of Community Development Director of Planning and Building Services if he or she or his/her duly authorized deputy has determined that any permittee has failed to comply with the terms and provisions of this Code or any condition of the permit. Within 24 hours of the suspension, the City Manager or his/her designee shall hold a hearing to receive evidence from the Los Angeles County Sheriff's Department, Los Angeles County Fire Department, Director of Community Development Director of Planning and Building Services or his/her designee and/or the permittee, and determine the facts of the case. Any such permit or license may be revoked by the City Manager when it is found and determined that a permittee has failed to comply with the terms and provisions of this Code or with any of the conditions of said permit or where the City Manager has found and determined that the preservation of the public health, safety, peace and welfare demand revocation of said license or permit, or where a permit or license has been granted on false or fraudulent evidence, testimony or application. In all such cases, the decision of the City Manager will be final.
J. No less than 100% of the gross proceeds derived from the sale of fireworks in the City, less only expenses related to the cost of purchasing the fireworks actually sold and costs incurred in complying with this chapter, shall be spent to benefit patriotic, veteran, civic betterment, religious, welfare, youth or charitable purposes. An accounting of gross receipts, all expenditures and the use of the net profits, along with a copy of the corresponding State sales tax report, shall be presented to the Director of Community Development Director of Planning and Building Services no later than April 1 of the following year. Said report must be in a format acceptable to the Director of Community Development Director of Planning and Building Services . Organizations failing to submit an acceptable accounting, both as to form and content, may be denied a permit.
City of Bellflower
Ordinance No. 1431
§ 8.16.070 Public Display of Fireworks.
§ 8.16.100 Public Display of Fireworks.
Notwithstanding the provisions of Sections 8.16.010 through 8.16.060 8.16.090 of this Code, public display of fireworks, as defined in the State Fireworks Law, may be conducted subject to all of the terms and provisions therein contained provided that a permit therefor has been granted by the City Council. Such public displays, in a ddition, shall be subject to all rules and regulations contained in the Fire Code.
SECTION 3. Environmental Assessment. The City Council finds that the Ordinance is not subject to review under the California Environmental Quality Act (“CEQA”) under CEQA Guidelines §15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. Adopting this Ordinance will not have the effect of deleting or substantially changing any regulatory standards or required findings. This Ordinance would not result in any development or changes to the physical environment. Following an evaluation of possible adverse impacts, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment.
SECTION 4. Validity of Previous Code Sections. If the entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the BMC or other regulation by this Ordinance will be rendered void and cause such BMC provision or other regulation to remain in full force a nd effect for all purposes.
SECTION 5. Reliance on Record. Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the subject matter. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SECTION 6. Limitations. The City Council’s analysis and evaluation of the subject matter s based on the best information currently available. It is inevitable that, in evaluating a subject matter, absolute and perfect knowledge of all possible aspects of the subject matter ill not exist. One of the major limitations on analysis of the subject matter is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on the City’s ability to solve what are in effect regional, state, and National problems and issues.
The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 7. Preservation. Repeal or amendment of any previous Code Sections does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
City of Bellflower
Ordinance No. 1431
SECTION 8. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Ordinance are severable.
SECTION 9. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Bellflower’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 10. Effective Date. This Ordinance will become effective immediately upon adoption pursuant to Government Code §§ 36934 and 36937 for the immediate preservation of the public peace, health, safety, and welfare. Pursuant to those statutes this Ordinance is adopted by four-fifths vote of the City Council.
ORDINANCE NO. 1430 WAS DULY PASSED, APPROVED, AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF MAY 13, 2024.
Dan Koops, Mayor
ATTEST:
_____________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
______________________________________
Timothy E. Campen, Assistant City Attorney
CITY OF BELLFLOWER
ORDINANCE NO. 1431
AN ORDINANCE AMENDING SECTIONS OF CHAPTER 8.16 OF THE
BELLFLOWER MUNICIPAL CODE GOVERNING FIREWORKS TO
PROVIDE DEFINITIONS AND CLARIFY VIOLATIONS ARE BASED IN
STRICT LIABILITY
THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds and determines as follows:
A. In 1958, the City Council adopted Ordinance 29, which, among other things, established regulation of fireworks within the City. Except for renumbering the code sections under Chapter 8.16, these regulations have remained largely unchanged.
B. Particularly heavy rainfall has resulted in an increased amount of overgrown vegetation, which is a dangerous source of fuel for uncontrolled fires and exacerbates existing fire concerns.
C. Holding accountable those responsible for the unlawful use of fireworks in violation of Chapter 8.16 of the Bellflower Municipal Code (“BMC”) is an essential part of the City’s efforts to promote the safe use of fireworks over the July 4 holiday.
D. Appeals to superior court of citations issued by City staff to property owners and tenants for violations of the City’s fireworks laws have become increasingly challenging for Staff, as the court frequently applies a knowledge and intent element to the offenses where strict liability is the appropriate standard.
E. This Ordinance seeks to clearly define when property owners and tenants are responsible for the unlawful use of fireworks by others who are gathered at or otherwise associated with, the responsible person’s property. It further seeks to make it unequivocally clear that violations of the City’s fireworks laws are based in strict liability and require no knowledge or intent element to be liable.
City of Bellflower
Ordinance No. 1431
SECTION 2. Chapter 8.16 of the BMC is revised to read as follows:
Chapter 8.16
REGULATING FIREWORKS
§8.16.010 Fireworks.Intent and Purpose.
This chapter shall govern the sale, offer for sale, use, discharge, firing, storage, handling, and use of or possession of fireworks. It is unlawful for any person to sell, offer for sale, have in his/her possession, store, fire, set off, discharge or use, or cause or permit to be sold, offered for sale, stored or possessed by such person, fired, set off, discharged or used, any fireworks unless such fireworks are classified as "safe and sane" by the State Fire Marshal (referred to as "safe and sane fireworks" in this chapter) and unless in addition all terms and provisions of the State Fireworks Law contained in Part 2 of Division 11 of the Health and Safety Code of the State of California and all provisions of this chapter are complied with. Nothing herein contained shall prohibit the public display of fireworks as authorized by Section 8.16.070 of this Code subject to the terms and provisions of the State Fireworks Law.
§ 8.16.020 Violation—Strict liability.
Violations of this chapter are strict liability offenses regardless of intent or personal knowledge of any other persons engaging in any violation of this chapter. Any person, firm, corporation or other entity that violates any portion of this chapter is subject to the enforcement provisions of Chapter 1.08 of this Code, unless otherwise stated.
§ 8.16.030 Definitions.
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of words and phrases used in this chapter:
“Responsible Person” means any person with control, possession, ownership or other legal rights to real property that is the subject of, or associated with, any act prohibited by this chapter, whether or not present during a violation. This includes, without limitation, any responsible person who allows or invites others to gather on a parcel of property that the person owns, possesses, or controls, or who organizes, supervises, officiates, conducts, controls, or is otherwise in charge of an activity on the property. “Firework” means and includes:
1. Any combustible or explosive composition or any substance or combination of substances or articles prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, whether manufactured, homemade or improvised;
City of Bellflower
Ordinance No. 1431
2. Fireworks classified by the State Fire Marshal as “dangerous fireworks” and as “safe and sane fireworks” pursuant to California Health and Safety Code Sections 12561 and 12562;
3. Any pyrotechnic device for which the State Fire Marchal requires a license to manufacture, sell, transport or operate; and
4. Firecrackers, torpedoes, skyrockets, Roman candles, cherry bombs, sparklers, chasers, snakes or other fireworks of like or similar construction and any fireworks containing any explosive or flammable compound or substance.
“Law Enforcement” means any sworn peace officer as defined by California Penal Code section 830.1 or any person designated by the City Manager to enforce this Code.
§ 8.16.040 Fireworks.
A. Notwithstanding the provisions of this Code or the Fire Code to the contrary, safe and sane fireworks may be sold within the City of Bellflower between the hours of 8:00 a.m. and 10:00 p.m. on the days of July 1, July 2, and July 3, and between the hours of 8:00 a.m. and 12:00 midnight on July 4 provided a permit has been first obtained pursuant to this chapter to do so and further provided that the terms and provisions of this Code and the State Fireworks Law are complied with at all times.
B. It is unlawful for any person to fire, set off, discharge or use, or cause or permit to be fired, set off, discharged or used any fireworks except that safe and sane fireworks may be fired, set off, discharged or used during the period between 10:00 a.m. and 11:00 p.m. on the days of July 1, July 2, July 3, and July 5, and between the hours of 10:00 a.m. and 12:00 midnight on July 4.
C. It is unlawful for any person to have in his/her possession any fireworks at any time of the year except from 8:00 a.m. on July 1 through 12:00 midnight on July 5, except that the storage within an enclosed structure of safe and sane fireworks for personal use which have been sold as a single retail package or portion thereof shall not constitute possession for purposes of this chapter. The provisions of this chapter are not applicable to public agencies or manufacturers or suppliers of fireworks for public display or storage.
Organizations to which permits have been issued may accept delivery of fireworks for stocking purposes no more than 24 hours prior to the time allotted for fireworks sales.
D. Except as provided in Section 8.16.070 8.16.100 of this Code, no person shall possess, transport, buy, offer to buy, sell, offer to sell, give, receive, fire, set off, discharge or use any fireworks not classified as "safe and sane" by the State Fire Marshal.
E. It is unlawful for any child under the age of 16 years to possess, transport, buy, offer to buy, sell, offer to sell, give, receive, fire, set off, discharge or use any fireworks classified as "safe and sane" by the State Fire Marshal, except in the presen ce of that child's parent, guardian or other adult person acting in loco parentis.
City of Bellflower
Ordinance No. 1431
F. No person shall possess, transport, buy, offer to buy, sell, offer to sell, give, receive, fire, set off, discharge or use any safe and sane fireworks in a manner likely to cause injury to life or property.
G. No person acting as the parent, guardian or other adult person acting in loco parentis for a child under the age of 16 years shall permit that child to possess, transport, buy, offer to buy, sell, offer to sell, give, receive, fire, set off, discharge or use any safe and sane fireworks in a manner likely to cause injury to life or property.
H. No person shall sell, offer to sell, give, or otherwise transfer any safe and sane fireworks to any child under the age of 16 years, except for a child accompanied by the parent, guardian or other adult person acting in loco parentis of that child.
I. Responsible person liability:
1. A responsible person is strictly liable for any violation of this chapter that occurs during a gathering on property that the responsible person owns, possesses, or controls, or in the public right-of-way immediately adjacent to property that the responsible person owns, possesses, or controls, when the responsible person is present at, or has knowledge of, the gathering.
2. A responsible person is subject to administrative citation for any violation under this chapter, regardless of personal intent or awareness of the violations.
3. It is a rebuttable presumption that any prohibited act under this chapter conducted in the public right-of-way or any public property by any person is attributable to the responsible person where such violation is conducted immediately adjacent to the responsible person’s private property.
4. A responsible person is not liable for the acts of others who violate this chapter, if the responsible person is the first to report such violations to law enforcement or fire officials for immediate assistance and before the violations are witnessed by law enforcement or fire officials.
§ 8.16.020 Permits for Sale of Safe and Sane Fireworks. § 8.16.050 Permits for Sale of Safe and Sane Fireworks.
Commencing in 2003, all applications for permit to sell at retail safe and sane fireworks shall comply with and be governed by the provisions of the State Fireworks Law and, in addition, shall be governed by the following:
A. The Director of Community Development Director of Planning and Building Services shall solicit a letter of intent in accordance with Subsection B of this section from all prior year permit holders and those on the waiting list on or prior to the first day of January in each year. Such solicitation shall be by certified mail.
City of Bellflower
Ordinance No. 1431
B. Each interested party, including prior year permittees and those on the waiting list, shall provide a letter of intent to apply for a current year permit on or prior to the first day of February in each year. Only those parties that provide such a letter of interest are eligible to apply for a permit.
C. All interested parties, who have previously submitted the required letter of intent, shall submit an application to sell at retail safe and sane fireworks on or prior to the first day of April in each year.
D. Each application shall set forth:
1. The proposed location of the fireworks stand.
2. The total amount of any compensation required to be paid to a property owner or manager for the cost of renting a location for the fireworks stand.
3. The principal and permanent meeting place of the applicant organization, the address of the meeting place and the day and time of the meeting.
4. The details of the intended charitable use of the proceeds from the sale of fireworks in a form acceptable to the Director of Community Development Director of Planning and Building Services.
5. At or before the time of issuance of permit the applicant will deliver to the City public liability insurance and products liability insurance, bonds or riders, designating the City as an additional insured, in the minimum amount of one million dollars ($1,000,000.00) per person, one million dollars ($1,000,000.00) per accident, and one million dollars ($1,000,000.00) property damage.
6. The applicant’s State Board of Equalization resale number.
7. The applicant’s retail fireworks license issued by the State Fire Marshal.
8. Such other information as deemed appropriate by the Director of Community Development Director of Planning and Building Services.
9. The signature of an authorized representative of the applicant attesting under penalty of perjury that the information contained in the application is true and correct.
City of Bellflower
Ordinance No. 1431
E. Each application must be accompanied by:
1. An application processing fee. Except as otherwise provided by applicable law, all fees applicable to this chapter, excluding business license taxes and fees, will be established by City Council resolution. Such charges will be determined by the department and be based on the actual cost incurred by the City in providing services. Such service charges will include, without limitation, charges for labor, supervision, overhead, administration and the use of any and all City equipment, and supplies.
2. A copy of the agreement with the landowner and fireworks supplier.
3. A diagram showing the exact location of the stand in relation to adjacent streets and any other structures on the lot or adjacent lots, and onsite traffic circulation.
4. A list containing a minimum of 20 of the organization’s members who either reside in the City, are employed in the City, or are owners or operators of a business or other establishment located in the City, including their names, addresses, and telephone numbers, as of the date of the application.
5. An application for a miscellaneous building permit for location and erection of a temporary structure, accompanied by the requisite permit fees as determined by separate resolution of the City Council.
6. An application for an electrical permit for any stand using an electrical power source other than a portable generator, accompanied by the requisite permit fees as determined by separate resolution of the City Council.
7. A $150 cash bond to guarantee faithful performance of the terms and provisions of this chapter, refundable upon expiration of the permit and removal of the stand, less actual costs incurred by the City as a result of the permittee’s failure to perform.
§ 8.16.030 Prerequisites to Issuance of Permits.
§ 8.16.060 Prerequisites to Issuance of Permits.
Commencing in 2003, a permit to sell safe and sane fireworks may be issued or denied in the discretion of the City Council and subject to such other reasonable conditions as the City Council determines necessary to protect the public health, safety and wel fare.
The City Council does hereby declare its intention to issue only a limited number of permits in order to prevent an unsightly or undue or unsafe concentration of fireworks stands. The following qualifications must be met in addition to the other requirements set forth in this chapter or in the State Fireworks Law, before a permit may be issued:
City of Bellflower
Ordinance No. 1431
A. Upon receipt of the report of the Fire Department, the City Council may issue permits to those persons or organizations determined by it to be responsible, and organized and existing as nonprofit or tax exempt associations as recognized by the State of California or the Internal Revenue Code primarily for patriotic, veteran, civic betterment, religious, welfare, youth or charitable purposes. No permit shall be issued to other than adult persons.
B. The applicant must be an organization which meets all of the following criteria: 1) it has its principal and permanent meeting place in the City; 2) it must have been organized and established in the City for a minimum of one year continually preceding the filing of the application for the permit; and 3) such organization must have a bona fide membership of at least 20 members who either reside in the City, are employed in the City, or are owners or operators of a business or other establishment located in the City.
C. There shall be not more than one stand per permittee. Only one permit shall be issued for any parent, principal, or master group or organization unless the City Council finds in a given case, because of the circumstances of the stand location or other factors, the intent of this chapter will not be defeated by issuing more than one permit. The intent of this requirement is to limit applicants, who otherwise qualify, to one permit as to e ach such parent or principal group or organization and to eliminate any one principal or parent group or association from having permits issued to associate, derivative, ancillary, subsidiary or support groups or entities. Nothing in this chapter shall prohibit more than one group or organization meeting all qualifications specified in this chapter from jointly applying for a fireworks permit. In such case, however, only a single permit will be issued, and no organization not previously having obtained a permit in its own right shall derive any independent right to a separate permit or to its partner organization(s)’ rights in the event a partner organization shall cease operating a stand.
D. The maximum number of permits that may be issued pursuant to this chapter during any one calendar year shall not exceed 17 in 2002 and 14 commencing in 2003.
Applications for a permit shall be heard and considered by the City Council. Except for grandfathered permits pursuant to Subsection E of this section, if the City Council should determine that there are more than 17 applications in 2002 and 14 applications commencing in 2003 which are qualified for permits, the vacancy will be filled by the next qualified applicant in the order received on the waiting list maintained by the Director of Community Development Director of Planning and Building Services.
E. Those organizations which obtained a permit in the year 2002 may, notwithstanding the provisions of Subsection (D) of this section, in the discretion of the City Council, be issued a permit until such time that said organization does not received a permit in a given year, or had such a permit revoked per Section 8.16.060(I) 8.16.090(I) of this Code, provided that the organization is qualified and is in substantial compliance under all other sections of this chapter to hold a permit for a fireworks stand.
City of Bellflower
Ordinance No. 1431
F. The Director of Community Development Director of Planning and Building Services shall establish and maintain a waiting list, in the order received, of those organizations that have expressed an interest in obtaining a permit for the sale of safe and sane fireworks when a permit becomes available.
§ 8.16.040 Operation of Stand.
§ 8.16.070 Operation of Stand.
A. Every fireworks stand shall be staffed only by members of the permittee organization(s), members of their immediate families, or volunteers and no person below the age of 18 years shall at any time be or be permitted inside of said stand or to assist in the handling or sale of fireworks.
B. No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at such stand.
C. Every organization shall be responsible to make certain that every person selling fireworks from that organization's stand shall distribute with each sale a flier from the City containing information on laws and corresponding penalties concerning fireworks.
It will be the responsibility of every organization to obtain a sufficient number of fliers from the City.
§ 8.16.050 Temporary Fireworks Stands.
§ 8.16.080 Temporary Fireworks Stands.
All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is hereby prohibited.
Temporary stands shall be subject to the following provisions:
A. No fireworks stand shall be located within 25 feet of any other building, or within 15 feet of any street curb line, or within 100 feet of any premises where flammable liquids are dispensed. For purposes of this section, "dispensed" shall mean the removal of a flammable liquid from one container and its transfer to another.
B. Fireworks stands as temporary structures shall not be subject to the terms and provisions of the Building Code applicable to the construction of permanent structures or buildings, provided, however, that all such stands are erected under the supervision of the Building Official, who shall require such stands to be constructed in a manner which will reasonably insure the safety of attendants and patrons. All utilities s hall be installed and maintained in accordance with the Building Code.
C. No stand shall have a floor area in excess of 400 square feet.
City of Bellflower
Ordinance No. 1431
D. Each stand must have at least two exits; and each stand in excess of 24 feet in length must have at least three exits, spaced approximately equal distant apart; provided, however, that in no case shall the distance between the exits exceed 12 feet.
E. Each stand shall be provided with two 2.5-gallon water-type fire extinguishers, in good working order and easily accessible for use in case of fire.
F. No vehicle will be permitted to park within 25 feet of the stand.
G. Notwithstanding any other provisions of this Code, fireworks stands may be established only in the General Commercial (CG) and Light Industrial (Ml) zones, as further described in Title 17 of this Code, and in no other zone even if the provisions of those zones are incorporated by reference, except that a permittee may establish a fireworks stand on that permittee's property provided that the property abuts a primary arterial street as defined in the Circulation Element of the Bellflower General Plan, and the stand is located no closer than 200 feet from a residential dwelling.
H. All fireworks stands shall be so located as to provide safe and reasonable ingress and egress thereto and to comply with the other provisions and terms of this section.
Said stands shall be located substantially at that place indicated on the approved permit for such fireworks stand.
I. Commencing in 2003, the total amount of any compensation paid by an organization to a property owner or manager for the cost of renting a location for placement of a fireworks stand shall not exceed $1,000 in any one year, whether paid in cash or merchandise and whether paid by the organization or other party, including a company distributing fireworks. Every five years, a cost of living adjustment (COLA) equal to the change in the Consumer Price Index between the base year index and the fifth year following the base year index for All Urban Consumers in the Los Angeles- Riverside-Orange County area will be applied to increase the maximum allowed rent.
The initial base year index will be June 2002, and will be revised every five years thereafter to June of the year in which the most recent COLA was applied. The COLA in any five year period will be rounded to the nearest multiple of $25, not to exceed 15%, and no negative COLA shall be applied.
§ 8.16.060 General Requirements for Permittees.
§ 8.16.090 General Requirements for Permittees.
A. Stands shall not be located closer than 500 feet apart, and no more than two stands shall be located on the same parcel of property. Those persons or organizations having a continuous agreement with a property owner since the year 2001 for a site which does not comply with this distance requirement may, in the discretion of the City Council, continue to utilize such site until such time that the use has been suspended or discontinued in any given year.
B. All weeds and combustible material, not including structures, shall be cleared from the location of the stand, and for a distance of at least 100 feet surrounding the stand.
City of Bellflower
Ordinance No. 1431
C. "No smoking" signs shall be prominently displayed in four inch letters, both inside and outside the fireworks stand. No person shall smoke or burn any cigarettes, cigars, pipes or things within such stand or within a distance of 20 feet surrounding such stand.
D. A sign shall be posted on the outside of each fireworks stand stating "FIREWORKS SHALL NOT BE SOLD TO PERSONS UNDER 16 YEARS OF AGE." Letters shall not be less than three inches in height.
E. Each stand must have an adult, 21 years of age or older, watchman or attendant in attendance and in charge thereof at all times while fireworks are stored therein. No cooking, living or sleeping facilities shall be established or maintained within any stand.
No watchman or guard shall sleep inside any such stand.
F. All unsold stock and accompanying litter shall be removed from the location by 12:00 noon on the fifth day of July.
G. No fireworks stand shall be installed prior to 12:00 noon on June 21 and each such stand shall be removed from the temporary location by 12:00 noon on the tenth day of July and all accompanying litter, debris, building materials, utility connections, and o ther facilities or equipment or materials shall be cleared from said location by said time and date.
H. All permits and licenses shall expire at 12:00 midnight on the fourth day of July each year.
I. Any permit or license shall be subject to immediate suspension by order of the Director of Community Development Director of Planning and Building Services if he or she or his/her duly authorized deputy has determined that any permittee has failed to comply with the terms and provisions of this Code or any condition of the permit. Within 24 hours of the suspension, the City Manager or his/her designee shall hold a hearing to receive evidence from the Los Angeles County Sheriff's Department, Los Angeles County Fire Department, Director of Community Development Director of Planning and Building Services or his/her designee and/or the permittee, and determine the facts of the case. Any such permit or license may be revoked by the City Manager when it is found and determined that a permittee has failed to comply with the terms and provisions of this Code or with any of the conditions of said permit or where the City Manager has found and determined that the preservation of the public health, safety, peace and welfare demand revocation of said license or permit, or where a permit or license has been granted on false or fraudulent evidence, testimony or application. In all such cases, the decision of the City Manager will be final.
J. No less than 100% of the gross proceeds derived from the sale of fireworks in the City, less only expenses related to the cost of purchasing the fireworks actually sold and costs incurred in complying with this chapter, shall be spent to benefit patriotic, veteran, civic betterment, religious, welfare, youth or charitable purposes. An accounting of gross receipts, all expenditures and the use of the net profits, along with a copy of the corresponding State sales tax report, shall be presented to the Director of Community Development Director of Planning and Building Services no later than April 1 of the following year. Said report must be in a format acceptable to the Director of Community Development Director of Planning and Building Services . Organizations failing to submit an acceptable accounting, both as to form and content, may be denied a permit.
City of Bellflower
Ordinance No. 1431
§ 8.16.070 Public Display of Fireworks.
§ 8.16.100 Public Display of Fireworks.
Notwithstanding the provisions of Sections 8.16.010 through 8.16.060 8.16.090 of this Code, public display of fireworks, as defined in the State Fireworks Law, may be conducted subject to all of the terms and provisions therein contained provided that a permit therefor has been granted by the City Council. Such public displays, in a ddition, shall be subject to all rules and regulations contained in the Fire Code.
SECTION 3. Environmental Assessment. The City Council finds that the Ordinance is not subject to review under the California Environmental Quality Act (“CEQA”) under CEQA Guidelines §15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. Adopting this Ordinance will not have the effect of deleting or substantially changing any regulatory standards or required findings. This Ordinance would not result in any development or changes to the physical environment. Following an evaluation of possible adverse impacts, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment.
SECTION 4. Validity of Previous Code Sections. If the entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the BMC or other regulation by this Ordinance will be rendered void and cause such BMC provision or other regulation to remain in full force and effect for all purposes.
SECTION 5. Reliance on Record. Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the subject matter. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SECTION 6. Limitations. The City Council’s analysis and evaluation of the subject matter s based on the best information currently available. It is inevitable that , in evaluating a subject matter, absolute and perfect knowledge of all possible aspects of the subject matter ill not exist. One of the major limitations on analysis of the subject matter is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on the City’s ability to solve what are in effect regional, state, and National problems and issues.
The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 7. Preservation. Repeal or amendment of any previous Code Sections does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
City of Bellflower
Ordinance No. 1431
SECTION 8. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Ordinance are severable.
SECTION 9. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Bellflower’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 10. Effective Date. This Ordinance will become effective on the 30th day following its passage and adoption.
ORDINANCE NO. 1431 HAD ITS FIRST READING ON MAY 13, 2024, ITS SECOND READING ON ____________, AND WAS DULY PASSED, APPROVED, AND
ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF ___________.
Dan Koops, Mayor
ATTEST:
_____________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
______________________________________
Timothy E. Campen, Assistant City Attorney