ORDINANCE NO. 24 –__________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMMERCE, CALIFORNIA, AMENDING CHAPTER 5.10 (“USE AND SALE OF SAFE AND SANE FIREWORKS”) OF TITLE 5 (“BUSINESS REGULATION AND LICENSING”) AND TITLE 16 (“FIRE PREVENTION”) OF THE COMMERCE MUNICIPAL CODE BY ADDING A NEW CHAPTER 16.05 TO PROHIBIT THE POSSESSION, SALE, AND/OR DISCHARGE OF DANGEROUS FIREWORKS AND ESTABLISH PENALITIES WHEREAS, pursuant to the City of Commerce’s (“City”) police powers set forth under the California Constitution Article XI, Section 7, and California Health & Safety Code (“HSC”) section 12541, the City has authority to regulate the sale of fireworks within its boundaries; and WHEREAS, under California law, fireworks are divided into two (2) categories: “dangerous” and “safe and sane” fireworks (HSC § 12500, et seq.); and WHEREAS, only “safe and sane” fireworks are sold in California for private use because they are considered less dangerous to individuals and pose less of a risk of causing fire and damage to property since such fireworks do not fly, explode, shoot projectiles, travel, or leave the ground, and such fireworks usually exclude very large fireworks or other dangerous devices like rockets and aerial shells; and WHEREAS, pursuant to the City of Commerce Municipal Code (“CMC”) Title 5 (“Business Regulations and Licensing”), Chapter 5.10 (“Use and Sale of Safe and Sane Fireworks”), the sale of safe and sane fireworks is permitted within the City during the period of June 28th (noon) through midnight on July 5th with a City-issued fireworks sales permit; and WHEREAS, the City has long prohibited the misuse of safe and sane fireworks, however, the sale, possession, and use of “dangerous” fireworks, which are defined as all fireworks other than those fireworks defined as “safe and sane” fireworks under HSC § 12574, is not explicitly prohibited by the CMC; and WHEREAS, over the past years, the use of dangerous fireworks has increased noise levels and damage to property, placing at risk the health and safety of residents who often turn to the County of Los Angeles Sheriff’s Department (“Sheriff’s Department”) and City Code Enforcement staff for assistance; and WHEREAS, a complete ban of fireworks is unnecessary and overly intrusive to an ordinary citizen’s ability to express patriotism during the Fourth of July season; and WHEREAS, in order to reach a reasonable compromise and preserve public peace, health, and safety, the Council of the City of Commerce (“City Council”) finds it necessary to enact this Ordinance to expressly prohibit the sale and use of dangerous fireworks and increase the penalties associated with the possession, offer for sale, sale, use, display, explosion, ignition, or discharge of dangerous fireworks.
WHEREAS, this Ordinance is necessary to provide the City and the Los Angeles County Sheriff’s Department with clear legal authority to protect the public and deter criminal activity.
THE CITY COUNCIL OF THE CITY OF COMMERCE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. Section 5.10.010 (“Fireworks – Time for sale and discharge of”) of Chapter 5.10 (“Use and Sale of Safe and Sane Fireworks”) of the CMC is hereby amended to read as shown in Exhibit “A”, attached hereto and incorporated herein by this reference.
Section 2. Title 16 (Fire Prevention) of the CMC is hereby amended by adding a new Chapter 16.05 read as shown in Exhibit “B”, attached hereto and incorporated herein by this reference.
Section 3. The City Council finds this Ordinance is not subject to CEQA pursuant to Section 15060(c)(2) of the CEQA Guidelines because the activity has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment, and pursuant to Section 15060(c)(3) of the CEQA Guidelines because the activity is not a project as defined in Section 15378 of the CEQA Guidelines.
Section 4. If any section, subsection, paragraph, sentence, clause, or phrase of this Chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council declares that it would have adopted this Chapter, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
Section 5. This Ordinance shall take affect thirty (30) days after its adoption. The City Clerk is directed to certify to the enactment of this Ordinance and to cause this ordinance to be published and/or posted as required by law.
PASSED, APPROVED, AND ADOPTED this __________ day of _______. ______________________________
Hugo A. Argumedo
MAYOR
ATTEST:
______________________________
Lena Shumway,
CITY CLERK
EXHIBIT A
Urgency Ordinance No. XXXX
Title 5
BUSINESS REGULATIONS AND LICENSING
Chapter 5.10
Use and Sale of Safe and Sane Fireworks
Amendments to Sections
5.10.010
Fireworks – Time for sale and discharge of
(Deletions have Strikethrough)
5.10.010 Fireworks – Time for sale and discharge of
Safe and sane fireworks as defined by Section 12504 of the Health and Safety Code of the State of California may be sold and discharged within the city during the period beginning at twelve noon on the twenty-eighth day of June, ending at twelve midnight on the fifth day of July each year pursuant to the provisions of this chapter and not otherwise.
EXHIBIT B
Urgency Ordinance No. XXXX
Title 16
FIRE PREVENTION
New Chapter
Chapter 16.05
Fireworks
Chapter 16.05 – Fireworks
16.05.010 Prohibited Conduct
This section shall govern the use, discharge of, firing or possession of fireworks and it shall be unlawful for any person to sell, offer for sale, have in his possession, fire, set off, discharge or use, or cause or permit to be sold, offered for sale, have in his possession, fire set off, discharge, or use any fireworks unless classified as “safe and sane” by the State Fire Marshal 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 are complied with. Nothing herein contained shall prohibit the public display of fireworks as authorized by Section 16.05.020 of this Chapter subject to the terms and provisions of the State Fireworks Law. For the purpose of this Chapter, “dangerous fireworks” shall mean all fireworks other than safe and sane fireworks, and include, but are not limited to, those fireworks defined in Section 12505 and 12561 of the California Health and Safety Code.
It shall be unlawful for any person to fire, set off, discharge or use, or cause or permit to fire, set off, discharge or use any fireworks except for “safe and sane” fireworks during the period between 8:00 a.m. and 10:00 p.m. from June 28th through July 5th, and between 8:00 a.m. and 11:00 p.m. on July 4th.
It shall be unlawful for any person to have in his or her possession any fireworks except “safe and sane” fireworks from 12:00 p.m. noon June 28th through 12:00 a.m. midnight on July 5th. The provisions of this subsection are not applicable to public agencies or manufacturers or supplies of fireworks for public display or storage.
Any resident, occupant, or person in control of premises on which dangerous fireworks are found or from which fireworks are illegally discharged shall be subject to the same civil liability or criminal penalty that may be imposed pursuant to City regulations on the person selling, discharging, using or possessing such fireworks, as applicable, provided that the person selling, discharging, using, or possessing such fireworks is on such premises by invitation of or with consent of such resident, occupant or person in control of such premises.
It is unlawful for any person to sell, offer for sale, or display for purposes of sale any dangerous fireworks within the city.
16.05.020 Public Display of Fireworks
Notwithstanding the provisions of Section 16.05.010, public display of fireworks, as defined in the State Fireworks Law, may be conducted subject to all of the terms and provisions therein contained and only if a permit therefor has been granted by the Fire Chief and the City Council. Such public displays, in addition, shall be subject to all rules and regulations contained in the Fire Prevention Code.
16.05.030 Penalty
Violation of this chapter shall constitute a misdemeanor, and may be prosecuted criminally or administratively pursuant to the provisions of this code. If the violation is prosecuted criminally, the maximum penalty shall be a fine not to exceed one thousand dollars, imprisonment not to exceed six months, or both. If the violation is prosecuted administratively, the penalties for a violation of this chapter shall be as follows:
The first violation of this chapter shall be subject to a fine of one thousand dollars.
The second violation of this chapter within a twelve-month period shall be subject to a fine of two thousand dollars.
The third and subsequent violations of this chapter within a twelve-month period shall be subject to a fine of five thousand dollars.
Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this chapter, or of any law or regulation referenced herein, is allowed, committed, continued, maintained, or permitted by such person, and shall be punishable accordingly.
Whenever in this chapter any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.
The penalties set forth herein are cumulative and in addition to all other remedies, violations, and penalties set forth in this chapter, this code, or in any other ordinance, laws, rules or regulations of the city, county, or the state.
Ordinance No. 24–__________ Page PAGE 6
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