CITY OF COMMERCEAGENDA REPORTCITY OF COMMERCEAGENDA REPORT
CITY OF COMMERCE
AGENDA REPORT
CITY OF COMMERCE
AGENDA REPORT
TO: Honorable City Council
FROM: City Manager
SUBJECT: Second reading of Ordinance Amending Chapter 5.10 (“Use and Sale of Safe and Sane Fireworks”) of Tile 5 and Title 16 of the Commerce Municipal Code by adding a new Chapter 16.05 prohibiting the possession, sale, and/o discharge of dangerous fireworks and establish penalties (Second Reading) Meeting Date: June 25, 2024
RECOMMENDATION:
The City Council will consider introducing for a second reading, waiving the full reading of the Ordinance and reading by title only an Ordinance Amending Chapter 5.10 (“Use and Sale of Safe and Sane Fireworks”) of Title 5 and adding a new Chapter 16.05 to Title 16 of the Commerce Municipal Code prohibiting the possession, sale, and/or discharge of dangerous fireworks and establishing penalties for violations of Chapter 16.05 (Second Reading); BACKGROUND:
Like many other communities in the region, the City of Commerce (“City”) has experienced an increase in the number of calls for assistance related to the possession, sale, and/or discharge of dangerous fireworks, not only during Fourth of July celebrations, but year-round. While the City has the authority to regulate the use of fireworks within its boundaries, the Commerce Municipal Code (“CMC”) does not expressly prohibit the use of “dangerous fireworks” as defined by California Health & Safety Code (“HSC”) section 12505. The proposed ordinances will amend Chapter 5.10 (“Use and Sale of Safe and Sane Fireworks”) of Title 5 (“Business Regulations and Licensing”) and adding a new Chapter 16.05 to Title 16 by expressly prohibiting the possession, sale, and/or use of dangerous fireworks and establish penalties for any persons found to be in violation. Urgency Ordinance No. 24 – XXX will allow for immediate implementation before the Fourth of July holiday. Ordinance No. 24-XXX will ensure the amendments to the CMC are applicable long-term.
ANALYSIS:
Under California law, fireworks are divided into two categories—(1) “safe and sane”; and (2) “dangerous.” (HSC § 12500, et seq.). 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.
According to statistics published by the United States Consumer Safety Commission, in 2020, the most recent year for which statistics are available, there was a spike in firework injuries across the country with a total of 15,600 people treated in emergency rooms—a staggering 50% increase in deaths and injuries compared to 2019. Not surprising, 66% of the injuries occurred in the month of July, specifically the days leading up to and after the July 4th holiday.
Article XI, Section 7, and HSC § 12541, give authority to cities to regulate the use of fireworks within their respective jurisdictions. While some neighboring cities completely outlaw the use of any fireworks within their boundaries, the City has found that a complete ban is overly intrusive to an ordinary citizen’s ability to express patriotism during the Fourth of July season. Chapter 5.10 (“Use and Sale of Safe and Sane Fireworks”) of the CMC, currently allows for the use of safe and sane fireworks and issues permits to qualifying vendors each year. However, the CMC does not expressly prohibit the use of “dangerous” fireworks. For this reason, it has been determined that an amendment to the CMC expressly prohibiting the use of dangerous fireworks and establishing the penalties related to the violation of the sale, possession, and/or use of dangerous fireworks is necessary to protect the health and safety of residents.
At the June 11, 2024, the City Council unanimously approved an Urgency Ordinance to provide immediate enforcement tools in advance of this coming July Fourth holiday. An urgency ordinance pursuant to Section 36937(b) of the Government Code is authorized where the City Council can make findings necessary to establish that there is a need for the immediate preservation of the public peace, health or safety and passed by a four-fifths vote.
In addition, the First reading of the regular ordinance was also unanimously approved at the June 11, 2024, meeting. Adoption of a regular ordinance is needed to ensure an enduring ability to enforce against this potentially dangerous activity for subsequent fireworks seasons to come.
Adoption of urgency ordinance allowed immediate implementation and Ordinance No. 24 -XXX would allow for amendments to Chapter 5.10 (“Use and Sale of Safe and Sane Fireworks”) and add a new Chapter 16.05 to Title 16 that would generally accomplish the following:
Define the term “dangerous fireworks”;
Prohibit the sale, possession, and/or use (discharge) of dangerous fireworks within the City; and Establish the fines and penalties for any person who is found to be in violation of Chapter 16.08 to One Thousand Dollars ($1,000.00) for the first offense, Two Thousand Dollars ($2,000.00) for the second offense, and Five Thousand Dollars ($5,000.00) for the third and subsequent offense within a twelve-month period —with each violation regarded as a new and separate offense.
Staff is recommending the City Council consider adoption Ordinance No, 24-XXX, by title only (waiving full reading thereof) and direct staff to schedule Second Reading on the date set forth above.
ALTERNATIVES:
Approve staff recommendation
Disapprove staff recommendation
Provide further direction to staff
FISCAL IMPACT:
There is no budget impact associated with this item other than the cost of investigating and enforcing violations.
RELATIONSHIP TO STRATEGIC GOALS:
The recommended action will further the City’s Strategic Goal to work in partnership with all of our communities to achieve safe and livable neighborhoods.
Approved as to form: Noel Tapia, City Attorney
Respectfully submitted: Ernie Hernandez, City Manager
ATTACHMENT:
Ordinance
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