ORDINANCE NO._____
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO PERTAINING TO DEFINITIONS AND PENALTIES FOR VIOLATION OF CHAPTER 8.20 OF THE
EAST PALO ALTO MUNICIPAL CODE AND SETTING FORTH THE FACTS CONSTITUTING SUCH
URGENCY
WHEREAS, dangerous and unregulated fireworks are a Health & Safety Code concern to all members of the East Palo Alto community and their visitors; and WHEREAS, fireworks pose a serious risk of fire under conditions that continue to demonstrate extraordinary risk of damaging fire, in the wake of a year that saw significant damage from wildfires in the immediate region, with predicted continued weather and low moisture conditions in the future related to a severe drought; and WHEREAS, there is a demonstrated need for enforcement tools with which emergency responders can hold those posing a significant risk to public health and safety to the possession and detonation of fireworks in the city; and WHEREAS with the Fourth of July holiday approaching, the serious risk of fire conditions that is present in the City of East Palo Alto and the serious risk of fireworks related injuries stemming from increased use of fireworks, there is an urgent and immediate need to prohibit all fireworks within the City and to provide for significant enforcement penalties in order to protect the threat to public health, safety, and welfare;
NOW THEREFORE, IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO AS FOLLOWS:
SECTION 1. Declaration of Threat to Public Health, Safety, and Welfare Necessitating Urgency Ordinance.
The City Council of the City of East Palo Alto hereby finds and declares that there is a current and immediate threat to the public health, safety and welfare and a need for the immediate preservation of the public health and safety that once this urgency ordinance, which findings and declaration is based upon the facts, findings, and declarations stated in the Recitals of this Ordinance.
SECTION 2. This Ordinance shall become effective immediately upon its adoption by a 4/5 vote of the City Council of the City of East Palo Alto pursuant to section 36937 (b) of the California Government Code.
SECTION 3. Section 8.20.100 of the East Palo Alto Municipal Code is hereby amended to add the definition of “Host” to read as follows:
“Host” means a person who either:
1. Is in charge of private property, including, but not limited to, an owner, tenant, landlord, or property manager of the property; or
2. Organizes, supervises, officiates, conducts, controls, or is otherwise in charge of the activity on the property.
SECTION 3. – Section 8.20.060 – Enforcement is hereby added to Chapter 8.20 of the East Palo Alto Municipal Code to read as follows:
“Enforcement.”
1. The Chief of Police or designee shall seize, remove or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored, or held in violation of this Chapter.
2. Violation of this Chapter shall be deemed a public nuisance and may be abated pursuant to the provisions of Chapter 1.14 of the East Palo Alto Municipal Code. Additionally, the City may bring a civil action against the violator of this Chapter to abate, enjoin, or otherwise compel the cessation of the violation of any provision of this Chapter.
3. Administrative citation. Upon identification of a violation of this Chapter, any enforcement officer may issue an administrative citation or a notice of violation. The administrative fine shall be one thousand dollars ($1, 000) for each citation issued to any person who violates this Chapter.
4. Misdemeanor. In addition to the penalties prescribed above, any person who violates this Chapter shall also be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1 000.00), imprisonment in the County Jail for a period not exceeding six months, or both.
5. Penalties Not Exclusive. The penalties set forth above are not intended to be exclusive of other penalties and remedies and are included to be in addition to any other remedies provided in this Code or any other law, statute, ordinance or regulation, including, without limitation, the California Health and Safety Code or California Penal Code with regard to the sale, use, possession, delivery, storage, and/or transportation of fireworks.
6. Response costs. Any person who has been issued a second administrative citation and/or written notice of violation under this Chapter within a 12 – month period may, in addition to the penalties provided for in this Chapter 8.20, also may be held liable for response costs incurred in responding to a violation of this Chapter 8.20. All violators shall be jointly and severally liable for the response costs incurred.
SECTION 4. Severability.
If any provision or clause of this ordinance or the application thereof to any person or circumstance is held to be unconstitutional or would be otherwise invalid by a final judgment of any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or application of the provisions of this ordinance, and to this end, the provisions in clauses of this ordinance are declared to be severable.
SECTION 5. California Environmental Quality Act.
The City Council finds that the adoption and implementation of this Ordinance are exempt from the provisions of the California Environmental Quality Act under section 15061 (b) (3) in that the City Council finds there is no possibility that the implementation of this Ordinance may have significant effects on the environment.
PASSED AND ADOPTED as an urgency ordinance of the City of East Palo Alto at a regular meeting of the City Council on the 21st day of June, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________
Ruben Abrica, Mayor
ATTEST:
___________________
James Colin, Acting City Clerk