CITY OF HIGHLAND
CITY COUNCIL AGENDA I
Special Meeting
May 7, 2025 at 6:00 PM
City Hall Donahue Council Chambers
27215 Base Line, Highland CA 92346
COUNCILMEMBERS
Penny Lilburn, Mayor
District 3
Larry McCallon, Mayor Pro Tern
District 5
Gregory Hogan, Councilmember
District 1
Jimmy Saldana, Councilmember
District 2
John P. Timmer, Councilmember
District 4
STAFF
Carlos Zamano, City Manager
Lawrence Mainez, Community Development Director
Leticia Nava -Cruz, Director of Administrative Services/ City Treasurer Octavio Duran Jr., Public Works Director/ City Engineer Maricela Marroquin, City Attorney
Alondra Munoz, City Clerk
MISSION STATEMENT
Highlandis dedicatedto thebettermentoftheindividual, thefamily, theneighborhoodandthecommunity.
TheCityCouncilandthestaffofHighlandarededicatedtoprovidingthequalityofpublicfacilitiesand services that its citizens are willing to fund and will do so as efficiently as possible. 909) 864- 6861 www. cityotnigniana. org
1 City Council Special Meeting Agenda May 7, 2025
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CITY COUNCIL SPECIAL MEETING
MAY 7, 2025 - 6: 00 p. m.
NOTICEIS HEREBYGIVENthata specialmeetingof the HighlandCityCouncilis herebycalled to beheldon May7, 2025, at6:00p.m. intheCityCouncilChambersof CityHalllocatedat 27215 Base Line, Highland, California. Said special meeting shall be for the purpose of conductingbusinessin accordancewiththe attachedAgenda.
CALL TO ORDER
ROLL CALL
PUBLIC COMMENT (LIMITED TO ITEMS ON THIS AGENDA ONLY
ToaddresstheCityCouncil, pleasecompleteaspeakerformlocatedattheentranceandgive ittotheCityClerkpriortothebeginningofthemeeting. Yournamewillbecalledwhenitisyour turnto speak. StateLawprohibitsthe City Councilfromactingon any item not on the agenda.
Individual speakers are limited to three ( 3) minutes each.
Forthosewishingto makepubliccommentsby email, pleasesubmityourcommentsby 5:00 p. m. on May 7, 2025, to the City Clerk at publiccomment(a cityofhighland.org. If you are submittingapubliccommentpertainingtoanitemontheMay7, 2025agenda, pleaseidentify the agenda item number in the subject line.
CITY COUNCIL PUBLIC HEARING
The order of business for Public Hearings shall be:
1) Mayor opens Public Hearing;
2) Staff presentation;
3) Applicant/ Representative presentation;
4) Speakers in favor of proposal;
5) Speakers in opposition to proposal;
6) Applicant rebuttal;
7) Mayor closes Public Hearing;
8) Council discussion, motion and vote.
Once the Public Hearing is closed, no further testimony is taken.
2 City Council Special Meeting Agenda May 7, 2025
Ordinance Amending the City' s Fireworks Regulations to Increase the Fines and Authorize the Enhancement of Enforcement Efforts ( HMG Chapter 1. 20, Arrest and Citation Procedures, Chapter 2. 56, Administrative Citation Process, and Chapter 8. 58, Fireworks)
RECOMMENDATION: The Public Safety Subcommittee recommends the City Council:
1) Introduce and conduct first reading of City Council Ordinance No. , amending Chapter 1. 20, Arrest and Citation, Chapter 2. 56, Administrative Citation Process, and Chapter 8. 58 of the Highland Municipal Code to increase the administrative fine as allowable under the State Fireworks Law for use of illegal fireworks, and other amendments to authorize enhanced code enforcement efforts; and 2) Direct staff to file a Notice of Exemption with the County Clerk of the Board of Supervisors.
CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957. 6 regarding the following:
Agency Negotiator: Carlos Zamano, City Manager
Employee Organization: Unrepresented employees
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Pursuant to Government Code Section 54956. 9 ( d)(2) regarding the following:
Significant exposure to litigation: One case.
ADJOURN
I, Alondra Munoz, City Clerk, certify I caused to be posted this Agenda on or before May 5, 2025 by 5:30 p.m., on our website at www. cityofhighland. org and in the following designated areas:
Highland Branch Library ( 7863 Central Avenue), Fire Station No. 1 ( 26974 Base Line), and City Hall ( 27215 Base Line).
Date: May 5, 2025
3 STAFF REPORT
TO THE CITY COUNCIL
DATE: May 7, 2025
FROM: Carlos Zamano, City Manager
PREPARED BY: Lawrence A. Mainez, Community Development Director Maricela Marroquin, City Attorney
SUBJECT: Ordinance amending the City' s Fireworks regulations to increase the fines and authorize the enhancement of
enforcement efforts ( HMC Chapter 1.20, Arrest and Citation Procedures, Chapter 2. 56, Administrative Citation Process, and Chapter 8. 58, Fireworks).
RECOMMENDATION: The Public Safety Subcommittee recommends the City Council:
1. Introduce and conduct first reading of City Council
Ordinance No. amending Chapter 1.20, Arrest
and Citation, Chapter 2. 56, Administrative Citation
Process, and Chapter 8. 58 of the Highland Municipal
Code to increase the administrative fine as allowable
under the State Fireworks Law for use of illegal
fireworks, and other amendments to authorize
enhanced code enforcement efforts.
2. Direct staff to file a Notice of Exemption with the County Clerk of the Board of Supervisors.
FISCAL IMPACT: The fiscal impact associated with the proposed amendments to the Highland Municipal Code related to Fireworks enforcement are negligible, and the related fines collected help to offset the City' s enforcement efforts. Staff is recommending the related fine be increased to $ 2, 000. 00 which is the maximum allowable in accordance with State Fireworks Law ( Health & Safety Code 12700( a)).
PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011-047 and on the City's website.
Approved Motion Second Agenda Item No.
Denied Ayes
Continued Noes File No.
Tabled Abstain
Absent
1, 7
City rk CiTymanager
1 BACKGROUND: This item for consideration is proposed by the City Manager as a follow up to recentmeetingswith other localjurisdictionsinvolvingillegalfireworks enforcement efforts. These amendments are also consistent with the past directive given by the PublicSafetySubcommitteeto lookinto increasingthe finesfor illegalfireworks.
In 2013, the City of HighlandCity Counciladopted OrdinanceNo. 377, prohibitingthe possession, sale, storage, manufacturing, and use of fireworks in the City' s corporate boundaries. In 2020, the City CounciladoptedOrdinanceNo. 444, amendingthe City's Fireworks Ordinance to eliminate some ambiguities, and stipulating the first administrative citation shall be in the amount of $ 1, 000. 00 ( not the $ 100.00 as initially required in the Municipal Code), and all subsequent administrative citations shall also be $ 1, 000. 00.
Fireworks Prohibition
The City of Highland Municipal Code, Chapter 8. 58, Fireworks, Section 8. 58. 020 Prohibition), states "no person shall have in his or her possession, or keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give or transport, any fireworks, dangerous fireworks or safe and sane fireworks, except for use as agricultural and wildlife fireworks or for use during a public display of fireworks pursuant to a permit obtained underthe provisionsof Sections12640thought12654of the CaliforniaHealthand Safety Code, and this code."
Public Displays — Permit Required
The Highland Municipal Code Chapter 8.58, Section 8.58.030 (Displays) allows the use of publicdisplaysof fireworkswith a permitissuedby the Fire Chiefand PoliceCaptain. In yearspast, theCityhasalsorequireda SpecialEventPermitto be approvedbytheCity Council due to the size of the attendees and impacts to surrounding neighborhoods ( i.e., public display held at Immanuel Baptist Church).
Seizures and Disposal
The Highland Municipal Code authorizes the Fire Chief and Police Captain, and their authorized representatives to seize, take, remove, store and dispose of any fireworks, dangerous fireworks and safe and sane fireworks. The City' s representatives may charge anypersonwhosefireworksareseizesareasonableamountsufficienttocoverthecostsof transporting, storing, handlinganddisposingoftheseizedfireworks (HMCSection8.58.050).
Penalties and Fines
Anyone who violates the provision of the City's Municipal Code Chapter 8.58, is subject to prosecutionaseitheran infractionor a misdemeanor (HMCSection8.58.060(A)). A violation of the City's currentMunicipalCodeChapter8.58, is subjectto anadministrativefine inthe amount of $ 1, 000. 00 for each violation ( HMC Section 8. 58. 060 ( B)). The Public Safety Subcommittee is recommending the related fine be increased to $ 2, 000. 00 which is the maximum allowable in accordance with State Fireworks Law ( Health & Safety Code 12700( a)).
Comparison with other Agencies:
The following is a summary of fines charged by other surrounding agencies. It should be noted staff did not conduct an in-depth analysis of each agency enforcement process comparatively with the City's Municipal Code, but rather the following information was obtained from the agency's websites for the Subcommittee's information. 2 City: Fine:
City of Banning Up to $ 1, 000. Subsequent fine of $ 1, 000.
City of Beaumont 1, 000 for 1st violation, $ 2, 500 for 2nd, $5, 000 for each additional.
City of Calimesa Up to $ 1, 000. Subsequent fine of $ 1, 000.
City of Colton * 4, 000 for 1st violation, $ 6, 650 for 2nd.
City of Fontana* 2, 750 for 1st violation, $ 5, 500 for 2nd, $ 11, 000 for 3rd City of Grand Terrace* 2, 750 for 1st violation, $ 5, 500 for 2nd, $ 11, 000 for 3rd City of Highland 1, 000. 00 fine for each violation.
City of Loma Linda 100 for 1st violation.
City of Ranch Cucamonga 1, 000 for each violation.
City of Redlands Refers to California Health and Safety Code limits.
City of San Bernardino* Illegally selling or using "safe and sane" fireworks fined $ 1, 000 for 1st, $ 2, 500 for 2nd, and $ 5, 000 for each additional. Illegal selling or using "dangerous" fireworks will be fined $2, 500 for 1st 5, 000 for 2nd, and $ 10, 000 for each additional. Also, City has a 250 reward program.
County of San Bernardino* Fines up to $ 1, 250.
City of Yucaipa 100 for 1st violation.
Note: * indicates the city permits "safe and sane" fireworks in designated areas.
Proposed Pilot Program for July 4, 2025
Staff is proposing to initiate a pilot program this year modeled after the City of Bellflower fireworks enforcement effort. In short, this pilot program will involve the City Manager, Executive Staff ( Directors), and Code Enforcement Officers driving around the city during the evening of July 4thand documenting by dashcam video and use of written forms to identify illegal firework activities. The following week, staff will use the video and forms to prepare administrative citations. The administrative citation will be mailed directly to the property owner where the illegal firework activity was identified. No contactwill be madewith violators during the driving enforcement effort due to safety concerns.
Although the City of Bellflower is less than half the size of the City of Highland (6.1 square miles vs 18 square miles), they have more households ( 23,000 vs 17,000), and 60 percent of their households are rental units compared to Highland' s 35 percent or more. The City of Bellflower staff advised Highland that during the adoption of its Ordinance their Council felt thatpropertyownersandownersof rentalunitsshouldplaya criticalrolein preventingillegal fireworks ( therefore they only cite property owners as the party responsible). It is important to note that the City of Bellflower does allow "safe and sane" type fireworks. In terms of the Cityof BelflowerJuly4thenforcementeffort, theyrentfour (4) vehicles (unmarkedvehicles) so they do not draw attention during the July 4thenforcementeffort, and they attach dashcams to the rearview mirrors to capture illegal fireworks activity. Each vehicle is occupied with at least two people, one to safely drive around the city, and one to ensure the dashcam isfunctioning and the violation location is correctly documented on the associated forms. The videos and forms are then used to mail out citations within a few days after the 4th of July enforcement effort. The following is some of the enforcement stats the City of Bellflower provided to Highland. They also advised staff that they were able to collect up to 70% of the fines issued after excluding citations where the video and documents were not clear or when appeals were successful.
3 On July 41h2022: 108Administrative Citations issued (fines collected - $108, 000. 00).
On July 4th2023: 128Administrative Citations issued (fines collected - $165, 000. 00).
On July 4th2024: 131Administrative Citations issued (fines collected - $112, 000. 00).
ANALYSIS: The following items outlined below were presented to the Public Safety Subcommittee and are provided for City Council for consideration as it related to the subject Ordinance.
1. Use of Dashcam recordings as evidence to enhance the City' s enforcement efforts related to illegal fireworks.
In consultation with the City Attorney, it was determined that the use of a dashcam is permissible. Generally, in administrative and civil enforcement proceedings, evidentiary standards are more flexible than in criminal trials. Administrative citations are generally subject to the preponderance of the evidence standard, requiring that the evidence shows it is more likely than not that the claim is true. According to case law a video is the equivalent of a " writing", provided it is authenticated. A code officer can authenticate a video by their presence on scene while it is recorded. This test (requirement) will be met duringthe Highlandpilot projectbecausea CodeEnforcementOfficerwill be assigned their own dashcam and will take custody as evidence within the code files and used to support the issuance of a citation. The Public Safety Subcommittee supported the use of dashcams as part of the City' s proposed enforcement pilot program.
2. Mailing an Administrative Citation in lieu of in -person service.
In consultation with the City Attorney, it was determined that the City can mail administrative citations. However, after review of the City' s citation procedures, specifically Municipal Code Sections 2.56.040 and 2.56.050, itwas determinedthat there is ambiguity related to whether mailing a citation alone is sufficient. Therefore, the subject Ordinance amends the municipal code to clarify the procedure required to issue citations. The Public Safety Subcommittee supported mailingof citationsas partof staff's proposed enforcement pilot program. Additional clean-up revisions were made to these sections to clarify the process for service.
3. Maximizing the fine for fireworks violations.
In consultation with the City Attorney, it was determined that the statefireworks law under Health and Safety Code Section 12700(a) the maximum fine the Citycan issueis $2,000.
As noted above, the current fine stipulated in the City' s municipal code Section 8.58. 060 is $ 1,000, therefore a municipal code amendment is required to increase the fine to 2, 000. The Public Safety Subcommittee supported the proposed fine increase.
4. Process to ensure Ordinance will take effect prior to July 4tn Adoption of an ordinance must be introduced as a first reading at a City Council hearing, followed by a second reading and adoption at a separate City Council hearing. The ordinance would then take effect 30 days after its adoption. Under this scenario, staff could prepare an ordinance to amend the municipal code and present the first reading at the May 13thCity Council hearing date. The second reading would be presented at the June 10thCity Council hearing date, and the ordinance would take effect 30 days after or on July 10th. That being said, this normal approach would not work since the ordinance 4 would take effect after the July 4thholiday andjeopardize the proposed enforcement pilot program. The following option was supported by the Public Safety Subcommittee to ensure the staff's proposed enforcement enhancement effort is implemented under an adopted ordinance in full effect.
Alternative Municipal Code Amendment Process Option:
Hold a " Special" meetingat least five (5) days beforethe May 13thCity Council meeting (before May 8th) and then conduct a second reading and ordinance adoption on May 13th. The ordinance would then go into effect on June 12th Attachments:
A Minutes from the April 23, 2025, Public Safety Subcommittee meeting.
B Draft Ordinance No. , amending the penalties and procedures for issuing a citation for violating the citywide prohibition on fireworks. 5 ATTACHMENT A
Minutes from the April 23, 2025, Public Safety Subcommittee meeting. 6 Public Safety Subcommittee Minutes April 23, 2025
CALL TO ORDER
The Public Safety Subcommittee special meeting was called to order at 11:00 a.m. in the Upright Conference Room, 27215 Base Line, Highland, California.
ROLL CALL
Present: Lilburn, Saldana
Absent: None
PUBLIC COMMENT
MemberLilburnread publiccommentreceivedfrom MelAbeytasupportingthe City of Highland Code Enforcement.
Fred Yauger spoke in support of staff' s recommendations.
BUSINESS ITEMS
Minutes - December 20, 2022 Meeting
Approved Minutes as submitted.
2. Discussion of City of Highland Public Safety and Infrastructure Sales Tax Increase The Subcommittee reviewed and recommended the Public Safety and Infrastructure Tax Increase item be brought forward to City Council for approval.
3. Consideration of Amendments to the Fireworks Ordinance Related to an Increase in Fines and the Enhancement of Enforcement Efforts ( HMC Chapter 1.20, Arrest Citation Procedures Chapter 2 56 Administrative Citation Process, and Chapter 8. 58, Fireworks
The Subcommittee reviewed and recommended increasing the administrative fine as allowable under the State Fireworks Law for use of Illegal fireworks, provide direction on enhanced code enforcement efforts, and make a recommendation to City Council as appropriate.
4. Code Enforcement Restructuring to Help Expedite Due Process related to Enforcement Officer Case Load
The Subcommittee reviewed and recommended item be brought back for further discussionregardingrestructuringof the City's Code EnforcementDivisionand Public Services Division and provide comments as appropriate.
CLOSED SESSION
none
ADJOURN
Therebeingnofurtherbusiness, MemberLilburnadjournedthe meetingat 12.07 p.m.
7 Public Safety Subcommittee Minutes April 23, 2025
Submitted by: Approved by:
Lissette Nock, Deputy City Clerk Subcommittee Member
8 ATTACHMENT B
Draft Ordinance No. , amendingthe penaltiesandproceduresfor issuinga citationfor violating the citywide prohibition on fireworks.
9 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, DELETING CHAPTER 1.20 ( ARREST AND CITATION PROCEDURES) OF TITLE 1 ( GENERAL PROVISIONS); AND AMENDING CHAPTER 2.56 (ADMINISTRATIVE CITATION PROCESS) OF TITLE 2 ADMINISTRATION AND PERSONNEL) AND CHAPTER 8.58 ( FIREWORKS) OF TITLE 8 (HEALTH AND SAFETY) OF THE HIGHLAND MUNICIPAL CODE
PERTAINING TO THE ENFORCEMENT OF FIREWORKS VIOLATIONS
WHEREAS, the City of Highland pursuant to its police power, may adopt regulations to protect the health, safety, andwelfareof the public underCaliforniaConstitution, Article XI, Section7 and California Government Code Section 37100.
WHEREAS, the City hasthe authorityunderCalifornia GovernmentCodeSection53069.4 to issue administrative citations for violations of the City' s ordinances and impose administrative fines andpenaltiesfor suchviolations; andfurther hasauthoritypursuantto Health and Safety CodeSection12557for the imposition of finesrelatedto personswho possess, sell, useand/or display, and/ortheseizureof, 25poundsor less (grossweight) of dangerousfireworks.
WHEREAS, pursuantto Section8.58.020 of Chapter8.58 (Fireworks) of Title 8 (Health and Safety) of the HighlandMunicipal Code, the City hasprovidedthat "no personshallhavein his orherpossession, orkeep, store, use, shoot, discharge, setoff, ignite, explode, manufacture, sell, offer to sell, giveor transport, anyfireworks, dangerousfireworksor safeandsanefireworks, except for useasagricultural andwildlife fireworks or for useduring a public display of fireworks pursuantto a permitobtainedunderthe provisionsof Sections12640through12654of the California Health and Safety Code, and this code."
WHEREAS, despitetheprohibitionon fireworksin theHighlandMunicipal Code, peoplewithin theCity illegally usefireworksonor neartheFourthof Julyholidayandalsoduringor nearother entertainment and cultural events and festivals throughout each year.
WHEREAS, theCity Council finds thatthe useanddischargeof illegal fireworks in the City' s local streetsand neighborhoodsposesa risk to life and property.
WHEREAS, theCity Councilfindsthatit is in theinterestof thehealth, safetyandwelfareof the City to increaseeffortsto deterfireworksactivity throughtheuseof administrativecitations.
WHEREAS, theCity Councilfindsthatit is in theinterestof thehealth, safetyandwelfareof the City to hold ownersandtenantsof privatepropertyresponsiblefor theunlawful use, discharge, possession, storageandsaleof dangerousfireworksontheirproperty.
NOW, THEREFORE, theCity Councilof theCity of Highlanddoesherebyordainasfollows:
Section 1. Code Amendment. Chapter 1.20 ( Arrest and Citation Procedures) of Title 1 (General Provisions) of the Highland Municipal Code is hereby deleted in its entirety. 10 Section 2. Code Amendment. Section 2.56.030 ( General enforcement authority) of Chapter 2.56 (Administrative Citation Process) of Title 2 (Administration and Personnel) of the Highland Municipal Code is hereby amendedto read as follows, with additions shown in underlinedtext, with all otherprovisionsof Chapter2.56remainingunchanged:
Forthepurposesof this chapter, thecity councildesignatesthepolice officers, policespecialists, city engineer, communitydevelopmentdirector, assistantcommunitydevelopmentdirector. city planner, building official, building inspectors, code compliance officers, business license coordinator, fire chief and fire codeinspectorsdesignatedby the fire chief asenforcement officers, andtheir designeeswith the power to issueadministrativecitations, inspectpublic andprivate propertyandusewhateverjudicialandadministrativeremediesareavailableunderthemunicipal code and state code."
Section 3. Code Amendment. Section 2. 56. 040 ( Service of administrative citations) of Chapter 2.56 (Administrative Citation Process) of Title 2 ( Administration and Personnel) of the Highland Municipal Code is hereby amendedto read as follows, with additions shown in underlinedtext, with all otherprovisionsof Chapter2.56remainingunchanged:
A. Administrative citations shall be served as follows:
1. Personal service on the property owner( s); or
2. a. Registeredor certifiedmail, postageprepaid, returnreceiptrequested. Simultaneously, acopyof theadministrativecitationmaybe sentby regularmail. If anadministrativecitationsent byregisteredorcertifiedmailisreturnedunsignedordeemedundeliverable, thenserviceshallbe deemedeffectivepursuantto regularmail, providedthe copyof the administrativecitationthat was sentby regular mail is not returned; and
b. Postingacopyof theadministrativecitationconspicuouslyonor in frontof theproperty.
Administrative citations for violations of Chapter 8.58 shall not require posting and service shall bedeemedcompletevia personalserviceor serviceby registeredor certifiedmail.
Serviceby registeredor certifiedmail in themannerdescribedaboveshallbedeemedto have been completed or be effective on the date of delivery.
B. Thefailureof anypropertyownerto receiveanynoticeservedin accordancewith this section shall not affect the validity of any proceedingstaken under this chapter." Section 4. Code Amendment. Section 2. 56. 050 ( Administrative citation procedures) of Chapter 2.56 (Administrative Citation Process) of Title 2 (Administration and Personnel) of the Highland Municipal Codeis herebyamendedto readasfollows, with additionsshownin underlined text and deletions shown in strikethrough text, with all other provisions of Chapter
2.56 remaining unchanged:
A. Upon discovering a violation of the municipal code or the state code, an enforcement officer mayissueanadministrativecitationto apropertyownerin themannerprescribedin thischapter.
If thereexistsa continuingviolation pertainingto building, plumbing, electrical, or othersimilar structuralor zoningissues, however, andthat violation doesnot createanimmediatedangerto healthor safety, theenforcementofficer mayissuenoticeto thepropertyownerof thatviolation 2 11
in the manner prescribed by HMC 2.56.040. The property owner must correct or otherwise remedytheviolationwithin at least15daysfrom thedateof serviceof thisnotice; otherwise, the enforcementofficer may issueanadministrativecitationto thepropertyownerfor violationsof the municipal code or applicable state codes. An administrative citation may be issued for any violation of or failure to comply with any condition imposed by any entitlement, permit, agreementor environmental document issuedor approved under the provisions of the municipal code.
B. When issuing an administrative citation via personal service, Iif the property owner is not an individual, the enforcement officer shall attempt to locate an authorized representative of the owner, if known, and issue the owner an administrative citation. If the enforcement officer can only locatethemanageror on -site supervisor, the administrativecitationmay be issuedin the name of the owner and the manager or on -site supervisor and given to said manageror on -site supervisor. A copy of the administrativecitation shall alsobe mailedto the ownerin the same manner, as described in HMC 2. 56. 040.
C. When issuing an administrative citation via personal service, once the property owner or its authorized representative is located, the enforcement officer shall attempt to obtain the signature of thatpersonontheadministrativecitation. If thepropertyowneror its authorizedrepresentative refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or subsequent proceedings.
D. If the enforcement officer is unable to lec-ate personally serve the property owner or its authorized representative at the property, then the administrative , itatie shall be mailed to thpr-epei4yowner- in the mamier- pr-eseiibedin WAG 2.56.040.
E. if no one ean be l,, eatea a4 the pr^ p", j the administrative citation shall be posted in a conspicuousplace on or nearthe property and a copy subsequentlymailed to the property owner in themannerprescribedin HMC 2.56.040 exceptfor administrativecitationsfor violationsof Chapter 8.58 (Fireworks) which shall not require posting.
E.F. The administrative citation shall also contain the printed name and signature of the citing enforcement officer.
F.Fr Theadministrativecitationshallbemailedto thepropertyownerin themannerprescribedby HMC 2. 56. 040."
Section 5. Code Amendment. Section 8. 58. 050 ( Seizure and disposal) of Chapter 8.58 Fireworks) of Title 8 (HealthandSafety) of theHighlandMunicipal Codeis herebyamendedto read asfollows, with additions shown in underlined text, with all other provisions of Chapter8.58 remaining unchanged:
A. It shallbetheduty of the fire chief andhis or herauthorizedrepresentativesandthepolice chief and his or her authorized representativesto enforce the provisions of this chapter.
B. The fire chief andhis or her authorizedrepresentativesandthe police chief andhis or her authorizedrepresentativesshallhavetheauthorityto seize, take, remove, storeanddisposeof any fireworks, dangerous fireworks and safe and sane fireworks. The fire chief and his or her authorizedrepresentativesandthe police chief andhis or her authorizedrepresentativesmay 3 12
chargeanypersonwhosefireworksareseizedpursuantto thissectionareasonableamountwhich is sufficient to cover the cost of transporting, storing, handling and disposingof the seized fireworks.
C. At the time of seizure of any fireworks the fire chief and his or her authorized representatives andthepolice chief andhis or her authorizedrepresentativesshall serveby personalservicean administrativecitation pursuantto Chapter2.56 HMC for a violation of this sectionto any propertyowneroranypropertyowner'sauthorizedrepresentativewhosefireworksareseized." Section 6. Code Amendment. Section 8. 58. 060 ( Penalties) of Chapter 8. 58 Fireworks) of Title 8 (HealthandSafety) of theHighlandMunicipalCodeis herebyamendedto read as follows, with additions shown in underlined text and deletions shown in strikethrough text:
A. Any personwhoviolatesanyprovisionof this chapteris subjectto prosecutionaseitheran infraction or a misdemeanor as set forth in Chapter 1.24 HMC.
B. A violationof anyprovisionof thischapteris subjectto anadministrativecitationin theamount of $1,009-$2,000 for eachviolation pursuantto theproceduressetforth in Chapter2.56 HMC.
Such administrative remedy may be exercised in place of, or in addition to, any administrative, criminal, civil, or equitable remedy allowed by law.
C. If a personwho violatesanyprovision of this chapteris chargedwith a misdemeanor, upon convictionthatpersonshallbe punishedby a fine of notmorethan $1,000, or by imprisonment in thecountyjail for aperiodnot exceedingoneyear, or by bothsuchfine andimprisonment.
D. A personisguiltyofaseparateoffenseforeachandeverydayorportionthereofduringwhich he or shecommits, continues or permits a violation of this chapter.
E. Nothingin thischaptershallbeinterpretedto limit anyof thepenaltiesprovidedforunderthe CaliforniaHealthandSafetyCodeor PenalCodewith regardtothesale, use, possession, delivery and/ or transportation of dangerous fireworks."
Section 7. CEQA.
The Ordinance is not subject to the California Environmental Quality Act (" CEQA") pursuanttoCEQAGuidelinesSection15061(b)(3) becauseit canbeseenwithcertaintythatthere is no possibility that the adoption of the Ordinancewill have a significant effect on the environment.
Section 8. Severability.
If anyoneormoreof theterms, provisionsor sectionsof this Ordinanceshallto anyextent bejudgedinvalid, unenforceableand/or voidablefor anyreasonwhatsoeverby a court of competentjurisdiction, theneachandall of theremainingterms, provisionsandsectionsof this Ordinance shall not be affected thereby and shall be valid and enforceable.
Section 9. Publication.
l
13 The City Clerk is directedto publish this Ordinanceas requiredby law prior to the expiration of fifteen ( 15) days after its passage.
PASSED, APPROVED AND ADOPTED this 7th day of May, 2025.
Penny Lilburn
Mayor
ATTEST:
Alondra Munoz
City Clerk
APPROVED AS TO FORM:
Maricela Marroquin
City Attorney
14