1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND AMENDING CHAPTER 11.05 OF THE CITY OF RICHMOND MUNICIPAL CODE ENTITLED “FIREWORKS”
WHEREAS, the Richmond City Council, pursuant to police powers delegated to it by the California Constitution, has the authority to enact legislation that promotes public health, safety and general welfare of its resident s; and
WHEREAS, the State of California has received historically low amounts of rain and snow over the past year; and
WHEREAS, Governor Newsom has issued a drought emergency proclamation declaring a state of emergency to address historically low and unanticipated shortages in the amount of available water; and
WHEREAS, according to the National Integrated Drought Conditions, 2021 was the sixth driest year to date for Contra Costa County in the last 127 years; and
WHEREAS, given the historically dry conditions in California and the extreme water shortage due to the ongoing drought conditions statewide, there is an exceptionally high risk of fires occurring in California, including in the City of Richmond; and
WHEREAS, the illegal possession, manufacture, storage, sale, handling and use of fireworks on private property is harmful to and creates a threat to public health, safety , quiet enjoyment of residential property; and
WHEREAS, those risks are particularly high because of the current drought since fireworks present significant wildfire fire risk; and
WHEREAS, according to the National Fire Protection Association, fireworks start over 19,000 fires, send over 9,000 people to the emergency room each year in the U.S., and cause $105 million in direct property damage. (Marty Ahrens, “Fireworks Fires and Injuries,” NFPA Research, June 2020.); and
WHEREAS; the City of Richmond seeks to amend its municipal code that governs f ireworks; and
WHEREAS, while the discharge of illegal fireworks can be tied to a particular residence or property, it is often difficult law enforcement officers to determine who at the residence or property discharged the illegal firework(s); and
WHEREAS, the owner or tenant of the premises is often in the best position to control and 2 knows or should know of the possession, manufacture, storage, sale, handling and use of illegal fireworks on his/her/their residence ; and
WHEREAS, as a result, since December of 2018, although the Richmond Police Department received 4,577 calls for service regarding fireworks and only eleven (11) citations were issued; and
WHEREAS, public health, safety and welfare of the community will be safeguarded by holding property owners’ strictly liable for the unlawful use of fireworks on their property as well as holding adults strictly liable who have the care, custody or control of a minor for the use of fireworks by the minor; and
WHEREAS, the City may declare such activities as nuisances and regulate them under the authority of Government Code sections 38771 and 12541, and the City’s police powers under the California Constitution, Article XI, section 7; and
WHEREAS, the City Council desires to authorize the issuance of administrative citations with increased fines for violations of this chapter in order to further deter unlawful fireworks related activities; and
WHEREAS, these administrative fines are imposed under the authority of Government Code section 53069.4, Health and Safety Code section 12557, and the City’s police powers ; and
WHEREAS, the City Council finds and determines that holding property owners, property managers, residents and responsible persons individually liable for the use of illegal fireworks is necessary to protect the safety, health and welfare of the public.
THEREFORE, LET IT BE RESOLVED THAT NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHMOND does ordain as follows:
SECTION 1.
Chapter 11.05 entitled “FIREWORKS” of the City of Richmond Municipal Code is hereby amended as follows ( strikeout text indicates deletion; underline text indicates insertion):
Sections:
11.05.010 Definitions.
11.05.020 Possession, Use or Sale of Fireworks Activities Prohibited. 3 11.05.030 Host Liability.
11.05.040 Seizure of Fireworks.
11.05.050 Violations and Penalties.
11.05.010 - Definitions.
For the purpose s of this chapter, the following words and phrases shall have the meanings ascribed to them in this section unless the context specifically indicates otherwise:
(a) "Dangerous fireworks"
Those fireworks liste d and defined in California Health and Safety Code Sections 12505 and 12561 and the relevant sections of Title 19 of the California Code of Regulations, as the same may be amended from time to time. (b) "Exempt Fireworks"
Any special item containing pyro technics compositions which the State Fire Marshal, with the advise of the State Fire Advisory Board, has investigated and determined to be limited to industrial, commercial or agricultural use, or religious ceremonies when authorized by a permit granted by the authority having jurisdiction. (c) “Fireworks"
Any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical or thermal effects which are us eful as pyrotechnic devices or for entertainment. These items include, but are not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rocket, Daygo bombs, M-80s, sparklers, party poppers, paper caps, chas ers, fountains, smoke sparks, aerial bombs, fireworks kits and firecrackers. This term includes both "dangerous fireworks" and "safe and sane" fireworks.
(d) "Safe and sane fireworks" or "State -approved fireworks." Any fireworks that do not come within the definition of "Dangerous Fireworks" or "Exempt Fireworks" (a) “Enforcement Officer” means any peace officer, fire marshal, Richmond Fire Chief, code enforcement officer or any other designee of the City Manager. (b) “Fireworks" has the meaning set forth in Health and Safety Code section 12511, as amended.
(1) The term “Fireworks” includes the following:
a. “Dangerous Fireworks” as defined in Health and Safety Code section 12505, as amended.
4 b. “Safe and Sane Fireworks” as defined in Health and Safety Code section 12529, as amended.
(2) The term “Fireworks” excludes the following :
a. “Party Poppers” and “Snap Caps” as each is defined in California Code of Regulations, Title 19, section 980, as amended. b. “Exempt Fireworks” as defined in Health and Safety Code section 12508, as amended.
(c) “Health and Safety Code” means the California Health and Safety Code. (d) “Person” includes any individual, entity or organization. (e) “Responsible Party” means any of the following:
(1) A person who owns, rents, leases, or otherwise has possession of, or is in the immediate control of, a residence or other private property; or (2) A person who organizes, supervises, sponsors, conducts, allows, controls, or controls access to the possession, manufacture, sale, offer for sale, use, or discharge of fireworks at a residence, other private property or on a vessel. (f) “Strictly Liable” means liability for a violation of law regardless of a person’s intent, knowledge, negligence, or lack thereof in committing the violation of law. (g) “Vessel” has the same meaning as it if defined in Harbors and Navigation Code section 651, as amended.
11.05.020 – Possession, Use or Sale of Fireworks Activities Prohibited.
It is unlawful and a misdemeanor for any person or entity to possess, sell, give away, store, use, display, display for sale, transport, explode, ignite or discharge any Fireworks within the City limits except by valid permit as " Exempt Fireworks" or with a valid special event permit for a public event authorized by the City.
5 (a) Any special event permit or exempt fireworks permit is not transferable and shall only be valid for the date of the specific event.
(b) In addition to criminal action, any person or entity who possesses, sells, gives away, stores, uses, displays, displays for sale, explodes, ignites or discharges any fireworks in violation of this chapter is subject to A dministrative Citations as set forth in Chapter 2.62
11.05.030 Host Liability.
A. Any Responsible Party shall be Strictly Liable for any violation of section
11.05.020 of this Chapter.
B. Any person having the care, custody, or control of a minor shall be Strictly Liable for any violation of section 11.05.020 of this chapter.
C. The provisions of this section shall not apply to:
1. Conduct involving Fireworks as permitted or preempted by state or federal law; or
2. A Responsible Party who initiates a call for service to law enforcement, fire officials or code enforcement to assist in removing any person from the property or reporting the violation of this chapter.
11.05.030.040- Seizure of Fireworks.
Any peace officer, fire marshal or the Richmond Fire Chief or his or her designee, may , subject to applicable law , seize, take, remove or cause to be removed any fireworks possessed, used, stored or displayed in violation of this chapter.
11.05.050 Violations and Penalties .
A. Each day a violation of this chapter is committed, permitted, continued or maintained shall constitute a separate and distinct violation, and a public nuisance. 6 B. Any violation of this chapter constitutes a misdemeanor, with the penalties as set forth in Richmond Municipal Code Section 1.04.100.
a. The following violations shall not be subject to criminal penalties, but shall be subject to an administrative citation as provided in this section:
i. Violations relating to Safe and Sane Fireworks, as defined by Health and Safety Code section 12529, or
ii. Violations relating to possession of Fireworks.
C. An administrative citation may be issued by an Enforcement Officer to any Person, entity or Responsible Party who violates any of the provisions of this chapter pursuant to the procedures as set forth in Richmond Municipal Code Chapter 2.62, including imposition of any late payment charges.
D. In addition to any other remedies, any violation of this chapter relating to the possession or seizure of 25 pounds or less of Dangerous Fireworks shall be subject to the following:
a. Fines collected pursuant to subdivision (C) of this section shall not be subject to Health and Safety Code section 12706.
b. Imposition and payment of all costs incurred by the office of the State Fire Marshal for the transportation and disposal of any dangerous fireworks seized from the person. The costs incurred by the Office of the State Fire Marshal will be calculated based upon the regulations promulgated by that office. If those regulations have not been adopted by the Office of the State Fire Marshal at the time a person is cited for possession of Dangerous Fireworks under this Code, the City will reserve twenty-five percent (25%) of any fine collected under this provision to cover the cost of reimbursement to the Office of the State Fire Marshal.
E. Administrative fines for violation(s) of this chapter relating to “Dangerous Fireworks” shall be as follows:
7 Number of offenses
within one year
Amount of
Administrative
Penalty
Late Charge Total Amount of
Penalty Plus Late
Charge
First $1000 $75 $ 1075
Second $2000 $150 $ 2150
Third $5000 $300 $ 5300
F. Administrative fines for violation(s) of this chapter relating to “Safe and Sane Fireworks” shall be as follows:
Number of offenses
within one year
Amount of
Administrative
Penalty
Late Charge Total Amount of
Penalty Plus Late
Charge
First $250 $75 $ 275
Second $500 $150 $ 650
Third $750 $300 $ 1050
G. Penalties Not Exclusive
The penalties set forth herein are intended to be nonexclusive and are intended to be in addition to, or in lieu of, any other remedies provided in the Richmond City Municipal Code or any other law, statute, ordinance or regulation of the City or State.
SECTION 2. SEVERABILITY CLAUSE
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phr ase of th is Ordinance irrespective of the unconstitutionality or invalidity of any s ection, subsection, subdivision, paragraph, sentence, clause or phrase.
SECTION 3.
This ordinance shall be effective thirty days after passage and adoption.
First introduced at a regular meeting of the City Council of the City of Richmond held _________, 2021, and finally passed and adopted at a regular meeting held _______, 2021 by the following vote:
8 AYES:
NOES:
ABSTENTIONS:
ABSENT:
_____________________________
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
______________________
Mayor
Approved as to form:
______________________
City Attorney