AN ORDINANCE OF THE CITY OF RIVERSIDE, CALIFORNIA, AMENDING CHAPTER 1.18 OF THE RIVERSIDE MUNICIPAL CODE REGARDING ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF THE CITY’S FIREWORKS LAWS.
THE CITY COUNCIL OF THE CITY OF RIVERSIDE DOES ORDAIN AS FOLLOWS:
Section 1: Section 1.18.010 of the Riverside Municipal Code is hereby amended as follows:
“Section 1.18.010 Definitions.
The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:
Dangerous fireworks has the same meaning ascribed to it under the State Fireworks Law. . . .
H. Social Host means a person or persons with a right of possession of the residence or other private property at which illegal fireworks are sold, offered to be sold, possessed, stored, used, ignited or discharged including but not limited to: (a) any owner of the residence or other private property – meaning the record owner of the title to property as of the time of the possession, storage, sale, use, ignition or discharge, wherever that person or entity resides at that time; (b) a tenant or lessee of the residence of other private property at the time when the illegal fireworks are possessed, stored, sold, used, ignited, or discharged; (c) the person(s) in charge of the residence or other private property at the time when illegal fireworks are possessed, stored, sold, used, ignited or discharged; (d) the person(s) who organizes supervises, officiates, conducts or controls the gathering or any other persons(s) accepting responsibility for such gatherings where illegal fireworks are possessed.” Section 2: Section 1.18.020 of the Riverside Municipal Code is hereby amended as follows:
“Section 1.18.020 Prohibition, seizure and disposal.
Pursuant to Section 1.18.020 of the Riverside Municipal Code, the selling, offer for sale, use, discharge, possession, storage, or transportation of fireworks is prohibited. . . .
D. The Fire Chief and his or her authorized representatives, the Police Chief and his or her authorized representatives, and the Code Enforcement Division shall have the authority to use sUAS (small unmanned aircraft system) technology for fireworks enforcement.” Section 3: Section 1.18.040 of the Riverside Municipal Code is hereby amended as follows:
“Section 1.18.040 Penalties.
In addition to any remedy available at law, and upon a first violation, any person in violation of any provision of this chapter or Section 16.32.375 of this Code involving 25 pounds or less of fireworks is subject to the issuance of an administrative citation of $1,500.00 and a disposal fee as set by the State. . . .
J. It is unlawful for any Social Host to allow, by invitation or consent, which consent may be implied given surrounding facts and circumstances such as repeated violations, without first obtaining all required permits and licenses. Such violation subjects any and all Social Host(s) to strict liability for penalties imposed for violation(s) of this section.
K. A Social Host need not be present at the time illegal fireworks are possessed, stored, sold, used, ignited or discharged for the City to impose penalties. Prior knowledge of the possession, storage, sale, use, ignition or discharge is not a pre-requisite to a finding that any specific individual is a Social Host as defined by this section.
L. Notwithstanding any other provision of the Riverside Municipal Code, each subsequent qualifying violation of this Chapter or Section 16.32.375 shall be subject to an increased administrative penalty and citation of no less than $3,000.00, but not more than $25,000.00, per citation. For purposes of this subdivision, a “qualifying violation” means any citation for a violation of this Chapter or Section 16.32.375 occurring within a 24-hour period and occurring within 5 years of a prior violation.
M. Pursuant to Gov. Code § 53069.4, a person or business cited for two or more subsequent violations of this Chapter or Section 16.32.375 may appeal the citation as set forth in Chapter 1.17 of the Riverside Municipal Code.” Section 3. The City Council has reviewed the matter and, by based upon the facts and information contained in the staff reports, administrative record, and written and oral testimony, hereby finds that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3) and/or 15061(b)(3) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, in that it will not result in a direct or reasonably foreseeable indirect physical change.
Section 4. The City Clerk shall certify to the adoption of this ordinance and cause publication once in a newspaper of general circulation in accordance with Section 414 of the Charter of the City of Riverside. This ordinance shall become effective on the 30th day after the date of its adoption.
ADOPTED by the City Council this _________ day of _____________, 2024. ________________________________
PATRICIA LOCK DAWSON
Mayor of the City of Riverside
Attest:
______________________________
DONESIA GAUSE
City Clerk of the City of Riverside
/ /
/ /
I, Donesia Gause, City Clerk of the City of Riverside, California, hereby certify that the foregoing ordinance was duly and regularly introduced at a meeting of the City Council on the _______ day of _______________, 2024, and that thereafter the said ordinance was duly and regularly adopted at a meeting of the City Council on the _________day of _____________, 2024, by the following vote, to wit:
Ayes:
Noes:
Absent:
Abstain:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Riverside, California, this ________ day of ______________, 2024. ______________________________________
DONESIA GAUSE
City Clerk of the City of Riverside
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MACROBUTTON None FirmName1_1 , MACROBUTTON None FirmLegalStatus1_1 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE.
RIVERSIDE, CA 92501
(951) 826-5567
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MACROBUTTON None FirmName1_1 , MACROBUTTON None FirmLegalStatus1_1 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567