POST AGENDA ITEM 5B.
DATE: September 26, 2023
TO: Honorable Mayor and City Council
FROM: City Manager’s Office
SUBJECT: Blue Memo – Agenda Item 5B, Safe and Sane Fireworks – Use for Special Occasions and Increased Community Accountability
Background:
Staff are proposing an amendment to the Rocklin Municipal Code Chapter 8.24, section 110 Discharging fireworks, to allow for the discharge of safe and sane fireworks for special occasions. To implement, staff intends to utilize the existing Residential Street Closure (block party) permit. Those interested in discharging fireworks would need to submit an application with the City of Rocklin providing information about the dates and times of the event. The application would then be reviewed by the City Manager with advice of the Fire Chief and the use of safe and sane fireworks would be approved or denied as appropriate.
In order to create more accountability for the unauthorized discharge of fireworks within the City, staff are also proposing adding section 160, Host Liability, to Chapter 8.24. Any person who hosts an event in which unlawful fireworks are discharged would be strictly liable for the use of fireworks in violation of Chapter 8.24. Those liable shall be subject to administrative citations and fines. The unlawful discharge of fireworks creates a nuisance and has the potential to impact the safety of the public. The intent of the citation and fine is to discourage the unlawful use of fireworks and to ensure that those who wi sh to discharge safe and sane fireworks undergo the appropriate permit approval process.
Environmental Analysis:
The proposed action is not a project under Section 15061(b)(3) of the California Environmental Quality Act Guidelines, and as such is exempt from environmental review.
Fiscal Impact:
There is no direct fiscal impact in adopting this ordinance.
BLUE MEMO: Agenda Item 5B, Safe and Sane Fireworks – Use for Special Occasions and Increased Community Accountability
September 26, 2023
Attachments:
1. Ordinance
Ord. No.
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKLIN AMENDING CHAPTER 8.24 OF
THE ROCKLIN MUNICIPAL CODE, FIREWORKS, TO MODIFY THE PROHIBITIONS AGAINST THE USE
OF FIREWORKS TO ALLOW FOR EXCEPTIONS FOR SPECIAL OCCASIONS AND TO ADD HOST
LIABILITY FOR FIREWORKS ORDINANCE VIOLATIONS
WHEREAS, the City of Rocklin is committed to ensuring fire safety; and
WHEREAS, the California Health and Safety Code defines “safe and sane fireworks” to mean any fireworks which do not come within the definition of “dangerous fireworks” or “exempt fireworks”; and
WHEREAS, the City of Rocklin acknowledges there may be times when a special occasion would be enhanced with the use of safe and sane fireworks; and
WHEREAS, the City of Rocklin wishes to allow the use of safe and sane fireworks to celebrate special occasions; and
WHEREAS, the use of safe and sane fireworks for special occasions should be approved on a case-by-case basis by the City Manager with consultation from the Fire Chief; and
WHEREAS, the unlawful discharge of fireworks creates a nuisance in the city and increases the risk of fire danger; and
WHEREAS, in order to create accountability for the use of safe and sane fireworks, the event host should be held liable for any unlawful discharge of fireworks.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROCKLIN DOES ORDAIN AS FOLLOWS:
Section 1. Findings. The findings and recitals set forth above are true and correct.
Section 2. Purpose. The purpose of this ordinance is to amend Chapter 8.24 (Fireworks) to Title 8 Rocklin Mu nicipal Code to allow the use of safe and sane fireworks for special occasions upon approval from the city ma nager and to allow for fees and administrative citations to be charged to those who host suc h gatherings a nd discharge fireworks in an unlawful manner.
Section 3. Authority. The City Council enacts this ordinance under the authority granted to cities by Art icle XI, Section 7 of the California Constitution and Government Code section 37100.
Ord. No.
Section 4. Amendment. Section 8.24.110 of Chapter 8.24 (Fireworks) to Title 8 of the Rocklin Municipal Code is hereby amended to read as follows:
8.24.110 Discharging fireworks.
A. It is unlawful to discharge or ignite safe and sane fireworks except during that time period beginning at twelve noon on June 28th and ending at 11:59 p.m. on July 4th of that same year or except consistent with the conditions of a permit issued pursuant to subsection B. of this section 8.24.110.
B. The City Manager may, with advice of the Fire Chief, review and approve or deny requests for the use of safe and sane fireworks on special occasions. The City Manager may impose terms and conditions upon the use of the fireworks with his/her approval.
C. It is unlawful to discharge or ignite fireworks of any type, including safe and sane fireworks, or any other combustible article, within any stand or within one hundred fifty feet of any stand.
Section 5. New Section. Section 8.24.160 of Chapter 8.24 (Fireworks) to Title 8 of the Rocklin Municipal Code is hereby added to read in full as follows:
8.24.160 Host liability.
A. The term “host” in this section shall mean any of the following:
1. An owner of any private residential or nonresidential real property in the city; or
2. Any person who has the right to use, possess, or occupy public or private property under a lease, permit, license, rental agreement, or contract; or
3. Any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on public or private property.
B. The term “strictly liable” in this section shall mean liability for an unlawful or a wrongful act regardless of a person’s intent, knowledge, negligence, or lack thereof in committing the unlawful or wrongful act.
C. Any host shall be strictly liable for any unlawful ignition, explosion, discharge, use, or display of any fireworks in violation of this chapter on their property or at their gathering, except that no person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract shall be liable for a violation of this chapter occurring in the common area of the property unless the person hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering at which the violation occurs.
Ord. No.
D. Any person having the care, custody, or control of a minor shall be strictly liable for any unlawful ignition, explosion, discharge, use, or display of fireworks by the minor in violation of this chapter.
E. Except as provided in subsection F of this section, no host shall permit or allow another person on private property, or at a gathering on public property, where the host knows or reasonably should know that the person is engaged in a violation of this chapter.
F. The provisions this section shall not apply to:
1. Conduct involving display, use, or discharge of fireworks as permitted under federal or state law;
2. A host who initiates contact with law enforcement or fire officials to assist in removing any person from the property or gathering in order to comply with this chapter.
G. Chapter 1.14 of this code shall apply to a violation of this section, except that a violation of this section shall be subject to a fine of one thousand dollars.
Section 6. Severability. If any section, sub-section, sentence, clause, phrase o r portion of this o rdinance is for any reason held to be invalid or unconstitutional by th e decision of any court of comp etent jurisdiction, such deci sion shall not affect the validity of the remain ing portions of this ordinance. The City Council her eby de clares that it would have adopted this ordinance and each section, sub -section, sentence, clause, phrase o r portion there of, irrespective of the fact that any one or more sections, s ub-sections, sentences, clauses, phrases or portions to be declared invalid or unconstitutional.
Section 7. Envir onmental Analysis. The City Council hereby finds that this ordina nce is not subj ect to review under the Califor nia Environmental Quality Act ( CEQA) pursuan t to Sections 15060, s ubdivision (c)(2) (the activity will n ot result in a direct or reasonabl y foreseeable indirect physical change in the environment) and 15061, subdivision (b)(3) (there is no possibility the activity in question may have a significant effect on the environm ent) of the CEQA Guidelines, Californi a Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Section 8. Effective Date. This o rdinance shall take ef fect thirty (30) days after the day of its adoption.
Section 9. Publication. Within fifteen days of passage of this ordinan ce, the City Clerk shall cause the full text of the ordinance, with the names of those City Council members voting for and against the ordinance, to be published in the Placer Herald. In lieu of publishing the full text of the ordinance, the City Clerk, i f so directed by the City Attorney and within fifteen days, shall cause a summary of the ordinan ce, prepared by the City Attorney a nd with the names of the City Co uncil members voting for and ag ainst the ordinance, to be published in the Placer
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Herald, and shall post in the office of the City Clerk a certified copy of the City Council members voting for and against the ordinance. The publication of a summary of the ordinance in lieu of the full text of the ordi nance is authorized only where the requirements of Government Cod e section 36933(c)(1) are met.
INTRODUCED at a regular meeting of the City Council of the City of Rocklin held on ______________________, 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
PASSED AND ADOPTED at a reg ular meeting of the City Council of t he City o f Rocklin held on ________________________, 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
____________________________________
Ken Broadway, Mayor
ATTEST:
___________________________
Haley Reid, Acting City Clerk
First Reading:
Second Reading:
Effective Date: