CITY OF SIGNAL HILL
STAFF REPORT
2175 Cherry Avenue • Signal
Hill, California 90755-3799
3/22/2022
AGENDA ITEM
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
HANNAH SHIN-HEYDORN
CITY MANAGER
SUBJECT:
INTRODUCTION OF AN ORDINANCE AMENDING THE SIGNAL HILL MUNICIPAL
CODE RELATED TO FIREWORKS REGULATIONS
Summary:
The City Council will consider adopting an ordinance amending the Signal Hill Municipal Code related to fireworks regulations to allow for administrative fines and liability of property owners.
Recommendation:
Introduce an ordinance, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SIGNAL HILL, CALIFORNIA, REPLACING CHAPTER 9.28 OF THE SIGNAL HILL MUNICIPAL CODE, RELATED TO THE
POSSESSION, STORAGE, FABRICATION, SALE AND DISCHARGE OF FIREWORKS Fiscal Impact:
There is no fiscal impact associated with the recommended action.
Per California Health and Safety Code Section 12726, 65 percent of all administrative fines or penalties collected by the City shall be forwarded to the Controller of the State of California for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund, as described in Health and Safety Code Section 12728.
Strategic Plan Objectives:
Goal No. 2: Ensure public safety is a high priority.
Goal No. 5: Ensure an enhanced quality of life for residents.
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Background:
In recent years, Signal Hill has seen an increase in the discharge of illegal fireworks during the summer months, especially during the week of the 4th of July holiday. Illegal fireworks threaten neighboring properties, increase 911 response times for all emergencies, and create an increased risk of fire-related property damage and personal injury. In response to resident concerns, the City Council has expressed its interest in strengthening the City’s fireworks enforcement capacity.
Analysis:
To strengthen the City’s enforcement capacity, in consultation with the City Attorney’s Office, staff is recommending the following amendments to the Signal Hill Municipal Code.
Increased Fines for Fireworks Violations
The State Fire Marshall has adopted a model fireworks ordinance for cities. The fines imposed by the model ordinance are as follows:
Social Host Liability
Currently, State law generally requires that a law enforcement officer personally observe the actual person discharging illegal fireworks prior to issuing a citation. One of the many challenges of fireworks enforcement is that illegal fireworks are often ignited from locations that are not visible from the public right-of-way. Host liability shifts and broadens the focus of enforcement to include the person providing the location.
A ”host” or “social host” means a person who permits or allows a gathering or person at their place of residence or other private property or any place under their control. A host is generally:
1. The person in charge of private property, including but not limited to, an owner, tenant, landlord, or property manager of the property; or
2. The person who organizes, supervises, officiates, conducts, controls, or is otherwise in charge of the activity on the property.
Providing for social host liability will allow law enforcement and code enforcement personnel to hold the “host” responsible for the discharge of illegal fireworks, improving enforcement capabilities in several ways.
Currently, State law generally requires that a law enforcement officer personally observe the actual person discharging illegal fireworks prior to issuing a citation. Typically, it is not difficult for enforcement officers to identify the specific location an aerial firework originates. The challenge lies in identifying the specific individual user or possessor of the firework. The “Social Host Liability” provision will allow an officer to focus on a particular person (or persons) responsible for the property or event.
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Next Steps
Based on Council introduction of the proposed ordinance this evening, staff would take the following steps:
· April 12: Second reading and adoption
· May 2: Launch a public education campaign leading up to and through the 4th of July · May 13: Ordinance goes into effect and enhanced enforcement can begin Upon Council approval, the City Clerk’s office will cause to be posted a summary of the Ordinance pursuant to Signal Hill Municipal Code Section 1.08.010 at City Hall, Discovery Well Park, Reservoir Park, and the Signal Hill Library on or before March 25, 2022. A summary of the Ordinance will also be published in the Signal Tribune newspaper per Government Code §65091(a)(4) March 25, 2022.
Second reading of the Ordinance will be agendized for the April 12, 2022 City Council meeting.
Waive the Reading of All Ordinances
Wherein the titles appear on the public agenda, said titles shall be determined to have been read by title, and further reading is waived. The purpose of waiving the reading of ordinances in full and authorizing reading by title only is to help streamline the Council meeting process, to avoid unnecessary delay and to allow more time for substantive discussion of items on the agenda.
Attachment
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