Item No. 24
AGENDA REPORT
DATE: June 9, 2025
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk Trevor Benson, Public Safety Manager
SUBJECT: Second Reading of Ordinance No. 457 and Adoption of Urgency Ordinance No. 457-U
RECOMMENDATION:
That the City Council:
1. Approve the second reading of Ordinance No. 457, an Ordinance of the City Council of the City of Yucaipa, California, adding Chapter 8.40 to Title 8 of the Yucaipa Municipal Code Regarding Fireworks; and
2. Approve Urgency Ordinance No. 457-U, an Urgency Ordinance of the City Council of the City of Yucaipa, California, adding Chapter 8.40 to Title 8 of the Yucaipa Municipal Code Regarding Fireworks and Declaring the Urgency Thereof
BACKGROUND/DISCUSSION:
On May 12, 2025, the City Council approved the introduction and first reading of Ordinance No. 457 regarding fireworks in the City of Yucaipa. The ordinance amended the fireworks fine structure to $3,000 for the first offense, $5,000 for the second offense, and $10,000 for subsequent offenses.
Per Government Code § 36937, ordinances take effect 30 days after their final passage. In order to efficiently implement the amended fine structure as approved by Council, staff is recommending the adoption of Urgency Ordinance No. 457-U which would allow the ordinance to take effect immediately, in addition to the approval of the second reading.
Attachment(s):
1. Ordinance No. 457
2. Ordinance No. 457-U
Approved by:
ATTACHMENT 1
ORDINANCE NO. 457
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, ADDING CHAPTER 8.40 TO TITLE 8 OF THE YUCAIPA
MUNICIPAL CODE REGARDING FIREWORKS
WHEREAS, fireworks are currently regulated under Section 15.04.115 of the Yucaipa Municipal Code; and
WHEREAS, this Ordinance is intended to enhance enforcement capabilities to prohibit illegal fireworks; and
WHEREAS, the City Council of the City of Yucaipa desires stronger enforcement regulations to promote public health, safety, and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Municipal Code Amendment.
Chapter 8.40, "Fireworks," is hereby added to Title 8 of the Yucaipa Municipal Code to read as follows:
Chapter 8.40 Fireworks
8.40.010 Prohibition
A. Pursuant to Section 15.04.115 of this code, the storage, use, sale, possession, and handling of all fireworks is prohibited.
B. The provisions of this chapter shall be enforced by any authorized person designated by the City Manager, including but not limited to, the Police Department, Fire Department, Code Enforcement Division and Development Services Department -Public Works Rangers.
C. Any person authorized to enforce this chapter may seize, take, remove or cause to be removed, any fireworks.
D. Notwithstanding this chapter, fireworks displays require a permit as provided in Section
15.04.115 of this code.
8.40.020 Disposal
Any fireworks seized, taken, or removed fireworks under this chapter may be disposed of by the Fire Chief or the Police Department.
8.40.030 Exemptions
City -sponsored fireworks displays shall be exempt from the provisions of this chapter.
8.40.040 Penalties
A. Any violation of this Chapter is unlawful and shall constitute a public nuisance. The City may abate such violations using any remedy provided by law or equity, including, but not limited to, the remedies contained in Chapter 1.12 of this code.
B. The City may issue administrative citations for any violation of this chapter. The penalties assessed for each administrative citation shall conform to the following amounts:
1. First violation: $3,000.
2. Second violation: $5,000.
3. Third and subsequent vilolations: $10,000
Section 2. Severability.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
Section 3. CEQA.
The City Council finds that this Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) under the common sense exception that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as here, the activity is not subject to CEQA.
Section 4. Effective Date.
This Ordinance shall be effective on the 31 st day following its adoption by the City Council. \\
Section 5. Publication and Posting.
The Mayor shall sign this Ordinance, and the City Clerk shall certify as to the adoption and shall cause the ordinance or a summary thereof to be published in accordance with state law.
PASSED, APPROVED and ADOPTED this 9th day of June, 2025.
Jon Thorp, Mayor
ATTEST: APPROVED AS TO FORM
Ana V. Sauseda, MMC Steven Graham Pacifico,
Director of General Services/City Clerk City Attorney
ATTACHMENT 2
ORDINANCE NO. 457-U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, ADDING CHAPTER 8.40 TO TITLE 8 OF THE
YUCAIPA MUNICIPAL CODE REGARDING FIREWORKS AND
DECLARING THE URGENCY THEREOF
WHEREAS, fireworks are currently regulated under Section 15.04.115 of the Yucaipa Municipal Code; and
WHEREAS, this Ordinance is intended to enhance enforcement capabilities to prohibit illegal fireworks; and
WHEREAS, the City Council of the City of Yucaipa desires stronger enforcement regulations to promote public health, safety, and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Urgency Findings and Declaration
Pursuant to California Government Code §§ 36934 and 36937(b), the City Council finds and declares:
A. Significant portions of Yucaipa and the surrounding foothills are classified as moderate, high, and very high fire hazard severity zones due to the significant risk of wildland fire ignition and rapid spread.
B. In the past several years, the Yucaipa Fire Department responded to significant vegetation fires that investigation determined were started by illegal fireworks, endangering life, property, and critical infrastructure.
C. The Independence Day period historically produces a surge in fireworks -related calls for service; delaying additional enforcement authority until after normal ordinance -effective timelines would leave the City unprotected during the high -risk season.
D. The continued availability and use of illegal fireworks pose immediate threats of fire, injury, and respiratory distress from smoke and particulates.
For these reasons, this ordinance is necessary for the immediate preservation of the public peace, health, and safety and shall take effect immediately upon adoption by at least a four -fifths vote of the City Council, as authorized by Government Code § 36937(b).
Section 2. Municipal Code Amendment.
Chapter 8.40, "Fireworks," is hereby added to Title 8 of the Yucaipa Municipal Code to read as follows:
Chapter 8.40 Fireworks
8.40.010 Prohibition
A. Pursuant to Section 15.04.115 of this code, the storage, use, sale, possession, and handling of all fireworks is prohibited.
B. The provisions of this chapter shall be enforced by any authorized person designated by the City Manager, including but not limited to, the Police Department, Fire Department, Code Enforcement Division and Development Services Department -Public Works Rangers.
C. Any person authorized to enforce this chapter may seize, take, remove or cause to be removed, any fireworks.
D. Notwithstanding this chapter, fireworks displays require a permit as provided in Section
15.04.115 of this code.
8.40.020 Disposal
Any fireworks seized, taken, or removed under this chapter may be disposed of by the Fire Chief or the Police Department.
8.40.030 Exemptions
City -sponsored fireworks displays shall be exempt from the provisions of this chapter.
8.40.040 Penalties
A. Any violation of this Chapter is unlawful and shall constitute a public nuisance. The City may abate such violations using any remedy provided by law or equity, including, but not limited to, the remedies contained in Chapter 1.12 of this code.
B. The City may issue administrative citations for any violation of this chapter. The penalties assessed for each administrative citation shall conform to the following amounts:
1. First violation: $3,000.
2. Second violation: $5,000.
3. Third and subsequent violations: $10,000
Section 3. Severability.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
Section 4. CEQA.
The City Council finds that this Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) under the common sense exception that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as here, the activity is not subject to CEQA.
Section 5. Effective Date.
This urgency ordinance shall take effect immediately upon its adoption pursuant to Government Code §§ 36934 and 36937(b).
Section 6. Publication and Posting.
The Mayor shall sign this Ordinance, and the City Clerk shall certify as to the adoption and shall cause the ordinance or a summary thereof to be published in accordance with state law.
PASSED, APPROVED and ADOPTED this 9th day of June, 2025.
Jon Thorp, Mayor
ATTEST: APPROVED AS TO FORM
Ana V. Sauseda, MMC Steven Graham Pacifico
Director of General Services/City Clerk City Attorney