HomeMy WebLinkAbout09 - OB-1 - Second Reading of Ordinance No.17-14 - 10/3/2017CITY COUNCIL AGENDA REPORT
MEETING DATE: OCTOBER 3, 2017 ITEM NUMBER: OB -1
SUBJECT: SECOND READING OF ORDINANCE NO. 17-14 OF THE CITY OF
COSTA MESA AMENDING SECTION 9-190 OF THE MUNICIPAL CODE
GOVERNING ILLEGAL FIREWORKS
DATE: SEPTEMBER 20TH, 2017
FROM: POLICE DEPARTMENT
PRESENTATION BY: GREG SCOTT, LIEUTENANT
FOR FURTHER INFORMATION CONTACT: GREG SCOTT (714) 754-5266
RECOMMENDATION:
It is recommended that the City Council give second reading and adopt Ordinance No.
17-14 amending the City of Costa Mesa Municipal Code Section 9-190 entitled
"Prohibitions; state permit required" regulating the use of fireworks.
BACKGROUND/ANALYSIS:
At the September 19, 2017 meeting, the City Council gave first reading to the above
referenced ordinance by 4-0 vote. The City Council did not make any changes to the
ordinance. Staff has no further information on this item. Staff requests that the City
Council give second reading and adopt Ordinance No. 17-14.
Below is the summary of the staff report providing details as to what the ordinance
amendment proposes.
Currently, Section 9-190(a) entitled "Prohibitions; state permit required" prohibits the
discharge, sale or offer for sale of "illegal fireworks" as defined in the Health and Safety
Code. Specifically, Section 9-190(a) states,
No person shall discharge, sell or offer for sale, any fireworks
within the city which are classified as dangerous fireworks as
those terms are defined by the California Health and Safety
Code.
While the above provision restricts dangerous fireworks, enforcement is made difficult
by the fact that police officers essentially have to wait until the firework is set off in order
to cite under the municipal code. As a result, staff has determined that an amendment
to Section 9-190 to also prohibit possession of illegal fireworks will facilitate the Police
Department's enforcement efforts going forward.
Under state law, police officers may cite for possession of illegal fireworks', however, all
citations issued under state law would be prosecuted by the District Attorney's Office.
In order for the City to maintain greater local control over enforcement, the proposed
amendment will allow police officers to cite criminal violations under the City's municipal
code, thus, leaving prosecution of said violations with the City Prosecutor.
FISCAL REVIEW:
No additional expenditures are anticipated as a result of this code amendment.
LEGAL REVIEW:
The City Attorney's Office worked with staff in preparing this staff report and proposed
ordinance.
CONCLUSION:
Staff is requesting the City Council give second reading and adopt Ordinance No. 17-14
amending Section 9-190(a) of the Costa Mesa Municipal Code to prohibit possession of
dangerous fireworks.
ROBERT N. SHARPNACK
Chief of Police
GREG SCOTT
Lieutenant
ATTACHMENTS:
1 — Ordinance No. 17-14 Amending CMMC 9-190
Health and Safety Code Section 12677 states, "It is unlawful for any person to possess dangerous fireworks without holding a
valid permit."
ATTACHMENT -1
ORDINANCE NO. 17-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA AMENDING SECTION 9-190 OF CHAPTER II
OF TITLE 9 OF THE COSTA MESA MUNICIPAL CODE
RELATING TO SALE, USE AND DISCHARGE OF
FIREWORKS
WHEREAS, Health and Safety Code Section 12541 authorizes the City of Costa
Mesa to prohibit or regulate the sale, use or discharge of fireworks in the City; and
WHEREAS, Section 9-190(a) of the Costa Mesa Municipal Code entitled
"Prohibitions; state permit required" prohibits the discharge, sale or offer for sale of
"dangerous fireworks" in the City as defined in the California Health and Safety Code; and
WHEREAS, City resources spent on enforcement during the Fourth of July holiday
continues to increase annually with an approximately 50% increase in police calls for
service from 2015 to 2016 alone: and
WHEREAS, an amendment to Section 9-190 to also prohibit possession of illegal
fireworks will facilitate the Police Department's enforcement efforts going forward.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 9-190 as found in Chapter II of Title 9 of the Costa Mesa
Municipal Code is hereby amended to read as follows:
No person shall possess, discharge, sell or offer for sale, any fireworks within the
city which are classified as dangerous fireworks as those terms are defined by the
California Health and Safety Code.
Section 2. Any provision of the Costa Mesa Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council of the City of Costa Mesa hereby declares
that it would have adopted this Ordinance and each section, subsection, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases or portions be declared invalid or
unconstitutional.
Section 4. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same to be published and posted
pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days
after its final passage.
PASSED AND ADOPTED this day of , 2017.
Mayor
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk of the City of Costa Mesa
City Clerk and ex -officio
Clerk of the City Council of the
City of Costa Mesa
2