HomeMy WebLinkAbout04 - CC-4 - Second Reading of Ordinance No.17-14 - 10/17/2017CITY COUNCIL AGENDA REPORT
MEETING DATE: OCTOBER 17, 2017 ITEM NUMBER: CC -4
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: OCTOBER 9, 2017
FROM: POLICE DEPARTMENT
PRESENTATION BY: GREG SCOTT, LIEUTENANT
FOR FURTHER INFORMATION CONTACT: GREG SCOTT (714) 754-5266
RECOMMENDATION:
City Council 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 October 3, 2017 special meeting, the City Council gave second reading and
adopted the above referenced ordinance by 5-0 vote. However, pursuant to the Brown
Act, an ordinance can only be adopted at a regular meeting, therefore, staff is
requesting that the City Council adopt Ordinance No. 17-14.
FISCAL REVIEW:
No additional expenditures are anticipated as a result of this code amendment.
LEGAL REVIEW:
None required.
CONCLUSION:
Staff is requesting the City Council 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 Amendina CMMC 9-190
ATTACHMENT - 1
ORDINANCE NO. 17-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AMENDING SECTION 9-190 OF CHAPTER II OF TITLE 9 OF THE COSTA
MESA MUNICIPAL CODE RELATING TO SALE, USE AND DISCHARGE OF
FIREWORKS
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
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
Ordinance No. 17-14 Page 1 of 3
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 17th day of October, 2017.
Katrina Foley, Mayor
ATTEST:
APPROVED AS TO FORM:
Brenda Green, City Clerk Thomas Duarte, City Attorney
Ordinance No. 17-14 Page 2 of 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that
the above and foregoing Ordinance No. 17-14 was duly introduced for first reading at a
regular meeting of the City Council held on the 5th day of September, 2017, and that
thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City
Council held on the 17th day of October, 2017, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of
Costa Mesa this 18th day of October, 2017.
BRENDA GREEN, CITY CLERK
Ordinance No. 17-14 Page 3 of 3