HomeMy WebLinkAbout04-30 - Adopting a Council Policy Regulating Fireworks SalesRESOLUTION NO. 04-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, ADOPTING A COUNCIL
POLICY REGULATING FIREWORKS SALES.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the Costa Mesa Municipal Code contains certain regulations in
Sections 9 -179 through 9 -190 governing the issuance of permits for sale of safe and
sane fireworks and their discharge; and
WHEREAS, the code also contains provisions to provide that the City Council may
adopt further regulations by resolution; and
WHEREAS, the Council desires to enact such additional regulations;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa
Mesa hereby adopts the attached Council Policy No. 400-2.
PASSED AND ADOPTED this 3rd day of May, 2004.
ATTEST:
Deputy ity Clerk of the City of Costa —Mesa
Mesa Mayor of th City of Costa Mesa
APPROVED AS TO FORM
,1
City Attorney
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, Deputy City Clerk and ex -officio Clerk of the City Council of the
City of Costa Mesa, hereby certify that the above and foregoing Resolution
No. 04-30 was duly and regularly passed and adopted by the said City Council at
a regular meeting thereof held on the 3`d day of May, 2004, by the following roll call
vote:
AYES: Monahan, Steel, Scheafer
NOES: Mansoor, Cowan
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the City of Costa Mesa this 4th day of May, 2004.
�-
DepLify City Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa
2
CITY OF COSTA MESA, CALIFORNIA
COUNCIL POLICY
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
REGULATIONS GOVERNING FIREWORKS
400-2
5/3/04
1 of 2
BACKGROUND
The Costa Mesa Municipal Code contains regulations governing the issuance of fireworks
permits and the discharge of fireworks. These regulations are found in sections 9 -179 through
9 -190. The City Council is authorized to enact further measures governing fireworks.
PURPOSE
The City Council wishes to adopt additional regulations governing the sale and discharge of
fireworks in order to increase the protection and well-being of our citizens. The Council
intends to tighten the safety regulations while still allowing our residents the limited use of
fireworks.
POLICY
The City Council of Costa Mesa believes that the City residents can safely utilize fireworks to
celebrate their patriotism when done according to reasonable safety regulations. Various
youth oriented organizations should be permitted to sell fireworks to raise funds for support of
valuable youth activities that contribute to the general strength, health and enjoyment of our
residents. These goals can be obtained by limiting the number of fireworks stands and strictly
prohibiting the sale of all dangerous fireworks.
REGULATIONS
1. The sale of "spinners" and similar fireworks and the sale of any fireworks that are intended
to be "hand held" are prohibited. This prohibition shall be effective immediately for the sale
of these devices individually or in homogeneous packages, and their sale within group
packages containing an assortment of various fireworks devices shall be prohibited
beginning in year 2006. The Fire Chief shall prepare (and update as needed) a list of the
common names of the various fireworks devices that are "hand held" and "spinners." This
list will be made available to fireworks manufacturers, distributors and other interested
persons.
2. No fireworks sale permit shall be issued to any organization that did not have a permit for
year 2003.
3. No more than 4 permits each year may be issued to organizations based at a single school
located within the City or where Costa Mesa residents constitute 50% or more of the
students at a school located within 1 mile of the City boundary.
4/29/04
CITY OF COSTA MESA, CALIFORNIA
COUNCIL POLICY
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
REGULATIONS GOVERNING FIREWORKS
400-2
5/3/04
2 of 2
4. The total number of permits for fireworks sale stands each year shall not exceed 40. The
Finance Department will use a lottery system to allocate the permits if more than 40
qualified applicants file for permits in any year.
5. No permits shall be issued for any year unless the fireworks industry satisfies two
requirements. First, it must prepare and distribute flyers in both English and Spanish
explaining fireworks safety and water quality protection to all Costa Mesa schools for their
students prior to June 15t . Before distribution, a sample of the flyer shall be submitted to
the City Fire Chief for his comments. A sufficient number of these flyers must also be
provided to the operators of the fireworks stands for distribution to all buyers. Second, the
fireworks industry must provide to the Fire Department a sufficient number of signs for
posting in City parks advising the public about the City's fireworks regulations. The City
Fire Chief will provide the desired wording and design for the signs.
4/29/04