HomeMy WebLinkAbout06 - OB-2 - Amending Article 8 of the Costa Mesa Mun - 5/18/2010CITY COUNCIL AGENDA REPORT
MEETING DATE: MAY 18, 2010 ITEM NUMBER:
SUBJECT: AMENDING ARTICLE 8 OF THE COSTA MESA MUNICIPAL CODE REGULATING
FIREWORKS
DATE: MAY 6, 2010
FROM: CITY MANAGER'S DEPARTMENT
PRESENTATION THOMAS R. HATCH, ASSISTANT CITY MANAGER
BY:
FOR FURTHER INFORMATION CONTACT: THOMAS R. HATCH, ASSISTANT CITY MANAGER @
714-754-5328
KELLY R. SHELTON, EXEC. ASSIST. TO CITY
MANAGER @ 714-754-5328
RECOMMENDATION:
That the City Council give second reading to Ordinance 10-6 of the Costa Mesa Municipal
Code (Attachment 1) with the following amendments:
1. Amend language to Costa Mesa Municipal Code Section 9-190(d) reflecting new hours
of operation for fireworks stands on July 4; and
2. Amend language to Costa Mesa Municipal Code Section 9-190(a) allowing the sale of
hand-held devices as deemed "safe and sane" by the California State Fire Marshall.
BACKGROUND:
At the City Council meeting of May 4, 2010 (Attachment 2), the City Council approved two
amendments to the Costa Mesa Municipal Code relative to the hours of operation of
firework stands on the 4t" of July and the sale of "hand-held devices".
At the City Council meeting of April 20, 2010 (Attachment 3), the City Council reviewed a
request from a number of non-profit organizations to amend the existing fireworks
ordinance to extend the hours of operation for the sale of fireworks on the 4t" of July from
8:00 p.m. to 9:00 p.m. and to allow the sale of hand-held devices as deemed "safe and
sane" by the California State Fire Marshall. The City Council received public input and
approved the request for the two changes with a vote of 3-1 for the request to extend
operating hours on the 4t" of July and with a vote of 4-0 to allow for the sale of hand-held
devices. The approval of these two requests requires a modification to both Municipal
Code Section 9-190(a) and (d) and a revision to Council Policy 400-2.
1
ANALYSIS:
At their April 20, 2010 meeting, the City Council approved two actions related to the sale
of fireworks in the City of Costa Mesa. First, to extend the hours of operation for the
sale of fireworks from 8:00 p.m. to 9:00 p.m. and secondly, to allow the sale of hand-
held devices as deemed "safe and sane" by the California State Fire Marshall.
The City Council must adopt the following changes to Section 9-190 of the Costa Mesa
Municipal Code:
1. Change wording in Section 9-190(d) to read, "No person shall sell or offer for
sale fireworks within the city unless such sale occurs between July 1St and
8:00 9:00 p.m. on July 4t", inclusive."; and
2. Change wording in Section 9-190(a) to read, "No person shall discharge, sell
or offer for sale, any fireworks within the city which are classified as
dangerous fireworks, ^,gid Gore ermetal core spar! as those terms are
defined by the California Health and Safety Code."
In addition, Council Policy 400-2 must also be revised with the following wording:
1. Modify wording of No. 1 under Regulations to read, "The sale of "spinners"
and similar fireworks and the sale ef aRY fireworks that aro iRtenlded to be
""aid" 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. Modify wording of No. 10 under Regulations to read, "Fireworks sales to the
public on 7/1 through 7/3 shall be limited to between the hours of 10:00 a.m.
and 10:00 p.m. each day. On 7/4, fireworks sales to the public shall be
limited to between the hours of 9:00 a.m. and 8,0 9:00 p.m."
FISCAL REVIEW:
No fiscal review is necessary.
LEGAL REVIEW:
The City Attorney's Office has recommended, reviewed, and approved the changes to the
Costa Mesa Municipal Code and attached Ordinance 10-6.
E
CONCLUSION:
Staff recommends that the City Council give second reading to Ordinance 10-6 of the
Costa Mesa Municipal Code amending Article 8, Section 9-190 of the Costa Mesa
Municipal Code regulating reflecting new hours of operation of the fireworks stands on
July 4 and the permissible sale of hand-held devices.
KELLY R. SHELTON
Exec. Assistant to the City Manager
KIMBERLY HALL BARLOW
City Attorney
THOMAS R. HATCH
Assistant City Manager
ATTACHMENTS: 1 Ordinance 10-6
2 City Council Staff Report — May 4, 2010
3 City Council Staff Report — April 20, 2010
DISTRIBUTION: Fire Chief
Police Chief
Revenue Supervisor
3
ATTACHMENT
ORDINANCE NO. 10-6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA AMENDING TITLE 9 OF THE
COSTA MESA MUNICIPAL CODE REGARDING FIREWORKS
SALES
WHEREAS, City Council has received numerous requests from the non-profit
organizations that sponsor fireworks stands to modify the closing time for fireworks
booths on July 4t" to 9:00 P.M. in order to have the opportunity to increase their sales
and reduce the number of customers turned away at closing time; and
WHEREAS, two of the organizations additionally requested reversal of the ban
on hand held devices, which would also increase profitability; and
WHEREAS, at the meeting of April 20, 2010, City Council approved the above -
referenced requests.
THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Title 9, Chapter II, Article 8, Fireworks Sales, Section 9-190 of the
Costa Mesa Municipal Code is hereby amended to read as follows:
Sec. 9-190. Prohibitions; state permit required.
(a) 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.
(d) No person shall sell or offer for sale fireworks within the city unless
such sale occurs between July 1st and 9:00 p.m. on July 4th,
inclusive.
Section 2. Inconsistencies. 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. Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any
person, 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 portion of this Ordinance or its application to other persons. The City Council
hereby declares that it would have adopted this Ordinance and each chapter, article,
section, subsection, subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or portions of the application thereof to any person, be declared
invalid or unconstitutional. No portion of this Ordinance shall supersede any local,
State, or Federal law, regulation, or codes dealing with life safety factors.
Section 4. This Ordinance shall take effect and be in full force thirty (30) days
from and after the passage thereof, and prior to the expiration of fifteen (15) days from
its passage shall be published once in the DAILY PILOT, a newspaper of general
circulation, printed and published in the City of Costa Mesa or, in the alternative, the
City Clerk may cause to be published a summary of this Ordinance and a certified copy
of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days
prior to the date of adoption of this Ordinance, and within fifteen (15) days after
adoption, the City Clerk shall cause to be published the aforementioned summary and
shall post in the office of the City Clerk a certified copy of this Ordinance together with
the names and member of the City Council voting for and against the same.
2
PASSED AND ADOPTED this 18th day of May, 2010.
ATTEST:
City Clerk of the City of Costa Mesa
Mayor of the City of Costa Mesa
APPROVED AS TO FORM:
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss
CITY OF COSTA MESA )
I, Julie Folcik, City Clerk and ex -officio clerk of the City Council of the City of
Costa Mesa, hereby certify that the above and foregoing Ordinance No. 10-6 was
introduced and considered section by section at a regular meeting of said City Council
held on the 18th day of May, 2010, and thereafter passed and adopted as a whole at a
regular meeting of said City Council held on the 18th day of May, 2010, by the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 19th day of May, 2010.
City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa
4
ATTACHMENT
MEETING DATE: May 4, 2010 ITEM NUMBER:
i
SUBJECT: AMENDING ARTICLE 8 OF THE COSTA MESA MUNICIPAL CODE REGULATING
FIREWORKS AND COUNCIL POLICY 400-2
DATE: APRIL 22, 2010
FROM: CITY MANAGER'S DEPARTMENT
PRESENTATION BY: THOMAS R. HATCH, ASSISTANT CITY MANAGER
FOR FURTHER INFORMATION CONTACT: THOMAS R. HATCH, ASSISTANT CITY MANAGER @
714.754-5328
KELLY R. SHELTON, EXEC, ASSIST. TO CITY
MANAGER @ 714-754-5328
RECOMMENDATION:
That the City Council give first reading to Ordinance 10 -_of the Costa Mesa Municipal
Code (Attachment 1 — Redline Version and Attachment 2 — Final Version) and approve
revised Council Policy 400-2 (Attachment 3) with the following modifications:
1. Amend language to Costa Mesa Municipal Code Section 9-190(d) reflecting new
hours of operation for fireworks stands on July 4 and Section 9-190(a) allowing the
sale of hand-held devices as deemed "safe and sane" by the California State Fire
Marshall, and
2. Amend language to City of Costa Mesa Council Policy 400-2 reflecting new hours
of operation for fireworks stands on July 4 and the sale of hand-held devices as
deemed "safe and sane" by the California State Fire Marshall.
BACKGROUND:
At the City Council meeting of April 20, 2010 (Attachment 4), the City Council reviewed a
request from a .number of non-profit organizations to amend the existing fireworks
ordinance to extend the hours of operation for the sale of fireworks on the 4t` of July from
8:00 p.m. to 9:00 p.m. and to allow the sale of hand-held devices as deemed "safe and
sane" by the California State Fire Marshall. The City Council received public input and
approved the request for the two changes with a vote of 3-1 for the request to extend
operating hours on the 4'h of July and with a vote of 4-0 to allow for the sale of hand-held
devices. The approval of these two requests requires a modification to both Municipal
Code Section 9-190(a) and (d) and a revision to Council Policy 400-2.
ATTACHMENT
ANALYSIS:
At their April 20, 2010 meeting, the City Council approved two actions related to the
sale of fireworks in the City of Costa Mesa. First, to extend the hours of operation for
the sale of fireworks from 8:00 p.m, to 9:00 p.m. and secondly, to allow the sale of
hand-held devices as deemed "safe and sane" by the California State Fire Marshall,
The City Council must adopt the following changes to Section 9-190 of the Costa Mesa
Municipal Code:
1. Change wording in Section 9-190(d) to read, "No person shall sell or offer for
sale fireworks within the city unless such sale occurs between July 1St and
8.00- 9:00 p.m. on July 4th, inclusive."; and
2. Change wording in Section 9-190(a) to read, "No person shall discharge, sell
or offer for sale, any fireworks within the city which are classified as
dangerous fireworks, GF wood Gere eF metal Gore spar as those terms are
defined by the California Health and Safety Code."
In addition, Council Policy 400-2 must also be revised with the following wording:
1. Modify wording of No. 1 under Regulations to read, "The sale of "spinners"
and similar fireworks and the Sale of any fiFewerks that are intended to be
"hand W 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 " "spinners." This list will be made
available to fireworks manufacturers, distributors and other interested
persons.
2. Modify wording of No. 10 under Regulations to read, "Fireworks sales to the
public on 711 through 713 shall be limited to between the hours of 10:00 a.m.
and 10:00 p.m. each day. On 714, fireworks sales to the public shall be
limited to between the hours of 9:00 a.m. and &90 9:00 p.m."
FISCAL REVIEW:
No fiscal review is necessary.
LEGAL REVIEW:
The City Attorney's Office has recommended, reviewed, and approved the changes to the
Costa Mesa Municipal Code.
CONCLUSION:
Staff recommends that the City Council give first reading to Ordinance 10- of the Costa
Mesa Municipal Code amending Article 8, Section 9-190 of the Costa Mesa Municipal
2
ATTACHMENT
Code regulating reflecting new hours of operation of the fireworks stands on July 4 and
the permissible safe of hand-held devices and Council Policy 400-2.
L Y HELTON
Exec. Assistant to the City Manager
KIMBERLY HALL BARLOW
City Attorney
ATTACHMENTS: 1
2
3
4
DISTRIBUTION:
/ �THOMAS
Assistant City Manager
Redline Ordinance 10 -
Final Ordinance 10 -
Amended Council Policy 400-2
City Council Staff Report — April 20, 2010
Fire Chief
Police Chief
Revenue Supervisor
I
ATTACHMENT
ATTACHMENT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA AMENDING TITLE 9 OF THE
COSTA MESA MUNICIPAL CODE REGARDING FIREWORKS
SALES
WHEREAS, City Council has received numerous requests from the non-profit
organizations that sponsor fireworks stands to modify the closing time for fireworks
booths on July 4th to 9:00 p.m. in order to have the opportunity to increase their sales
and reduce the number of customers turned away at closing time; and
WHEREAS, two of the organizations additionally requested reversal of the ban
on hand held devices, which would also increase profitability; and
WHEREAS, at the meeting of April 20, 2010, City Council approved the above -
referenced requests.
THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Title 9, Chapter II, Article 8, Fireworks Sales, Section 9-190 of the
Costa Mesa Municipal Code is hereby amended to read as follows:
Sec. 9-190. Prohibitions; state permit required.
(a) No person shall discharge, sell or offer for sale, any fireworks within
the city which are classifiedas dangerous fireworks, or wood Gore o
metal Gore sparkles as those terms are defined by the California
Health and Safety Code.
(d) No person shall sell or offer for sale fireworks within the city unless
such sale occurs between July 1 st and 8-09 9:00 p.m. on July 4th,
inclusive.
Section 2. Inconsistencies. Any provision of the Costa Mesa Municipal Code
or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
1
ATTACHMENT
such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to effect the provisions of this Ordinance.
Section 3. Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any
person, 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 portion of this Ordinance or its application to other persons. The City Council
hereby declares that it would have adopted this Ordinance and each chapter, article,
section, subsection, subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or portions of the application thereof to any person, be declared
invalid or unconstitutional. No portion of this Ordinance shall supersede any local,
State, or Federal law, regulation, or codes dealing with life safety factors.
Section 4. This Ordinance shall take effect and be in full force thirty (30) days
from and after the passage thereof, and prior to the expiration of fifteen (15) days from
its passage shall be published once in the DAILY PILOT, a newspaper of general
circulation, printed and published in the City of Costa Mesa or, in the alternative, the
City Clerk may cause to be published a summary of this Ordinance and a certified copy
of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days
prior to the date of adoption of this Ordinance, and within fifteen (15) days after
adoption, the City Clerk shall cause to be published the aforementioned summary and
shall post, in the office of the City Clerk a certified copy of this Ordinance together with
the names and member of the City Council voting for and against the same.
2
PASSED AND ADOPTED this th day of May, 2010.
ATTEST:
City Clerk of the City of Costa Mesa
ATTACHMENT
Mayor of the City of Costa Mesa
APPROVED AS TO FORM:
Assistant City Attorney
ATTACHMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss
CITY OF COSTA MESA )
I, Julie Folcik, City Clerk and ex -officio clerk of the City Council .of the City of
Costa Mesa, hereby certify that the above and foregoing Ordinance No. 10- was
introduced and considered section by section at a regular meeting of said City Council
held on the th day of May, 2010, and thereafter passed and adopted as a whole at a
regular meeting of said City Council held on the to day of May, 2010, by the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this th day of May, 2010.
City Clerk and ex-officlo Clerk of the
City Council of the City of Costa Mesa
ATTACHMENT
ORDINANCE NO. 10 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA AMENDING TITLE 9 OF THE
COSTA MESA MUNICIPAL CODE REGARDING FIREWORKS
SALES
WHEREAS, City Council has received numerous requests from the non-profit
organizations that sponsor fireworks stands to modify the closing time for fireworks
booths on July 4t' to 9:00 P.M. in order to have the opportunity to increase their sales
and reduce the number of customers turned away at closing time; and
WHEREAS, two of the organizations additionally requested reversal of the ban
on hand held devices, which would also increase profitability; and
WHEREAS, at the meeting of April 20, 2010, City Council approved the above -
referenced requests.
THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Title 9, Chapter II, Article 8, Fireworks Sales, Section 9-190 of the
Costa Mesa Municipal Code is hereby amended to read as follows:
Sec. 9-190. Prohibitions; state permit required.
(a) 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.
(d) No person shall sell or offer for sale fireworks within the city unless
such sale occurs between July 1 st and 9:00 p.m. on July 4th,
inclusive.
Section 2. Inconsistencies. Any provision of the Costa Mesa Municipal Code
or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
ATTACHMENT
such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to effect the provisions of this Ordinance.
Section 3. Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any
person, 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 portion of this Ordinance or its application to other persons. The City Council
hereby declares that it would have adopted this Ordinance and each chapter, article,
section, subsection, subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or portions of the application thereof to any person, be declared
invalid or unconstitutional. No portion of this Ordinance shall supersede any local,
State, or Federal law, regulation, or codes dealing with life safety factors.
Section 4. This Ordinance shall take effect and be in full force thirty (30) days
from and after the passage thereof, and prior to the expiration of fifteen (15) days from
its passage shall be published once in the DAILY PILOT, a newspaper of general
circulation, printed and published in the City of Costa Mesa or, in the alternative, the
City Clerk may cause to be published a summary of this Ordinance and a certified copy
of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days
prior to the date of adoption of this Ordinance, and within fifteen (15) days after
adoption, the City Clerk shall cause to be published the aforementioned summary and
shall post in the office of the City Clerk a certified copy of this Ordinance together with
the names and member of the City Council voting for and against'the same.
2
PASSED AND ADOPTED this th day of May, 2010.
ATTEST:
City Clerk of the City of Costa Mesa
ATTACHMENT
Mayor of the City of Costa Mesa
APPROVED AS TO FORM:
Assistant City Attorney
ATTACHMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss
CITY OF COSTA MESA )
I, Julie Folcik, City Clerk and ex -officio clerk of the City Council of the City of
Costa Mesa, hereby certify that the above and foregoing Ordinance No. 10- was
introduced and considered section by section at a regular meeting of said City Council
held on the to day of May, 2010, and thereafter passed and adopted as a whole at a
regular meeting of said City Council held on the th day of May, 2010, by the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this th day of May, 2010.
City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa
CITY OF COSTA MESA, CALIFORNIA
COUNCIL, POLICY
SUBJECT
REGULATIONS GOVERNING FIREWORKS
BACKGROUND
ATTACHMENT
POLICY EFFECTIVE PAGE
NUMBER DATE
400-2 5117104 1 of 3
REV:
1117106; 613106,
516108, 051/9/09
614110
The Costa Mesa Municipal Code contains regulations governing the issuance of tireworks 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.
PURE
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 pf our residents. These goals can be
obtained by limiting the number of fireworks and strictly prohibiting the sale of all dangerous fireworks.
REGULATIONS
1. The sale of "spinners" and similar fireworks
"hnnd-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 l=ire Chief shall prepare (and update as needed) a list of the common names of the various
fireworks devices that are "hand -heldLaiW "spinners." This list will be made available to fireworks
manufacturers, distributors and other interested persons.
2. No more than one fireworks sales permit shall be issued to a single organization or school, unless
more are expressly allowed in this Policy.
3. No more than 9 permits each year may be issued to organizations based at a single high school
located within the City or where Costa Mesa residents constitute 50% or more of the students at a
high school located within 1 mile of the City boundary. For an applicant based at a high school to
qualify for a permit, the applicant must attach a letter to the application from the school's Principal
or Activities Director certifying the applicant is a recognized organization supporting school
activities.
ATTACHMENT
CITY OF COSTA MESA, CALIFORNIA
COUNCIL POLICY
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
REGULATIONS GOVERNING FIREWORKS
400-2
5117104
2 of 3
REV:
1117106; 613106,
616108,05/19109
514110
4. No more than 2 permits each year may be issued to each K-8 private or public school within
Costa Mesa city boundaries or to K-8 schools outside of the City's boundaries with enrollment of
fifty percent (50%) or more Costa Mesa resident students,
5. No more than 5 permits each year may be issued to a Group 1 User (or sponsored group) as
defined in the City's Athletic Field/Facility Use and Allocations Policy.
6. The requirement in Costa Mesa Municipal Code Section 9-181(c) that a non -school applicant
must have 80% of its °members" be residents of Costa Mesa may be satisfied if the applicant can
show that the funds raised from the fireworks sales will be used for an activity or event where at
least 80% of the participants or persons benefited are youths residing in Costa Mesa, The 80%
requirement shall not apply to past -twelfth -grade schools located in Costa Mesa.
7. No more than 40 permits for fireworks sales stands shall be approved each year. The Finance
Department will use a lottery system to allocate the permits if more than 40 qualified applicants
file for permits in any year.
8. No permits shall be issued for any year unless the fireworks industry prepares flyers in both
English and Spanish, explaining fireworks safety and water quality protection for distribution to all
Costa Mesa schools for their students. A sample of the flyer shall be submitted to the City Fire
Chief for his comments. The flyers shall be delivered to the Fire Chief by June V each year. A
sufficient number of these flyers must also be provided to the operators of the fireworks stands for
distribution to all buyers.
9. Permit applicants may be asked by the Director of f=inance to submit information to verify
statements made on the application form. Any applicant who is unable to verify such statements
may be disqualified from obtaining any future permits. Permits are not transferrable.
10. Fireworks sales to the public on 711 through 713 shall be limited to between the hours of 10:00 am
and 10:00 p.m. each day. On 714, fireworks sales to the public shall be limited to between the
hours of 9:00 am and 8.90-x-9:00 p.m.
11. Discharge of safe and sane fireworks shall be limited to the Fourth of July (714), from 4:00 p.m.
until 10:00 p.m.
12, The Costa Mesa Fire Chief has been granted the authority by the City Council to declare a
moratorium on the use of fireworks if conditions of high winds or advanced drought conditions
exist. The City Manager will be notified immediately and will determine how this will be
communicated to the public.
13. All City parks shall be posted with appropriate signs advising the public that discharge of any
fireworks is prohibited at Costa Mesa public parks, and that violators will be cited and fined. The
CITY OF COSTA MESA, CALIFORNIA
COUNCIL. POLICY
SUBJECT
REGULATIONS GOVERNING FIREWORKS
ATTACHMENT
POLICY EFFECTIVE PAGE
NUMBER DATE
400-2 5117104 3 of 3
REV:
1117106, 613106,
516108,05119/09
514110
Maintenance Services Manager or his/her designee shall ensure that all park sprinkler irrigation
systems are functioning properly and set to go on for a period of time on the evening of July 4'h to
further discourage the use of fireworks at City parks.
14. Notification signs to the public shall be strategically placed at access points of the City at least
one week prior to July &h. The signs shall advise the public of the City's zero tolerance of illegal
fireworks and illegal use of legal fireworks as well as associated penalties.
ATTACHMENT
ATTACHMENT
MEETING DATE: APRIL 20, 2010 ITEM NUMBER:
SUBJECT: REQUEST OF COUNCIL MEMBER MONAHAN FOR CONSIDERATION OF PROPOSED
CHANGES IN REGULATION OF FIREWORKS
DATE: APRIL 20, 2010
FROM: COUNCIL MEMBER GARY MONAHAN
PRESENTATION BY: COUNCIL MEMBER GARY MONAHAN
FOR FURTHER INFORMATION CONTACT: THOMAS R. HATCH, ASSISTANT CITY MANAGER
KELLY SHELTON, EXEC. ASSIST. TO CITY MANAGER
RECOMMENDATION:
That the City Council provide direction.
BACKGROUND:
The City Council has received requests from five non-profit organizations requesting that
the closing time for fireworks booths on July 40' be modified from 8:00 p.m. to 9:00 p.m.
These organizations include Costa Mesa Pop Warner Football, Costa Mesa Boy's
Basketball, Orange Coast College Foundation (Men's and Women's Basketball), Mika
Community Development Corporation, and Estanica High School Golf (see Attachment
1). In these tough economic times, they indicate that based on their past experiences,
there is an opportunity to increase their sales with a later closing time as many of their
stands still have patrons in line when they are required to close down.
In addition, Costa Mesa Pop Warner Football, Orange Coast College Foundation (Men's
and Women's Basketball) have included in their closing time modification request a
request for the reversal of the City Council's April 19, 2004 (see Attachment 2) decision to
prohibit the sale of "hand held devices" in particular, the sale of the Morning Glory
product. They indicate that adding Morning Glories back into the sales line-up would
have an even greater effect on their profits, along with those of other Costa Mesa non-
profits. Sale of these devices has been phased out over a two-year period beginning in
2004.
Notification of this issue on the City Council agenda has been made to those requesting
the modifications and to those non-profit organizations that sponsored fireworks stands in
2009.
ATTACHMENT
ANALYSIS:
City of Costa Mesa Municipal Code Section 9-190 states (see Attachment 3):
Section 9-190(d) Prohibitions; state permit required states that "No person shall sell
or offer for sale fireworks within the city unless such sale occurs between July 1St and
8:00 p.m. on July 4t', inclusive."
Section 9-190(a) Prohibitions; state permit required states "No person shall discharge,
sell or offer for sale, any fireworks within the city which are classified as dangerous
fireworks, or wood core or metal core sparklers as those terms are defined by the
California Health and Safety Code.
Council Policy 400-2 adopted by the City Council on May 18, 2009 (see Attachment
4) indicates that:
The sale ofspinners:' and similar fireworks and the sale of any fireworks that are
intended to be "handheld" 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......."
"Fireworks sales to the public on 711 through 713 shall be limited to between the
hours of 10:00 a.m. and 10:00 p.m. each day. On 714, fireworks sales to the public
shall be limited to between the hours of 9:00 a.m. and 8:00 p.m."
The Fire Chief and Police Chief have provided a memorandum for City Council
consideration (see Attachment 5). The memorandum identifies the following concerns
relative to the requested changes:
Sunset on July 4, 2010 occurs at approximately 8:09 p.m, with darkness ensuing
at 9:13 p.m. By extending the time of sale until 9:00 p,m., some residents and
non-residents will be encouraged to drive their vehicles well into the dark hours of
July 4 either to purchase last-minute devices or to restock on fireworks devices.
• Visibility on and adjacent to City streets is severely hampered by darkness
combined with lingering smoke clouds created by the ignition of fireworks devices.
® Darkness and -decreased visibility, created by lingering smoke, combined with
increased traffic activity may lead to an increase in vehicle vs. pedestrian
accidents, an increase in vehicle vs. vehicle accidents and an increase in the
response time of emergency personnel.
® Alcoholic beverage consumption is common to 0' of July celebrations and
extended sales hours would likely increase the number of alcohol impaired
motorists driving to restock firework devices, in darkness and decreased visibility,
which may result in an increase in both vehicle vs. pedestrian and vehicle vs,
vehicle accidents. By keeping the time restrictions as they are will encourage
people to be in their locations before dark and discourage driving in less than ideal
conditions.
ATTACHMENT
Sparklers are responsible for the vast majority of legal fireworks -related injuries.
The most common situation for injuries occurs when lit sparklers are given to
unsupervised children, many of whom may not understand the risks. The devices
burn at high temperatures, as hot as 18007 to 3000°F depending on the fuel and
oxidizer used, and are more than sufficient to cause severe skin burns or ignite
clothing.
Nearly half of all fireworks related injuries are sustained by children under the age
of 15. Over half of fireworks related injuries sustained by children under the age of
5 are caused by sparklers. Sparklers cause more injuries to children under the
age of 5 than any other type of firework device. Sparklers, fountains and novelties
accounted for 36% of emergency room visits from firework devices in 2007.
Survey of Cities.
A survey including the four cities in Orange County that still allow safe and safe fireworks
was conducted to see where they stand on the above two issues. The hand-held devices
are described as those devices that have been deemed safe and sane by the State Fire
Marshall.
CITY
City of Santa Ana
City of Garden Grove
City of Stanton
City of Buena Park
Closing Time — 0 of Jul
ALTERNATIVES CONSIDERED:
No alternatives proposed.
FISCAL REVIEW:
No Fiscal Review required.
LEGAL REVIEW:
8:00 p.m.
10:00 P.M.
10:00 p.m.
8:00 p.m.
Hand -Held Devices Sold
Yes
Morning Glories Only
Yes
Yes
If the City Council provides staff direction to move forward with the requested changes,
the City Attorney would be required to review the revision to the current Fireworks
Ordinance.
ATTACHMENT
CONCLUSION:
The attached memorandum from the Fire Chief and Police Chief indentifies concerns and
potential risks from authorizing the extension of the time for fireworks sales on the 40 of
July and the sale of hand-held devices. The Police Department is currently operating
twelve sworn positions below its authorized strength. The Fire Department is undergoing
reduction to its minimum staffing levels. Both Departments do not have overtime
allocated to handle the increased workload as it relates to these requested changes.
It is recommended that the City Council consider the reduced staffing levels, the
recommendation from the Fire Chief and Police Chief, the results of the survey, the
requests from the user groups and provide direction to staff.
If the City Council approves the modification(s) requested, both Council Policy 400-2 and
Ordinance 04-5 would require revisions and approval at the next City Council meeting to
be effective prior to this 4"' of July holiday.
Alp, -
S LTON AHOMASR. HATCH
EXEC'&IVE ASSISTANT TO THE ASSISTANT CITY MANAGER
CITY MANAGER
ATTACHMENTS: I Request Letters
2 April 19, 2004 Staff Report
3 Ordinance 04-5
4 Council Policy 400-2
5 Memorandum from Fire Chief and Police Chief
ATTACHMENT
ORANGE COAST COLLEGE FOUNDATION
2701 rain -few Rd., P.O. Box 5005, Costa :14t:5t1, Cil 92628-5005 + (714) 4:32.5749 FAX (714),4.32-5620
March S, 2010
officers
Chrrnrun
4xid,: Guns
Prriidral Errt fm
Oran,gC;,s, ccrfrlr Mayor Alan Mansoor
Via Chiamun Mayor Pro Tem Wendy Lecce
A. ParrKk'.funnr
mfir, s• ru to Councilmember Bic Bever
rreaiattr
I& Idler Councilmember Katrina Foley
retrfilf Councilmember Gat), Monahan
Secrai r),
Jim TuTelf City Manager Alan Roeder
Ya>t `hlit
r)niJj 77 Fair Drive
Cfint
FILA 14IDA Costa Mesa, CA 92626
Members
Slary Lynn &rgnun •Rililr
Ed Divew Dear Mayor, Council and City Manager,
Cr+s!u 11; ra thar.Jtr ,y Crmmrrtr
Pr 4g' Pa
�rr5(vrla�lurk,Y!r�;(.rrrrrts We are asking for consideration for twomodifieations to the current Costa Mesa
1,targa A.Cmam-Tonicr fireworks ordinance.
Yr'rhfrnr Eoudlra
Orange r.,ttir Cdr;,?
PatricitltaJil:,, In May of 2004, the city council modified the existing ordinance further restricting
Anji Ir'miqualifications for poi types of products allowed and finally times/dates for sale
Mo.- Cats C,4l.�;'
Ntarlrlseprr.iPRgrt and use. One of the restrictions unposed was a closing time for all stands at 8:00
p;r rrtre, T,c,rh; m. on the night of the Fourth of Ju
xu;i, K. erste, a p' July.
y'
The IIN r;,rtna=hrl,, fef.
jerlwy lit'da This letter respectfiilly rcquesis formally agendizing a discussion that would change
1t Green
Is, II&$ Niccce
fire closing time to 9:00 pan. 1,Ti order not to increase the total liotu•s of sale from July
trrrrdr Iy n 1-4, we would consider amending the opening times.
S1clares F t)arfn
(3rpgir CLuIlla' rFrnr.dal Jt,+',iet
Rrelora Nwas Furthermore, we would request the council agendize a discussion on the sale of the
AVO
Morticing Glory product tiie California version of a sparkler. Sale of the product in
Costa Mesa was phased out over a two-year period beginning in 2004.
]rrre3i 1. Rirlurds, r:rs.n
i3tR,rirrr Th) cn
Ls -officio It is no secret these are difficult economic times. Based on our experience, thele is an
keict, ikrs opportunity to increase our sales with a 9:00 p.m, closing time. Many of our stands
err Lir still have people in line when we have to close down, And, the re -introduction of
Ofogy 4t15t fL'jlr,ie
165 ua;g Morning Glories to the sales line-up would have an even greater effect on our profits
+ruirr�`knirra (plus other Costa Mesa non -profits) and the funds we raise to support the Men's and
Women's Basketball Teams at Orange Coast College.
Sidindi wilt
"'Irz r'reii1a
rrisi0if0l"I Thank you for your consideration and we look forward to the o p rfunity for further
i3fd>tir l.,�lii Llil:j r
nla,��a r Pa rl discussion.
Vice 14tsllrl
A6rq,j i airrS:nisi0
om �yi Leslie
S[4': 113 Itirdur Sincerely,
14 7t.nse Ffv:; t i I!;yr
I%�i:&bit' [Y.nnril Ve Speneei *Mike'11�rlton Doll ennett
liv.t'trr;a 11'e.Yl .r
Head Men's Head Women's Executive Director
Basketball Coach Basketball Coach
ATTACHMENT
commujilly
development
corporation
March 7, 2010
Mayor Alan Mansoor
Mayor Pro Tem Wendy Leece
Councilmember Eric Sever
Councilmember Katrina Foley
Councilmember Gary Monahan
City Manager Alan Roeder
Dear Mayor, Council and City Manager,
We are asking for consideration for a modification to the current Costa Mesa
fireworks ordinance.
In May of 2004, the city council modified the existing ordinance further restricting
qualifications for permits, types of products allowed and finally times/dates for
sale and use.
One of the restrictions imposed was a closing time for all stands at 8:00 p.m, on
the night of the Fourth of July,
This letter respectfully requests formally agendizing a discussion that would
change the closing time to 9:00 p.m. In order not to increase the total hours of
sale on July 4, we would be willing to open an hour later Instead.
It is no secret these are difficult economic times. Based on our experience, there
is an opportunity to increase our sales with a 9:00 p.m. closing time. Many of our
stands still have people in line when we have to close down.
Thank you for your consideration and we look forward to the opportunity for
further discussion.
Regar r�
ar
Effy Sanch z _....
Mika CDC
1718 Monrovla Ave.. Costa Mesa,. CA 92627 • Tel: 949 6450075 • fax: 949 645 0076 • Email: Info@mlkacdc.org
www,mlkacdc.org
ATTACHMENT
comnsunity
development
corporation
March 7, 2010
Mayor Alan Mansoor
Mayor Pro Tem Wendy I_eece
Councilmember Eric Bever
Councilmember Katrina Foley
Councilmember Gary Monahan
City Manager Alan Roeder
Dear Mayor, Council and City Manager,
We are asking for consideration for a modification to the current Costa Mesa
fireworks ordinance.
In May of 2004, the city council modified the existing ordinance further restricting
qualifications for permits, types of products allowed and finally times/dates for
sale and use.
one of the restrictions imposed was a closing time for all stands at 8:00 p.m. on
the night of the Fourth of July.
This letter respectfully requests formally agendizing a discussion that would
change the closing time to 9:00 P.M. In order not to Increase the total hours of
sale on July 4, we would be willing to open an hour later instead.
It is no secret these are difficult economic times. Based on our experience, there
is an opportunity to increase our sales with a 9:00 p.m. closing time. Many of our
stands still have people in line when we have to close down.
Thank you for your consideration and we look forward to the opportunity for
further discussion,
g rc s,
Crfssy Br oks
Mika C C
1718 Monrovia Ave. • Cosio Mesa, • CA 92627. Tel; 949 645 0075 • Fax: 949 645 0076 • Email: Info@)mlkaCdc.org
www,mlkucdc.org
ATTACHMENT
March 7, 2010
Mayor Alan Mansoor
Mayor Pro Tern Wendy Leece
Counclimember Eric Bever
Councilmember Katrina Foley
Councilmember Gary Monahan
City Manager Alan Roeder
Dear Mayor, Council and City Manager,
We are asking for consideration for a modification to the current Costa Mesa fireworks
ordinance.
In May of 2004, the city council modified the existing ordinance further restricting
qualifications for permits, types of products allowed and finally times/dates for sale and
use,
one of the restrictions Imposed was a closing time for all stands at 8:00 p.m. on the
night of the Fourth of July.
This letter respectfully requests formally agendizing a discussion that would change the
closing time to 9:00 p.m. in order not to Increase the total hours of sale on July 4, we
would be willing to open an hour later instead.
It is no secret these are difficult economic times, Based on our experience, there Is an
opportunity to Increase our sales with a 9:00 p.m. closing time, Many of our stands still
have people In line when we have to close down.
Thank you for your consideration and we look forward to the opportunity for further
discussion.
Regards,
CcA l��C
NAME ORGANIZATION
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ATTACHMENT
March 12, 2010
Mayor Alan Mansoor
Mayor Pro Tem Wendy Leece
Councilmember Eric Bever
Councilmember Katrina Foley
Councilmember Gary Monahan
City Manager Alan Roeder
77 Fair Drive
Costa Mesa, CA 92626
Dear Mayor, Council, and City Manager:
Costa Mesa Pop Warner and our 600 parents are asking for consideration for two
modifications to the current Costa Mesa fireworks ordinance.
In May of 2004, the city council modified the existing ordinance further restricting
qualifications for permits, types of products allowed, and finally times/dates for sale
and use.
One of the restrictions imposed was a closing time for all stands at 5:00 pm on the
night of the Fourth of July.
This letter respectfully requests formally agenizing a discussion that would change the
closing time to 9:00 pm. In order not to increase the total hours of sale from July I"
through the 4h, we would consider amending the opening times. .
Furthermore, we would request the council agenize a discussion on the sale of the
Morning Glory product, the California version of a sparkler. Sale of the product in
Costa Mesa was phased out over a two-year period beginning in 2004. There seems
to be no logic for the ban.
It is no secret these are difficult economic tunes. Based on our experience, there is an
opportunity to increase our sales with a 9:00 pm closing time. Many of our stands still
have people in line when we have to close down. And, the re -introduction of Morning
Glories to the sales line-up would have an even greater effect on our profits (plus other
Costa Mesa non -profits) and the fluids we raise to support Costa Mesa Pop Warner
Youth Football and Cheer.
Thank you for your consideration and we look forward to the opportunity for further
discussion.
Sincerely
Steve Mensinger
President
Costa Mesa Pop Warner
n
March 5, 2010
Mayor Alan Mansoor
Mayor Pro Tem Wendy Leece
Councilmember Eric Bever
Councilmember Katrina Foley
Councilmember Gary Monahan
City Manager Alan Roeder
Dear Mayor, Council and City Manager,
I :V,QVE-.I V i D.
2610 Ali --S PM 12; I.8
Ki=d O
ATTACHMENT
We are asking for consideration for a modificatlon to the current Costa Mesa fireworks
ordinance.
In May of 2004, the city council modified the existing ordinance further restricting
qualifications for permits, types of products allowed and finally times/dates for sale and
use.
One of the restrictions imposed was a closing time for all stands at 8:00 p.m. on the
night of the Fourth of July.
This letter respectfully requests formally agendizing a discussion that would change the
closing time to 9:00 p.m. In order not to increase the total hours of sale from July 1-4,
we would consider amending the opening times.
It is no secret these are difficult economic times. Based on our experience, there Is an
opportunity to Increase our sales with a 9:00 p.m. closing time. Many of our stands still
have people in line when we have to close down.
Thank you for your consideration and we look forward to the opportunity for further
discussion.
Regards, � ��----''" �4 /`�6-1 .���.f �i01.�cr�r���•
00:
Qaa�a�lln'�" I :1 fii I�fl?i.
Free Dept
ATTACHMENT
MEETING DATE: April 19, 2004 ITEM NUMBER: IX -4
SUBJECT: REQUEST OF COUNCIL MEMBER SCHEAFER FOR CONSIDERATION OF
PROPOSED CHANGES IN REGULATION OF FIREWORKS
DATE: April 14, 2004
FROM: Council Member Mike Scheafer
PRESENTATION Council Member Mike Scheafer
BY;
FOR FURTHER INFORMATION CONTACT: Jim Ellis, Fire Chief (7141754-5680), Tom MacDuff, Fire
Marshal (7141327-7408) or Allan L. Roeder, City
Manager (7141754-5328)
RECOMMENDATION:
Consider request.
BACKGROUND:
In 1990, the City Council appointed a 'Blue Ribbon" Committee of nine members to
study the fireworks issue and report back to them. The committee was made up of one
member from the Fire Department, one from the Police Department, one from the
fireworks industry, two from nonprofit organizations and four Costa Mesa residents.
The resultant report submitted to the City Council from this committee made points for
and against safe and sane fireworks and did not contain any compelling evidence
supporting either side of the issue. The conclusions and recommendations contained in
the report were as follows:
Fireworks of all types (both "safe and sane" and illegal) can be dangerous
when used improperly. No municipality can fully protect its residents by
either permitting the sale of "safe and sane" fireworks or by banning the
sale of fireworks; however, data indicates that cities which have banned all
fireworks sales have significantly less fires and fire -related injuries than
those cities which continue to allow the sales of "safe and sane" fireworks.
More efforts should be concentrated on public education and media
campaigns to achieve fireworks safety.
While certain nonprofit community organizations rely primarily on (or
exclusively) on fireworks sales to generate their revenue, other community
organizations rely on alternate fund-raising efforts with equal success in
meeting their financial needs.
The issue was then put before the voters in the form of an advisory measure in the
November 6, 1990 General Election. Measure W read, "Should the City of Costa Mesa
continue to permit the sale and discharge of State Safety Approved fireworks by
nonprofit organizations within the City of Costa Mesa?" The actual vote tally was 11,925
(49.675%)'yes" votes and 12,081 (50.325%) "no" votes. Rounded to whole numbers,
ATTACHMENT
this calculates to 50% "yes" and 50% "no." The City Council felt that the vote was close
enough that it did not give them any clear direction as to the desires of the voters.
In early 1991, the City Council considered the fireworks issue and on a 3-2 vote,
decided to continue to allow safe and sane fireworks with additional restrictions as
follows:
• Permit the discharge of fireworks only on July 4 between the hours of 4:00 p.m. and
10:00 P.M.
• Ban sparklers in the City of Costa Mesa. (Sparklers have since been. banned
statewide)
• Enact an ordinance against the throwing, tossing, etc., of fireworks
• Ensure that fireworks are sold only to people over the age of 18
• Stipulate that an adult must be present when fireworks are discharged
Shortly following the July 4, 2003 Independence Day holiday, Council Member Scheafer
contacted the City Manager expressing various concerns with the City's existing
regulation of fireworks. The Council Member also expressed these concerns under
"Council Member Comments" at the regular City Council Meeting of July 7, 2003. Over
the ensuing months, periodic discussions were held involving Council Member
Scheafer, Fire Chief Ellis, Acting City Attorney Wood, Fire Marshal MacDuff and City
Manager Roeder to review data and discuss potential changes in the City's current
regulations. A meeting was held with representatives of the fireworks industry to obtain
their thoughts and feedback on a range of possible changes to existing regulations.
With the July 4, 2004 Independence Day holiday approaching, Council Member
Scheafer requested that the matter be brought forward at this time for City Council
consideration.
ANALYSIS:
While Council Member Scheafer will present his recommendations for revisions to the
existing code regulating fireworks at your regular meeting of April 19, 2004, a synopsis of
those recommendations is included below.
Recommended Changes to Existing Fireworks Regulations
The following recommendations would require preparation of an ordinance amending the
Costa Mesa Municipal Code and changes in existing procedures relative to the issuance of
permits for fireworks stands.
• Prohibit the sale of "hand held devices" and "spinners" in Costa Mesa, separate
sales of these devices to be discontinued immediately and sale in prepackaged
assortments to be prohibited in two. years.
• Require fireworks distributors to prepare combined safety and water quality flyers in
both English and Spanish at their expense for distribution to all Costa Mesa schools
and to be handed out to all fireworks purchasers.
• Create new signs for posting in all City parks warning of the penalty for possession
of dangerous fireworks (at the expense of the fireworks distributors).
• Reduce the number of fireworks stands over time by the following restrictions:
ATTACHMENT
o Do not allow any new groups to obtain permits for fireworks stands.
o Require that 80% of the members of an organization applying for a permit
reside in the City.
o Allow no more than four stands per local high school.
o Require that organizations applying for a permit are youth oriented.
o Reduce the number of stands to a maximum of 40 by an annual lottery.
The following is a general discussion of the key issues discussed by Council Member
Scheafer, staff and representatives of the fireworks industry that evolved into the above
recommendations.
Sales Duration
The issue of sales duration was discussed because it is a well-known fact that
discharge of fireworks begins as soon as they go on safe. State law allows fireworks
sales from noon June 28 through noon July 6. Currently, sales duration in Costa Mesa
is limited to 9:00 a.m. July 1 to midnight July 4 and discharge is limited to July 4
between the hours of 4:00 p.m. and 10:00 p.m. Consideration was given to limiting
sales to two days. The fireworks industry suggested that profits to local organizations
might decrease as patrons buy in other cities. The industry also suggested that
problems might be encountered in getting fireworks stand inspections completed in a
timely fashion. It was generally agreed that some difficulties might be encountered by
limiting the number of days more than we already have.
Types of Devices
Certain types of devices listed by the State Fire Marshal as safe and sane fireworks are
considered more dangerous than others, specifically those classified as "hand held
devices" and "spinners." Hand held devices are considered more dangerous because
they are often held in close proximity to clothing and body parts. Spinners are
considered more dangerous because they dart around on the ground erratically and can
easily be modified into an explosive device.
Each manufacturer has different names for these devices. Currently, hand held devices
include but are not limited to Blue Millenium Candle, EZ -Glow Torch, Jumbo California
Candle, Morning Glory Torch, Purple Rain Candle, Thunder Shower Candle, Flash Ray
Gun and Mystery Candle. Spinners include but are not limited to Fire Ant 3'S, Mighty
Twirlers, Wild Dancers, Ground Flower Blooms, Bright Mined Balls, Gyro Blooms, Red
Rose Blooms, Turbo Props, Dancing Fresh Flowers and Dancing Spinner Fireworks.
The industry stated that 2004 assortments were already assembled with these devices
in them, but that a phase-out over time could be accomplished. it is suggested that
separate sales of these types of devices be discontinued immediately and that they be
phased out of prepackaged assortments within two years.
Roadway Discharge
Discharge of fireworks on roadways results in debris that can reach storm drains,
possibly in violation of f=ederal and State Water Quallity Standards (NPDES).
Consideration was given to limiting discharge to front lawns a minimum distance from
structures. However, this idea was dropped from consideration for safety reasons and
the fact that many residential areas do not have adequate setbacks. Instead, it is
ATTACHMENT
suggested that fireworks manufacturers be required to prepare combined safety and
water quality flyers in both English and Spanish (at their expense) for distribution to all
Costa Mesa schools and to be handed out to all fireworks purchasers.
Discharge in Parks
Fireworks, both safe and sane and illegal, are set off in City parks by both residents and
non-residents. In fact, some parks resemble war zones on July 5, requiring a concerted
effort by City personnel to clean up. The industry suggested that City parks be closed
at dusk and City employees be present to enforce the closure. They also suggested
prominent signage to deter people from discharging fireworks. Existing municipal code
regulations (Sec. 12-23) already stipulates that parks are closed after dark except when
authorized by permit. It was generally concluded that enforcement by City personnel
would be prohibitively expensive. Signs indicating that discharge of fireworks in parks is
illegal are currently posted. However, it was suggested that better signage warning of
the potential penalties of discharging fireworks may deter some of the activity. The
maximum penalty for possession of dangerous fireworks is imprisonment in the State
prison or the County jail for not more than one year, or by a fine of not more than
$5,000, or by both the fine and imprisonment. It is also suggested that the signage be
paid for by fireworks distributers.
Noise
Some fireworks are excessively noisy and irritating to both residents and pets. It .was
suggested that certain fireworks such as "Piccolo Petes° be prohibited. Research into
this idea revealed that "Piccolo Petes° fall into the broad category of fountains, which
contains over 300 individually named items. Prohibiting those that are excessively noisy
would require City testing all of the fountains against a noise standard. This concept
was dropped from further consideration due to the time, expense and logistics of testing
hundreds of fountains annually to ascertain those which would be permitted.
Number of Stands
The number of fireworks stands has steadily increased to a high of 56 in 2003. Staff
believes that 56 is too many and proposes to reduce the number to something closer to
40. In 2003, Newport Harbor High School and Estancia each had eight stands, Costa
Mesa High School had twelve stands, and AYSO had nine stands. The remaining
stands were run by various, individual, nonprofit organizations (Please see attachment
A). The Municipal Code requires that organizations that sell fireworks must be
recognized by the State of California as organized for charitable, fraternal, patriotic
service or religious purposes with their principal and permanent meeting place within the
City of Costa Mesa, and at least fifty (50%) percent of the current members residing
within the City limits.
Following a great deal of discussion on this point, it is proposed that stands be limited
by the following means:
• Do not allow any new groups to obtain a permit.
• Require that 80% of the members reside in Costa Mesa.
• Allow no more'than four stands per high school.
• Require that the organizations be youth oriented.
• Reduce the number of stands to 40 by annual lottery.
ATTACHMENT
ALTERNATIVES CONSIDERED:
None.
FISCAL REVIEW:
No Fiscal Review is required for this item.
LEGAL REVIEW:
No Legal Review is required for this item.
CONCLUSION:
Council Member Scheafer is bringing this matter forward for discussion and
consideration by the full City Council. Notice has not been given to the various
organizations who have obtained fireworks stand permits in the past nor to the fireworks
industry pending direction from the City Council. Should the City Council choose to
move forward with some or all of the Council Member's recommendations, staff would
suggest the following steps be taken:
1. Direct City Attorney to prepare the desired ordinance revisions.
2. Direct the Fire Department to contact representatives of the fireworks industry
and those organizations who obtained permits for fireworks stands in 2003 for a
"Questions and Answer" session on the proposed changes to the ordinance.
This briefing should occur before the ordinance is presented to the City Council
for first reading. Minutes of the briefing are to be taken and submitted to the City
Council along with the draft ordinance.
Allan L. Roeder
City Manager
James M. Ellis
Fire Chief
Attachments: A 2003 Fireworks Stands
AgendaRpt IX -4 Fireworks 04-93.04 14.15-04
8:20 a. m,
§ 9-182
LICENSES AND BUSINESS REGULATIONS
(c) The purpose for which the applicant is
primarily existing and for which it was
organized;
(d) The names and addresses of the officers, if
any, of the applicant;
(e) The location where the applicant will sell
fireworks;
W When the applicant was organized and
established;
(g) The location of the applicant's principal
and permanent meeting place;
(h) The name, address, and state fire marshal's
license number of any wholesaler or dis-
tributor from whom the retailer proposes
to purchase fireworks for resale;
(i) The applicant's state board of equaliza-
tion sales tau permit number;
() The manner, method and times, when and
how the applicant proposes to sell safe
and sane fireworks;
(k) Such other information as the director of
finance may require to make his investi-
gation.
(Ord. No. 04-5, § 1, 5-17-04)
See. 9-183. Time for filing; non -transferabil-
ity; duration.
An application shall be filed on or before June
1 of the calendar year for which the permit is
sought. Any permit issued shall he valid for the
premises or location for which issued, shall not be
transferable, assignable or renewable, and shall
be valid only for the dates specified in the permit.
(Ord. No. 04-5, § 1, 5-17-04)
Sec. 9.184. Location approval.
Before granting the permit, the director of
finance shall obtain clearance of the location from
the fire department of the City of Costa Mesa.
(Ord. No. 04-5, § 1, 5-17-04)
Sec. 9-185. Issuance of permit.
The director of finance shall, on satisfying
himself -that the applicant meets the require-
ments of this article, grant a permit, subject to
any conditions the director deems necessary for
the public's safety and general welfare.
(Ord. No. 04-5, § 1, 5-17-04)
Sec. 9-186. Permit and cican-up fees.
(a) The permit fee for selling fireworks within
the city shall be set by resolution of the city
council. The permit fee must be paid at the time
the application for a fireworks stand is filed.
Supp. No. 109, 8-06 9-26
ATTACHMENT
§ 9-190
(b) A separate fee shall be set by resolution of
the city council for the city's fireworks clean-up
fee. The fireworks clean-up fee shall be paid at the
time the application for a fireworks stand is filed.
(Ord. No. 06-3, § 2, 2-7-06)
Sec. 9-187. Compliance with permit restric-
tions.
Any person operating a temporary stand for
the display and sale of fireworks shall abide by
and comply with all the requirements set forth in
the application for a permit to operate the same
and all conditions and restrictions imposed by the
director of finance in granting the permit.
(Ord. No. 04-5, § 1, 5-17-04)
Sec. 9-188. Bond to ensure removal.
Prior to the erection of any temporary stand for
the display and sale of fireworks, the permittee
shall post with the city a cash deposit in a sum set
by resolution of city council to be forfeited to the
city in the event the permittee does not remove
said stand, equipment and rubbish from the pre-
mises upon which the stand is located before
midnight of July 7, of the year for which said
permit is granted. The fire department shall
make an inspection, and, if all equipment, rub-
bish and debris are removed by the permittee as
aforesaid, it shall notify the director of finance
and the cash bond shall thereupon be returned to
the permittee.
(Ord. No. 04-5, § 1, 5-17-04)
Sec, 9-189. insurance required.
Prior to the erection of any temporary stand for
the display and sale of fireworks, the permittee
shall procure public liability and property insur-
ance covering its operation in and about said
stand and premises in a minimum amount of one
million dollars ($1,000,000) combined single limit.
The permittee shall file a certificate of such
insurance with the city clerk.
(Ord. No. 04-5, § 1, 5-17-04)
See. 9-190, Prohibitions; state permit re-
quired.
(a) No person shall discharge, sell or offer for
sale, any fireworks within the city which are
classified as dangerous fireworks, or wood core or
metal core -sparklers as those terms are defined
by the California Health and Safety Code.
(b) No person shall sell or offer for sale fire-
works within the city without first having ob-
tained a Retail Fireworks License from the Office
of the State Fire Marshal as required under the
laws of the State.
(c) No person shall sell or offer for sale fire-
works within the city to a person under the age of
eighteen (18) years.
ATTACHMENT
§ 9-190 LICENSES AND BUSINESS REG[lLAMONS § 9-190
(d) No person shall sell or offer for sale fire-
works within the city unless such sale occurs c
between July 1st and 8:00 p.m. on July 4th,
inclusive.
(e) No person shall discharge any fireworks of
any kind within the city, except on July 4th
between 4;00 p.m. and 10:00 p.m. of such day.
(f) No person under the age of eighteen (18)
years shall discharge any fireworks unless in the
presence of an adult.
(g) No person shall throw, toss, project or po-
sition an ignited firework of any kmnd in such a
manner as to cause the firework or contents
thereof to come in contact with another person's
body, private property or real property.
(h) No person shall sell or offer for sale any
fireworks in violation of the regulations estab-
lished by city council resolution for the protection
of city residents.
(Ord. No. 04-5, § 1, 5-17-04)
Supp. No. 109,8-06 9-26.1
ATTACHMENT
CITY OF COSTA MESA, CALIFORNIA
COUNCIL POLICY
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
REGULATIONS GOVERNING FIREWORKS
400-2
5117104
1 of 3
REV:
1117106; 613106,
5/6/08,05/19/09
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 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 safe 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 more than one fireworks sales permit shall be issued to a single organization or school, unless
more are expressly allowed in this Policy.
3. No more than 9 permits each year may be issued to organizations based at a single high school
located within the City or where Costa Mesa residents constitute 50% or more of the students at a
high school located within 1 mile of the City boundary. For an applicant based at a high school to
qualify for a permit, the applicant must attach a letter to the application from the school's Principal
or Activities Director certifying the applicant is a recognized organization supporting school
activities.
4. No more than 2 permits each year may be issued to each K-8 private or public school. within
Costa Mesa city boundaries or to K-8 schools outside of the City's boundaries with enrollment of
fifty percent (50%) or more Costa Mesa resident students,
., CITY OF COSTA MESA, CALIFORNIA
COUNCIL POLICY
SUBJECT
REGULATIONS GOVERNING FIREWORKS
POLICY
NUMBER
400-2
ATTACHMENT
EFFECTIVE
DATE
5117/04
REV:
1117106; 613106,
5/6/08,05/19109
PAGE
2of3
5. No more than 5 permits each year may be issued to a Group 1 User (or sponsored group) as
defined in the City's Athletic Field/Facility Use and Allocations Policy,
6. The requirement in Costa Mesa Municipal Code Section 9-181(c) that a non -school applicant
must have 80% of its "members" be residents of Costa Mesa may be satisfied if the applicant can
show that the funds raised from the fireworks sales will be used for an activity or event where at
least 80% of the participants or persons benefited are youths residing in Costa Mesa. The 80%
requirement shall not apply to post -twelfth -grade schools located in Costa Mesa,
7. No more than 40 permits for fireworks sales stands shall be approved each year. The Finance
Department will use a lottery system to allocate the permits if more than 40 qualified applicants
file for permits in any year.
8. No permits shall be issued for any year unless the fireworks industry prepares flyers in both
English and Spanish, explaining fireworks safety and water quality protection for distribution to all
Costa Mesa schools for their students. A sample of the flyer shall be submitted to the City Fire
Chief for his comments. The flyers shall be delivered to the Fire Chief by dune 1" each year. •A
sufficient number of these flyers must also be provided to the operators of the fireworks stands for
distribution to all buyers.
9. Permit applicants may be asked by the Director of f=inance to submit information to verify
statements made on the application form. Any applicant who is unable to verify such statements
may be disqualified from obtaining any future permits. Permits are not transferrable.
10. Fireworks sales to the public on 711 through 7/3 shall be limited to between the hours of 10:00 am
and 10:00 p.m. each day. On 7/4, fireworks sales to the public shall be limited to between the
hours of 9:00 am and 8:00 p.m.
11. Discharge of safe and sane fireworks shall be limited to the Fourth of July (7/4), from 4:00 p.m.
until 10:00 p,m.
12. The Costa Mesa Fire Chief has been granted the authority by the City Council to declare a
moratorium on the use of fireworks if conditions of high winds or advanced drought conditions
exist. The City Manager will be notified immediately and will determine how this will be
communicated to the public.
13. All City parks shall be posted with appropriate signs advising the public that discharge of any
fireworks is prohibited at Costa Mesa public parks, and that violators will be cited and fined. The
Maintenance Services Manager or his/her designee shall ensure that all park sprinkler irrigation
systems are functioning properly and set to go on for a period of time on the evening of July 41" to
further discourage the use of fireworks at City parks.
ATTACHMENT
CITY OF COSTA MESA, CALIFORNIA
COUNCIL POLICY
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
REGULATIONS GOVERNING FIREWORKS
400-2
5117/04
3 of 3
REV:
1117106; 613106,
5/6108,05/19/09
14. Notification signs to the public shall be- strategically placed at access points of the City at least
one week prior to July 4"`. The signs snail advise the public of the City's zero tolerance of illegal
fireworks and illegal use of legal fireworks as well as associated penalties.
ATTACHMENT
CITY OF COSTA MESA
COSTA MESA FIRE DEPARTMENT
INTEROFFICE MEMORANDUM
DATE: APRIL 7, 2010
TO: ALLAN ROEDER, CITY MANAGER
FROM: MIKE MORGAN, FIRE CHIEF AND CHRIS SHAWKEY
POLICE CHIEF C!S�
SUBJECT: FIRE CHIEF AND POLICE CHIEF POSITION AND DISCUSSION
REGARDING EXTENDING HOURS OF FIREWORKS SALES ON
JULY 4M AND LIFTING THE CURRENT RESTRICTION ON
SALES OF HAND-HELD FIREWORK DEVICES.
Background:
Currently the City of Costa Mesa allows the sale of firework devices listed by the
California State Fire Marshal as "safe and sane" with the exception of "hand-
held" and "spinner" devices. The current timeframe for the sale of these devices
is: July 1 through July 3 from 10:00 a.m. until 10:00 p.m., and July 4 from 9:00
a.m. until 8:00 p.m.
The City Council of Costa Mesa is considering changing these parameters to:
1. Extend the time of sale on July 4 from 8:00 p.m. to 9:00 p.m., and
2. Allow the sale of "hand-held" devices, specifically sparkler devices and
morning glory devices.
Recommendation:
The Fire Chief and Police Chief of Costa Mesa recommend that the City Council
reject both proposed changes based upon the following discussion:
1. Sunset on July 4, 2010 occurs at 8:09 p.m, with darkness ensuing at 9:13
p.m. By extending the time of sale until 9:00 pm, residents and
nonresidents will be encouraged to drive their vehicles well into the dark
Hours of July 4 either to purchase last-minute devices or to restock on
fireworks devices.
ATTACHMENT
a. Residents and visitors to the City historically celebrate and ignite
firework devices on and adjacent to City streets.
b. Visibility on and adjacent to City streets is severely hampered by
darkness combined with lingering smoke clouds created by the
ignition of fireworks devices.
c. Darkness and decreased visibility, created by lingering smoke,
combined with increased traffic activity will likely lead to:
i. An increase in vehicle vs. pedestrian accidents
ii. An increase in vehicle vs. vehicle accidents
iii. An increase in the response time of emer�ency personnel
d. Alcoholic beverage consumption is common to 4 �' of July
celebrations and extended sales hours will likely increase the
number of alcohol impaired motorists driving to restock firework
devices, in darkness and decreased visibility, resulting in:
L An increase in vehicle vs. pedestrian accidents
ii. An increase in vehicle vs. vehicle accidents
2. Sparklers are responsible for the vast majority of legal firework -related
injuries. The most common situation for injuries occurs when lit sparklers
are given to unsupervised children, many of whom may not understand
the risks. The devices burn at high temperatures, as hot as 1800° F to
3000° F depending on the fuel and oxidizer used, are more.than sufficient
to cause severe skin burns or ignite clothing, and more closely resemble a
welding rod than a toy!. For comparison purposes: Water boils at 212° F,
cakes bake at 350° F, wood ignites at 575° F, and glass melts at 900° F.
a. Nearly half of all fireworks related injuries are sustained by children
under the age of 15.
b. Over half of fireworks related injuries, sustained by children under
the age of 5, are caused by sparklers — sparklers cause more
injuries to children under the age of 5 than any other type of
firework device.
c. Sparklers, -fountains, and novelties accounted for 36% of
emergency room visits from firework devices in 2007.
ATTACHMENT
3. Staffing Considerations: The police department is currently operating
twelve sworn positions below its authorized strength, and the fire
department has reduced its minimum staffing levels. Both departments do
not have overtime allocated to handle the increased workload the 4th of .luly
holiday generates. Given our reduced staffing levels, it is not in the best
interests of the city to discuss anything that would likely increase the use
of fireworks. This would compromise the ability of on -duty personnel to
respond to the already high volume of calls for service that day.
Summary:
The professional advice from the Fire Chief and Police Chief of the City of Costa
Mesa is that we keep the time restrictions andhand-he
. as
_
they are --this will encourage people to be in their locations before dark,
ons
discourage driving in less than ideal conditions, and continue to reduce injuries to
children and others caused by hand-held fireworks devices.
ATTACHMENT