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HomeMy WebLinkAbout05 - PH-1 - Amending Article 8 of Costa Mesa Municip - 5/4/2010CITY COUNCIL AGENDA REPORT MEETING DATE: May 4, 2010 ITEM NUMBER: 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 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 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 4th 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 4th 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, e�d Gere or 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 ef�ireworksha 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. E 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 Code regulating reflecting new hours of operation of the fireworks stands on July 4 and the permissible sale of hand-held devices and Council Policy 400-2. KELLY R. SHELTON Exec. Assistant to the City Manager KIMBERLY HALL BARLOW City Attorney THOMAS R. HATCH Assistant City Manager ATTACHMENTS: 1 Redline Ordinance 10- 2 Final Ordinance 10- 3 Amended Council Policy 400-2 4 City Council Staff Report — April 20, 2010 DISTRIBUTION: Fire Chief Police Chief Revenue Supervisor 3 AT'T'ACEMENT 1 Page 1 of 4 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 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 classified as dangerous fireworks, metal GE)re sparklers 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 8-00 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 I ATTACH E'N'T 1 Page 2 of 4 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. City Clerk of the City of Costa Mesa ATTACUMENT Page 3 of 4 Mayor of the City of Costa Mesa APPROVED AS TO FORM: Assistant City Attorney ATTACHMENT 1 Page 4 of 4 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 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 4 ATTACHMENT Page 1 of 4 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 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 ATTACHMENT Page 2 of 4 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 Mayor of the City of Costa Mesa APPROVED AS TO FORM: Assistant City Attorney ATTACHMENT Page 3 of 4 ATTACHMENT Page 4 of 4 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 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 4 ATTACHMENT Page 1 of 3 CITY OF COSTA MESA, CALIFORNIA COUNCIL POLICY SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE REGULATIONS GOVERNING FIREWORKS 400-2 5/17/04 1 of 3 REV: 1/17/06; 6/3/06, 5/6/08, 05/19/09 5/4/10 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 The sale of "spinners" and similar fireworks ,and the sale of any fireworks that are intended t�� "hand 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" "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 Page 2 of 3 CITY OF COSTA MESA, CALIFORNIA COUNCIL POLICY SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE REGULATIONS GOVERNING FIREWORKS 400-2 5/17/04 2 of 3 REV: 1/17/06; 6/3/06, 5/6/08, 05/19/09 5/4/10 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 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 June 1St 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 Finance 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 7/1 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 890 p.m. 9:00 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 ATTACHMENT Page 3 of 3 CITY OF COSTA MESA, CALIFORNIA COUNCIL POLICY SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE REGULATIONS GOVERNING FIREWORKS 400-2 5/17/04 3 of 3 REV: 1/17/06; 6/3/06, 5/6/08, 05/19/09 5/4/10 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 4t" 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 4t". 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.