HomeMy WebLinkAbout05 - PH-3 - Amending Article 8 of the CM Municipal - 5/3/2011CITY COUNCIL AGENDA REPORT
MEETING DATE: May 3, 2011 ITEM NUMBER:
SUBJECT: AMENDING ARTICLE 8 OF THE COSTA MESA MUNICIPAL CODE
REGULATING FIREWORKS AND COUNCIL POLICY 400-2
DATE: APRIL 29, 2011
FROM: CITY MANAGER'S OFFICE
PRESENTATION: DAN JOYCE, INTERIM PUBLIC AFFAIRS MANAGER
FOR FURTHER INFORMATION DAN JOYCE (714) 754-5667
CONTACT: danioyceCa_ci.costa-mesa.ca.us
TOM DUARTE (714) 446-1400
tduarteCa_ci.costa-mesa.ca.us.
RECOMMENDATIONS:
Introduce and give first reading, and waive further reading, of an ordinance
amending Section 9-190 of the Costa Mesa Municipal Code relating to the sale
and discharge of fireworks.
2. Amend City Council Policy 400-2 to remove the prohibition on fireworks
designated "spinners."
BACKGROUND:
Extension of Days for Sale of Fireworks:
Last year, at the request of a number of non-profit organizations, the City Council
amended the Municipal Code and Council Policy 400-2 to extend the hours 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. Last year,
twenty-eight (28) groups sold fireworks at permitted stands. These groups included youth
organizations, high. school sport teams and bands. Many of the groups used the proceeds
to fund items that have been cut from their educational budgets.
This year the Council has received additional requests from two non-profit groups seeking
the City's approval to begin selling fireworks one day earlier by changing the
commencement date from the current date of July 1St to commence on June 30th. This
request allows the non -profits one additional day to set up their stands and capture more
sales over the extended weekend. See chart of neighboring municipalities below.
Extension of Days for Discharae of Fireworks:
The Council has also received requests to extend the days fireworks may be discharged.
Currently, discharge may only be done on July 4th. Since, July 4th falls on a Monday this
year, the new discharge days would be July 1 st through July 4th, allowing discharge over
the holiday weekend. Other municipalities allowing discharge over the same extended
days include Garden Grove and Santa Ana.
Amendment of Council Policy to Allow sale of "Spinner" Fireworks:
Currently, the sale of ground spinners is prohibited under Council Policy 400-2. Ground
spinners are the type of fireworks that spin on the ground making different noises and
visual displays depending on the type. Spinners include "Crazy Eyeballs", "Fire Ants 3's",
"Mighty Twirlers" and "Ground Bloom Flowers."
Mayor Pro Tem Righeimer has requested staff provide analysis on the removal of the
prohibition on spinners so that the participating non-profit groups may increase their sales
by offering the popular spinners type firework as deemed "safe and sane" by the California
State Fire Marshall.
Currently, as set forth in the chart below, "ground spinners" are allowed in the cities of
Buena Park, Santa Ana, Stanton and Westminster.
City of Garden July 1 - 3 10:00 am -11:00
Ground Spinners Same as selling dates/times
Grove pm,
July 4 10:00 am -10:00 pm
City of Santa Ana July 1 noon - 10:00 pm,
None Same as selling dates/times
July 2 & 3, 9:00 am -
10:00pm,
July 4 9:00 am - 8:00 pm
"a u.,. I `'�{k. 1,i iY;"i x+ t. �
tet+ �"t�*."�'�'.?�Y •
�f ��..�x
��.
SiSzt"` ;"i4�3 .a��..
City of Stanton July 1 noon - 10:00 pm
T�`-
���,@"r��FT�.Ez&`i`
1i3��q'�3. ti�3���.�`'�`s
None July 4 10:00 am - 11:00 pm
July 2 - 4 9:00 am - 10:00
������
`�' ;�� �` ���.� a�� v v� a� 1f ��•� E..= i?
�..�.��.�,..�:.�+ y_ ^'� r.,.�,_�r-- ���..�'... i;, "'%�'�,,�:. :_ i�5 ���� +,tR �z
.k,�� , vv :'t� �E
City of Westminster June 30 -July 3 10:00 am -
g���E�,vc�t�'
§,��
None July 4 10:00 am - 10:00 pm
10:00 pm, July 4 10:00 am -
9:00 pm
�`
+e,G--s.2;.� .vxi.-.F.+i, .r ^. k�ow�
acU���Xa�"�'��ai'. �• „�'a Sw�, .�."Arta.:o��..,.w.�kfs`.FaXi'.Y..«.»,.«u,«"C«w2n,d:,.«mu. 5
City of Buena Park July 1 - July 3 10:00 am -
None July 4, 10 am —10:00 pm
10:00 pm, July 4 10:00 am -
9:00 pm
ANALYSIS -
Adoption of Ordinance No. 11 -XX would amend Section 9-190 of the Costa Mesa
Municipal Code as follows:
Subsection (d) be amended to read, "No person shall sell or offer for sale
fireworks within the city unless such sale occurs between June 30th and 9:00
p.m. on July 4th, inclusive."; and
2
2. Subsection (e) be amended to read, "No person shall discharge any fireworks
of any kind within the city, except on the dates of July 1St through July 4th
between the hours of 4:00 p.m. to 10:00 p.m. on such days."
In addition, Council Policy 400-2 should be amended to stay consistent with the
Municipal Code as follows:
1. Delete Regulation No. 1 to remove prohibition on spinners and renumber
remaining Regulations accordingly.
2. To allow sales of fireworks on June 30th, amend current Regulation No. 10 to
read, "Fireworks sales to the public on 6/30 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 9:00
P.M."
3. To extend dates fireworks may be discharge, amend current Regulation No.
11 to read, "Discharge of safe and sane fireworks shall be limited to the First
of July (7/1) through the Fourth of July (7/4) and during the hours of 4:00 pm
to 10:00 pm each day."
Police Department Comments:
Selling dates/times: Adding an additional day to sell fireworks will have little to no
impact on the operations of the Police Department.
Discharging dates/times: Adding three additional days (July 1-3) to discharge
fireworks could have the following impacts on Police Department operations:
The additional days to discharge fireworks will likely increase calls for
service for both safe & sane and illegal fireworks. This could impact
response times and potentially cause delays to responses to other
incidents depending upon the magnitude of the firework call. There will
also likely be an increase in the number of citizen complaints.
Fire Department Comments:
Selling dates/times: Adding an additional day (June 30) to sell fireworks will have little
to no impact on the operations of the Fire Department.
Discharging dates/times: Adding three additional days (July 1-3) to discharge
fireworks could have moderate to major impacts on the operations of the Fire
Department:
• Increase call volume relating to fireworks will utilize fire resources, which then will not
be available for response to EMS, Fire and other emergencies.
• Increase call volume will also increase response times and delay responses to other
emergency incidents since local resources are busy with fireworks incidents.
• Increase risk of possible fires and injuries resulting from the discharge of fireworks.
• Increase risk for use of illegal fireworks being discharged within our city limits.
3
Increase in overtime costs if it is determined there is a need to increase staffing as a
result of risk analysis based on weather and call volume.
Increased citizen complaints.
Public Service Department Comments:
The extra days for the "sale" of fireworks will not impact Public Services Department.
However, the extended time period for the "discharge" of fireworks, will impact parks,
parking lots and generally the cleanliness of the City due to discharge related material.
Additional staff for Sunday July 3rd, Monday July 4th, and Tuesday July 5th (the busiest
day for cleaning) at a total cost of $1,000 would be needed to provide cleaning services.
If these changes are approved, funding of $1,000 will be included in next year's budget.
ALTERNATIVES CONSIDERED:
Council could take no action to amend the Municipal Code or Council Policy as it relates
to firework sales and use, or provide further direction to staff.
FISCAL REVIEW:
Additional overtime may be needed if weather conditions and/or call volumes justify the
use of overtime. It is anticipated that the $1,000 in additional clean-up services will be
needed.
LEGAL REVIEW:
The City Attorney's Office has reviewed and approved the amendments to the Costa Mesa
Municipal Code and Council Policy as to form.
CONCLUSION:
By extending the dates fireworks may be sold with the City, participating non-profit
organizations will have an additional day to raise funds which are used to benefit City
youth. The extension of sale days will have zero to little impact on City departments.
Extending the dates fireworks may be discharged within the City allows residents to
celebrate the Fourth of July over the weekend instead of only on Monday, July 4t".
However, extending the dates fireworks may be discharged will impact the Police, Fire and
Public Services departments.
//7
DAN JO CE THOMAS P. DUARTE
Interim Public Affairs Manager City Attorney
ATTACHMENTS: 1 Ordinance No. 11 -XX
2 Council Policy 400-2
3 Letter From Estancia CHEER
4 Letter from Costa Mesa Pop Warner
2
ATTACHMENT 1
ORDINANCE NO. 11-X
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, the City Council has received numerous requests from non-profit
organizations that sponsor fireworks stands to modify and extend the days allowed for
fireworks sales to June 30th through July 4th, in order to have the opportunity to increase
their sales over the holiday period; and
WHEREAS, this year July 4th falls upon a Monday, making celebration of the
holiday difficult for many working families; and
WHEREAS, several other cities in Orange County allow for the discharge of
fireworks for several days leading up to the Fourth of July and the City Council wishes
to provide the same opportunity to City residents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Subsection (d) of Section 9-190 of Title 9, Chapter II, Article 8
(Fireworks Sales) of the Costa Mesa Municipal Code is hereby amended as follows:
Sec. 9-190. Prohibitions; state permit required.
(d) No person shall sell or offer for sale fireworks within the city unless such sale
occurs between une 30th and 9:00 p.m:_on July 4th, inclusive. ___ Deleted: July 1st
Section 2. Subsection (e) of Section 9-190 of Title 9, Chapter ll, Article 8
(Fireworks Sales) of the Costa Mesa Municipal Code is hereby amended as follows:
Sec. 9-190. Prohibitions; state permit required.
(e) No person shall discharge any fireworks of any kind within the city,
except on the dates of July 1st through July 4th between 4:00 p_m_ and Formatted: superscript
10:00 p.m. on such days.
= - - -- -------------
Section 3. Inconsistencies. Any provision of the Costa Mesa Municipal Code_ -.- ' Deleted` ¶
------------
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 4. 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 5. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same to be published and posted
pursuant to the provisions of law.
Section 6. 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.
PASSED AND ADOPTED this _ day of , 2011.
Mayor of the City of Costa Mesa
ATTEST:
City Clerk 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. 11-x was
introduced and considered section by section at a regular meeting of said City Council
held on the 3rd day of May, 2011, and thereafter passed and adopted as a whole at a
regular meeting of said City Council held on the 3rd day of May, 2011, 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 3rd day of May, 2011.
City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa
ATTACHMENT
CITY OF COSTA MESA, CALIFORNIA
COUNCIL POLICY
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
REGULATIONS GOVERNING FIREWORKS
400-2
5/17/04
1 of 2
REV:
1/17/06; 6/3/06,
5/6/08, 05/19/09
514/10,5/3111
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. No more than one fireworks sales permit shall be issued to a single organization or school, unless
more are expressly allowed in this Policy.
2. 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.
3. 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,
4. 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.
5. 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
Deleted: <#>The sale of "spinners"
and similar fireworks 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
CITY OF COSTA MESA, CALIFORNIA
COUNCIL POLICY
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
REGULATIONS GOVERNING FIREWORKS
400-2
5/17/04
2 of 2
REV:
1/17/06; 6/3/06,
516/08,05/19/09
5/4/10,5/3111
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.
6. 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.
7. 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 15t each year. A
sufficient number of these flyers must also be provided to the operators of the fireworks stands for
distribution to all buyers.
8. 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
maybe disqualified from obtaining any future permits. Permits are not transferrable.
9. Fireworks sales to the public on&Nthrough 7/3 shall be limited to between the hours of 10.00 --(Deleted:
am and 10:00 p.m. each day. On 7/4, fireworks sales to the public shall be limited to between the Deleted: 1
hours of 9:00 am and 9:00 p.m.
10. Discharge of safe and sane fireworks shall be limited to the First of July (7/1) through the Fourth
of July (7/41and during the hours of 4:00 pryo 10.00 }reach day.
___________________________________
11. 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.
12. 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 4'h to
further discourage the use of fireworks at City parks.
13. Notification signs to the public shall be strategically placed at access points of the City at least
one week prior to July 4`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
April 19, 2011
City of Costa, Mesa
City Council
Attu, Chris Goldworthy
77 Fair Drive
Costa Mesa, CA 92626
Dear'Council:
Estancia Cheerleading is one of the over 30non=profit groups that sell fireworks in Costa Mesa
as a fund raising activity; duririg 4th of July.
As we prepare for the 2011 event, we noticed the Fourth falls on: a Monday this year. Our
current Costa Mesa Fireworks Ordinance allows sales to.:begin at noon ton July 1 st; use is
allowed only on July 4th from 4-10 P.M.
Can we begin selling: a day early this year? We ask for two reasons:
1.. Weahink City Hallis closed on Friday. When would we get inspections?
I It -would aid our:.group to set up.a day early; get inspected; approved and be
selling the entire day (July 1)..
Secondi can the council revisit the restriction allowing;use of state approved on July fourth.
only? Many of our group's:family/friends are planning activities on the weekend vs. Monday
night - most of us are back:to work on Tuesday.
Lastly; we know that neighboring O.C. cities allow spinning devices to be sold/use; commonly,
called Ground Bloom Flowers. Are they.illegal to sell in Costa Mesa? Is it ino.ur ordinance?
Canthat be>changed7
All of these modifications would greatly assist Estancia Cheerleading in raising badly needed.
ad, ditionalfunds for this. year..
Last;year th.e additional hour:and. ability to sell:Morning Glories: helped our profits. Thank you
forthat.
Please consider our suggestions.
Sincerely,
Yumi- Watanabe =Patterson
Cheer Advisor/Varsity Head Cheerleading Coach
Estancia High School
(714)'317-8350
ATTACHMENT 4
April 19, 2011
City ofCosta.Mesa
City Council
Attn: Chris Go.l.dworthy
77 Fair Drive:
Costa Mesa; :CA 92626
Dear Council:
Costa Mesa Pop Warner'mone of the over 30 non-profit::groups that sell fireworks in Costa
Mesa as a fund raising activity during 4th of July..
As we'preparefor the 201.1 event;; we noticed the Fourth falls on a. Monday this year; Our
current Costa Mesa Fireworks Ordinance allows sales to begin at noon onJuly 1 st;,use is
allowed only on July 4thfrom 4-10. p.m.
Can we beghselling a.day early this year? We:askfortwo reasons:
1. We think City Hall-is:closed on Friday. When would we get, inspections?
2. It would aid our group to set up qday early;.get inspected, approved and be
selling the entire day (July 1).
Second, can.the council revisit the restriction allowing use of state approved. on July fourth
only? Many of ourgroup'sfamily/friends are planning activities on the weekend vs. Monday
night - most of us are.back to work on Tuesday.
Lastly; we know that neighboring O.C. cities allow spinning devices to be sold/use, commonly
called,Ground;Bloom Flowers. Are they illegal to seal in Costa Mesa? Is it in our ordinance?
Can that.be.clianged?
All of these modifications would greatly assist Costa Mesa Pop Warner in raising badly needed
additional funds for this year.
Last year the additional hour and abilityto sell. Morning Glories helped our profits. Thank you
fofthat.
Please consider our suggestions.
Sincerely;
Chris>Cox
President
Costa Mesa Pop Warner. Football& Cheer