HomeMy WebLinkAboutOrdinance 2847 ORDINANCE NO 2847
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER
15 20 OF THE REDLANDS MUNICIPAL CODE RELATING TO LIABILITY
ASSOCIATED WITH THE SALE, USE OR DISCHARGE OF FIREWORKS
ON CERTAIN PROPERTIES, AND TO PROVIDE FOR THE COLLECTION
OF RESPONSE COSTS RELATED TO FIREWORKS
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS
FOLLOWS
Section 1 Section 15 20 520 of the Redlands Municipal Code is hereby deleted in its
entirety and rewritten to lead as follows
15 20 520 FIREWORKS Section 5608 of the California Fire Code is hereby added to read as
follows
"Fireworks" means any device containing chemical elements and chemical compounds capable
of burning independently of the oxygen of the atmosphere and producing audible, visual,
mechanical, or thermal effect which are useful as pyrotechnic devices or for entertannnent The
Cerin "Fireworks" includes, but is not limited to, devices designated by the manufacturer as
Fireworks, firecrackers, torpedoes, skyrockets, roman candles, rockets, sparklers, chasers,
fountains, smoke sparks, aerial bombs, and Fireworks kits "Fireworks" includes both
"dangeious Fireworks" and "safe and sane" Fireworks as defined in the California Health and
Safety Code
15 20 520 1 MINOR CHARGE
"Minor Charge" is a peison under the age of eighteen (18) years for whom a Responsible
Guardian has the legal care, custody or control
15 20 520 2 PROPERTY
"Property" shall mean any private property, including but not limited to, a residence, yard, or
field, whether or not occupied as a dwelling, and whether owned, leased, rented or used with our
without compensation
15 20 520 3 RESPONSE COSTS
"Response costs" means those reasonable and necessary costs directly incuried by City public
safety or other persolmel for a response to an unpermitted discharge or illegal storage of
Fneworks, and include the cost of providing law enforcement, firefighting, or other services
arising fiom the unpermitted discharge or illegal storage, maintaining or handling of Fireworks,
including but not limited to
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A Salaries and benefits of public safety of other personnel for the amount of time spent
responding to, remaining at, or otherwise dealing with the unperinitted discharge or
illegal storage of Fireworks, and the administrative costs attributable to any response,
B The cost of any medical treatment to or for any public safety personnel injured
responding to, remaining at, or leaving the scene of the unpennitted discharge of illegal
storage of Fireworks,
C The cost of repairing or replacing any public safety equipment or property damage, and
the cost of use of any such equipment, in responding to, remaining at, or leaving the
scene of any unpermitted discharge or illegal storage of Fireworks, and
D The disposal cost of confiscated Fireworks
15 20 520 4 RESPONSIBLE GUARDIAN
"Responsible Guardian" means a parent, guardian or other person having the legal care, custody,
or control of his or her Minor Charge
15 20 520 5 PROHIBITION
Except as otherwise provided in this Code, no person shall have in his or her possession, or keep,
store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give,
transport, or nnproperly dispose of any Fireworks or dangerous or safe and sane Firewoiks
A Except where otherwise expressly provided in this Code of undet a perinit issued by the
California State Fire Marshal or the Fire Chief, it shall be unlawful fol any person to
possess, offer for sale, or store any Fireworks
B Except where otherwise expressly provided in this Code, it shall be unlawful for any
property owner or tenant to allow or permit the possession, sale, use or discharge of
Fireworks at or on their Property when the property owner of tenant knows or should
know of the possession, sale, use or discharge of Fireworks at or on such Property
C The Fu e Chief and his or her authorized representatives shall have the authority to seize,
take, and remove any Fneworks, dangerous Fireworks, and safe and sane Fireworks The
Fire Chief and his authorized repiesentatives may charge any person whose Fireworks are
seized pursuant to this section
D Every person who causes, aids, abets or conceals a violation of the California Fire Code
is guilty of violating the California Fire Code Each such person, corporation or firm
shall be deemed guilty of a separate offense for each day or portion thereof during which
any violation of any provision of the California Fire Code is coirnnitted, continued,
permitted or maintained by such person, firm or corporation
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15 20 520 6 APPLICATION OF STATE LAW
Nothing in this Section shall limit any of the penalties provided in the California Health and
Safety Code or the California Penal Code with regard to the offer for sale, exposing for sale, sale
at retail, use or discharge of any Fireworks
15 20 520 7 RESPONSE COSTS
A Any person who violates this Section shall be liable for Response Costs incurred in
responding to the unpermitted use, discharge or storage of Fireworks
B If a person who violated this Section is a Minor Charge, the Responsible Guardian of the
Minor Charge and the Mmor Charge shall be jointly and severally liable for the Response
Costs incurred pursuant to this Section
C To incur liability for Response Costs unposed by this Section, a person who violates this
Section need not be present at the event that causes the response giving rise to the
imposition of Response Costs
D Response Costs unposed by this Section are in addition to any other costs that may be
recovered under this Code or State law "
Section 2 The City Council hereby determines that the adoption of this ordinance is
exempt from review under the California Environmental Quality Act ("CEQA") pursuant to state
CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that such action may
not have a significant effect on the environment
Section 3 The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it, or a summary of it, to be published once in the
Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this
ordinance shall take effect as provided by law
aul W Foster, Mayor
ATTEST
k�riiicDonaaldson, City Clerk
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I, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance
was duly adopted by the City Council at the regular meeting thereof, held on the 4th day of
April 2017, by the following vote
AYES Counclhnembers Harrison, Gilbreath, Barich, Tejeda, Mayor Foster
NOES None
ABSENT None
ABSTAIN None
Je e Donaldson, City Clerk
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