ORDINANCE NO. 1594(13)

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1 ORDINANCE NO. 1594(13) An Ordinance of the Council of the City of Lompoc, County of Santa Barbara, State of California, Amending Chapter 8.28 of the Lompoc Municipal Code Relating to Fireworks WHEREAS, in the Spring of 2013, the City Council of the City of Lompoc amended the Lompoc Municipal Code by adding Chapter 8.28 to allow the sale, discharge and storage of Safe and Sane Fireworks consistent with the State Fireworks Law (Health and Safety Code sections et seq.) and to create a process for issuing permits to allow the same; WHEREAS, subsequent to the th of July holiday period and the implementation of Chapter 8.28, City staff provided a report to the City Council discussing the results of the 2013 sales, storage and discharge of Safe and Sane Fireworks; and WHEREAS, as a result of that report, the City Council has determined it is in the public interest to amend Chapter NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOMPOC DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Subsection (h) of the Lompoc Municipal Code is hereby (h) "Fireworks task force costs" means those employee salary, overtime and benefit costs, disposal costs, clean-up costs, and operations costs incurred by Lompoc Police, Fire, or other City Departments and authorized agencies to operate a task force to monitor, provide services related to and enforce the provisions of this chapter between June 28 and July 7 of each calendar year; provided, that fireworks task force costs shall be the amount established by Council resolution. SECTION 2. Section of the Lompoc Municipal Code is hereby amended to delete subsection (l) (iv), therefrom, in its entirety. SECTION 3. Subsection (p) (i) of the Lompoc Municipal Code is hereby (i) The non-profit organization must have its principal and permanent meeting place within the City and have a non-profit City-business license. SECTION 4. Section is amended, re-lettering the current subsection (s) to subsection (t) and by adding a new subsection (s) thereto to read as follows: (s) Surcharge shall mean the amount established by Council resolution and shall be used by the City to assist with the funding of the fireworks task force costs.

2 Page 2 of 5 SECTION 5. Section of the Lompoc Municipal Code is hereby amended to read as follows: SAFE AND SANE FIREWORKS - APPLICATION. (b) (c) (d) Except as provided in subsection (c) of this section, no non-profit organization shall submit more than one application for a permit to sell safe and sane fireworks within the City. If more than one application is submitted on behalf of any non-profit organization, including an affiliated organization, then any or all such applications could be voidable at the discretion of the Fire Chief; and the Fire Chief, or his/her designee, shall provide written notice to the affiliated applicants of his/her decision within ten City-working days after receipt of the affiliated applications. If any recipient of that notice disagrees with that decision, then, if a written appeal has been filed by that recipient and received by the City Clerk within five days after that notice has been transmitted to that recipient, the City Council shall, at a duly noticed public meeting, decide whether the organizations or groups are affiliated. The appeal shall include the reasons that recipient disagrees with the Fire Chief s decision. Any attempt to transfer an application shall void any and all applications filed by or on behalf of the transferor/non-profit organization and the transferee/non-profit organization. Notwithstanding the foregoing, if the non-profit organization is affiliated with a school or school district, but maintains a separate tax exempt status with the Internal Revenue Service or the California Secretary of State, then that non-profit organization shall be allowed a separate application. All applications for permits to sell safe and sane fireworks shall be in writing to the Fire Chief on forms supplied by the City. Applications may be filed beginning January 15th of each year, up to and including February 1. The Lompoc Unified School District Education Foundation ( LUSDEF ), as long as it is a Non-profit organization, may apply for two permits to sell safe and sane fireworks within the City; provided, that LUSDEF files with its application a letter (i) signed by the Lompoc Unified School District Superintendent (the Superintendent ), (ii) dated as of January of the year the application is submitted and (iii) indicating the Superintendent and LUSDEF have agreed to a method for disbursing the proceeds received by LUSDEF to various organizations affiliated with and officially recognized by the Lompoc Unified School District. No application for a then current year shall be submitted by a non-profit organization that had received a permit for the immediately preceding year, unless the City receives fewer applications for that then current year than permits that may be issued.

3 Page 3 of 5 (e) Applicants shall be notified by February 15 th of each year by the Fire Chief, or his/her designee, of the disapproval of any applications. The lottery to be held for determining which non-profit organizations are eligible for such permits will occur on or before March 1st of each year. All non-profit organizations whose applications have been selected shall have up to and including March 31 st of that year to submit all information required by Section of this Chapter. SECTION 6. Subsection of the Lompoc Municipal Code is hereby The maximum number of permits which may be issued to all qualified applicants and the maximum number of safe and sane fireworks stands that will be permitted pursuant to this Chapter per year shall not exceed one permit for each 7,500 residents of Lompoc, or fraction thereof, based on the latest State of California Census Estimate; provided, that two of those permits shall be reserved for possible issuance to LUSDEF, subject to it complying with all applicable requirements of this Chapter. Each permit issued is effective for one year, unless revoked. SECTION 7. Subsection (b) of the Lompoc Municipal Code is hereby If the number of qualified applicants (not including LUSDEF) exceeds the number of permissible permits under this section (after reducing that number by the permits, if any, to be allocated to LUSDEF), then the remaining qualified applicants to be issued permits shall be determined by a lottery conducted by the Fire Chief, or his/her designee, pursuant to subsection (c), and in accordance with the following: SECTION 8. Subsections (c) (iii), (viii) and (ix) of the Lompoc Municipal Code are hereby (iii) (viii) Payment of a permit/license processing fee established by Council resolution; Reimbursement Agreement. An agreement in a form to be obtained from the City Attorney's office between the City and the qualified applicant/joint venture qualified applicant's fireworks wholesaler requiring the distributor to (1) pay the City for that distributor's pro rata share of all fireworks task force costs incurred during the period that fireworks may be sold by the applicable permit under this Chapter and which are not reimbursed by the Surcharge; and (2) indemnify, defend and hold harmless the City and each of its officers, employees and agents from any and all liabilities, damages, awards, judgments and costs, including reasonable attorney's

4 Page 4 of 5 fees and court costs, that may arise from the qualified applicant's/joint venture qualified applicant's sales of fireworks; (ix) One condition for each permit issued pursuant to this Chapter to continue to be valid is, during the month of June in which the applicable permit is issued, individuals who serve as shift leaders staffing the sales sites shall attend a safe and sane fireworks stand operator safety seminar conducted by the Fire Department, in coordination with each licensed fireworks wholesaler that is supplying the safe and sane fireworks to the qualified applicant(s)/joint venture qualified applicant(s) being provided fireworks for sale, pursuant to the applicable permit. There shall be a minimum of one trained shift leader in attendance at the sales sites during hours of operation. The failure of a qualified applicant/joint venture qualified applicant to have designated shift leaders attend the safety seminar shall result in the revocation of the applicable permit; SECTION 9. Subsection of the Lompoc Municipal Code is hereby On or before 9:00 p.m. on the 5th day of July of the applicable year, the fireworks wholesaler that provided a qualified applicant fireworks (i) shall pick up from that qualified applicant s fireworks stand all unsold stock of fireworks in the control of a qualified applicant after 9:00 p.m. on the 4th day of July of the applicable year and (ii) remove the same from the City's jurisdictional boundaries. On closing of the fireworks stand each evening it is permitted to be open, the qualified applicant shall remove all litter, trash and debris from the premises. No later than July 9 th of the applicable year, the wholesaler, which it supplied fireworks for a fireworks stand, shall remove that stand from the City s jurisdictional boundaries. SECTION 10. Section of the Lompoc Municipal Code is hereby amended by adding a new subsection (p) to read as follows: (p) The surcharge shall be paid on or before the August 1 immediately following the July 4 for which the permit was granted. SECTION 11. Subsection (f) of the Lompoc Municipal Code is hereby (f) Ignite, discharge, project or otherwise fire or make use of any safe and sane fireworks on, over or in any public street, sidewalk alley, park or parking area, without prior written permission of the Fire Chief or his/her designee; provided, that this subsection shall not apply to any public street or parking area located within an area for which the City has issued a permit to allow a 4th of July block party.

5 Page 5 of 5 SECTION 12. The Table in Subsection (c)(ii) of the Lompoc Municipal Code is hereby amended in its entirety to read as follows: Number of offense(s) in one-year period Amount of Administrative Penalty Late Charge First $ 500 $ 50 $ 1,050 Second $ 1,000 $ 100 $ 1,600 Third and subsequent $ 1,500 $ 200 $ 2,200 Total Amount of Penalty plus Late Charge SECTION 13. This Ordinance shall be effective thirty (30) days after its adoption. PASSED AND ADOPTED this 15th day of October 2013, by the following electronic vote: AYES: NOES: ABSENT: Councilmember(s): Councilmember(s): Councilmember (s): John H. Linn, Mayor City of Lompoc Attest: Stacey Alvarez, City Clerk City of Lompoc

ORDINANCE NO (13)

ORDINANCE NO (13) ORDINANCE NO. 1591 (13) An Ordinance of the Council of the City of Lompoc, County of Santa Barbara, State of California, Adding Chapter 8.28 to the Lompoc Municipal Code Relating to Fireworks WHEREAS,