AN ORDINANCE REGULATING THE USE OF FIREWORKS IN THE UNINCORPORATED AREA OF STANISLAUS COUNTY

Size: px

Start display at page:

Download "AN ORDINANCE REGULATING THE USE OF FIREWORKS IN THE UNINCORPORATED AREA OF STANISLAUS COUNTY"

Ann Dixon
5 years ago
Views:

1 May 24,2005 "A-2.f. ORDINANCE NO. C.S AN ORDINANCE REGULATING THE USE OF FIREWORKS IN THE UNINCORPORATED AREA OF STANISLAUS COUNTY THE BOARD OF SUPERVISORS OF THE COUNTY OF STANISLAUS, STATE OF CALIFORNIA, ORDAINS AS FOLLOWS: Section 1. The Stanislaus County Code is amended to add Chapter 9.84 Fireworks, a copy of which is attached hereto and incorporated herein by reference. Section 2. This ordinance shall take effect thirty (30) days from and after the date of its passage and before the expiration of fifteen (15) days after its passage it shall be published once, with the names of the members voting for and against the same, in the Modesto Bee, a newspaper published in the County of Stanislaus, State of California. Upon motion of Supervisor Mayf ield, seconded by Supervisor OIBrien, the foregoing resolution was passed and adopted at a regular meeting of the Board of Supervisors of the County of Stanislaus, State of California, the 24th day of May, 2005, by the following called vote: AYES: Supewisors: OIBrien, Mayfield, DeMartini, and Chairman Grover NOES: Supervisors: None ABSENT: Supervisors: si,n A ATTEST: CHRISTINE FERRARO TALLMAN CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF STANISLAUS, STATE OF CALIFORNIA - -- Jeff Grover Chairman of the Board of Supervisors of the County of Stanislaus, State of California

2 APPROVED AS TO FORM: MICHAEL H. KRAUSNICK COUNTY COUNSEL Assistant county Counsel

3 Definitions. TITLE 9 Chapter 9.84 Fireworks Definitions General Prohibition Against Possession, Sale or Use of Fireworks Specific Prohibitions Exception - Certain Public Displays Exception - Safe and Sane Fireworks Exception - Specified Types of Fireworks Exception - Retail and Wholesale Sales Enforcement Penalty; Infraction Seizure of Fireworks Concurrent Authorities Unless otherwise indicated, the terms and phrases used in this Chapter shall have the same meaning as those terms are defined under the State Fireworks Law (Health and Safety Code sections et seq.) General Prohibition Against Possession, Sale or Use of Fireworks. Except as otherwise provided in this Chapter, no person shall sell, offer for sale, use, discharge, display, possess, store or transport within the unincorporated area of the County any Fireworks, Fireworks Kits, or Dangerous Fireworks, by whatever name known Specific Prohibitions. Notwithstanding any exception set forth in this Chapter, the following actions are specifically prohibited. (a) It is unlawful for any person to place, throw, discharge, fire or ignite Fireworks at or near any person or group of persons where there is a likelihood of injury to that person or group of persons, or for any person to willfully place, throw, discharge, fire or ignite Fireworks with the intent of creating chaos, fear, or panic. (b) It is unlawful for any person under the age of 18 years of age to sell, offer for sale, use, discharge, display, possess, store or transport any Fireworks unless under the direct supervision of and in the presence of a parent, guardian or other responsible adult over the age of Exception - Certain Public Displays. Public displays of Fireworks may be given with a written permit issued by the County Fire Warden, or the Fire Chief of a fire district within which the display is to be

4 given, or their respective desingees, so long as such display takes place under the supervision and direction of a State of California licensed Pyrotechnic Operator Exception - Safe and Sane Fireworks. It shall not be unlawful to use, discharge, display, possess, store or transport within the unincorporated area of the County those Fireworks that are defined and classified under the State Fireworks Law as Safe and Sane Fireworks during that time period beginning at 12:OO noon on June 28 and ending at 1 1 :59 p.m. on July 6 of the same year. This section shall not apply to any property owned or controlled by the County of Stanislaus, including park property as prohibited in Section B. The County Fire Warden, or the Fire Chief of a fire district within which the display is to be given, or their respective desingees, may issue a written permit to use, discharge, display, possess, store or transport Fireworks during any other period on such conditions as the Fire Warden or Fire Chief may prescribe Exception - Specified Types of Fireworks. It shall not be unlawful to sell, offer for sale, use, discharge, display, possess, store or transport in compliance with all provisions of the State Fireworks Law and regulations adopted by the State Fire Marshal, those Fireworks that are defined and classified under the State Fireworks Law as Agricultural and Wildlife Fireworks, Emergency Signaling Device, Exempt Fireworks, Model Rockets and Model Rocket Engines, and any Fireworks or Pyrotechnic Device exempted under Health and Safety Code section Exception - Retail and Wholesale Sales This Chapter does not apply to any Retailer or Wholesaler of Fireworks that operates in compliance with the State Fireworks Law and the Stanislaus County Code Enforcement. The division of authority for enforcement of this Chapter shall be as follows: (a) The Fire Warden and a chief of any fire protection district or their designated representatives, or any peace officer, shall have authority to enforce the provisions of this Chapter and issue citations for violations in their respective districts. (b) The County Fire Warden or his or her designated representative, shall have authority to enforce this Chapter in any area lying outside the jurisdictional boundary of any fire protection district. (c) The County Fire Warden or his or her designated representative, shall have authority to enforce this Chapter in any fire protection district upon request of the chief of the fire protection district or the governing body thereof.

5 Penalty; Infraction. (a) Notwithstanding any other section of this Code, and with the exception of the fourth and subsequent violation of this Chapter within one (1) year as provided in subdivision (c) of this section, the violation of any of the provisions of this Chapter is an infraction. (b) Every violation of any provision of this Chapter constituting an infraction is punishable as follows: (I) a fine not exceeding one hundred ($100) dollars for a first violation; (2) a fine not exceeding two hundred ($200) dollars for a second violation of this Chapter within one year; and (3) a fine not exceeding five hundred ($500) dollars for a third violation of this Chapter within one year. (c) The fourth and each subsequent violation of this Chapter within one (I) year shall constitute a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000) or imprisonment in the County Jail for not more than six (6) months, or both. (d) A person is guilty of a separate offense for each day during which he commits, continues, or permits a violation of this part or any provision of, or any order, regulation issued pursuant to, this Chapter Remedies. (a) The Fire Warden or the chief of the fire district in whose jurisdiction prohibited Fireworks are located, or their respective designee may prevent, stop, or cause to be stopped, any public display in progress, or any proposed public display, when the location, discharge, or firing of such public display is determined by him to be hazardous to property or dangerous to the public. (b) The Fire Warden or the chief of the fire district in whose jurisdiction prohibited Fireworks are located, or their respective designee, may seize, take, remove or cause to be removed all stocks of prohibited Fireworks offered or exposed for sale, stored, transported or held in violation of this Chapter. The official or agency authorized to enforce the provisions of this Chapter may charge any person, firm, or corporation, whose Fireworks are seized pursuant to this section, an amount which is sufficient to cover the cost of transporting, storing, handling and disposing of the seized Fireworks. Pursuant to Health and Safety Code section 12723, any Fireworks seized shall be held in trust for the State Fire Marshal. Pursuant to Health and Safety Code section 12724, any person whose Fireworks are seized under the provisions of this Chapter may, within 10 days after seizure, petition the State Fire Marshal to return the Fireworks seized upon the ground that the Fireworks were illegally or erroneously seized.

6 Concurrent Authorities. This Chapter is not the exclusive regulation for Fireworks within the unincorporated area of the County. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore and hereafter enacted by the County, the State, or any other legal entity or agency having jurisdiction. V:\CO\jpd\Docurnents\ORDINANC\FIRE\Final Fireworks 0rd.wpd

7 ORDINANCE C.S. 925 Upon motion of Supervisor Mayfield, seconded by Supervisor OIBrien, Ordinance C.S. 925 was passed and adopted at a regular meeting of the Board of Supervisors of the County of Stanislaus, State of California, this 24th day of May 2005, by the following called vote: AYES: SUPERVISORS: O1Brien1 Mayfield, DeMartini and Chairman Grover NOES: SUPERVISORS: None ABSENT: SUPERVISORS: Simon ABSTAINING: SUPERVISORS: None Ordinance C.S. 925 is an ordinance regulating the use of fireworks within the unincorporated area of Stanislaus County. This ordinance would provide for general prohibition against the possession, sale or use of fireworks but would allow the use of safe and sane legal fireworks during the Independence Day holiday period of June 28 through July 6. The ordinance makes it unlawful for persons to use fireworks in a manner that presents a likelihood of injury to others, cause chaos, fear or panic. This chapter does not apply to any retailer or wholesaler of fireworks that operates in compliance with State Law and the County Code. A full copy of the ordinance is available for review at the Clerk of the Board's Ofice, th Street, Suite 6700, Modesto, CA. BY ORDER OF THE BOARD OF SUPERVISORS DATED: May 24,2005 ATTEST: CHRISTINE FERRARO TALLMAN, Clerk of the Board of Supervisors of the Countv of Stanislaus, BY:

8 DECLARATION OF PUBLICATION (C.C.P. S2015.5) COUNTY OF STANISLAUS STATE OF CALIFORNIA I am a citizen of the United States and a resident Of the County aforesaid; I am over the age of Eighteen years, and not a party to or interested In the above entitle matter. I am a printer and Principal clerk of the publisher - of THE MODEST0 BEE, printed in the City of MODESTO, County of STANISLAUS, State of California, daily, for which said newspaper has been adjudged a newspaper of general circulation by the Superior Court ofthe County of STANISLAUS, State of Californi& Under the date of February 25, 1951, Action No ; that the notice of which the annexed is a printed copy, has been published in each issue thereof on the following dates, to wit: JUNE 4, 2005 I certify (or declare) under penalty of pejury That the foregoing is true and correct and that This declaration was executed at MODESTO, California on JUNE 4, 2005 ORDINANCE C.S. PZ c s. m seconded SUWVIII uwn motion o'nrien, of supervisor Onlnmnce M~lvfleld war parred by and adopted st a regu~lv meeting af the Board of supervlrorr of the County d Stmlslaul Stde of calitarnia, MIS 14th day MM~Y~OOL w the hilow. In9 miled vote. AYES. SUPERVISORS: O'Brfen, Moyfield, Demltlli and Chairman Grover NOES: SUPERVISORS. None ABSENT: SUPERVISORS: Smon ABSTAINING: ordinance C.S. SUPERVISORS: 575 Ir an ordinonce None regulating the use of ~rwuom within Ma uninrorwnted ma of Sbnilla~~ Cwnty This ard~nllnce would pmvide lor geneml prohlbit!on again* the wnersian. sale or UIO 01 ftreworkr butwould allow the ore ol rak and sane leg01 flreuorkr durinlthe independence DOY holrda~ perlad Of June 28 through July 6. The ordinance makes ~t unlawful for person3 to useitre works in a manner md presents a likellhwd of ln~urv to others, CIIYSL chaos, kor or wnlc. Thnr chapter doer not ~PPIV m any retoiler or wholeroler d fireworw thato~mtes in compllance with Stoh Law and the County code. A full COPY Ol the Ordlnonce ir avsbble for review at the Clerk of the B1111d'10fllCe, 1019!ah Stnet, Sulte67& Modesto, CA. BY ORDER OF THE BOARDOF SUPERVISORS DATED. M ~ L Y ZWI ATTEST: CHRISTINE FERRARO TALCMAN, Clerkof the Bslrd of SuPerulrarrof Me County at StonirllurSmte d Celifwnio BY: SUZI Seibert, Deputy Clerk of the Board JUNE 4,2005

"35. Hawkeye Avenue. On Hawkeye, Avenue from its intersection thereof with

35. Hawkeye Avenue. On Hawkeye, Avenue from its intersection thereof with ORDINANCE NO. C.S.- 756 AN ORDINANCE ESTABLISHING SPEED ZONES ON VARIOUS COUNTY ROADS THE BOARD OF SUPERVISORS OF THE COUNTY OF STANISLAUS ORDAINS AS FOLLOWS: Section 1. Section 11.04.040 (35 miles-per-hour)