RECEIVED city ofsouth Gate Item No. 6

RECEIVED city ofsouth Gate Item No. 6 MAY 1 7 Z016 CiTY COUNCIL OFFlgE?THECYMANA0JDUJDA_BIELJL For the Regular Meeting of: May 24, 2016 F Originating Department: Police Department7 Department Head: Randall Davis Manager: LIichael Flad - SUBJECT: ORDiNANCE NO. 2327 ADDING NEW SECTION 2.10.585 (FINES RELATED TO DANGEROUS FIREWORKS) TO CHAPTER 2.10 (BUSINESS REGULATION) TO TITLE 2 (LICENSES BUSINESS REGULATIONS) ESTABLISHING THE USE OF ADMINISTRATIVE CITATIONS AND FINES PROHIBITING DANGEROUS FIREWORKS PURPOSE: During the regularly scheduled meeting of May 10, 2016, the City Council unanimously introduced Ordinance No. 2327 adding a new Section to the South Gate Municipal Code establishing administrative citations and fines against persons using dangerous fireworks. It is now before the City Council for adoption. RECOMMENDED ACTION: Waive the reading in full and adopt Ordinance No. 2327 adding new Section 2.10.585 (Fines Relating to Dangerous Fireworks) to Chapter 2.10 (Business Regulation) of Title 2 (License Business Regulations) establishing the use of administrative citations and fines prohibiting dangerous fireworks. Ji.( FISCAL IMPACT: No fiscal impact. Enforcement of this Ordinance is anticipated to fall within the Police Department s Budget. NOTICING REQUIREMENT: None ANALYSIS: The City of South Gate s existing administrative citation ordinance does not expressly extend to the use of dangerous fireworks, and the current fines do not serve as a deterrent for illegal fireworks activity. Ordinance No. 2327 specifically permits the use of administrative citations and fines to address dangerous fireworks and expands both who can be cited and the monetary sum of each violation. BACKGROUND: The July 4th weekend is a largely celebrated holiday in the City and is culminated with an annual fireworks show attended by approximately 30,000 to 35,000 people at South Gate Park on July 4th During this holiday weekend, and weeks prior to it, the Police Department receives a large call volume relating to the use, sales and possession of illegal dangerous fireworks. The police department answers and responds to these calls for service but 4401089.1 --L2350

the residual effect of illegal fireworks has a negative impact on the quality of life for South Gate citizens. It is not uncommon for violators to mask their use of dangerous fireworks with the use of safe and sane fireworks. This ordinance will assist the police department is dealing with these calls for service by providing a substantial monetary disincentive to those violators. The South Gate Police Department will continue to partner with the Los Angeles County Fire Department and other southeast area law enforcement agencies to address the issue of illegal fireworks. It is the hope that these partnerships as well as the following actions will aid in the reduction of illegal firework usage. Implementing an Administrative Citation fine for dangerous firework violations, to a minimum of $1,000 for a first offense, $1,500 for a second offense, and $2,000 for each offense thereafter. Increasing a pre-independence Day fireworks safety and enforcement campaign through the City web site, reader board displays and social media. Requiring all safe and sane fireworks stands to distribute fireworks safety fliers at their point of sale stands that indicate the dangers of illegal fireworks and the administrative fines for violators. In the weeks leading up to July 4th, displaying billboard or other signage in the City that prominently displays dangers of illegal fireworks and highlighting consequences. ATTACHMENT: Ordinance No. 2327 4401089.1.- L235.0 2

ORDINANCE NO. 2327 CITY OF SOUTH GATE LOS ANGELES COUNTY, CALIFORNIA AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE ADDING NEW SECTION 2.10.585 (FINES RELATED TO DANGEROUS FIREWORKS), TO CHAPTER 2.10 (BUSINESS REGULATION), OF TITLE 2 (LICENSES - BUSINESS REGULATIONS), OF THE SOUTH GATE MUNICIPAL CODE, ESTABLISHING TIlE USE OF ADMINISTRATIVE CITATIONS AND FINES PROffiBITING DANGEROUS FIREWORKS WHEREAS, every year thousands of American are treated in hospital emergency rooms throughout the country for injuries caused by fireworks, according to the United States Consumer Product Safety Commission s (Commission s) 2014 Fireworks Annual Report published in June 2015 (its most recent report); and WHEREAS, the Commission determined fireworks were involved in an estimated 10,500 injuries treated in U.S. hospital emergency departments, including 11 fatalities, during the calendar year 2014, of which children younger than 15 years of age accounted for 35 percent of the estimated 2014 injuries, and 1400 of these emergency department-treated injuries were associated with illegal firecrackers alone; and WHEREAS, slightly less than three-quarters of these injuries occur around July 4 annually; and WHEREAS, despite the prevalence of safe and sane fireworks which meet state and federal regulatory approvals, countless news reports each year recount tragic and serious injuries resulting from the use of dangerous fireworks, including the loss of limb, sight, and, in some cases, life; and WHEREAS, illegal fireworks, such as sky rockets, bottle rockets, roman candles, aerial shells, firecrackers and other types that explode, go into the air, or move on the ground in an uncontrollable manner have a higher risk for causing property damages, exacerbated by the State s extreme drought conditions; and WHEREAS, each year, the City of South Gate s Police Department responds to numerous complaints from residents regarding the use of illegal fireworks on and around July 4, and greater enforcement efforts through the use of administrative citations are needed to help enforce existing limitations affecting the type and use of fireworks in the City; and WHEREAS, the proposed ordinance will provide the City the ability to administratively cite persons using dangerous fireworks, including responsible persons such as owners, landlords, parents and minors and assess a monetary fine against them, jointly and severally; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. New Section 2.10.585 (Fines Related to Dangerous Fireworks), establishing the use of administrative citations and fines prohibiting dangerous fireworks is hereby added to Chapter 2.10 (Business Regulation), of Title 2 (Licenses Business Regulations), of the South Gate Municipal Code to read as follows: Chapter 2.10 BUSINESS REGULATION Section: 2.10.585 Fines Related to Dangerous Fireworks A. This Section authorizes the imposition of administrative fines on any person who violates any provision of this Section in order to encourage and obtain compliance with the provisions of this chapter for the benefit and protection of the entire community. This section governs the imposition, enforcement, collection and administrative review of all administrative fines, related to: (1) the possession, use, storage, sale and/or display of those fireworks classified as dangerous fireworks in Health and Safety Code Section 12500 et seq., with the exception of a pyrotechnic licensee when operating pursuant to that license; and/or (2) the use of safe and sane fireworks on or at dates, times and/or locations other than those permitted by this Section. Said administrative fines are imposed under authority of Section 53069.4 of the California Government Code, Section 12557 of the Health and Safety Code, and the police power of the City. B. Dangerous fireworks, as more particularly defined in Health and Safety Code Section 12505, include but are not limited to firecrackers, roman candles, and skyrockets, but exclude safe and sane fireworks as defined by Health and Safety Code Section 12529. C. Except as otherwise provided in this Section, a violation of this Section shall be an administrative violation subject to an administrative citation as established in Chapter 1.59 of the South Gate Municipal Court. The range of monetary sanctions for a violation of this Section is set below in subsection J of this Section. D. Person means an individual or a legal entity that is an owner, tenant, lessee and/or other person with any right to possession or control of property where a violation of this code occurred. E. Responsible Person means a person who causes a code violation to occur or allows a violation to exist or continue, by his or her action or failure to act. Every parent, guardian, or other person having the legal care, custody or control of any person under the age of 18 years, who knows or reasonably should know that a minor is in violation of this Section, may be issued a violation in accordance with the provisions of this Section and Chapter 1.59 of the South Gate Municipal Code.

F. Because of the serious threat of fire or injury posed by the use of dangerous fireworks that can result from persistent or repeated failures to comply with the provisions of this Section and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety and welfare, this Section imposes strict civil liability upon the owners of real property for all violations of this Section existing on their real property. Each contiguous use, display and/or possession shall constitute a separate violation and shall be subject to a separate administrative fine. G. The chief of police or his/her designee shall enforce the provisions of this Section. The issuance of citations imposing administrative fines shall be performed at the discretion of law enforcement personnel of the City. H. The City shall provide cost reimbursement to the State Fire Marshall pursuant to regulations adopted by the State Fire Marshall addressing the State Fire MarshalPs cost for the transportation and disposal of dangerous fireworks seized by the City, which costs will be a part of any administrative fine imposed, pursuant to Health and Safety Code Section 12557. I. The imposition of fines related to dangerous fireworks under this Section shall be limited to persons who possess, sell, use and/or display, or the seizure of, 25 pounds or less (gross weight) of such dangerous fireworks, pursuant to Health and Safety Code Section 12557. J. Fines collected pursuant to this chapter related to dangerous fireworks shall not be subject to Section 12706 of the California Health and Safety Code, which section provides that certain fines collected by a court of this state be deposited with, and disbursed by, the county treasurer, pursuant to Health and Safety Code Section 12557. K. Penalties for Violations. 1. Each person who violates any provision of this chapter as it relates to the possession, use, storage, sale and/or display of dangerous fireworks shall be subject to the imposition and payment of an administrative fine or fines as provided below: Number of Offenses in One-Year Period Amount of Administrative Penalty Late Total Amount of Penalty plus Late First $1,000.00 $250.00 $1,250.00 Second $1,500.00 $500.00 $2,000.00 Third $2,000.00 $1,000.00 $3,000.00 2. Each person who uses safe and sane fireworks on or at dates, times and/or locations other than those permitted by this chapter shall be subject to the imposition and payment of an administrative fine or fines as provided below:

Number of Offenses in One-Year Period Amount of Administrative Penalty Late Total Amount of Penalty plus Late First $250.00 $125.00 $375.00 Second $500.00 $250.00 $750.00 Third $1,000.00 $500.00 $1,500.00 3. Payment of an administrative fme shall not excuse or discharge a Responsible from the duty to immediately abate and correct a violation of this chapter, nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of this chapter. SECTION 2. This Ordinance s provisions are severable. If any portion of this Ordinance or its application to any person or circumstance is held invalid or unconstitutional, that decision does not affect the validity of the Ordinance s remaining portions and the Ordinance s application to other persons and circumstances. The City Council hereby declares that it would have passed the remainder of this Ordinance without the invalid or unconstitutional provision. SECTION 3. This Ordinance shall take effect on the thirty-first (31st) day after its adoption. SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED and ADOPTED this 24 th day of May, 2016. CITY OF SOUTH GATE: ATTEST: W.H. (Bill) DeWitt, Mayor Carmen Avalos, City Clerk (Seal) APPROVED AS TO FORM: Rjul F. Salinas, City Attorney