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Home My WebLink AboutSafe and Sane Fireworks Sale and Discharge - Ordinance 3932 PROOF OF PUBLICATION STATE OF CALIFORNIA) CITY OF HUNTINGTON COUNTY OF ORANGE ) BEAM LEGAL NOTICE: ORDINANCE NO.3932 Adopted byy the Ctty I am a citizen of the United States and a lCoanctlo20F12RUARY6; "AN ORDINANCE OF THE resident of the Count of Los Angeles; I CITY of HUNTINGTON y g BEACH ADDING .CHAP- am over the age Of eighteen years, and 'TERTINGTON BEACH M MUU OF THE - " - not a party to Or interested in the notice !NICIPAL CODE RELATING TO FIREWORKS" published. I am a principal clerk of the SYNOPSIS: . ORDINANCE NO. 3932 HUNTINGTON BEACH (ALLOWS FOR THE SALE AND DISCHARGE DF STATE-APPROVED SAFE --_- - INDEPENDENT, which was adjudged a AND SANE.FIREWORKS newspaper of general circulation On DN A TRIAL BASIS FOR (THE' FOURTH OF JULY September 29, 1961, case A6214, and 2013.HOLIDAY, INCLUDED June 11, 1963 case A24831 for the ARE PROVISIONS TO AD- DRESS SPECIFIC AREAS CityOf Huntington Beach Count Of WHERE FIREWORKS g y WOULD BE PROHIBITED. Orange, and the State Of California. THIS ORDINANCE-ALS61 g ASSESSES A REG Attached to this Affidavit is a true and ULATDRY FEE ON ALL! FIREWORKS SOLD WITH-) complete c0 as rinted d IN THE CITY."THE PUR-' ; p copy was p an POSE OF THE REG-i published_on the following date(s): ULATORY FEE, WHICH WILL BE BASED ON THE; GROSS SALES OF FIRE-j WORKS, IS TO RAISE' Thursday,Iursday, February 16,6y 2012 SUFFICIENT FUNDS TO! PAY FOR ENFORCING 1 THE PROVISIONS OF THE`, ORDIANCE. PASSED,AND ADOPTED( by the 'City Council of I certify (or declare) under penalty the city t Huntington' Beach at a regular meeting held February of perjury that the foregoing is true 6,2012 by the followings roll call vote: and correct. AYES: Harper, Dwyer,' Hansen,Carchio,Bohr NOES:Shaw,Boardman ABSTAIN:None ABSENT:-None THE FULL TEXT OF THE ORDINANCE IS AVAIL Executed on February 22� 2012 ABLE IN THE CITY CLERK'S OFFICE. This ordinance is effec-i at Los Angeles, California five 30 days after; adoption. CITY OF HUNTINGTON BEACH 2000 MAIN STREET j HUNTINGTON BEACH, j CA 92648 714-536-5227 JOAN L.FLYNN'CITY CLERK ,Published H.B. Indepen- Signature dent February 16,2012 Council/Agency Meeting Held: Deferred/Continued to: -)oh - (o�a�/� �l pro v d ❑ onditionall Moved ❑ Denied P,1600 Ci CI r s Sign re Council Meeting Date: January 17, 2012 Department ID Number: FD 12-001 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Patrick McIntosh, Fire Chief SUBJECT: Approve for introduction Ordinance No. 3932 adding Municipal Code Chapter 5.90 regarding Safe and Sane Fireworks sale and discharge Statement of Issue: The City Council is requested to adopt an ordinance adding Municipal Code, Chapter 5.90 regarding safe and sane fireworks sale and discharge in the City of Huntington Beach. Financial Impact: Not applicable. Recommended Action: Motion to: Approve for introduction Ordinance No. 3932, "An Ordinance of the City of Huntington Beach Adding Chapter 5.90 of the Huntington Beach Municipal Code Relating to Fireworks." Alternative Action(s): Do not introduce the Ordinance. HB -307- Item 17. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 1/17/2012 DEPARTMENT ID NUMBER: FD12 001 Analysis: At the December 19, 2011, City Council meeting, the City Council..on a:5-2,vote approved the item submitted by Mayor Hansen directing staff to prepare an Ordinance regarding the sale and discharge of safe and sane fireworks in Huntington Beach. The proposed Ordinance, shown as Attachment 1, would allow for the sale and discharge of state-approved safe and sane fireworks on a trial basis for the Fourth of July holiday in 2012 and 2013. Also included are provisions to address specific areas where fireworks would be prohibited such as City beaches, parks, environmentally sensitive areas, and the downtown business district. Other areas of concern that are addressed in the Ordinance include: • Permits 010 permits will be issued. in 2012 0 20 permits will be issued in 2013 o Fourth of July Executive Board is "Preferred Applicant" with priority • Dates of sale o July 1, 2, 3 from 12:00 noon — 10:00 p.m. o July 4 from 10:00 a.m. — 8:00 p.m. • Date and hours of discharge o July 4th only from 12:00 noon — 10:00 p.m. • Areas where discharge is prohibited o All City beaches o All City parks o Environmentally sensitive areas o All areas on the ocean side of PCH o Specific downtown business areas o All City streets with the exception of residential streets • 24-hour security o Required for each location • Fees to offset City costs Currently, fireworks are prohibited in Huntington Beach, with the exception of use with an approved temporary fire permit for public fireworks displays. This Ordinance will allow for the sale of state-approved safe and sane fireworks during the period immediately proceeding the Fourth of July holiday and the discharge only on July 4th. In addition, upon adoption of this Ordinance, the city's Fire Code will require amending to allow for these changes. The Ordinance also would assess a regulatory fee on all fireworks sold within the City. The purpose of the regulatory fee, which will be based on the gross sales of fireworks, is to raise sufficient funds to pay for enforcing the provisions of the Ordinance. This includes extra personnel time for inspection and enforcement duties. The City Council will be presented with a fee resolution for adoption at a later date. The regulatory fee shall not exceed ten (10) percent of the total gross sales of fireworks sold in the City by permittees in the prior year. As proposed in the draft ordinance, 10 permits will be issued in 2012. The Fourth of July Executive Board as the preferred applicant will have the ability to receive up to 10 permits. In the event they decide not to apply for 10 permits, the City will issue the remainder — up to a Item 17. - 2 HB -308- REQUEST FOR COUNCIL. ACTION MEETING DATE: 1/17/2012 DEPARTMENT ID NUMBER: FD12 001 total of 10 permits through a lottery process. The application process is further detailed in the draft ordinance. Environmental Status: None. Strategic Plan Goal: Maintain and Enhance Public Safety Attachment(s): NEW 1. Ordinance No. 3932, "An Ordinance of the City of Huntington Beach Adding Chapter 5.90 of the Huntington Beach Municipal Code Relating to Fireworks." 2. PowerPoint Presentation 3. Communications HB -309- Item 17. - 3 ATTACHMENT # 1 =CVP/,jcs but ys �0/3 ORDINANCE NO. 3932 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING CHAPTER 5.90 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO FIREWORKS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 5.90 of the Huntington Beach Municipal Code is hereby added to read as follows: Chapter 5.90 FIREWORKS Sections: 5.90.010 Definitions 5.90.020 General Prohibition Against Possession, Sale or Use of Fireworks 5.90.030 Exception—Safe and Sane Fireworks 5.90.040 Exception—Public Displays 5.90.050 Exception—Theatrical Performances 5.90.060 Safe and Sane Firework Sales—Permit Required 5.90.070 Safe and Sane Fireworks—Grant of Approval of Permit by City Clerk 5.90.080 Safe and Sane Fireworks—Determination of"Qualified Applicant" 5.90.090 Safe and Sane Fireworks—Application by"Qualified Applicant" 5.90.100 Safe and Sane Fireworks—Prerequisite for Issuance of Permit 5.90.110 Safe and Sane Fireworks—Operation of Fireworks Stand 5.90.120 Safe and Sane Fireworks—Regulatory Fee for Permit 5.90.130 Safe and Sane Fireworks—Temporary Fireworks Stand 5.90.140 Safe and Sane Fireworks—Revocation of Permit 5.90.150 Safe and Sane Fireworks—Limitation on Places and Hours of Discharge 5.90.160 Safe and Sane Fireworks— Supervision of Minors 5.90.170 Safe and Sane Fireworks—Seizure of Fireworks 5.90.180 Fireworks Wholesaler Public Education Plan 5.90.190 Concurrent Authorities 5.90.200 Expiration of Ordinance Section 590.010 Definitions. The following words and phrases, as used in this Chapter, are defined as follows: a. "Dangerous Fireworks" shall mean "Dangerous Fireworks" in Health and Safety Code Sections 12505 and 12561 and the relevant sections of Title 19, Code of Regulations, Subchapter 6 which are hereby incorporated by reference. 12-3164/74590 1 Ordinance No.3932 b. "Fireworks Stand" means any building, counter, or other structure of a temporary nature used in the sale, offering for sale, or display for sale of"Safe and Sane Fireworks." C. "Fireworks Wholesaler" means any person, other than an importer, exporter or manufacturer, who purchases fireworks from a manufacturer, importer or exporter for resale to a retailer or any other person for resale—or—any person who sells fireworks to other wholesalers or retailers for resale. d. "Nonprofit organization" shall mean any nonprofit association, charity or corporation organized primarily for veteran, patriotic, welfare, civic betterment, religious, athletic or charitable purposes pursuant to the Internal Revenue Code or California Revenue and Taxation Code, or a group which is an integral part of a recognized national organization having such tax-exempt status or an organization affiliated with and officially recognized by an elementary, junior high and/or high school and/or school district that serves, in whole or in part, the residents of the City or public and/or private community college, college and/or university which is located within the boundaries of the City. e. "Person" means a natural person or a legal entity that is also an owner, tenant, lessee and/or other person with any right to possession or control of the property where a violation of this code occurred. f. "Principal and permanent meeting place" means a place that is owned, rented, or leased by the organization, or a meeting room, hall, or facility where the organization has a right to demand exclusive occupancy at specific times and dates for regularly scheduled meetings or activities. g. "Public display of fireworks" shall mean an entertainment feature where the public is admitted or permitted to view the display or discharge of fireworks, including but not limited to, those defined above. h. "Preferred Applicant" shall mean the "Fourth of July Executive Board" and/or its successor in interest. The "Preferred Applicant" is exempt from the requirements of a "Qualified Applicant" as defined in this section. i. "Qualified Applicants" shall mean any group or organization which has met all of the following criteria for a continuous period of not less than one full year preceding submittal of an application for a permit to sell required by this Chapter and which continues to meet the criteria for the duration of any permit to sell issued by the City of Huntington Beach pursuant to this Chapter. i. The organization shall be a nonprofit organization pursuant to purposes pursuant to the Internal Revenue Code or California Revenue and Taxation Code; or a group which is an integral part of a recognized national organization having such tax-exempt status or an organization affiliated with and officially recognized by an elementary, junior high and/or high school and/or school district that serves, in whole or in part, 12-3164/74590 2 Ordinance No. 3932 the residents of Huntington Beach or public and/or private community college, college and/or university which is located within the boundaries of the City of Huntington Beach. Only one application per school will be allowed. If an organization is affiliated with a recognized educational institution as defined in this Section, but maintains a separate tax exempt status with the Internal Revenue Service or the California Franchise Tax Board, said nonprofit organization shall be allowed a separate application. ii. The organization shall be organized primarily for veterans, patriotic, welfare, civic betterment, religious, athletic, educational, youth development or charitable purposes; iii. The organization must have its principal and permanent meeting place within the City; iv. The organization must be one which provides direct and regular community services and benefits to the residents of the City; V. Has a minimum bona fide membership of at least twenty (20) members who either reside in the City, are employed in the City, or are owners or operators of a business or other establishment located in the City; vi. Has not been found by any court of competent jurisdiction or City administrative hearing officer to be in violation of any civil or criminal local, state or federal law relating to fireworks within twenty-four calendar months prior to the organization's submittal of an application for a permit to sell; vii. Has not had a permit to sell revoked within twenty-four months prior to the organization's submittal of an application for a permit to sell. j. "Safe and Sane Fireworks" (a.k.a. "state-approved fireworks") shall mean "Safe and Sane Fireworks" as set forth in Health and Safety Code Sections 12529 and 12562 and the relevant sections of Title 19, Code of Regulations, Subchapter 6 which are hereby incorporated by reference. Section 5.90.020 General Prohibition Asainst Possession, Sale or Use of Fireworks. Except as otherwise provided in this Chapter, no person shall possess, sell, use, display, or discharge any "Dangerous Fireworks" including, but not limited to, any rocket, firecracker, roman candle, squib, torpedo, wire core sparkler, wooden core sparkler, black cartridge, aerial shell or other combustible device or explosive substance or any kind of fireworks, by whatsoever name known, or any altered"Safe and Sane Fireworks"within the City of Huntington Beach 12-3164/74590 3 Ordinance No.3932 Section 5.90.030 Exception—Safe and Sane Fireworks. It shall be unlawful to possess, sell, display or discharge within the City, those fireworks that are defined and classified as "Safe and Sane Fireworks" (a.k.a. "state-approved fireworks") in the California State Fireworks Law (Sections 12500, et seq., of the Health and Safety Code and the relevant sections of Title 19, Code of Regulations, Subchapter 6) at any time except as provided in this Chapter. Section 5.90.040 Exception—Public Displays. Notwithstanding any other provisions of this article, the Fire Chief or his/her designee at his/her discretion may grant permits for public displays of fireworks under his/her supervision. Section 5.90.050 Exception—Theatrical Performances. Notwithstanding any other provisions of this article, the Fire Chief or his/her designee at his/her discretion may grant permits for the use of pyrotechnic devices for the purpose of theatrical performances under his/her supervision. Section 5.90.060 Safe and Sane Fireworks Sales —Permits Required. It shall be unlawful for any person to sell "Safe and Sane Fireworks" within the City without having first applied for and received all required permits and licenses therefore, from the City. Section 5.90.070 Safe and Sane Fireworks —Grant of Approval of Permit by City Clerk. a. Effective March 1, 2012, the City Clerk shall issue up to ten permits to the "Preferred Applicant" for the sale of fireworks in the City of Huntington Beach. In the event that the "Preferred Applicant" does not apply for ten permits, the City Clerk shall issue permits to "Qualified Applicants" via lottery, not to exceed a total of ten permits to sell fireworks in the City of Huntington Beach city-wide. b. Effective March 1, 2013, the City Clerk shall issue up to ten permits to the "Preferred Applicant" for the sale of fireworks in the City of Huntington Beach. In the event that the "Preferred Applicant" does not apply for ten permits, the City Clerk shall issue permits to "Qualified Applicants" via lottery, not to exceed a total of twenty permits to sell fireworks in the City of Huntington Beach city-wide. Section 5.90.080 Safe and Sane Fireworks—Determination of"Qualified Applicant". The City Clerk shall use the following factors in determining if applicants are qualified to participate in the lottery: a. Only organizations prequalified by the City Clerk pursuant to Section 5.90.010 shall be considered; 12-3164/74590 4 Ordinance No. 3932 b. The contributions the organization has made or is proposing to make to the City of Huntington Beach's civic pride or betterment, youth activities and programs, care or assistance to the elderly, infirmed or disabled, assistance to or support of the business community, charitable efforts and other community contributions deemed beneficial by the City Council; C. The location and suitability of the premises where the organization proposes to operate. Section 5.90.090 Safe and Sane Fireworks—Application by "Qualified Applicant". a. No nonprofit organization shall submit more than one (1) application for a permit to sell "Safe and Sane Fireworks" within the City. Except for the "Preferred Applicant", no nonprofit organization shall be permitted more than one location. If more than one (1) application is submitted on behalf of any nonprofit organization, including an affiliated organization, all such requests shall be voidable at the discretion of the City Clerk. If a question arises as to whether organizations and/or groups are affiliated, the City Manager shall have ultimate authority to decide said question. Any attempt to transfer an application shall void any and all applications filed by or on behalf of the transferor/nonprofit organization and the transferee/nonprofit organization. All applications for permits to sell "Safe and Sane Fireworks" shall be in writing to the City Clerk on forms supplied by the City. Applications may be filed beginning March 1 of each year up to and including March 31 of the same year, at which time the filing period for that year will be closed. A deposit in an amount equal to the permit fee established by resolution of the City Council shall be submitted with the application. The deposit shall be refunded in the event that the nonprofit organization is not permitted by the City Clerk. b. The application shall be accompanied by all documentation required by the City Clerk and shall include, but not be limited to, the following: i. Assurance that, if the permit is issued to the applicant, the applicant shall, at the time of receipt of such of permit, deliver to the City a certificate evidencing policies of insurance as required by City resolution. ii. Proof that the applicant nonprofit organization has met the definition and requirements set forth in this Chapter. iii. Documentation demonstrating tax-exempt status. iv. A written statement describing the benefits the organization provides the community which will be used by the City Council to make the determination on whether to grant a permit. C. The applications shall be signed by an authorized officer or director of the nonprofit organization who shall warrant to the City of Huntington Beach the veracity of all statements contained therein. If any material statement in the application is determined by 12-3164n4590 5 Ordinance No.3932 the City Clerk to be false or misleading, the City Clerk may forthwith revoke the permit issued by the City Clerk. d. The City Clerk shall review all applications for sufficiency and completeness within ten days of filing and promptly notify applicant nonprofit organizations of any defects, disqualifying factors or omissions. All applications and required accompanying documentation shall be in final form and shall be filed with the City Clerk by 5:00 p.m. on March 31 of each year. The City Clerk shall not be required to accept additional documentation after March 31, but may request information clarifying or additionally explaining the applicant's proposal. e. All nonprofit organizations meeting the requirements for a permit under this Section shall be pre-qualified by the City Clerk provided they comply with all other portions of the Municipal Code and provisions of this ordinance. Section 5.90.100 Safe and Sane Fireworks —Prerequisite for Issuance of Permit. a. If a nonprofit organization is selected to be granted a permit to sell fireworks pursuant to this Chapter, prior to issuance of said permit, and in addition to those other requirements set forth in this Chapter or on the permit application; in order for a permit to be issued, a "Qualified" nonprofit organization shall demonstrate compliance with all of the following: i. On a form provided by the City, set forth the proposed location of the fireworks stand; the name, address and telephone number of one or more responsible adults who will be in charge of and responsible for the fireworks stand during the period fireworks are sold, displayed or stored at such location; and written permission from the owner of record and/or lessor and/or management company of the property upon which said fireworks stand is proposed to be located; ii. The applicants status as a nonprofit, charitable, religious or elementary corporation or association; iii. When the applicant was organized and established; iv. The names and addresses of the officers, if any, of the applicant; V. The location where the applicant will sell fireworks including a plot plan; vi. The name, address, and California State Fire Marshal's license number of any wholesaler or distributor from whom the retailer proposes to purchase for resale; vii. The applicant's state board of equalization sales tax permit number; viii. The manner, method and times, when and how the applicant proposes to sell safe and sane fireworks; 12-3164/74590 6 Ordinance No. 3932 ix. Such other information as the City may require to process an application; X. A copy of the requisite retail sales permit issued by the Office of the California State Fire Marshal; xi. Evidence of a temporary sales tax permit from the California State Board of Equalization. b. Throughout the term of a permit issued pursuant to this Chapter, each permittee shall pay for and maintain in full force and effect policies of insurance in a form and amount and with coverage types required by the City. C. The continued validity of any City permit issued pursuant to this Chapter shall be subject to the requirement that at least one or more representatives of each nonprofit organization shall attend a "Safe and Sane Fireworks" stand operator safety seminar conducted by the City and the permitted fireworks wholesaler that is supplying the "Safe and Sane Fireworks" to the nonprofit organization. The failure of a nonprofit organization to have a responsible individual(s) attend the safety seminar may result in the revocation of its permit to sell "Safe and Sane Fireworks." Section 5.90.110 Safe and Sane Fireworks—Operation of Fireworks Stand. a. No person shall knowingly sell fireworks to any person under the age of eighteen (18). Proof that the fireworks stand operator/organization demanded, was shown and acted in reliance upon bona fide evidence of age and identity in any sale of fireworks forbidden by this Chapter shall be a defense for any proceedings for suspension or revocation of its "safe and sane fireworks" permit or any criminal proceedings for violations of this Chapter. For purposes of this section, bona fide evidence of age and identity of purchaser is a document issued by a federal, state, county or municipal government which contains a photograph of the purchaser including, but not limited to, a valid California Driver's License or Identification Card issued to a member of the Armed Forces. b. It shall be illegal to sell fireworks except between 12:00 noon and 10:00 p.m. on July 1 st, 2nd, and 3`d and between 10:00 am to 8:00 pm on July 4tn C. Except for the "Preferred Applicant", no person other than the individuals who are members of the permittee and/or joint venture nonprofit organization(s) or the wives, husbands, parents or adult children of such members shall sell or otherwise participate in the sale of"Safe and Sane fireworks" at such stand. d. No person under the age of eighteen (18) shall sell or participate in the sale of"Safe and Sane Fireworks" within such stand. e. No person shall be paid any consideration by the permittee nonprofit organization(s) or any wholesaler/distributor of "Safe and Sane Fireworks" for selling or otherwise participating in the sale of"Safe and Sane Fireworks" at such stand; provided, however, 12-3164n4590 7 Ordinance No. 3932 that compensation may be paid for licensed security personnel during sale or non-sale hours and to the parry authorizing the location of the stand on its property. The Fire Chief or his/her designee may revoke the fireworks storage permit and/or local business permit of any fireworks wholesaler/distributor violating the terms of this Section. f. All fireworks shall be retained at the approved location. In no event shall unsold fireworks be removed from the approved location to any other place without written approval of the Fire Chief or his/her designee. Section 5.90.120 Safe and Sane Fireworks—Rmulatory Fee for Permit. a. The City shall assess a regulatory fee on all fireworks sales that occur within the City of Huntington Beach. The regulatory fee based on the gross sales of fireworks shall be paid by the permittee. The purpose of the regulatory fee is to raise sufficient funds to pay for enforcing the provisions of this Chapter including extra personnel time for fire inspection and enforcement duties. b. Prior to imposing the fee the City shall prepare a study of the anticipated cost for fireworks education awareness and enforcement. After preparing the study the City Council shall adopt a Resolution setting the regulatory fee rate no later than the last meeting prior to the first day of fireworks sales pursuant to this Chapter. Effective March 20t3, the regulatory fee shall not exceed ten (10) percent of the total gross sales of the fireworks sold in the City by permittees in the prior year. C. The Finance Department each year shall determine each permittees share of the regulatory fee based on the permittee's fireworks sales financial statements. Each permittee shall provide its fireworks sales financial statements to the City no later than August 31 st of the same year. After the Finance Department receives the financial statements the Finance Department shall invoice each licensee for their share of the total annual regulatory fee. Payment of the regulatory fee by each licensee shall be due to the City thirty (30) days following issuance of the invoice. In addition to the City's standard collection procedures, failure by any licensee to pay the amount invoiced by the City's Finance Department shall be cause to disqualify the licensee from obtaining a license to sell fireworks in the City in the future. Section 5.90.130 Safe and Sane Fireworks—Temporary Fireworks Stand. a. All retail sales of"Safe and Sane Fireworks" shall be permitted from within a temporary fireworks stand, and the retail sales from any other building or structure is hereby prohibited. Temporary stands shall be subject to NFPA 1124 Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, Current Edition and any other requirements as established by the City. b. The Fire Chief or his/her designee is authorized to promulgate reasonable additional rules and regulations for the operation of fireworks stands, in order to eliminate or reduce to a minimum the risk of fire or injury to persons or damage to property. A copy of any such rules and regulations shall be posted in a prominent place in each fireworks stand. 12-3164/74590 8 Ordinance No.3932 Failure to comply with said rules and regulations shall be grounds for the immediate revocation of any permit granted under this Chapter. Section 5.90.140 Safe and Sane Fireworks—Revocation of Permit. The Fire Chief or his/her designee, may revoke, immediately and without notice or hearing, the permit of any permittee who violates any section of this Chapter. Any permittee whose permit has been revoked, shall be barred from receiving a permit under this Chapter for up to five (5) years from the date of revocation. Section 5.90.150 Safe and Sane Fireworks—Limitation on Places and Hours of Discharge. a. It shall be unlawful for any person to ignite, discharge, project or otherwise fire or use, any "Safe and Sane Fireworks," or permit the ignition, discharge or projection thereof on any beaches, wetlands,public parks and/or within the downtown corridor, specifically: i. Zones 1, 2 and 3 of the Downtown Specific Plan. ii. All areas on the ocean side of Pacific Coast Highway. b. Subject to the exception noted above, it shall be unlawful for any person to ignite, discharge, project or otherwise fire or use, any "Safe and Sane Fireworks," or permit the ignition, discharge or projection thereof except on July 4th of each year between the hours of 12:00 noon and 10:00 p.m. C. It shall be unlawful for any person to ignite, discharge, project or otherwise fire or use, any "Safe and Sane Fireworks," or permit the ignition, discharge or projection thereof, upon or over or onto the property of another without his/her consent or to ignite, discharge, project or otherwise fire or make use of any "Safe and Sane Fireworks" within ten (10) feet of any residence, dwelling or other structure, or oil wells. d. It is unlawful for any person, firm or corporation to use or discharge any fireworks, including safe and sane fireworks as defined in Part 2 of Division 11 of the California Health and Safety Code, within the following areas of the City: i. Any public property, including, but not limited to, public streets, highways, alleys, sidewalks, parks or other publicly owned property, buildings or facilities, except sidewalks and alleys in residential districts; ii. Any property within a commercial district of the city as defined by the Huntington Beach Zoning and Subdivision Code except for any nonconforming residential use within such district used for residential purposes as of the effective date of the ordinance codified in this section; 12-3164n4590 9 Ordinance No.3932 iii. Any property within an industrial/manufacturing district of the city as defined by the Huntington Beach Zoning and Subdivision Code except for any nonconforming residential use within such district used for residential purposes as of the effective date of the ordinance codified in this section. Section 5.90.160 Safe and Sane Fireworks —Supervision of Minors. It shall be unlawful for any person having the care, custody or control of a minor (under 18- years-old) to permit such minor to discharge, explode, fire or set off any"Dangerous Fireworks", at any time, or to permit such minor to discharge or set off any "Safe and Sane Fireworks" unless such minor does so under the direct supervision of a person over 18-years-of-age and during the hours and on the day permitted by this Chapter. Section 5.90.170 Seizure of Fireworks. The Fire Chief or his/her designee may seize, take, remove or cause to be removed, at the expense of the permittee or permit fireworks wholesaler, whichever is applicable, all stock of fireworks offered or exposed for sale, stored or held in violation of this Chapter when such violation creates an imminent threat to public health or safety. Section 5.90.180 Fireworks Wholesaler Public Education Plan. Each fireworks distributor/wholesaler who is supplying one or more of the nonprofit organization who is a permittee under this Chapter, shall annually submit a Public Education Plan to the Fire Department no later than 5:00 pm on June 1. Said Public Education Plan should outline the public safety and education efforts for that year that have been initiated, supported and/or delivered by each fireworks distributor/wholesaler within the City. Said public education plan should include, but is not limited to, samples of all the materials and the extent of distribution of all of the safety and education materials discussed in that wholesaler's/distributor's plan. Section 5.90.190 Concurrent Authorities. This Chapter is not the exclusive regulation for fireworks within the City of Huntington Beach. It shall supplement and be in addition to the other regulatory codes, statutes, regulations and ordinances heretofore and hereinafter enacted by the City of Huntington Beach, the State of California or any other legal entity or agency having jurisdiction. If any section, subsection, sentence, clause or phrase of this Chapter that 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 portions of this Chapter. The City Council hereby declares that it would have passed this Chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 12-3164/74590 10 Ordinance No. 3932 Section 5.90.200 Expiration of Ordinance. This ordinance will expire July 5, 2013. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of February , 2012. Mayor ATTEST: INITIATED AND P ED: —trCity C erle AlFire Chief REV,,ttAPPROVED: APPROVED AS TO FORM: Ptylynager Ci Attorney Z 12-3164/74590 11 Ord. No. 3932 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on January 17,2012, and was again read to said City Council at a regular meeting thereof held on February 6,2012, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Harper, Dwyer, Hansen, Carchio, Bohr NOES: Shaw, Boardman ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley ffi Independent on February 6,2012. ° In accordance with the City Charter of said City Joan L. Flynn, City Clerk y Clerk and ex-officioVlerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #2 1. Y s � n 4 o - 0 It Apm €, , r.. u nt �pg -10 r. �":l.............. 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"I,,"; ,M k M anfacturers rust provide r#rnateriis >r� -............ a he 4 AlI` a ro�ed.�a , I icants re u i red t0 attend trai n�o n pp pp q a r Y � .... ...... �F�11 c i`y f-; a;nd{®ut -with- eery urehase�®utl�tnin restricts on s l OR eA h r ctieach Ie rwatt e(�o equiredat ® 0 Ai, ........... z M�t � tz yv' n ii 10" A:, �_ r. 3 i x ac UE�-�,-5 b, r ti AV``• g, yn W ........... y� r �.. ... ............ ,.' ;; t, l; 2 p r a � N ATTAC H M E N T #3 COMMUNICATIONS RECEIVED REGARDING AGENDA ITEM: ORDINANCE NO. 3932 ADDING CHAPTER 5.90 TO THE MUNICIPAL CODE REGARDING SAFE AND SANE FIREWORKS SALE AND DISCHARGE HB -333- Item 17. - 27 Esparza, Patty From: OneWildArt@aol.com Sent: Monday, January 02, 2012 5:48 PM To: Shaw, Joe Cc: Stephenson, Johanna Subject: Fireworks Dear Councilman Shaw, Thank you for your vote opposing fireworks in the city of Huntington Beach. I am very disappointed that the majority of the council members chose to make it legal. Please continue to pursue a resolution of this issue to keep a problem we don't need out of the city. Tax revenue would be offset having to pay overtime to police and fire personnel so isn't a viable argument. Thank you for your intelligent insight into this issue concerning our city. Trudy Roe Resident of Huntington Beach 33+ years i Item 17. - 28 HB -334- Esparza, Pafiy goon: Stephen Sanford [sssanford@earthlink.net] ant: Wednesday, December 21, 2011 7:43 PM ro: CITY COUNCIL Subject: I Support Lifting the Fireworks Ban Councilmembers: We support lifting the ban on state approved fireworks in Huntington Beach. Please support Mayor Hansen's proposed ordinance. Stephen and Emily Sanford i HB -335- Item 17. - 29 Esparza, Patty From: Frank Cunard [cunardf@aol.com] Sent: Wednesday, December 21, 2011 3:27 PM To: CITY COUNCIL Subject: FIREWORKS Dear City Council members, Your Huntington Beach city ordinance regulating fireworks was, until fireworks were banned, the best city ordinance in California. With the 3/4 mile limit between stands the city had a limited number of stands and each and every non-profit group operating a stand made a fair profit. The non profit qualification provisions meant that the profits from sales of fireworks remained in the community. The grandfather provisions also meant that the non profits had a stable future. The combination of the 3/4 mile limit and the grandfather provisions gave the non profits groups a degree of leverage when dealing with the fireworks companies. If the group controlled the intersection, they could shop the fireworks companies for the best deal. During the 4th of July holiday Huntington Beach used to be so much nicer because fireworks stands were not across from one another, sometimes four per intersection, as in the surrounding communities. I would recommend that the city council dust off the old ordinance and pass it as is. As I stated earlier, your ordinance was the best and fairest in California. Your ordinance provided an ideal balance between the non profits, the city, and the fireworks companies. Thank you, Frank Cunard 1 Item 17. - 30 HB -336- Esparza, Pasty Prom: WHami18121 [whami]8121@aol.com] ant: Wednesday, December 21, 2011 2:32 PM go: CITY COUNCIL Subject: I Support Lifting the Fireworks Ban Councilmembers: I support lifting the ban on state approved fireworks in Huntington Beach. Please support Mayor Hansen's proposed ordinance. i HB -337- Item 17. - 31 Esparza, Patfy From: Nathan Simpson [me@natesimpson photo.com] Sent: Monday, December 19, 2011 11:59 PM To: CITY COUNCIL Subject: I Support Lifting the Fireworks Ban Councilmembers: I support lifting the ban on state approved fireworks in Huntington Beach. Please support Mayor Hansen's proposed ordinance. Thanks Nathan Simpson Item 17. - 32 HB -338- Esparza, Patty crow: terry rylski [terry.ryiski@coldwelIbanker.com] ant: Monday, December 19, 2011 5:52 PM ro: CITY COUNCIL Subject: fireworks ban being lifted in HB Lifting the ban on fireworks in Huntington Beach is absurd. Is the council considering this because the police have so many illegal fireworks incidents and can't possibly act on all of them? This is understandable but the ban is still the best deterrent to keep injuries down to a minimum. Please don't go backward!!l Terry Rylski Coldwell Banker-Campbell Realtors 714 343 6371 cell 714 374 7817 fax terry.rylski@coldwelIbanker.com DRE 01184673 1 HB -339- Item 17. - 33 Esparza, Patty From: Stephenson, Johanna Sent: Monday, January 09, 2012 11:45 AM To: Esparza, Patty Subject: FW: fireworks in HB Follow Up Flag: Follow up Flag Status: Flagged Johanna Stephenson I Executive Assistant I City of Huntington Beach 0: 714.536.5575 lahanna.stephenson@surfcity-hb.arg From: Air Filtration Resources [mailto:roberta@afr-air.com] Sent: Monday, January 09, 2012 11:44 AM To: Boardman, Connie; Shaw, Joe Cc: Fikes, Cathy; Stephenson, Johanna Subject: fireworks in HB Hello Ms.Boardman and Mr.Shaw, I am emailing regarding the decision of HB to start selling fireworks in the city again. I am also opposed to this and just recently I had an incident with my tenant where a"safe and sane" firework torched their car. I would love to help with your campaign to keep fireworks out of the city. Byway of background,my brother and I own a home in downtown for over 16 years. I remember when 4th of July was crazy and scary with fireworks,parties and fights. We rented out our home just recently to a young couple who are starting a family,because my brother has deployed for Afghanistan and we wanted someone in the house. If you want a case to help with your campaign ours is a good one. Their car is destroyed because on New Years,the city could not stop a group of young adults from firing of illegal firecrackers. What will it be like if they were legal? I live in Garden Grove,where they are legal and it is scary around here during the 4th of July. I have also worked firework booths for our Marching Band Fundraisers and I can give you the numbers that we made from the sale of fireworks...believe me it is not that much!! Especially,since Westminster,(just this year)is also selling them. Please let me know,if I can do anything to stop this. Thank you. Roberta Morrison Air Filtration Resources www.airfiltrationresources.com 12534 Valley View Street#322 Garden Grove,CA 92845 Phone: (714)622-4792 Fax: (480)287-8759 1 Item 17. - 34 1413 -340- Esparta, Patty ^rom: Surf City Pipeline[noreply@user.govoutreach.com] ant: Wednesday, December 28, 2011 2:45 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 10114 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council- Comment on an Agenda Item Citizen name: don williams Description: I want to express my disappointment with your stand on the fireworks item you brought to the agenda. I was in law enforcement most of my life here in Orange Co. I saw the results of no or little regulation of firework. Personal injuries fires and a lot of social unrest because of a lack of regulation. When HB out lawed fire works I though they were on the right track. Many youngesters buy their fireworks in Mexico or Nevada and don't know the damage they will do. I also know that it has been suggested that fireworks wholesalers have heavy investment from Organized crime syndicates . Have you taken any campaign contribution from any Fire works sellers or wholesalers ? If your group passed the amendment to make "safe and sane" fireworks legal you and your "friends" will lose my support. -xpected Close Date: 01/03/2012 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 1 HB -341- Item 17. - 35 Esparza, Patly From: Surf City Pipeline[noreply@user.govoutreach.com] Sent: Monday, January 02, 2012 7:35 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 10133 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Complaint Request area: City Council - Comment on an Agenda Item Citizen name: Sue Johnson Description: FEMA and the U.S, Fire Administration both have warnings against citizens setting off their own fireworks, as does our Fire Chief. I am very upset with your vote to legalize them again in Huntington Beach. Please reconsider your decision. Expected Close Date: 01/03/2012 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. i Item 17. - 36 HB -342- Esparza, Patty Orom: dailygame@aol.com ent: Thursday, December 22, 2011 10:30 PM ro: CITY COUNCIL Subject: Fire works. Yes Connected by DRO1D on Verizon Wireless 1 HB -343- Item 17. - 37 Esparza, Patty From: Mark Temple [markedwardtemple@msn.com] Sent: Thursday, December 22, 2011 8:34 PM To: Shaw, Joe Cc: Stephenson, Johanna Letter to Huntington Beach Independent: I will make note of everyone on the council, starting with Mayor Hansen, to be sure to vote against them the next election. I have never heard more absurd argument that Huntington Beach is a "responsible, thoughtful and patriotic community". I don't care about that; I am concerned with the 1, 5 or 10% who are irresponsible idiots that use fireworks. Are these politicians in the pocket of the firework manufacturers or the charities who only care about their fundraising and profits, with no regard to the damage done by their products! If these manufacturers and charities had to pay for the damage they do, I bet this would not be such a "patriotic" idea. i Item 17. - 38 HB -344- Esparza, Patty Prom: Stephenson, Johanna ent: Tuesday, January 03, 2012 8:31 AM ro: Esparza, Patty Subject: FW: Fire Works Johanna Stephenson I Executive Assistant I City of Huntington Beach 1 0:714.536.5575 iohanna.stephenson@surfcity-hb.ors From: mee115 [mailto:mee115@aol.com] Sent: Saturday, December 31, 20114:26 PM To: CITY COUNCIL Cc: patrick.Mcintoch@surfcity-hb.org; Small, Ken Subject: Fire Works Dear Council Members: I remember how bad it was when we had fire works. The beach was a mess and the air was polluted. I couldn't go downtown. We have plenty of celebration-the run,parade and off shore fire works display. Please don't allow fire works. Non-profits can find another way to support their programs without endangering the citizens property and health. _✓Lary Ellen Houseal 1 HB -345- Item 17. - 39 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Tuesday, January 03, 2012 2:10 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 10143 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Description: I OPPOSE THE LEGALZIATION OF FIREWORKS IN THE CITY THEY SHOULD BE BANNED AS A MATTER OF PUBLIC SAFETY AND TO PROTECT LIVES AND PROPERTY. Expected Close Date: 01/04/2012 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. i Item 17. - 40 HB -346- JAN 0 5 2012 9262 Sunridge Drive Huntington Beach, CA 92646-5936 Huntington Beech January 3, 2092 C171 COI NCIL OF CE _.1 Mayor Don Hansen and Councilmembers Devin Dwyer, Connie Boardman, Keith Bohr, Joe Carchio, Matthew Harper, and Joe Shaw 2000 Main Street Huntington Beach, CA 92648 Re: Fireworks in HB I am strongly opposed to legalizing fireworks in the city. Just because the current ban is rarely enforced, this is a terrible idea, as they are extremely dangerous and dirty and scare my dogs. Sincerely, Marquille M. Randall 1 HB -347- Item 17. - 41 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Thursday, December 22, 2011 6:47 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 10090 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Brenda Welch Description: As residents of HB for 45 years, we enjoy the peace of mind on the 4th. The parade is huge and the celebration goes on for days. Before the ban when we had the fireworks, in our neighborhood off Goldenwest and Slater,we had to rinse down our roof so as not to have a fire...even with fireproof shingled roof...we have wooden fences and lots of palm trees that act as torches...when lit. What is Hansen thinking?Does he own stock in a firecracker company?Do you?Is he ill advised...who is the guy who doesn't listen to both Fire Dept chief and Police Chief...he doesn't listen to advice from a Grand Jury or do you?... The fireworks come in a box that say Safe and Sound...yet,many children are burned every 4th and homes and businesses are burned. Ask those people what's safe and sane about that. If fireworks are allowed on the beach there's not enough trash cans to pick up the debri...sparklers on wires create a safety hazard for months left in the sand.... and then the run off from the trash goes into the ocean. It appears that the men who voted for the lift of a ban, ignored a Grand Jury report, a report from the chief of police, a report from the fire dept. How can they be so disrespectful? How can you compare fireworks burning people...we're not talking about skateboards, bicycles that don't burn kids...stick to the facts...Hansen gets lost in his rhetoric... We have a large park close to our house with lots of dry bushes and brush in Central Park. We've raised 4 children in HB and now have 10 grandchildren. I would hate for an accident to happen to any of my family or anyone else's as a result of being lax about laws keeping these flammatory devices whether legal or illegal in our community. There's no fireworks along the ocean from Ventura to the Mexican border....I wonder- why?If we had a SantaAna wind along with the 4th wouldn't that be something...we could lose our community like Laguna Beach did: i Item 17. - 42 HB -348- What does Hansen want to be famous for being the only mayor to create fireworks along the beach or is he wanting to see how many people can burn or businesses or homes in a year while he's the mayor! Maybe he should go visit Santa Ana, Costa Mesa or Westminster and see how he or you likes the noise and activity on the 4th of July there...that should be the trial...he wants to help create chaos in our wonderful city or do you? Do you council people hang out at the beach after the parade and on the beach on the 4th?until midnight like the police do? What are you thinking? Please go visit Behjing China on their New Years and enjoy the fireworks along the curbs, in traffic and on the beaches there,not here! Please reconsider your stance on this dangerous lift of ban...you are playing with fire! Who will benefit from the sale of fireworks? Will you? Expected Close Date: 12/23/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. z HB -349- Item 17. - 43 Esparza, Patty From: Surf City Pipeline[noreply@user.govoutreach.coml Sent: Thursday, December 22, 2011 6:37 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 10089 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Question Request area: City Council - Comment on an Agenda Item Citizen name: Brenda Welch Description: As residents of HB for 45 years,we enjoy the peace of mind on the 4th. The parade is huge and the celebration goes on for days. Before the ban when we had the fireworks,in our neighborhood off Goldenwest and Slater, we had to rinse down our roof so as not to have a fire...even with fireproof shingled roof...we have wooden fences and lots of palm trees that act as torches... What are you thinking?Do you own stock in a firecracker company?Are you ill advised... who doesn't listen to both Fire Dept chief and Police Chief..you don't listen to advice from a Grand Jury... The fireworks come in a box that say Safe and Sound...yet,many children are burned every 4th and homes and businesses are burned. Ask those people what's safe and sane about that. If fireworks are allowed on the beach there's not enough trash cans to pick up the debri...sparkers on wires create a safety hazard for months left in the sand.... and then the run off from the trash goes into the ocean. It appears that you men who voted for the lift of a ban,ignored a Grand Jury report, a report from the chief of police, a report from the fire dept. How can they be so disrespectful? How can you compare fireworks burning people...to skateboards,bicycles that don't burn kids...stick to the facts...stick to the subject not apples and oranges. We have a large park close to our house with lots of dry bushes and brush in Central Park. We've raised 4 children in HB and now have 10 grandchildren. I would hate for an accident to happen to any of my family or anyone else's as a result of being lax about laws keeping these flammatory devices whether legal or illegal in our community. There's no fireworks along the ocean from Ventura to the Mexican border....I wonder why? If we had a SantaAna wind along with the 4th wouldn't that be something...we could lose our community like Laguna Beach did. i Item 17. - 44 HB -350- Do you want to be famous for being the only mayor to create fireworks along the beach or do you want to see how many people can burn or businesses or homes in a year while you're the mayor! Maybe you should go visit Santa Ana, Costa Mesa or Westminster and see how you like the noise and activity there especially on the 4th of July...that should be the trial...he wants to create chaos in our wonderful city. And by the way, they don't have a huge parade nor do they have a beach with 100,000 more visiting people. Do you or the council people hang out at the beach after the parade and on the beach on the 4th? What are they thinking? Someone mentioned about their mother'sroof is now cement or tile and that modern roofs these days are tile...maybe yours is but what about the rest of the city. And what about these palm trees that are like torches... Why don't you take a trip to China during their New Years and watch the fireworks there...all along the streets, beaches and buildings. It's a real trip j Please reconsider your stance on this item. It is as if you are playing with fire! Expected Close Date: 12/23/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 2 HB -351- Item 17. - 45 Esparza, Patty From: LTC (Ret) Gil Coerper CA SMR [glcoerp1@gte.net] Sent: Monday, December 19, 2011 5:48 PM To: CITY COUNCIL Subject: I Support Lifting the Fireworks Ban Councilmembers: support lifting the ban on state approved fireworks in Huntington Beach. Please support Mayor Hansen's proposed ordinance. As you know as a former mayor and council person for the city of Huntington Beach I've always been against fireworks being set off in our city. I've had the opportunity to review this concept and feel that the city of Huntington Beach should now support Mayor Don Hansen proposal ordinance for two years, if at that time the city Council feels that it is inappropriate to have the ordinance in place it should be revoked. The reason I'm supporting the ordinance is because were used a lot of manpower to enforce the existing ordinance which is my opinion is frugal based on the amount of money that it costs to have the fire personnel and police personnel monitor the fireworks that are being exploded in our city I feel it would be a benefit to the city of Huntington Beach based on the fact of the economy is extremely low and for our citizens to go outside of the City of Huntington Beach would go to other cities to purchase this fireworks and can set it off here in the city of Huntington Beach and we have to pay the price of monitoring fireworks. We are trying to raise money for the Fourth of July parade what an excellent opportunity this would be. I will repeat it again but support Mayor Don Hansen and his endeavors on this proposed ordinance. God Bless Our City Council Gil Coerper Former Mayor & Council Person i Item 17. - 46 xB -352- 16 591 Dale Vista Huntington Beach, CA 92647 2 xB -353- Item 17. - 47 Esparza, Patty From: Caron [furrba119@earthlink.net] Sent: Thursday, January 05, 2012 10:45 AM To: Boardman, Connie; Shaw, Joe; Stephenson, Johanna Cc: Hansen, Don; Dwyer, Devin Subject: Fw: fireworks in HB? We meant to include everyone in the email below. Connie and Joe S---Thanks for voting to make fireworks illegal in HB. Everyone we know is against fire and danger. We will remember this when it comes time to vote again. -----Original Message----- From: Cathy Lyn To: Caron Rossi ; kbohr(Qsurfcity-hb.org Cc: matthew.harpera�.surfcity-hb.org ; icarchio _surfcity-hb.org ; cfikesCa)surtcity-hb.org ; coastal,bird(a-verizon.net Sent:Wednesday, January 04, 2012 10:42 PM Subject: RE: fireworks in HB? I cannot wait for the next election. Spineless is the word that comes to mind. God forbid that elected officials should act to protect property, lives or pets in the city that elected them to serve. Absolutely appalling and childish that Bohr would give that excuse. I guess doing the right thing is hard...ya think?That's the job! Stand up and take a position...I do it every day for one cause or another. You are elected to represent the interests of others. If that is how he and the others select their position on an issue, we need new city council members. Pathetic, no excuse. I voted for a few of these...won't make that mistake again. Thanks for sending it to me. I plan to share it with everyone I know in my email data bases- about 650+ and also to many Realtors &other business owners that I know who work in those areas. CL Boom! They make BBQ's illegal in condos in the cement jungle we live in, but turn a blind eye to fireworks known to cause fires and injuries. Only cities should create fireworks displays in controlled conditions ( though injury can still occur) and they could raise a ton of revenue by citing violators. I would call it in and think many would. Over ten million animals are abused, neglected or abandoned yearly.You can help each day with a free click! Visit The Animal Rescue Site at http://www.theanimalrescuesite.com daily and click the purple "Feed an Animal in Need" button. That simple action gives food to an abandoned or abused animal. NA Think Green. Please only print this email when necessary. 1 Item 17. - 48 HB -354- From: furrba119@earthlink.net To: KBohr@surfcity-hb.org ':C: matthew.harper@surfcity-hb.org;jcarchio@surfcity-hb.org; CFikes@surfcity-hb.org; cathylyn@earthlink.net; coastal.bird@verizon.net Subject: Re: fireworks in HB? Date: Wed, 4 Jan 2012 15:31.19 -0800 'If you can't beat them,join them" is an embarrassing stragedy. -----Original Message----- From: Bohr. Keith To: Caron Cc: matthew.harper(a)surfcity-hb..orq CFikes(a),surfcity-hb.orp Sent:Wednesday, January 04, 2012 2:34 PM Subject: Re: fireworks in HB? Caron, I supported a two year trial of safe and same fireworks, because it seems anybody and nearly everybody buys them from neighboring cities and uses them here in HB anyway, can't beat them,join them?I? If the trial goes badly I am confident the council will change it back. Thank you, Keith Bohr 714-315-2143 cell On Jan 4, 2012, at 9:15 AM, "Caron" <furrball90bearthlink.net> wrote: I understand you three voted to make fireworks legal in HB. My neighbor has had her roof lit on fire twice due to neighbor kids lighting off fireworks on the 4th of July and i live in a fairly upscale neighborhood. I have had friends hurt by fireworks, it scares everyone's pets, and why would you go against the advice of the Fire Chief on this? I am perplexed as to why anyone would vote to make fireworks illegal in this day and age. I will be spreading the word about this matter and how you three voted. Caron A..A 2 HB -355- Item 17. - 49 Esparza, Patty From: Stephenson, Johanna Sent: Thursday, December 22, 2011 11:03 AM To: Esparza, Patty Subject: FW: Stupid decision Are we still collecting these comments for the record? Johanna Stephenson I Executive Assistant I City of Huntington Beach 0:714.536.5575 Johanna.stephenson@surfcity-hb.or� From: Ken Skolyan [mailto:kskolyan@socal.rr.com] Sent: Thursday, December 22, 2011 11:02 AM To: CITY COUNCIL Subject: Stupid decision Having lived in downtown HB since 1984, 1 can assure you that the decision to legalize"safe and sane"fireworks is insane. I can remember the burning couches and rampant lawlessness of the mid-80s. I strongly urge you to listen to your fire and police chiefs and continue the ban on fireworks. Please understand that your decision to legalize fireworks will ultimately lead to lawsuits by injured citizens suing the city for promoting unsafe practices. Ken and Mary Rose Skolyan 121 Alabama St. HB Item 17. - 50 HB -356- Esparza, Patty From: Surf City Pipeline jnoreply@user.govoutreach.comj 'ent: Monday, January 09,2012 8:46 PM o: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item(notification) Request# 10191 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council-Agenda&Public Hearing Comments Citizen name: Sandra Justen Description: Dear Honorable City Council Members, I feel very strongly against legalizing fireworks in Huntington Beach. I do not feel that the temporary "enjoyment" from uncontrolled playing with fireworks is worth the harmful consequences that it can bring. Being a healthcare professional, I have seen firsthand the injuries that fireworks have caused resulting in burns, vision loss, loss of function or the limb itself. Not just short term(pain,hospitalization, etc)but long term consequences(loss of limb and/or ability to provide for yourself and your family, adult or children having permanent disfigurement, aside from the thousands of dollars in medical bills) of these injuries. I do not feel that the immediate gratification received by a few people playing with fireworks is worth the.risk of injury to my family and friends and damage to my house and property,increased burden on police and firefighters/paramedics (which eventually can translate to higher tax burden on me). Unfortunately,there will be a lot of irresponsible people lighting fireworks and even if they were responsible, accidents occur so why increase the risks? Sincerely, Sandra Justen Expected Close Date: 01/10/2012 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. i HB -357- Item 17. - 51 Esparza, Patty From: Surf ity_P_ipeline-(.noreply@user.govoutreach.comj Sent: Tuesday.,_January 17, 2012 4:39 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 10260 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Agenda& Public Hearing Comments Citizen name: Description: Dear Council Members, I've been a homeowner in downtown Huntington Beach for over 25 years. I was quite alarmed when I read in the newspaper about HB council voting 5 to 2 in favor of allowing fireworks in the city. Do you recall the riots we use to have on the Fourth of July? Our families and neighbors certainly do. I can still visualize my husband on our front lawn armed with only a garden hose chasing away the multitude of hoodlums who broke our fence down, ran through our yard, set a couch on fire on the corner of our street, yelling and fighting. In the meantime my young daughter who watched all of this was crying& upset about her father's safety; traumatized from witnessing how crazy and out of hand people can get. Residential streets of downtown HB is like a"powder keg" and when you have alcohol added with fireworks in the mix, this is what we will get. Fire hazards not only to our homes but also to our cars. Don't forget that everyone will be parked on the downtown residential streets to watch the firework show, go to the local restaurants/bars, or parties. If fireworks are allowed on the streets this will cause major traffic issues; safety issues with children running in the streets; damage to the parked cars on the street (in fact, the paint on my daughter's car was damaged due to a knucklehead who lit fireworks next to it 2 years ago); and property damage. HB Police and Fire departments have worked so hard and so long to get HB to be a more safe, family-oriented neighborhood. Allowing fireworks again will set us back to the days of chaos. You may believe that firework sales will benefit some non-profit organizations but the cost& liability to the city of Huntington Beach will far outweigh the benefits gained. Please remember why HB banned fireworks back in 1987 in the first place and not go forward with passing this ordinance. Expected Close Date: 01/18/2012 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. i Esparza, Patty From: Stephenson, Johanna Sent: Wednesday, January 18, 2012 8:32 AM To: Esparza, Patty Subject: FW: support ordinance 3932 Johanna Stephenson I Executive Assistant I City of Huntington Beach I O:714,536.5575 I iohanna.stephenson@surfcity-hb.org .From: Gomes, Leonard D (Services) [ma i Ito:Leonard.Gomes@xerox.com] Sent: Tuesday, January 17, 2012 9:53 PM To: CITY COUNCIL Subject: support ordinance 3932 1 Esparza, Patty From: elaine gomes [p3greenlp@yahoo.com] Sent: Tuesday, January 17, 2012 9:28 PM To: CITY COUNCIL Subject: firework vote support ordinance 3932 1 111 sparza, Patty From: Bobby Cox[kb24fan714@yahoo.com] Sent: Tuesday, January 17, 2012 9:30 PM To: CITY COUNCIL Subject: firework vote support ordinance 3932 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Wednesday, January 18, 2012 10:28 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 10269 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Agenda& Public Hearing Comments Citizen name: Julie Snedeker Description: I am writing regarding the vote to lift the ban on fireworks in Huntington Beach. Upon reading the article in the Orange County Register, the council members that are in favor of lifting the ban seem to think that the residents of Huntington Beach will act responsibly and that each resident is responsible for their own safety. I strongly disagree with this decision. For the past few years, we have had to clean up used fireworks, bottle rockets and large (illegal) fireworks from our rooftop, out of our pine trees and even on the hoods and roofs of our vehicles. Although some residents might be responsible citizens, obviously many are not, and by lifting the ban on "legal" fireworks, it makes is even easier for the irresponsible people to increase their "illegal" fireworks displays. Since summertime in Surf City is already busy, we should not burden our po lice and fire department with the extra duties of handling these matters. The impact on the animals is of another concern. We do not live far from the wetlands. I see what these fireworks do to mine and my neighbors'pets and can only imagine what fireworks do to the wildlife. I have always felt that Huntington Beach was a city with great concern for the environment which obviously has not been taken into consideration. Last, the number of injuries (especially to children) will increase immensely - even with "safe and legal" fireworks, burns and eye injuries occur. There needs to be a check of the emergency room statistics around the Fourth of July holiday. Is Huntington Beach becoming a city that's only concern is about money???? For those that wish to enjoy fireworks, Huntington Beach and many surrounding cities offer wonderful shows for family enjoyment. There is no valid reason(other than revenue)to lift the ban on fireworks. I am deeply disappointed in this decision, which is one that I am sure the city council will come to regret in time. Thank you for your time Expected Close Date: 01/19/2012 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. i Esparza, Patty From: Stephenson, Johanna Sent: Wednesday, January 18, 2012 10:45 AM To: Esparza, Patty Subject: FW: Fireworks Johanna Stephenson] Executive Assistant I City of Huntington Beachl O: 714.536.55751 Johanna.stephenson(D-surfcity-hb.org -----Original Message----- From: Mike Stilton [mailto:mdstilton@gmail.com] Sent: Wednesday, January 18, 2012 10:43 AM To: Shaw, Joe Cc: Stephenson, Johanna Subject: Fireworks Kris and I would like to thank you for taking the SANE stand against allowing fireworks in the city. There is absolutely nothing safe or sane about fireworks. The cost will far outweigh any financial benefits they may bring. Thanks, Mike Stilton Sent from my Phone i Esparza, Patty From: Stephenson, Johanna Sent: Thursday, January 19, 2012 8:12 AM To: Esparza, Patty Subject: FW: Fireworks continued city wide petition? Johanna Stephenson I Executive Assistant I City of Huntington Beach 10:714.536.5575 Johanna.sephenson@surfcity-hb.or� From: Caron [mailto:furrba119@earthlink.net] Sent: Thursday, January 19, 2012 8:10 AM To: Shaw, Joe; Boardman, Connie Cc: Stephenson, Johanna; Fikes, Cathy Subject: Fireworks continued city wide petition? Thanks for being the [two] voices of reason last night on this matter. It is amazing to my friends, family, and co-workers that your other five colleagues continue to be completely in denial of the facts. Everyone I know talks about lighting off fireworks in front of Keith and Mathews home so I would not be surprised if something like that happens. Could a city wide petition help overturn this? I suspect we would get massive amounts of signatures. If any citizens of HB begin to organize an official group, or web site, could you let us know? Caron A..A SUPPLEMENTAL .A. at COMMUNICATION CITY OF HUNTINGTON BEACH HUNTI�GT6N BEACH INTER-DEPARTMENT COMMUNICATION Madng Date: /_�7- a_ Agee la tern No. TO: Honorable Mayor and City Council Members Fred Wilson, City Manager FROM: Kenneth W. Small, Chief of Police SUBJECT: Proposed Ordinance to Allow "Safe and Sane" Fireworks DATE: January 12, 2012 On January 17, 2012, the city council will consider the adoption of an ordinance authorizing the sale and discharge of"safe and sane" fireworks in the City of Huntington Beach. It is important for the council to know that city staff, primarily the city attorney and fire chief, put forth a great deal of time and effort to get the ordinance prepared and ready for your consideration on that night. The police department opposes the adoption of the proposed ordinance for all of the reasons mentioned during the last city council meeting. The purpose of this memorandum, however, is to advise you that the police department strongly opposes the portion of the proposed ordinance that allows discharge of"safe and sane" fireworks on residential streets. From a public safety perspective, and from the department responsible for investigating the many vehicle versus pedestrian accidents we have in Huntington Beach every year, allowing discharge on streets in residential areas is both unwise and unsafe. Allowing discharge on residential streets encourages individuals, families and children to be on the roadways in residential areas during the hours of darkness which is extremely unsafe. Additionally, these people's attention will be focused on their family and neighborhood fireworks shows and not on vehicles driving through the area increasing the likelihood that there will be a traffic accident. While it would be nice to assume that every driver will be cautious and cognizant of what is occurring on the 4t" of July, the police department knows from past experience and investigations that this is not the case. Many of the drivers will be speeding, distracted or intoxicated putting pedestrians in the roadway at risk. Also, every pedestrian in the roadway who interferes with or impedes the movement of a vehicle is in violation of the California Vehicle Code. I do not believe that it is wise to include a provision in the ordinance that encourages violations of the Vehicle Code and puts pedestrians at risk. Discharging fireworks on streets in residential areas creates a fire hazard in addition to a traffic hazard because there will undoubtedly be hundreds and thousands of occasions when vehicles, filled with gasoline, drive in and around lighted objects on the roadway. No reasonable person would knowingly create a situation where gas filled vehicles drive over lighted objects in the presence of people standing nearby. However, the ordinance, as written, encourages this exact activity. Lastly, allowing the discharge of safe and sane fireworks creates a potential environmental concern. Even if we were to assume that everyone who discharges fireworks in the roadway was diligent about cleaning up, which I know will not be the case; there will be a large amount of material and debris from fireworks discharge that is left in the roadway. Much of this material will eventually find its way into the storm drains and ultimately into the ocean. It is not reasonable that a city that works so hard throughout the year to keep our streets, roadways and ocean clean would knowingly allow an activity one day a year that would result in pollutants flowing into the ocean. Esparza, Patty From: Stephenson, Johanna Sent: Tuesday, January 17, 2012 7:59 AM To: Esparza, Patty Subject: FW: Lift Ban on Fireworks Johanna Stephenson I Executive Assistant I City of Huntington Beach I O:714.536.5575 Johanna.sephenson@surfcity-hb.or� From: Shelby McCabe [mailto:shelby_mccabe_3@hotmail.com] Sent: Saturday, January 14, 2012 3:39 PM To: CITY COUNCIL Subject: Lift Ban on Fireworks Councilmembers: I support lifting the ban on state approved fireworks in Huntington Beach. Please support Mayor Hansen's ,_,roposed ordinance. Shelby McCabe SUPPLEMENTAL COMMUNICATION ApMa ftm 1 Esparza, Patty From: Stephenson, Johanna Sent: Tuesday, January 17, 2012 8:00 AM To: Esparza, Patty Subject: FW: Please legalize the sale of Safe& Sane Fireworks... Johanna Stephenson] Executive Assistant I City of Huntington Beachl O: 714.536.55751 iohanna.stephensonCa)-surfcity-hb.org -----Original Message----- From: Ted La Mantia [mailto:tlamantia@socal.rr.com] Sent: Friday, January 13, 2012 5:39 PM To: CITY COUNCIL Subject: Please legalize the sale of Safe & Sane Fireworks... ...For the sake of non-profit organizations and school programs, and for American patriots who wish to celebrate safely (but not along the beach -because cleanup and safety would be an issue). Thank you. T. La Mantia, Huntington Beach homeowner and taxpayer. SUPPLEMENTAL COMMUNICATION M"ft Date: Agenda NM ft i Esparza, Patty From: Stephenson, Johanna Sent: Friday, January 13, 2012 10:29 AM To: Esparza, Patty Subject: FW: Fireworks in HB Johanna Stephenson I Executive Assistant I City of Huntington Beach I O: 714.536.5575 Johanna.stephenson@surfcity-hb.org From: Smslarsen [mailto:smslarsen@aol.com] Sent: Friday, January 13, 2012 10:04 AM To: CITY COUNCIL Subject: Fireworks in HB I am unable to attend the city council meeting this Tuesday but would like to show my support for the ordinance to allow fireworks again. I think this is a great idea to promote a sense of community and family that I feel has been missing in H.B. I grew up in H.B., and am a resident now and I have been extremely sad that my son did not have the joyful 4th of July experiences I so fondly remember. Sincerely, Susan Larsen Lifetime H.B. Resident. i SUPPLEMENTAL COMMUNICATION Meeft Date; Agenda Rom / Esparza, Patty From: Stephenson, Johanna Sent: Friday, January 13, 2012 12:04 PM To: Esparza, Patty Subject: FW: Fireworks .!ohanna Stephenson I Executive Assistant I City of Huntington Beach 0: 714.536.5575 iohanna.stephenson@surfcity-hb.or� From: Wick, Ed [mailto:EWick@NBFD.net] Sent: Friday,January 13, 2012 12:03 PM To: CITY COUNCIL Subject: Fireworks Hello, I am a 25-year-resident of Huntington Beach and a 28-year-fireman with a neighboring city. I fully support allowing Fireworks in HB. I feel it is great way to connect with an America tradition and to come together with your neighbors for a little firework show. I believe it helps build a sense of community. Thank you, Ed Wick SUPPLEMENTAL COMMUNICATION Nloe*v Date: / —/ 7 Agenda Item No.� / �" Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Tuesday, January 17, 2012 11:16 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 10254 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Agenda& Public Hearing Comments Citizen name: John and Georgia Woods Description: We would like to express our opposition to the sale of fireworks in the City of Huntington Beach. As 45 year residents of Sunset Beach, we have dealt with the problems associated with fireworks inthe past.The sale of fireworks only increases the fire danger in this tightly built community of Sunset Beach. In past years, the OCFA has placed additional fire equipment on the 4th to deal with the fire and safety issues generated by the fireworks. If adopted, we respectfully request the entire community of Sunset Beach be banned from fireworks and that firework stands be restricted to at least a minimum of 1 mile from the beach. Expected Close Date: 01/18/2012 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. SUPPLEMENTAL COMMUNICATION kfte g Date: — Agenda Item No. 1 Print Request Page 1 of 1 Request: 10217 Entered on: 01/12/2012 10:27 AM Customer Information Name:Robert Radlein Phone:(714)374-6867 Address:6146Fernwood Drive Alt. Phone: Huntington Beach, CA 92648 Email:radleira@verizon.net Request Classification Topic:City Commentcil-Agenda&Public Hearing Request type:Comment Status:Closed Priority:Normal Assigned to:Johanna Stephenson Entered Via:Web Description NO TO FIREWORKS SALE AND USE Mayor Hansen's Request for Sale of and use of Safe and Sane Fireworks should be voted no by all council members The idea to resume the sale of and use of fireworks in Huntington Beach just so we can increase revenues for use by the City is a bad idea since there are no"Safe and Sane fireworks"except for those handled by professionals. Use of fireworks by the general public is dangerous and can cause the following: 1. Injuries to people especially children(lost fingers, damaged eyes, burns), 2. Potential for fires from fireworks landing on roofs. 3. Increased noise in neighborhoods from explosions 4. Distressed animals(namely dogs and cats not to mention wildlife) 5. Increased demand on Police Fire Department fire protection and emergency response teams. 6. Increased demand on local emergency rooms due to firework injuries. 7. Use of fireworks by the alcohol impaired party goers at the beach and local neighborhoods will just add more aggravation and trash. Presently people go to other nearby cities and purchase fireworks and use them in Huntington Beach. Let's enforce the current laws and fine people on using illegal fireworks which will increase our cities income. Huntington Beach Resident Robert Radlein Reason Closed Thank you for taking the time to send your thoughts to the City Council.A copy of your comments will also be forwarded to the City Clerk to be included in the record on this item.Again, thank you for taking the time to make your views known. Date Expect Closed: 01/19/2012 Date Closed: 01/17/2012 08:28 AM By:Johanna Stephenson Enter Field (Votes Below Notes: SUPPLEMENTAL COMMUNICATION Meeting Date: / - / 7 / Agenda I19m No. Notes Taken By: Date: http://user.govoutreach.com/surfcity/printrequest.php?curid=808732&type=0 1/17/2012 ORANGE COUNTY FIREWORKS TEN-YEAR STATISTICS 200 180 160 140 120 100 80 y:: - 60 40 �� 20 0 1982 LLL—0- 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 C�Fires caused by Fireworks • Cities barntng Fireworks Source:OCFIRS reporting system as of 8/20/92 Fireworks related Fires in Huntington Beach 16 ------.....---------------- -.- --------------—- 14 14 .._-'- _._._...-..._. ...._...._-..__ -....-..._._._ ........... ............ 12 11 Li 10 F E ar q .g _ ._._._._...._ _._ _ _......._._.._.._' _-...._.._.. _.._......................... 1985 1986 1987 1988 1989 Year 1 07-08 Orange County Grand Jury • The use of illegal fireworks is significantly greater in cities that allow the sale of legal fireworks. • Most cities have ordinances that prohibit the detonation of fireworks on public streets, sidewalks, city parks, and public thoroughfares. Despite these ordinances public areas are where most fireworks are detonated. • Safety officials cannot enforce all laws and municipal ordinances regarding the illegal fireworks due to the large volume of activity on the Fourth of July The HBPD opposes the ordinance The HBPD strongly opposes the portion of the ordinance that allows discharge of safe and sane fireworks on residential streets Allowing discharge on residential streets encourages individuals, families, and children to be on roadways in residential areas during hours of darkness which is extremely unsafe....Many of the drivers will be speeding, distracted, or intoxicated putting pedestrians in the roadway at risk. Source:Memo from Chief Ken Small 1/12/12 2 • No reasonable person would knowingly create a situation where gas filled vehicles drive over lighted objects in the presence of people standing nearby. However, this ordinance as written, encourages this exact activity. Memo from Chief Ken Small 1/12/12 Repealing our current ordinance Is it worth it? Grand jury reports safety officials in O.C. cities where fireworks are legal describe their cities as "war zones" Or as "a two to three hour window of controlled anarchy." Public areas will be used to detonate fireworks, resulting in large amounts of debris ending up in our parks, beaches, streets, storm drains, and ultimately the ocean. Response times by emergency services will be slowed due to fireworks set off on residential streets. Rather than decreasing the problem of illegal fireworks, lifting the ban will only make them easier to set them off amongst the legal ones. Majority of those injured by fireworks are children. 3 Edit/Add Request Information Page 1 of 1 Add/Edit Request '{, :; Carxer"=' Assigned to:Johanna Stephenson Request:10304 Entered on:01/23/2012 5:23 PM By:Johanna Stephenson lti�,Shoi Customerinformation rCreate another request for,customer. (lothernzauest foroustomen Last name:Stares First name-Edward J Phone 714-000-0000 Alt phone: Email.00000000@nomail.com Address 17332 La Mesa Lane City HB State'CA Zip code:92647 Request Classification Topic:City Council-Agenda&Public Hearing Comments Request type Comment rff Entered via: Other Topic Item.Against Fireworks `Description: t Attachments to this Request Attachments Close attachments Hide Delete? Attachment Description(defaults to file name) from File citizen? --------------_---_-------------- -L---- ------------------- - 1 Letter from Mr.Stares "] View Attachment [i :7j Filename: I.Bro—; e This field is used to Please see attached letter from Mr Stares. describe the problem or question. Customer will see this field. Reason Closed(Contents sent to customer): 0 Attachments to send This must be filled in Postcard sent thanking citizen for their comments. to dose service request;contents of field are e-mailed for customer notification. Expected Close Date.0 1/24/2012 Date Closed 01/23/2012 5.24 PM By Johanna Stephenson 7 (OPTIONAL)You may add an internal note to this request or send an email Add your notes/message here. Insert message (Select message from list) `t "f,# FAtidl1 C.�tt�(tterry Clanfieation/nohficabon needed,message sent to customer ... .. ...... ......... i(d'}iiternpf f@.`j Content added as nternal notation,hot.een by customer .,,,. Efrr�itftnpWyeg(S)'r Send to other employee(s)for assistance/questions http://user.govoutreach.com/surfcity/editcase.php?cmd=edit&id=815676 1/23/2012 JAN 2 6 Edward J. Staros 17332 La Mesa Lane Hunbrn--- Huntington Beach,CA 92647 CITY COLJ.r January 20,2012 To: Don Hansen,Devin Dwyer,Connie Boardman,Keith Bohr, Joe Carchio,Matthew Harper and Joe Shaw C/O City Council 2000 Main Street Huntington Beach,CA 9264$ Subject: Fireworks and Huntington Beach Dear Honorable City Council Members, Words cannot describe how upset I am with the five of you that voted for the return of fireworks in Huntington Beach. How can you do that! Doesn't the advice of the Fire Chief and the Police Chief mean anything to you? These folks are the experts that have to respond to the"accidental fires"thanks to irresponsible people using irresponsible fireworks. Why am I so upset? I will tell you why! Around 1976 or 1977,a fireworks rocket missed my SHAKE roof by about two feet and landed in my backyard fully blazing. It took me more than five minutes,using a hose,to put the fire out. If the rocket had landed on my SHAKE ROOF my house would have been history. Starting the following year,about an hour before sunset,I would get on top of my roof(Two Story House),soak the roof really good and then I would spend the rest of the evening on top of the roof with water hose ready. I was so happy when in 1987 they made fireworks illegal in our beautiful city. And now,here we go again,the majority of the city council acting totally irresponsibly,will again allow fireworks in our city disregarding comments by the Fire Chief and the Police Chief. And please don't use the excuse that you are only allowing"safe and sane"fireworks. First,there is no such a thing, and second,and most important,we have enough irresponsible people in our city that WILL use the illegal variety,if given permission to use fireworks. A ban on fireworks makes it easy for Police to track down users and stop them before we need the Fire Chief. If permission is given to use fireworks,you can be damn sure that a very small minority will also use the illegal variety,making it almost impossible for Police to track them down. Please,PLEASE, P-L-E-A-S-E,listen to the experts,the Police Chief and the Fire Chief and DO NOT ALLOW FIREWORKS IN OUR BEAUTIFUL CITY. Respectfully, Copies sent to: the Register and the Huntington Beach Independent Edit/Add Request Information Page I of I Add/Edit Request Assigned to:Johanna Stephenson Request:10303 Entered on:0112312012 5:22 PM By:Johanna Stephenson ,P)Shoi Customer Information f Create another request for customer] Last name.Simpson First name:Louise Phone Alt phone: Email. Address 17111 St.Andrews Lane City HB State.CA Zip code:92649 Request Classification Topic City Council-Agenda&Public Hearing Comments Request type: Comment Entered via Other Topic Item.Against Fireworks Description: I Attachments to this Request Attachments Close attachments Hide Delete? Attachment Description(defaults to file name) from File citizens __ Letter from Mrs Simpson 0 Vie.Attachment —--------- File name. This field is used to Please see attached letter from Mrs.Simpson. describe the problem or question. Customer will see this field. Reason Closed(Contents sent to customer): 0 Attachments to send This must be filled in Postcard sent thanking citizen for their comments. to close seance request;contents of field are e-mailed for customer notification. Expected Close Date:0112412012 Date Closed:0112312012 5.24 PM By Johanna Stephenson (OPTIONAL)You may add an internal note to this request or send an email Add your notes/message here: Insert message: (Select message from list) Cliinfi cat or/rotifi cat on needed,message sent to customer Content added as internai notaton.not seen by customer ............. ................ Send to other employee(s)for assistancenqueshons http://user.govoutreach.com/surfcity/editcase.php?cmd=edit&id=815674 1/23/2012 20212 Huntington Be4c�j OTY COUNCIL ' 3 -Al1AA,t-Alu F .� g-ar Esparza, Patty From: Stephenson, Johanna Sent: Monday, January 23, 2012 9:44 AM To: Esparza, Patty Subject: FW: fireworks okayed for hb!!! Johanna Stephenson I Executive Assistant I City of Huntington Beach 0: 714.536.5575 iohanna.sephenson@surfcity-hb.org From: Jerry Montgomery, CPA [mailto:terps68@gmail.com] Sent: Thursday, January 19, 2012 5:04 PM To: CITY COUNCIL Cc: steve.lopez@latimes.com Subject: fireworks okayed for hb!!! any mayor whose "first item on the list" is fireworks needs to be recalled. aren't there more serious and pressing issues confronting our city? fireworks are loud, obnoxious and potentially dangerous and should be the wont of cities like santa ana, garden grove and westminster---not hb. oh, there will be restrictions as to there use? that makes me feel much better. i guess that will keep the philistines from setting them off in no-no places. we don't have enough cops to enforce the restrictions. connie, l back you 1000%. mayor hansen and the other four of you who voted for this, you have just made the experience of living and owning in hb worse. you have also lost my vote. i would suggest that to celebrate our independence, we give thanks for what we have, take a homeless vet to supper or provide him/her with a clean and safe place to spend the night(e.g. motel 6). connie, i would appreciate hearing from you. mayor hansen, you're probably too busy with the second item on your list---legalizing fireworks for new years eve! remarkable. army officer 1968-72 p.s. incidentally council members, "safe-and-sane fireworks" is an oxymoron. i Esparza, Patty From: Stephenson, Johanna Sent: Tuesday, January 24, 2012 3:48 PM To: Esparza, Patty Subject: FW: Firworks Johanna Stephenson I Executive Assistant I City of Huntington Beach I O: 714.536.5575 Johanna.sephenson@surfcitV-hb.or� From: Joan Morrow [mailto:joansmorrow@yahoo.com] Sent: Tuesday, January 24, 2012 3:40 PM To: CITY COUNCIL Subject: Firworks As a citizen of Costa Mesa may I extend my feelings toward your program. As you know, we have had fireworks here for many years. Let me say, it is a mess! We leave for days at that time due to the smoke and bad air it entails. We have tried to move to FV for the one night, but find coming back that the air is unbreathable for those with allergic conditions. Our city fathers feel it is the best way to raise money for the youth. This is actually setting a bad example for them. My mother as a youngster was in a body cast due to a fireworks accident. No fun! Please listen to your fire and police departments. They speak for what is best for your community. Joan Morrow 3023 Royce Ln. Costa Mesa, CA 92626 714-545-1878 1 Esparza, Patty From: Stephenson, Johanna Sent: Thursday, January 26, 2012 7:51 AM To: Esparza, Patty Subject: FW: Thank you for your fireworks vote Johanna Stephenson I Executive Assistant I City of Huntington Beach 10: 714.536.5575 I Johanna.sephenson@surfcity-hb.or� From: Jack Armstrong [mailto:jarmstrongi@gmail.com] Sent: Wednesday, January 25, 2012 6:26 PM To: Shaw, Joe Cc: Stephenson, Johanna Subject: Thank you for your fireworks vote Thank you for voting against the stupid idea of fireworks in Huntington Beach. I am disgusted with the other 5 members of the City Council and will remember this vote at election time. I can only hope a recall will begin soon to take them out of office. Please continue to support this great city by keeping it safe. It looks like an uphill battle against their idiocy. Patricia Armstrong ORDINANCE NO. 3932 r' AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH X" ADDING CHAPTER 5.90 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO FIREWORKS f The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 5.90 of the Huntington Beach Municipal Code is hereby added to read as follows: Chapter 5.90 FIREWORKS Sections: 5.90.010Definitions 5.90.020 General Prohibition Against Possession, Sale or Use of Fireworks 5.90.030 Exception-Safe and Sane Fireworks 5.90.040 Exception-Public Displays 5.90.050 Exception-Theatrical Performances 5.90.060 Safe and Sane Firework Sales-Permit Required 5.90.070 Safe and Sane Fireworks- Grant of Approval of Permit by City Clerk 5.90.080 Safe and Sane Fireworks-Determination of"Qualified Applicant" 5.90.090 Safe and Sane Fireworks-Application by"Qualified Applicant" 5.90.100 Safe and Sane Fireworks-Prerequisite for Issuance of Permit -5.90.110 Safe and San�Fireworks-Regulatory Fee for Permit \,a-5.90.120 Safe and Sane Fireworks-Operation of Fireworks Stand 5.90.130 Safe and Sane Fireworks-Temporary Fireworks Stand 5.90.140 Safe and/Sane Fireworks-Revocation of Permit 5.90.150 Safe and Sane Fireworks-Limitation on Places and Hours of Discharge 5.90.160 Safe'and Sane Fireworks- Supervision of Minors i 5.90.170 Safe and Sane Fireworks- Seizure of Fireworks 5.90.180�Fireworks Wholesaler Public Education Plan 5.90.190 Concurrent Authorities 5.0 200 Expiration of Ordinance Section 590.010 Definitions. The following words and phrases, as used in this Chapter, are defined as follows: a. "Dangerous Fireworks" shall mean"Dangerous Fireworks" in Health and Safety Code Sections 12505 and 12561 and the relevant sections of Title 19, Code of Regulations, Subchapter 6 which are hereby incorporated by reference. 12-3164/74590 1 Ordinance No. 3932 b. "Fireworks Stand"means any building, counter, or other structure of a temporary nature used in the sale, offering for sale, or display for sale of"Safe and Sane Fireworks." C. "Fireworks Wholesaler" means any person, other than an importer, exporter or manufacturer, who purchases fireworks from a manufacturer, importer or exporter--for resale to a retailer or any other person for resale—or—any person who sells fireworks to other wholesalers or retailers for resale. ' ✓ d. "Nonprofit organization" shall mean any nonprofit association, charity>or corporation organized primarily for veteran, patriotic, welfare, civic betterment,rreligious, athletic or charitable purposes pursuant to the Internal Revenue Code or California Revenue and Taxation Code, or a group which is an integral part of a recognized national organization having such tax-exempt status or an organization affiliated with and officially recognized by an elementary,junior high and/or high school and/or school district that serves, in whole or in part, the residents of the City or public and/or private community college, college and/or university which is located within the boundaries of the City. e. "Person" means a natural person or a legal entity that is also an owner, tenant, lessee and/or other person with any right to possession°°or control the property where a violation of this code occurred. r� f f. "Principal and permanent meeting place""means a place that is owned, rented, or leased by the organization, or a meeting room��hall, or facility where the organization has a right to demand exclusive occupancy at specific times and dates for regularly scheduled meetings or activities. r, g. "Public display of fireworks" shall mean an entertainment feature where the public is admitted or permitted to view the display or discharge of fireworks, including but not limited to, those defined above. h. "Preferred Applicant" shall mean the "Fourth of July Executive Board" and/or its successor in interest. The "Preferred Applicant" is exempt from the requirements of a "Qualified Applicant","as defined in this section. i. "Qualified Applicants" shall mean any group or organization which has met all of the following criteria for a continuous period of not less than one full year preceding submittal of an application for a permit to sell required by this Chapter and which continues to„meet the criteria for the duration of any permit to sell issued by the City of Huntington-Beach pursuant to this Chapter. i. The organization shall be a nonprofit organization pursuant to purposes pursuant to the Internal Revenue Code or California Revenue and Taxation Code; or a group which is an integral part of a recognized national organization having such tax-exempt status or an organization affiliated with and officially recognized by an elementary,junior high and/or high school and/or school district that serves, in whole or in part, 12-3164/74590 2 Ordinance No. 3932 the residents of Huntington Beach or public and/or private community college, college and/or university which is located within the boundaries of the City of Huntington Beach. Only one application per school will be allowed. If an organization is affiliated with a recognized educational,-" institution as defined in this Section, but maintains a separate taxrexempt status with the Internal Revenue Service or the California Franchise Tax Board, said nonprofit organization shall be allowed a separate application. ii. The organization shall be organized primarily for veterans, patriotic, welfare, civic betterment, religious, athletic, educational, youth development or charitable purposes; iii. The organization must have its principal and/permanent meeting place within the City; r iv. The organization must be one which provides direct and regular community services and benefits to the residents of the City; f4' V. Has a minimum bona fide membership of at least twenty (20) members who either reside in the City, a e employed in the City, or are owners or operators of a business or oilier establishment located in the City; tf d vi. Has not been found by any court of competent jurisdiction or City administrative hearing:officer to be in violation of any civil or criminal local, state or federaltefaw relating to fireworks within twenty-four calendar months prior to the�organization's submittal of an application for a permit to sell; vii. Has not had aFpermit to sell revoked within twenty-four months prior to the organization's submittal of an application for a permit to sell. j. "Safe and Sane Fireworks" (a.k.a. "state-approved fireworks") shall mean "Safe and Sane Fireworks" as set forth/in Health and Safety Code Sections 12529 and 12562 and the relevant sections of Title 19, Code of Regulations, Subchapter 6 which are hereby incorporated by reference. Section 5.90.020 General Prohibition Against Possession, Sale or Use of Fireworks. Except as otherwise' provided in this Chapter, no person shall possess, sell, use, display, or discharge any "Dangerous Fireworks" including, but not limited to, any rocket, firecracker, roman candle, squib, torpedo, wire core sparkler, wooden core sparkler, black cartridge, aerial shell or other,combustible device or explosive substance or any kind of fireworks, by whatsoever name known,-or any altered"Safe and Sane Fireworks" within the City of Huntington Beach. 12-3164174590 3 Ordinance No. 3932 Section 5.90.030 Exception—Safe and Sane Fireworks. It shall be unlawful to possess, sell, display or discharge within the City, those firework's that are defined and classified as "Safe and Sane Fireworks" (a.k.a. "state-approved fireworks") in the California State Fireworks Law (Sections 12500, et seq., of the Health and Safety Code and the relevant sections of Title 19, Code of Regulations, Subchapter 6) at any time.cXcept as provided in this Chapter. Section 5.90.040 Exception—Public Displays. Notwithstanding any other provisions of this article, the Fire Chief or his/her designee at his discretion may grant permits for public displays of fireworks under his supervision. Section 5.90.050 Exception—Theatrical Performances. Notwithstanding any other provisions of this article,/the Fire Chief or his/her designee at his discretion may grant permits for the use of pyrotechnic devices for the purpose of theatrical performances under his supervision. Zles Section 5.90.060 Safe and Sane Fireworks S —Permits Required. It shall be unlawful for any person to sell/"Safe and Sane Fireworks" within the City without having first applied for and received all required quired permits and licenses therefore, from the City. Section 5.90.070 Safe and Sane Fireworks—Grant of Approval of Permit by City Clerk. a. Effective March 1, 2012, th City Clerk shall issue up to ten permits to the "Preferred Applicant" for the sale of fireworks in the City of Huntington Beach. In the event that the "Preferred Applicant" does not apply for ten permits, the City Clerk shall issue permits to "Qualified Applicants" via lottery, not to exceed a total of ten permits to sell fireworks in the City of Huntington Beach city-wide. b. Effective March 1, 2013, the City Clerk shall issue up to ten permits to the "Preferred Applicant" forl/the sale of fireworks in the City of Huntington Beach. In the event that the "Preferred Applicant" does not apply for ten permits, the City Clerk shall issue permits to(Qualified Applicants via lottery, not to exceed a total of twenty permits to sell fireworks/in the City of Huntington Beach city-wide. Section 5.90.08 Safe and Sane Fireworks—Determination of"Qualified Applicant". The City Clerk shall use the following factors in determining if applicants are qualified to participate in the lottery: a. Only organizations prequalified by the City Clerk pursuant to Section 5.90.010 shall be considered; 12-3164/74590 4 Ordinance No.3932 b. The contributions the organization has made or is proposing to make to the City of Huntington Beach's civic pride or betterment, youth activities and programs care or assistance to the elderly, infirmed or disabled, assistance to or support of the business community, charitable efforts and other community contributions deemed, eneficial by the City Council; ' C. The location and suitability of the premises where the organization proposes to operate. Section 5.90.090 Safe and Sane Fireworks—Application by "Qualified Applicant". a. No nonprofit organization shall submit more than one (1) apfil ication for a permit to sell "Safe and Sane Fireworks" within the City. Except for the "Preferred Applicant", no nonprofit organization shall be permitted more than once�,location. If more than one (1) application is submitted on behalf of any nonprofit organization, including an affiliated organization, all such requests shall be voidable at theydiscretion of the City Clerk. If a question arises as to whether organizations and/or gr ups are affiliated, the City Manager shall have ultimate authority to decide said qua stion. Any attempt to transfer an application shall void any and all applications filed by or on behalf of the transferor/nonprofit organization and the transferee/nonprofit organization. All applications for permits to sell "Safe and Sane/Fireworks" shall be in writing to the City Clerk on forms supplied by the City. Appli/cations may be filed beginning March 1 of each year up to and including March 31 o lithe same year, at which time the filing period for that year will be closed. A deposit in an amount equal to the permit fee established by resolution of the City Council shall be submitted with the application. The deposit shall be refunded in the event that the nonprofit organization is not permitted by the City Clerk. b. The application shall be accompanied by all documentation required by the City Clerk and shall include, but not be limited to,the following: i. Assurance that, if the/PC rmit is issued to the applicant, the applicant shall, at the time of receipt of/uch of permit, deliver to the City a certificate evidencing policies of insurance as required by City resolution. ii. Proof that the' applicant nonprofit organization has met the definition and requirements set forth in this Chapter. iii. Documentation demonstrating tax-exempt status. IV. A wr�ttteen statement describing the benefits the organization provides the co / unity which will be used by the City Council to make the determination on whether to grant a permit. C. The applications shall be signed by an authorized officer or director of the nonprofit organization who shall warrant to the City of Huntington Beach the veracity of all statements contained therein. If any material statement in the application is determined by 12-3t64(74590 5 Ordinance No. 3932 the City Clerk to be false or misleading, the City Clerk may forthwith revoke the permit issued by the City Clerk. d. The City Clerk shall review all applications for sufficiency and completeness within ten days of filing and promptly notify applicant nonprofit organizations of any defects, disqualifying factors or omissions. All applications and required accompanying documentation shall be in final form and shall be filed with the City Clerk`by 5:00 p.m. on March 31 of each year. The City Clerk shall not be required to,Maecept additional documentation after March 31, but may request information clarifying or additionally explaining the applicant's proposal. e. All nonprofit organizations meeting the requirements for a permit under this Section shall be pre-qualified by the City Clerk provided they comply With all other portions of the Municipal Code and provisions of this ordinance. y Section 5.90.100 Safe and Sane Fireworks—Prerequisite for Issuance of Permit. a. If a nonprofit organization is selected to be granted'a permit to sell fireworks pursuant to this Chapter, prior to issuance of said permit, and"in addition to those other requirements set forth in this Chapter or on the permit application; in order for a permit to be issued, a "Qualified" nonprofit organization shall demonstrate compliance with all of the following: i. On a form provided by the City;,' set forth the proposed location of the fireworks stand; the name, address and telephone number of one or more responsible adults who will be in charge of andi responsible for the fireworks stand during the period fireworks are sold, displayed or stored at such location; and written permission from the owner of record and/or lessor and/or management company of the property upon which said fireworks stand is proposed to be located; ii. The applicants status as a nonprofit, charitable, religious or elementary corporation or assoc iation; iii. When the applicant was organized and established; iv. The names and addresses of the officers, if any, of the applicant; V. The location where the applicant will sell fireworks including a plot plan; vi. The name, address, and state fire marshal's license number of any wholesaler or distributor from whom the retailer proposes to purchase for resale; vii. T4pplicant's state board of equalization sales tax permit number; viii. The manner, method and times, when and how the applicant proposes to sell safe and sane fireworks; 12-3164/74590 6 Ordinance No.3932 ix. Such other information as the City may require to process an application; X. A copy of the requisite retail sales permit issued by the Office of the California,- State Fire Marshal; s xi. Evidence of a temporary sales tax permit from the California State/Board of Equalization. // b. Throughout the term of a permit issued pursuant to this Chapter, each peen-nittee shall pay for and maintain in full force and effect policies of insurance in a form and amount and with coverage types required by the City. C. The continued validity of any City permit issued pursuant to this Chapter shall be subject to the requirement that at least one or more representatives of each nonprofit organization shall attend a "Safe and Sane Fireworks" stand operator safety seminar conducted by the City and the permitted fireworks wholesaler that is supplying the "Safe and Sane Fireworks" to the nonprofit organization. The failure of a nonprofit organization to have a responsible individual(s) attend the safety seminar may result in the revocation of its permit to sell "Safe and Sane Fireworks." Section 5.90.110 Safe and Sane Fireworks—Operation of Fireworks Stand. a. No person shall knowingly sell firework to any person under the age of eighteen (18). Proof that the fireworks stand operator/organization demanded, was shown and acted in reliance upon bona fide evidence of age and identity in any sale of fireworks forbidden by this Chapter shall be a defense for any proceedings for suspension or revocation of its "safe and sane fireworks" permit or any criminal proceedings for violations of this Chapter. For purposes of this section, bona fide evidence of age and identity of purchaser is a document issued by a federal, state, county or municipal government which contains a photograph of the purchaser including, but not limited to, a valid California Driver's License or Identification Card issued to a member of the Armed Forces. b. It shall be illegal to sell f reworks except between 12:00 noon and 10:00 p.m. on July 1 st, 2nd, and 3' and between 10:00 am to 8:00 pm on July 4th. c. Except for the "Preferred Applicant', no person other than the individuals who are members of the permittee and/or joint venture nonprofit organization(s) or the wives, husbands, parent's or adult children of such members shall sell or otherwise participate in the sale of"Safe and Sane fireworks" at such stand. r" d. No person,under the age of eighteen (18) shall sell or participate in the sale of"Safe and Sane Fireworks" within such stand. e. No person shall be paid any consideration by the permittee nonprofit organization(s) or any wholesaler/distributor of "Safe and Sane Fireworks" for selling or otherwise participating in the sale of"Safe and Sane Fireworks" at such stand; provided, however, 12-3164/74590 7 Ordinance No. 3932 that compensation may be paid for licensed security personnel during sale or non-sale hours and to the party authorizing the location of the stand on its property. The Fire Chief or his/her designee may revoke the fireworks storage permit and/or local business permit of any fireworks wholesaler/distributor violating the terms of this Section. f. All fireworks shall be retained at the approved location. In no event shall unsold fireworks be removed from the approved location to any other place without written approval of the Fire Chief or his/her designee. Section 5.90.120 Safe and Sane Fireworks—Regulatory Fee for Permit a. The City shall assess a regulatory fee on all fireworks sales that occur within the City of Huntington Beach. The regulatory fee based on the gross sales,of fireworks shall be paid by the permittee. The purpose of the regulatory fee is to raise sufficient funds to pay for enforcing the provisions of this Chapter including extra personnel time for fire inspection and enforcement duties. b. Prior to imposing the fee the City shall prepare a study of the anticipated cost for fireworks education awareness and enforcement. After preparing the study the City Council shall adopt a Resolution setting the regulatory fee rate no later than the last meeting prior to the first day of fireworks sale pursuant to this Chapter. Effective March 2013,the regulatory fee shall not exceed teni(�10)percent of the total gross sales of the fireworks sold in the City by permittees inrthe prior year. C. The Finance Department each year' Shall determine each permittees share of the regulatory fee based on the permittee's fireworks sales financial statements. Each permittee shall provide its fireworks sales financial statements to the City no later than August 31 st of the same year/After the Finance Department receives the financial statements the Finance Department shall invoice each licensee for their share of the total annual regulatory fee. Payment of the regulatory fee by each licensee shall be due to the City thirty (30) days following issuance of the invoice. In addition to the City's standard collection procedures, failure by any licensee to pay the amount invoiced by the City's Finance Department shall be cause to disqualify the licensee from obtaining a license to sell fireworks in the City in the future. Section 5.90.130 Safe and Sane Fireworks—Temporary Fireworks Stand. a. All retail sales a'f"Safe and Sane Fireworks" shall be permitted from within a temporary fireworks staid, and the retail sales from any other building or structure is hereby prohibited. Temporary stands shall be subject to NFPA t 124 Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, Current Edition nod any other requirements as established by the City. b. There Chief or his/her designee is authorized to promulgate reasonable additional rules and/regulations for the operation of fireworks stands, in order to eliminate or reduce to a minimum the risk of fire or injury to persons or damage to property. A copy of any such rules and regulations shall be posted in a prominent place in each fireworks stand. 12-3164/74590 8 Ordinance No. 3932 Failure to comply with said rules and regulations shall be grounds for the immediate revocation of any permit granted under this Chapter. Section 5.90.140 Safe and Sane Fireworks—Revocation of Permit. The Fire Chief or his/her designee, may revoke, immediately and without notice or hearing the permit of any permittee who violates any section of this Chapter. f Any permittee whose permit has been revoked, shall be barred from receiving a permit under this Chapter for up to five (5) years from the date of revocation. Y Section 5.90.150 Safe and Sane Fireworks—Limitation on Places and/Hours of Discharge. a. It shall be unlawful for any person to ignite, discharge, prqj,e t or otherwise fire or use, any "Safe and Sane Fireworks," or permit the ignition, discharge or projection thereof on any beaches, wetlands, public parks and/or within the downtown corridor, specifically: i. Zones 1, 2 and 3 of the Downtown Specific ii. All areas on the ocean side of Pacific CoastHighway. b. Subject to the exception noted above, it shall'be unlawful for any person to ignite, discharge,project or otherwise fire or use,,(any"Safe and Sane Fireworks," or permit the ignition, discharge or projection thereo f,except on July 4th of each year between the hours of 12:00 noon and 10:00 p.m. �" C. It shall be unlawful for any per n to ignite, discharge, project or otherwise fire or use, any "Safe and Sane Fireworks, or permit the ignition, discharge or projection thereof, upon or over or onto the property of another without his/her consent or to ignite, discharge, project or otherwise fire or make use of any "Safe and Sane Fireworks" within ten(10) feet of any residence, dwelling or other structure, or oil wells. d. It is unlawful for any person, firm or corporation to use or discharge any fireworks, including safe and sane fireworks as defined in Part 2 of Division 11 of the California Health and Safety Code, within the following areas of the City: i. Any public property, including, but not limited to,public streets, highways, alleys sidewalks, parks or other publicly owned property, buildings or facilities, except residential streets. ii. Any property within a commercial district of the city as defined by the � p p Y Huntington Beach Zoning and Subdivision Code except for any nonconforming residential use within such district used for residential purposes as of the effective date of the ordinance codified in this section; 12-3164/74590 9 Ordinance No. 3932 iii. Any property within an industrial/manufacturing district of the city as defined by f .. the Huntington Beach Zoning and Subdivision Code except for any nonconforming residential use within such district used for residential purposes a§/ of the effective date of the ordinance codified in this section. Section 5.90.160 Safe and Sane Fireworks—Supervision of Minors. d It shall be unlawful for any person having the care, custody or control of a minor under 18- years-old)to permit such minor to discharge, explode, fire or set off any "Dange pus Fireworks", at any time, or to permit such minor to discharge or set off any "Safe and Sane Fireworks" unless such minor does so under the direct supervision of a person over 18-years- f-age and during the hours and on the day permitted by this Chapter. Section 5.90.170 Seizure of Fireworks. The Fire Chief or his/her designee may seize, take, remove or cause to be removed, at the expense of the permittee or permit fireworks wholesaler, whichever is applicable, all stock of fireworks offered or exposed for sale, stored or held in violation of this Chapter when such violation creates an imminent threat to public health or sa�tion ety. Section 5.90.180 Fireworks Wholesaler Public Educ Plan. Each fireworks distributor/wholesaler who is 'supplying one or more of the nonprofit organization who is a permittee under this Chapter, shall annually submit a Public Education Plan to the Fire Department no later than 5:OO/pm on June 1. Said Public Education Plan should outline the public safety and education efforis for that year that have been initiated, supported and/or delivered by each fireworks distributor/wholesaler within the City. Said public education plan should include, but is not limited/to, samples of all the materials and the extent of distribution of all of the safety and education materials discussed in that wholesaler's/distributor's plan. Section 5.90.190 Concurrent A.thorities. This Chapter is not the exclusive regulation for fireworks within the City of Huntington Beach. It shall supplement and be/in addition to the other regulatory codes, statutes, regulations and ordinances heretofore and hereinafter enacted by the City of Huntington Beach, the State of California or any other legal entity or agency having jurisdiction. If any section, subse.c"ticn, sentence, clause or ease of this Chapter that 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 portions of this Chapter. The City Council hereby declarethat it would have passed this Chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 12-3164/74590 10 Ordinance No. 3932 Section 5.90.200 Expiration of Ordinance. This ordinance will expire July 5, 2013. SECTION 2. This ordinance shall become effective 30 days after its adoption. �'x PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a/ regular meeting thereof held on the day of , 2012. Mayor ATTEST: APPROVED AS TO FORM: City Clerk CiW Attorney U REVIE D APPROVED: INITIATE/AND APPROVED: 7s,G�ruP C' A inistrator Fire Chief w 12-3164n4590 11 Esparza, Patty From: Stephenson, Johanna _ \ Sent: Monday;February 06, 2012 5:18 PM� To: Esparza;Patty `._---- Subject: FW: Thank You Safe and Sane Fireworks Ordinance Johanna Stephenson I Executive Assistant I City of Huntington Beach 10: 714.536.5575 I Johanna.sephenson@surfcity-hb.org From: larry waterhouse [ma ilto:larry.wate rho use@aol.com] Sent: Monday, February 06, 2012 5:08 PM To: Boardman, Connie; Shaw, Joe Cc: Fikes, Cathy; Stephenson, Johanna; McIntosh, Patrick; alicia waterhouse Subject. Thank You Safe and Sane Fireworks Ordinance Hello Council Members Boardman and Shaw, My name is Larry Waterhouse and I am a 41 year resident of Huntington Beach. My wife and I have also been homeowners since 1984 raising two children here. I wanted to thank you both for presenting a detailed and factual history covering the use and sale of fireworks in our City, as well as regional/national level recommendations and practices. Unfortunately, I have had recent knee surgery and am unable to attend tonight's meeting to speak in person but was hoping to give whatever support I can offer to assist you in rescinding or restricting the proposed actions. I am a recently retired thirty year fire service professional most of which was served in this County. Like Chief McIntosh I have worked in many positions and diverse population areas and can also attest to the "war zone" descriptions as well as very unpleasant confrontations with residents and visitors regarding fireworks. One of my last assignments was Interim Fire Chief for the City of Anaheim so I fully appreciate what your department heads are going through with service level reductions during greater demand. I won't waste your time repeating what went into the record from yourself, Chief Smalls, and Chief McIntosh during the December 19, 2011 meeting. I compliment you all because it was one of the best collective summaries I have heard on the subject. I will give perhaps a financial and legal argument against the ordinance, which given the next action Mayor Hansen is proposing with property tax creates even greater concern on future levels of service. The cost of additional staffing and clean up will likely be at least $50K based on my experience in a similar sized city. The Grand Jury data table regarding cost vs. profit for 5 fund raising agencies in the example city confirms they would have a difficult time breaking even after paying only half the estimated proposed fees. Furthermore, I believe it will only be a matter of time that the backing majority will determine this and find a way to waive the fees or modify the ordinance to do so. I empathize with the many worthy nonprofit groups but it is my understanding that it would be a misappropriation of public funds to financially support a private entity using City of Huntington Beach resources, footing the bill through the General Fund.expenditures and interdepartmental charges for enforcement and cleanup. My greatest concern is from from a risk-management point of view. I was shocked when the Mayor candidly admitted in his response that people will be injured but not as many as taking part in other activities. In my experience, stating that any injury or loss is acceptable leaves a strong foothold for litigation resulting from any negative event involving these fireworks. Especially, given that they were banned by a previous Council for these reasons. Further, the ordinance puts the entire enforcement responsibility on the Police and Fire Chief without providing the resources they need to achieve successful compliance. While Councilman Dwyer chose to 1 take no action when he was in the presence of illegal and dangerous fireworks being detonated, public safety personnel are sworn to act. I understand that Council thinks the slip and fall lawsuits on our sidewalks requires some immediate mitigation but just wait for the injuries to the public, police, fire, and marine safety officers to come in. One lawsuit no matter how frivolous or one job related injury will negate any funds raised or fees paid for multiple years. This is an emotional, political, and illogical action that the majority has taken saddling the entire population with the personal and financial responsibility without any public survey or vote. In summary, the Council majority wants to keep our residents and the environment safe from plastic bags but not from fire loss, burns, toxic fumes, or toxic waste and runoff from discarded fireworks? Attempting to enforce the restrictions will result in the creation of an even greater antagonistic relationship for our officers when they have to confront, cite, or arrest a member of the public, all so that the Fourth of July Committee can benefit. I guess next they will bring back beer being served at the US Open? Whatever I can do to help, Larry Waterhouse 21101 Indigo Circle Huntington Beach , CA 92646 714-475-8857 2 Wit;. - Fl e a-,� e emote e sue, ftor! r- e__ i I1 - I I I II i I S' par y i n the� debate over fireworks"p It was with much disappoint- bers were supposed to represent . PP �� _ �..... ment that I read about the City °` their constituents: H+OW'` h. Fttblisted Council lifting the ban on fireworks 77 Michgle Burgess in Mail is tf3e Huntingto a hIri+ e1?endent13o5rSe8 mpfa1bi&last weeks Independent ("Coun- cil ignites fireworks debate, Dec. M ua A;ve;Costa Huntington ton Beach iafx�eseG9i526�S�6 �791466 22). hbinlepe pondence rfiust include full name Despite the fact that the police "7 'z Fourth of July.already. P P hometown and phone number(fqr verification purposes) The v and fire departments(who know a, penderi,reserve5thgi ngl%t to edNalf submEssions for clarGty aid length festive enough- lot more about public safety than anyone on the council),opposed - This was an,amaziftg,vote:-to- the proposal, the council has the The. parade is huge and the cele- and,now have.10 grandchildren. I tally at odds with Comm,6n,;sense.It nerve to move ahead anyway. bratiori goes on for days.. :would hate for an accident to hap= was opposed by;bot#.qur fire and Everyone knows Southern Cali- Before the ban,when we had the pen to any of my family or anyone, police.chiefs.It danger forma is prone to fires, so why • fireworks; in our neighborhood off else's as a result of being lax about to our residents. make it easier to ignite,one? The .Goldenwest Street and Slater Ave- laws keeping these inflammatory We already have a great tradi- city has a big enough job noWr nue;we had to rinse down our roof devices, whether legal or illegal, in tional Fourth capped by the'largest cleaning up after the crowds on the, so as not to have a fire...'even with our community. parade west of the Mississippi and Fourth of July weekends. Why add a fireproof shingled roof. We have Brenda Welchlch a wonderful fireworks display at the .. to it and increase, the significant ; wooden fences and lots of palm beach.,We ��'„nr �P� "safe and threat of fires and injuries? trees that act as torches. Huntington Beach sane" fireworks. We need safe and Apparently the council would What is Don Hansen thinking? sane City Council members. not even consider a poll of the Does he own stock in a firecracker Boardman right about ,Alison Goldenberg community to get input on this company?Is he ill-advised?Who is resident survey Huntington Beach subject.,Are we to believe public the guy who doesn't listen to both opinion is of no value? The only the fire chief and,police chief? He Excuse me,but why are five City. voice I have is with the vote—and doesn't listen to advice from .a Council members going against the Follow the money on the council members who favored grand jury. I guess it's time to vote recommendations of the fire chief, City Council's Vote this item will be getting one less some of these inexperienced, un- the police chief, a-former grand , vote next time. educated people out of office. fury and the 67% o�tfre residents Mayor Don Hansen is out of his �wHunon Beach already has a The fireworks come in'a box that 'tivfiosai in a 1987 survey they mind. Has he imagined what our orid-ctls Fourth of July Parade says"safe and sane,"yet many chit= wanted fireworks banned? . peaceful city would.look like and d a terrific fireworks show near dren, homes and businesses are Who are these council members sound like if 200,000 visitors set off the beach every year.. burned every Fourth. Ask 'those representing,and what are the ben- fireworks on the Fourth of July?Has Howard L.Davis people what's safe and sane about efits of lifting the ban?Do these five he thought of the-cost of cleanup Huntington Beach'" that. people think they know better than and the impact on our environ- F•,; If fireworks are allowed on the all the experts and residents who menf? I think his secret agenda is beach, there's not enough trash .have a different opinion?Why can't the windfall of sales,tax to the city Mayor turns a deaf ear cans to pickup the7 debris.Sparkers a current survey of residents be in- on the sale of fireworks. to police,fire chiefs on wires create a safety hazard for cluded in the water bill, as Connie Huntington Beach is 'patriotic months when left in the sand, and Boardman suggested? enough without fireworks. As residents of Huntington Beach then the runoff from the trash goes We're opening the city to a dan- for 45 years,we currently enjoy the into the ocean. gerous situation and potential law- Bent A.Christensen peace of mind on the Fourth of July. We've raised four children in,H.B. suits. I thought our council mem- Huntington_Beach