HomeMy WebLinkAboutApproved for introduction Ordinance No. 4045, adding Chapter T.
Dept.ID AD 15-004 Page 1 of 3
Meeting Date:2/2/2015
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 2/2/2015
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Teri Baker, Assistant to the City Manager
SUBJECT: Approve for introduction Ordinance No. 4045, adding Chapter 5.90 and repealing
Chapter 9.70 of the Municipal Code relating to Fireworks; and, adopt Resolution
No. 2015-04 implementing Charter Section 805 and Municipal Code Section
5.90 regarding Safe and Sane Fireworks
Statement of Issue:
On November 4, 2014, voters approved Measure T to amend City Charter Section 805 to permit the
sale and use of safe and sane fireworks, subject to regulation by the City Council. The attached
Ordinance and Resolution have been prepared for the City Council's consideration regarding the
regulation of Charter Section 805 and Municipal Code Section 5.90 pertaining to the sale and use
of safe and sane fireworks.
Financial Impact:
Stand operators are required to pay permit fees as set by resolution. Additionally, the proposed
Ordinance recommends a regulatory fee not exceed 10% of gross sales.
Recommended Action:
A) Approve for introduction Ordinance No. 4045, "An Ordinance of the City of Huntington Beach
Adding Chapter 5.90 and Repealing Chapter 9.70 of the Huntington Beach Municipal Code Relating
to Fireworks"; and,
B) Adopt Resolution No. 2015-04, "A Resolution of the City Council of the City of Huntington Beach
Implementing Charter Section 805 and Municipal Code Section 5.90 Regarding Safe and Sane
Fireworks."
Alternative Action(s):
Do not adopt the Ordinance and Resolution and direct staff accordingly.
Analysis:
In February of 2012, the City Council adopted Ordinance No. 3932, which added Chapter 5.90 to
the Municipal Code authorizing and regulating the sale and use of safe and sane fireworks for a two
(2) year period. The Ordinance expired on July 5, 2013. On July 21, 2014, the City Council
adopted Resolution No. 2014-47 ordering submission of a City Ballot Measure proposing an
amendment to the City Charter adding Section 805 to permit the sale, possession, display, use and
discharge of safe and sane fireworks. On November 4, 2014, voters approved Measure T which
amended City Charter Section 805 to permit the sale and use of safe and sane fireworks, subject to
regulation by the City Council. The attached Ordinance and Resolution have been prepared for the
City Council's consideration based on comments received at the January 20, 2015, Study Session
Item 8. - 1 HB -t 14-
Dept.ID AD 15-004 Page 2 of 3
Meeting Date:2/2/2015
regarding the regulation of Charter Section 805 and Municipal Code Section 5.90 pertaining to the
sale and use of safe and sane fireworks.
Attached for the City Council's consideration is an Ordinance and a Resolution containing proposed
language which would regulate Charter Section 805. The Ordinance adds Municipal Code Section
5.90 relating to fireworks and repeals Chapter 9.70, which prohibits the sale, possession, display,
use and discharge of safe and sane fireworks. The Resolution provides additional language
regarding procedures and requirements of booth operators. Key elements of the Ordinance and
Resolution are provided below.
Key Elements of Ordinance
➢ Application requirements
➢ Sale of Safe and Sane Fireworks allowed on July 1, 2, and 3 from Noon — 10:00 p.m. and
on July 4 from 10:00 a.m. —9:00 pm
➢ Discharge of Safe and Sane Fireworks is only allowed on July 4 from Noon — 10:00 p.m.
➢ Regulatory fee (set by resolution) for permit shall be assessed on all safe and sane firework
sales to raise funds to pay for education and enforcement
➢ Fireworks MAY NOT be discharged in or on:
o Any beach or wetlands
o Public parks
o Any area on the ocean side of Pacific Coast Highway (i.e. Sunset Beach)
o Within 10 feet of any residence, dwelling or other structure or oil wells
o Public Property, including, highways and other publicly owned property, buildings or
facilities (except streets, sidewalks and alleys in residential neighborhoods).
o Properties located in commercial and industrial/manufacturing districts
➢ Fireworks Distributors must submit a public education plan that includes detail of a class to
be conducted(by distributer/wholesaler) for all booth operators to the Fire Department
Key Elements of the Resolution
➢ A maximum of 15 permits allowing the sale of safe and sane fireworks within the city will be
issued each year to non-profit organizations using a lottery system
➢ The 15 permits shall be issued to applicants in three (3) categories with a maximum of five
(5) permits per category:
o Youth Sports
o High School Education Institutions
o Civic Organizations
Prior to the lottery, non-profit groups must complete an application for a permit to sell Safe
and Sane Fireworks and the applicant must be deemed qualified to participate in the lottery
➢ Applications with supporting documentation must be filed with the City Clerk between the
first business day in March (2015: March 2) and 5:00 p.m. on the last business day in March
(2015: March 31)
➢ The City Clerk shall conduct a lottery during a City Council Meeting
➢ Applicants must:
o Be a registered non-profit organization (Tax ID Number)
o Have a principal and permanent meeting place within the city
o Provide direct and regular community services and benefits to residents of the city
o Have a membership of at least 20 members who reside, are employed, or are owner
or operators of a business or other establishment located in city
➢ One application per organization
➢ Permittee Insurance requirements
KB -11 s- Item 8. - 2
Dept.ID AD 15-004 Page 3 of 3
Meeting Date:2/2/2015
Environmental Status:
None.
Strategic Plan Goal:
Enhance and maintain public safety
Attachment(s):
1. Ordinance No. 4045, "An Ordinance of the City of Huntington Beach Adding Chapter 5.90
and repealing Chapter 9.70 of the Huntington Beach Municipal Code Relating to Fireworks";
and,
2. Resolution No. 2015-04, "A Resolution of the City Council of the City of Huntington Beach
Implementing Charter Section 805 and Municipal Code Section 5.90 Regarding Safe and
Sane Fireworks."
Item 8. - 3 HB -116-
ATTACHMENT # 1
ORDINANCE NO. 4045
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. Section 5.90 of the Huntington Beach Municipal Code is hereby added to
read as follows:
5.90.010 Definitions
The following words and phrases, as used in this Chapter, are defined as follows:
"City Clerk"means the City Clerk or his or her designee.
"City Manager"means the City Manager or his or her designee.
"Dangerous Fireworks" means "Dangerous Fireworks" as defined in Health and Safety Code
Sections 12505 and 12561 and the relevant Sections of Title 19, Code of Regulations, Division 1,
Chapter 6 as may be amended.
"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.
"Fireworks Wholesaler" means any person, other than an importer, exporter or manufacturer
selling directly to wholesalers, who sells fireworks to a retailer or any other person for resale.
"Permit"means a certificate issued by the City Manager that allows a Qualified Organization
chosen by way of a lottery to sell Safe and Sane Fireworks for the dates and times listed on the
Permit. Issuance of a Permit does not confer to Permittee ANY PROPERTY RIGHT and the
City may at its sole discretion, without notice or opportunity for hearing, revoke the Permit.
"Permit Application means a form provided by the City used to determine eligibility to
participate in the Safe and Sane Fireworks lottery.
"Permittee"means a Qualified Organization that has received a Permit to sell Safe and Sane
Fireworks.
"Public Display of Fireworks" means any event where the public is admitted or allowed to
view the display or discharge of Safe and Sane Fireworks including private, theatrical or civic
performances.
"Qualified Organization"means any nonprofit including but not limited to 501(c) (3) or other
charity as defined by Federal or State law, or a group which is an integral part of or recognized
by a nonprofit or charity and in existence for at least one year prior to submitting a Permit
Application or an elementary,junior high and/or high school and/or school district and
recognized affiliates 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.
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1
Ordinance No. 4045
An organization either administratively or criminally guilty of violating any local, State or
Federal law or that had a Permit revoked within 24 calendar months prior to the organization's
submittal of a Permit Application shall not be a Qualified Organization.
"Safe and Same Fireworks"means Safe and Sane Fireworks as defined in Health and Safety
Code Sections 12529 and 12562 and Title 19, Code of Regulations, Division 1, Chapter 6 as may
be amended.
5.90.020 Administrative Regulations
Unless specifically provided for in the Huntington Beach Charter or Municipal Code, the City
Manager may adopt reasonable administrative regulations to further define processes and
administration of this Chapter.
5.90.030 General Prohibition of Possession, Sale or Use of Fireworks
Except as provided in this Chapter, no person shall possess, sell, use, display, or discharge any
fireworks, including, but not limited to, any Dangerous Fireworks, altered Safe and Sane
Fireworks, or other combustible device or explosive substance or any kind of fireworks by
another name.
5.90.040 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 except as provided in this Chapter.
5.90.050 Exception—Public Displays and Theatrical Performances
Notwithstanding any other provisions of this Chapter, the Fire Chief or his or her designee may
at his or her sole discretion grant permits for public displays or theatrical performances of
fireworks.
5.90.060 Safe and Sane Fireworks Sales—Permits Required
It shall be unlawful to sell Safe and Sane Fireworks within the City without having first applied
for and received a Permit.
5.90.070 Sale of Safe and Sane Fireworks—Application Process
Each year, the City Manager may issue Permits for the sale of Safe and Sane Fireworks to
Qualified Organizations by means of a lottery system. The number of Permit Applications
considered for the lottery shall be determined by City Council by Resolution. If a question arises
as to whether a nonprofit, charity or group is a Qualified Organization as defined in this Chapter,
the City Manager will make the determination at his or her sole discretion.
Prior to the lottery, any Qualified Organization that wishes to participate in selling Safe and Sane
Fireworks must complete a Permit Application and return it to the City Clerk prior to the dates
and times described by Resolution. No Qualified Organization shall be permitted more than one
location to sell Safe and Sane Fireworks. If more than one Permit Application is submitted, the
City may disregard one, or all, of the Permit Applications at its sole discretion.
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Ordinance No. 4045
In addition to information required in the Permit Application, the Qualified Organization shall
provide the following:
A. A written and signed statement, that the Qualified Organization, prior to receipt of a
Permit, will provide the City a certificate evidencing policies of insurance as required by
the City pursuant to its administrative regulations.
B. Proof that the Qualified Organization meets the requirements of this Chapter.
C. The Permit Application shall be signed by an authorized officer or director of the
Qualified Organization who shall attest to the veracity of all statements in the Permit
Application.
D. At least one or more representatives of a Permitee shall attend a Fireworks Stand safety
seminar approved by the City. The failure of a Permittee to attend the safety seminar
may result in the revocation of its Permit to sell Safe and Sane Fireworks.
The final Permit Applications with supporting documentation shall be filed with the City Clerk
as set forth by Resolution. In the event the Qualified Organization is unable to provide the
information required on the Permit Application and any supplemental information required by
the City Manager or City Clerk, prior to submittal deadline, the Qualified Organization will not
be permitted to participate in the lottery. The City Clerk may request information clarifying or
explaining the Qualified Organization's Permit Application.
5.90.080 Safe and Sane Fireworks—Operation of Fireworks Stand
A. No person shall knowingly sell fireworks to any person under the age of 18 years old.
B. It shall be illegal to sell fireworks except between noon and 10:00 p.m. on July 1st, 2nd
and 3rd and between 10:00 a.m. and 9:00 p.m. on July 4th.
C. No person other than the individuals who are members of the Qualified Organization or
the wives, husbands, parents or adult children of such members shall sell or otherwise
participate in the sale of Safe and Sane Fireworks.
D. No person under the age of 18 years old shall sell or participate in the sale of Safe and
Sane Fireworks.
E. No person shall be paid any consideration by the Permittee or any Fireworks Wholesaler
of Safe and Sane Fireworks for selling or otherwise participating in the sale of Safe and
Sane Fireworks. This shall not apply to licensed security personnel during sale or non-
sale hours and to the party authorizing the location of the Fireworks Stand on its property.
The Fire Chief or his or her designee may revoke the fireworks storage permit and/or
local business permit of any Fireworks Wholesaler violating the terms of this section.
F. Safe and Sane Fireworks must remain at the location listed on the Permit unless written
approval to relocate is obtained from the Fire Chief or his or her designee.
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Ordinance No. 4045
Unsold Safe and Sane Fireworks may be transported back to the Fireworks Wholesaler, outside
of the City, in compliance with Department of Transportation regulations for transporting
fireworks after 9:00 p.m. on July 4`h
5.90.090 Safe and Sane Fireworks—Permits
Permittees shall apply for and obtain all City pen-nits including but not limited to temporary
event, electrical, and fire permits.
5.90.100 Safe and Sane)Fireworks—Temporary Fireworks Stand
A. Retail sales of Safe and Sane Fireworks are only permitted in Fireworks Stands; retail
sales from any other building or structure is prohibited. Fireworks Stands must comply
with NFPA 1124 Code for the Manufacture, Transportation, Storage, and Retail Sales of
Fireworks and Pyrotechnic Articles, current edition of the California Fire Code, the
California Code of Regulations, Title 19, Division 1, Chapter 10.
B. The Fire Chief or his or her designee may create additional rules and regulations for the
operation of Fireworks Stands. A copy of any such rules and regulations shall be posted
in a prominent place in each Fireworks Stand. Failure to comply with the rules and
regulations shall be grounds for the immediate revocation of any Permit granted under
this Chapter.
5.90.110 Safe and Sane Fireworks—Revocation of Permit
The Fire Chief or his or her designee may revoke, immediately and without notice or hearing, the
Permit of any Permittee who violates Federal, State or City laws. Any Permittee whose Permit
has been revoked shall be ineligible to participate in the lottery for two years from the date of
revocation.
5.90.120 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 use any Safe
and Sane Fireworks, or allow the ignition, discharge or projection thereof on any beach,
wetland, public park or any area 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 use any Safe and Sane Fireworks, or allow the ignition,
discharge or projection thereof, except on July 4th of each year between the hours of
noon and 10:00 p.m.
C. It shall be unlawful for any person to ignite, discharge,projector otherwise use any Safe
and Sane Fireworks, or allow the ignition, discharge or projection thereof, upon or over
or onto the property of another without his or her consent or to ignite, discharge, project
or otherwise use any Safe and Sane Fireworks within 10 feet of any residence, dwelling
or other structure, or oil well.
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Ordinance No. 4045
D. It is unlawful for any person, firm or corporation to ignite, discharge, permit or otherwise
use any fireworks, including Safe and Sane Fireworks, within the following areas of the
City:
1. Any public property, including, but not limited to public streets, highways,
sidewalks, alleys, parks or other publicly owned property, buildings or facilities;
except for residential sidewalks, alleys and streets;
2. 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 Chapter;
3. 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.
E. Fireworks shall not be ignited, discharged, projected or otherwise used within 300 feet of
a Fireworks Stand.
F. It is unlawful for any person to store, sell or discharge any type of fireworks in or within
100 feet of a location where gasoline or any other flammable liquid is stored or
dispensed.
5.90.130 Seizure of Fireworks
The Fire Chief or his or her designee may seize, take, remove or cause to be removed, at the
expense of the Permittee, Fireworks Wholesaler, or any person, whichever is applicable, all stock
of fireworks offered or exposed for sale, stored or held in violation of this Chapter.
5.90.140 Fireworks Wholesaler Public Education Plan
Each Fireworks Wholesaler who is supplying a Permittee Safe and Sane Fireworks shall
annually submit a public education plan to the Fire Department no later than 5:00 p.m. on June
1 St of each year. The components of the public education plan shall be determined by the Fire
Chief or his or her designee each year.
5.90.150 Miscellaneous
A. This Chapter is not the exclusive regulation for fireworks within the City of Huntington
Beach and does not supersede existing Federal, State or City statutes, regulations and
ordinances.
B. If any section, subsection, sentence, clause or phrase of this Chapter 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.
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5
Ordinance No. 4045
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 17th day of February , 2015.
yor
ATTEST: APPROV / O
FY
Cler City Attorney
REVIEW D APPROVED: ED ROVED:
C k y anager Assistant City Manager
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6
Ord. No. 4045
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 February 2,2015, and was again read to said City Council at a
Regular meeting thereof held on February 17, 2015, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, Peterson
NOES: None
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 Wave on
February 26,2015.
In accordance with the City Charter of said City
Joan L. Flynn,City Clerk CityVlerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
AT
TACHMENT #2
RESOLUTION NO. 2015-04
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH IMPLEMENTING
CHARTER SECTION 805 AND MUNICIPAL CODE CHAPTER 5.90
REGARDING SAFE AND SANE FIREWORKS
WHEREAS, the voters of the City of Huntington Beach approved an amendment to the
Huntington Beach Charter adding Section 805 permitting the sale and discharge of Safe and Sane
Fireworks subject to City Council regulations; and
The Council finds that orderly distribution and sale of Safe and Sane Fireworks will be
accomplished by setting forth rules and procedures via resolution,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as ollows:
SECTION 1. The City Manager is hereby authorized to implement this resolution,
Huntington Beach Municipal Code (HBMC) Chapter 5.90 and Charter Section 805.
SECTION 2. No Permit, as defined by the HBMC, shall be issued to any Qualified
Organization that does not satisfy the requirements provided in this Resolution or HBMC
Chapter 5.90.
A. The maximum number of Permits that may be issued shall be fifteen Permits during any
one calendar year as follows: A maximum of five Permits shall be issued to Qualified
Organizations in each of the three categories provided below, to which an applicant may
apply for only one of the categories:
Youth Sports —Youth sports organizations operating within the City whose main
purpose is to benefit a valid youth sports activity. Examples include but are not limited to little
league, "AYSO" soccer, youth football, basketball, tennis, golf. This category does not include
high school extracurricular activities/sports.
High School—High school institutions or groups operating within the City that agree to
use the proceeds for the benefit of valid student extracurricular activities/sports.
Civic Organizations—Civic organizations operating within the City whose main
purpose is primarily for civic betterment, or charitable or religious purposes. This category does
not include high school extracurricular activities or youth sports, but does include adult sports
organizations.
B. Applications may be filed with the City Clerk beginning March 1", continuing up to 5:00
p.m. on the last business day in March of the same year, at which time the filing period
for that year will be closed.
C. The City Clerk shall conduct a lottery to choose fifteen qualified Permittees that may sell
fireworks in the City pursuant to HBMC Chapter 5.90. The lottery will be conducted
during a City Council meeting and the City Clerk using some means of random selection.
15-4540/116499.docx
Resolution No. 2015-04
D. In Addition to the requirements of HBMC Chapter 5.90 Qualified Applicants must be
organized primarily for veterans, patriotic, welfare, civic betterment, religious, athletic,
educational, youth development or charitable purposes; must have their principal and
permanent meeting place within the City;provides direct and regular community services
and benefits to the residents of the City; and have a minimum bona fide membership of at
least 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.
E. If more than one application is submitted on behalf of any nonprofit organization or
affiliated organization,the City may disregard one or all of the applications at its sole
discretion. Any attempt to transfer an application shall void that application and may
preclude an applicant from participating in the lottery in future years.
F. On a form provided by the City, Qualified Orginizations shall provide: the proposed
location of the fireworks stand; the name, address and 24-hour 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; the proof of
the applicant's status as a qualified organization; date when the applicant was organized
and established; the names and addresses of the officers, if any, of the applicant; the
name, address, and California State Fire Marshal's license number of any wholesaler or
distributor from whom the Qualified Applicant or retailer proposes to purchase for resale;
the applicant's State Board of Equalization sales tax permit number; the manner, method
and times regarding how the applicant proposes to sell Safe and Sane Fireworks; a copy
of the requisite retail sales permit issued by the Office of the California State Fire
Marshal; and evidence of a temporary sales tax permit from the California State Board of
Equalization.
SECTION 3. Permittees shall provide certificates of insurance evidencing the following
minimum limits with a California admitted carrier with a current A.M. Best's rating of no less
than an A.
A. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability Insurance or other form with a
general aggregate limit is used, either the general aggregate limit shall apply separately
to this project/location or the general aggregate limit shall be twice the required
occurrence limit. "Claims made" designation is only acceptable for professional or
pollution liability insurance. The City of Huntington Beach, its officers, elected or
appointed officials, employees, agents and volunteers must be named as certificate
holder and as additional insured by separate attached endorsement. (This wording must
be exact.)
B. Any deductibles, self-insured retentions or similar forms of coverage limitations or
modifications must be declared to and approved by the City.
C. Permittee shall include all sub-Permittees or subcontractors, if any, as insured under its
policies or shall furnish separate certificates and endorsements for each sub-Permittees
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Resolution No. 2015-04
or subcontractors. All coverage for sub-Permittees shall be subject to all of the
requirements stated herein.
SECTION 4. Permittees agree, as a condition of receiving a Permit, to protect, defend,
indemnify, and hold harmless, the City, the City Council, its officers, elected or appointed
officials, employees, agents, and volunteers from and against any and all third party claims,
damages, losses, expenses,judgments, demands and defense costs,however caused, resulting
from death or injury to Permittee employees, volunteers, customers, and/or any third party,
and/or damage to Permittee property, arising directly or indirectly out of the obligations or
operations undertaken by Permittee by virtue of the Permit issuance, caused in whole or in part
by any act or omission of the Permittee, any subcontractors, anyone directly or indirectly
employed or volunteers or anyone for whose acts any of them may be liable, including but not
limited to, concurrent active negligence, except where caused by the sole active negligence, or
willful misconduct of the City.
In the event of an injury, claim, lawsuit, or any other dispute, the Permittee will conduct all legal
defenses to those injuries, claims, lawsuits, or any other disputes, including the defense of the
City if applicable, at its sole cost and expense, and at no cost or expense to the City.
The City shall approve selection of Permittee's counsel. This defense and indemnity obligation
shall apply to all claims and liability regardless of whether any defenses and insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to
be provided by Permittee.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 2nd day of February , 2015.
4q a.
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REVIE �APPROVED: APPROVED O FO .
J,i l
Cit�,�vl ger C' Attorney
TED %PPROVED:
Assistant City er
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f
Res. No. 2015-04
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 resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on February 2, 2015 by the following vote:
AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
City Ark and ex-officio Ferk of the
City Council of the City of
Huntington Beach, California
2/2/2015
Overview of the Proposed
Fireworks Ordinance 4045 and
Resolution 2015-04
City Council Meeting
February 2, 2015
Background
November 4, 2014 — Voters approved
Measure T, which amended City Charter
Section 805 to permit the sale and use of Safe
and Sane Fireworks, subject to regulation by
the City Council.
SUPPLEMENTAL
COMMUNICATION
Meeting cater
Agenda Item No.
2/2/2015
Kev Elements of Draft Ordinance 4045
• Defines Qualified Organization as a nonprofit
501 (c) (3) or other charity as defined by
Federal or State law located within the
boundaries of the City
• Sale of Safe and Sane Fireworks allowed on
July 1st, 2nd, and 3rd from Noon — 10:00 p.m.
and on July 4t" from 10:00 a.m. — 9:00 pm
• Discharge of Safe and Sane Fireworks is only
allowed on July 4t" from Noon — 10:00 p.m.
Key Elements of Draft Ordinance 4045
Continued
• Permits and Fees — In addition to booth
related permits, a regulatory fee (set by
resolution) shall be assessed on all safe and
sane firework sales to raise funds to pay for
education, inspections, and enforcement
• During the 2 year pilot program period,
regulatory fee costs averaged $56k
2
2/2/2015
Key Elements of Draft Ordinance 4045
Continued
• Fireworks MAY NOT be discharged:
— On any beach or wetlands
— Public parks
— All areas on the ocean side of Pacific Coast Highway
(i.e. Sunset Beach)
— Within 10 feet of any residence, dwelling or other
structure or oil wells
— Public Property, including, highways and other publicly
owned property, buildings or facilities (except
residential sidewalks, alleys and streets)
— Properties located in commercial and
industrial/manufacturing districts
Key Elements of Draft Resolution 2015-04
• The maximum number of Permits issued shall
be 15 and shall be distributed within 3
categories:
— Youth Sports
— High School
— Civic Organizations
3
2/2/2015
Key Elements of Draft Resolution 2015-04
• Applicants must:
— Must be a registered non-profit organization (Tax ID
Number)
— Be organized primarily for veterans, patriotic, welfare,
civic betterment, religious, athletic, educational,
youth development or charitable purposes
— Must have a principal and permanent meeting place
within the City
— Must provide direct and regular community services
and benefits to residents of the City
Key Elements of Draft Resolution 2015-04
Continued
• Applications with supporting documentation
must be filed with the City Clerk between March
1st and March 31st
• One application per organization
• Applicants must meet insurance requirements
• The City Clerk shall conduct a lottery during a City
Council meeting using a random selection
process
4
2/2/2015
Questions?
5
Esparza, Patty
From: Surf City Pipeline [noreply@user.govoutreach.com]
Sent: Monday, February 02, 2015 8:35 AM
To: CITY COUNCIL; Agenda Alerts
Subject: Surf City Pipeline: Comment on an Agenda Item (notification)
Request#21154 from the Government Outreach System has been assigned to Agenda Alerts.
Request type: Comment
Request area: City Council - Agenda& Public Hearing Comments
Citizen name: Gina Clayton-Tarvin
Description: From: Gina Clayton-Tarvin [mailto:mrsclaytontarvinkgmail.com]
Sent: Friday, January 30, 2015 12:56 PM
To: CITY COUNCIL
Subject: Ordinance No. 4045
Dear Honorable H.B. City Council Members:
I am concerned with Ordinance No. 4045, adding Chapter 5.90 and repealing Chapter
9.70 of the Municipal Code relating to Fireworks; and, adopt Resolution No. 2015-04
implementing Charter Section 805 and Municipal Code Section 5.90 regarding Safe and
Sane Fireworks, specifically the "Financial Impact: Stand operators are required to pay
permit fees as set by resolution. Additionally, the proposed Ordinance recommends a
regulatory fee not exceed 10% of gross sales."
I ask that you reconsider the "regulatory fee" as I feel its passage may breach your
fiduciary responsibility to Huntington Beach's youngest residents. I might suggest that
the non profit groups affected by this regulatory fee be subject only to an "inspection
fee" as is practice in surrounding cities. As you know, it is possible to amend the
ordinance language before voting upon it. Also, the item could be postponed until the
next regularly scheduled meeting and then after further consideration and deliberation,
make an informed decision based upon the wishes of many of your constituents. Of
course you could vote it down and start again.
Thank you for your consideration concerning this important matter.
Sincerely,
Gina Clayton-Tarvin
CONFIDENTIALITY NOTICE: This communication and any documents, files, or
previous e-mail messages attached to it, constitute an electronic communication within
the scope of the Electronic Communication Privacy Act, 18 USCA 2510. This
communication may contain non-public, confidential, or legally privileged information
intended for the sole use of the designated recipient(s). The unlawful interception, use,
or disclosure of such information is strictly prohibited under 18 USCA 2511 and any
applicable laws SUPPLEMENTAL
Expected Close Date: February 3, 2015 COMMUNICATION
Click here to access the request
Meeting Gate:
1 Agenda Item No.
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
Esparza, Patty
From: Surf City Pipeline [noreply@user.govoutreach.com]
Sent: Monday, February 02, 2015 8:12 AM
To: CITY COUNCIL; Agenda Alerts
Subject: Surf City Pipeline: Comment on an Agenda Item (notification)
Request#21152 from the Government Outreach System has been assigned to Agenda Alerts.
Request type: Complaint
Request area: City Council - Agenda& Public Hearing Comments
Citizen name: Stephanie Green
Description: From: stephanie green [mailto:steffiehome(&gmail.com]
Sent: Thursday, January 29, 2015 9:36 PM
To: CITY COUNCIL
Cc: Gino J. Bruno; Mike Kircher; Michael Gates; Michael Hoskinson
Subject: Safe and Sane Regulatory fees
Safe and Sane Fireworks? Insane regulatory fees!
Dear City Council;
I have had the pleasure of serving on several nonprofit boards here in HB. While every
time the rewards outweigh the time and sacrifice. I see you about to slap them with
unsubstantiated regulatory fees if they decide to host a Safe and Sane Fireworks booth.
These fees are arbitrary.
The idea of offering these booths to nonprofits is a wonderful idea. But the idea of
skimming up to 10% off the gross seems like you are taking advantage of the groups
because they are not represented at the table. This high regulatory fee is not paid by any
other city. A one time $175.00 inspection fee is all that most cities charge. And we have
yet to see exactly what these regulatory fees will be applied to.
While I realize HB faces issues that very few other cities face during the 4th of July
weekend. Strapping your already needy nonprofits is not the solution. And how do you
make this justification?
Based on the 2 year trial. The city collected $75,000. What did the city do with those
"regulatory fees", how where they directly used to make HB safer or cleaner? I would
ask each council member to look closely. An extra$5.000 for a sports booster means
they may be able to buy new helmets for an entire team,now that makes at least 50 kids
directly safer. Or it may mean the Kiwanis Club could offer more scholarships or school
supplies to our most needy kids in our community, directly impacting their education.
Imagine if you left those hard working nonprofit volunteers with the money they earned,
and they were able to put that right back into a much deserving organization. Colette's
home might be able to take in one more homeless mother and child. AYSO soccer might
be able to offer 100 kids to play for free.
Please consider what you are allowing before you vote. Do not charge high regulatory
1
fees on the backs of so many giving back to our community.
These fees were not used for extra street sweeping, These fees were not used for extra
officers. All of those costs were already covered when the city charges the parade group
$150,000. There is no more staff to hire, so what exactly are these fees for? Education?
Show me! Prove the correlation with spending 75,000 on education and a decrease in
illegal fireworks.
Again I ask you to consider what you are allowing if you allow these regulatory fees.
Thank you
Stef Green
(714) 402-8070
Expected Close Date: February 3, 2015
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
Meeting Date: oZZ—d-LL—lls
Agooft Item No. 0
2
Esparza, Patty
From: Surf City Pipeline [noreply@user.govoutreach.com]
Sent: Monday, February 02, 2015 7:51 AM
To: CITY COUNCIL; Agenda Alerts
Subject: Surf City Pipeline: Comment on an Agenda Item (notification)
Request#21151 from the Government Outreach System has been assigned to Agenda Alerts.
Request type: Comment
Request area: City Council - Agenda& Public Hearing Comments
Citizen name: Rosemary Saylor
Description: As the HBCSD Governing Board Member who is liaison to our elementary school
district's Huntington Beach Educational Foundation as well as a dues paying member, I
respectfully request that Ordinance 4045 be additionally amended to include the
aforementioned foundation. HBEF is a non-profit group that should be included based
on all of the qualifications listed within the "Key Elements of the Resolution." It seems
remiss that the listed categories excludes a foundation that exists solely to benefit our
local students and their schools.
Expected Close Date: February 3, 2015
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
C40MMUNICATION
06 SAL, ao i i
Dornbo, .Johanna
From: Surf City Pipeline [noreply@user.govoutreach.com]
Sent: Friday, January 30, 2015 4:23 PM
To: Dombo, Johanna
Subject: Surf City Pipeline: You have been assigned a new Request#: 21141
Request#21141 from the Government Outreach System has been assigned to you.
Request type: Comment
Request area: Inquiry to a City Council Member
Citizen name: Clay Allison
Description: I am writing to you to persuade you to vote against the proposed ordinance on Safe &
Sane Fireworks. The citizens voted to make them legally, and their introduction and sale
should not be unreasonably taxed.
I am referring to the proposed 10% charge off the top of their sales. The language of the
ordinance speaks to "Education and Enforcement". This "argument" does not hold up on
examination. First, you don't "enforce" something that is legal. Imagine a cop watching
someone pull to a stop at a stop sign, walking up and saying "Thanks for
stopping...that'll be $20 bucks. We are enforcing drunk driving". As to the argument
presented that this is to offset increased Police and Fire presence? I know that the Fire .
Department will be staffed with the normal 40...no increase there. And the Police, with
their "All-hands-on-deck" policy...this has been the case for years, long before safe and
sane fireworks were sold here. They are staffed at 100%(again,NOT an increase over
previous years) to deal with the huge influx of tourists into our city.
And why are these non-profits being help to bear the weight of all these "increases"
alone? Why are you charging ALL city businesses 10% off the top of their gross take?
Let the Police/Fire departments look for revenue enhancements elsewhere. Let our non-
profits put that 10% into their programs where it will do the most good...equipment for
our youth sports, hearing aids and other benefits for the disadvantaged, etc..
I urge you to vote NO on this punitive charge. The city has the right to collect fees for a
permit and an inspection...no more. Let our non-profits operate like EVERY other legal
business.
SUPPLEMENTAL
Thank you for your attention, COMMUNICATION
Clay Allison
Homeowner, Huntington Beach Meetbg Cate: - r
Expected Close Date: February 9, 2015
Agenda Item No.
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
Dornbo, Johanna
From: Gina Clayton-Tarvin [mrsclaytontarvin@gmail.com]
Sent: Friday, January 30, 2015 12:56 PM
To: CITY COUNCIL
Subject: Ordinance No. 4045
Dear Honorable H.B. City Council Members:
I am concerned with Ordinance No. 4045, adding Chapter 5.90 and repealing Chapter 9.70 of the
Municipal Code relating to Fireworks; and, adopt Resolution No. 2015-04 implementing Charter
Section 805 and Municipal Code Section 5.90 regarding Safe and Sane Fireworks, specifically the
"Financial Impact: Stand operators are required to pay permit fees as set by resolution. Additionally,
the proposed Ordinance recommends a regulatory fee not exceed 10% of gross sales."
I ask that you reconsider the "regulatory fee" as I feel its passage may breach your fiduciary responsibility to
Huntington Beach's youngest residents. I might suggest that the non profit groups affected by this regulatory
fee be subject only to an "inspection fee" as is practice in surrounding cities. As you know, it is possible to
amend the ordinance language before voting upon it. Also, the item could be postponed until the next regularly
scheduled meeting and then after further consideration and deliberation, make an informed decision based upon
the wishes of many of your constituents. Of course you could vote it down and start again.
Thank you for your consideration concerning this important matter.
Sincerely,
Gina Clayton-Tarvin
CONFIDENTIALITY NOTICE: This communication and any documents, files, or previous e-mail messages
attached to it, constitute an electronic communication within the scope of the Electronic Communication
Privacy Act, 18 USCA 2510. This communication may contain non-public, confidential, or legally privileged
information intended for the sole use of the designated recipient(s). The unlawful interception, use, or disclosure
of such information is strictly prohibited under 18 USCA 2511 and any applicable laws
SUPPLEMENTAL
COMMUNICATION
Weting Date:
Agenda Item No,
1
Fikes, Cathy
From: Janice Ugland Danugland@aol.com]
Sent: Sunday, February 01, 2015 7:06 PM
To: CITY COUNCIL
Subject: Safe and Sane Fireworks Regulatory Fees
Dear Members of City Council:
I'm writing due to concern regarding charging the (not to exceed) 10% regulatory fees to the
lottery-selected organizations chosen to operate Safe and Sane Fireworks booths within our
city.
As noted in 5.90.150, the fireworks wholesaler is required to submit an educational plan;
therefore, I see no true cost to our city in this regard. I would imagine and hope that
inspections and enforcements could be manned by those on their regularly scheduled shifts.
Thus, not burdening our budget and perhaps easing off on charging regulatory fees to our
non-profits.
I hope you consider that any monies charged to these organizations simply lessens access to
programs for our youth who are truly in need of assistance. I appreciate your attention to this
matter and ask that you forgo any unnecessary fees so that our children can ultimately
benefit in full. Thank you so much.
SUPPLEMENTAL
Sincerely, COMMUNICATION
Janice E. Ugland
Meeting Date:
Agenda Item No.
"5.90.090 Safe and Sane Fireworks—Permits and Fees
Applicants shall apply for and obtain all City permits including but not limited to temporary
event, electrical, and fire permits. The City shall assess a regulatory fee on all Safe and Sane
Firework sales to raise sufficient funds to pay for education and enforcement of this Chapter
including extra personnel time for fire inspection and enforcement duties. The fee shall be set
forth by Resolution.
Payment of the regulatory fee shall be made according to the terms that appear on the
invoice. Failure to pay the amount invoiced may disqualify the Permittee from participating
in future lotteries at the sole discretion of the City Manager.
1
The Finance Department each year shall determine each Permittee's 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. After the Finance Department
receives the financial statements, the Finance Department shall invoice each Permittee. The
regulatory fee shall not exceed 10% of the total gross sales of the fireworks sold in the City by
Permittees,"
"5.90.150
Fireworks Wholesaler Public Education Plan
Each Fireworks Wholesaler who is supplying an Permittee Safe and Sane Fireworks shall
annually submit a public education plan to the Fire Department no later than 5:00 p.m. on
June 1st of each year. The components of the public education plan shall be determined by
the Fire Chief or his or her designee each year."
2
Dombo, Johanna
From: Barry Williams [wmsb@aol.com]
Sent: Friday, January 30, 2015 10:19 AM
To: stephanie green
Cc: CITY COUNCIL; Gino J. Bruno; Mike Kircher; Michael Gates; Michael Hoskinson
Subject: Re: Safe and Sane Regulatory fees
This is nothing but a money grab by City Hall to a group that has no representation like being a bully to the
smallest kid on the block
Sent from my iPhone SUPPLEMENTAL
COMMUNICATION
On Jan 29, 2015, at 9:36 PM, stephanie green<steffiehomegamail.com> wrote:
Safe and Sane Fireworks? Insane regulatory fees! Meeting Date: ,�
Dear City Council;
Agenda Item No. CJ
I have had the pleasure of serving on several nonprofit boards here in HB. While every time
the rewards,outweigh the time and sacrifice. I see you about to slap them with
unsubstantiated regulatory fees if they decide to host a Safe and Sane Fireworks booth.
These fees are arbitrary.
The idea of offering these booths to nonprofits is a wonderful idea. But the idea of
skimming up to 10% off the gross seems like you are taking advantage of the groups
because they are not represented at the table. This high regulatory fee is not paid by any
other city. A one time $175.00 inspection fee is all that most cities charge. And we have yet
to see exactly what these regulatory fees will be applied to.
While I realize HB faces issues that very few other cities face during the 4th of July
weekend. Strapping your already needy nonprofits is not the solution. And how do you
make this justification?
Based on the 2 year trial. The city collected $75,000. What did the city do with those
"regulatory fees", how where they directly used to make HB safer or cleaner? I would ask
each council member to look closely. An extra $5.000 for a sports booster means they may
be able to buy new helmets for an entire team, now that makes at least 50 kids directly
safer. Or it may mean the Kiwanis Club could offer more scholarships or school supplies to
our most needy kids in our community, directly impacting their education. Imagine if you left
those hard working nonprofit volunteers with the money they earned, and they were able to
put that right back into a much deserving organization. Colette's home might be able to take
in one more homeless mother and child. AYSO soccer might be able to offer 100 kids to
play for free.
Please consider what you are allowing before you vote. Do not charge high regulatory fees
on the backs of so many giving back to our community.
These fees were not used for extra street sweeping, These fees were not used for extra
officers. All of those costs were already covered when the city charges the parade group
$150,000. There is no more staff to hire, so what exactly are these fees for? Education?
1
Show me! Prove the correlation with spending 75,000 on education and a decrease in
illegal fireworks.
Again I ask you to consider what you are allowing if you allow these regulatory fees.
Thank you
Stef Green
(714) 402-8070
2
ORDINANCE NO. 4045
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 asff/Ilows:
SECTION 1. Section 5.90.010 of the Huntington Beach Municipal Code is hereby
� p Y
added to read as follows:
5.90.010 Definitions
The following words and phrases, as used in this Chapter, are defined follows:
"City Manager"means the City Manager or his or her designee.
"City Clerk"means the City Clerk or his or her designee.
"Dangerous Fireworks"means"Dangerous Fireworks"as defined in Health and Safe . Code
Sections 12505 and 12561 and the relevant Sections of Title 19`Code of Relations, Division 1,
Chapter 6 as may be amended.
"Fireworks Stand"means any building, counter, or other cture of a temporary nature used
in the sale, offering for sale or display for sale of Safe and Sane Fireworks.
"Fireworks Wholesaler"means any person, other than importer, exporter or manufacturer
selling directly to wholesalers, who sells fireworks to retailer or any other person for resale.
"Qualified Organization"means any nonprofit including but not limited to 501(c) (3) or other
charity as defined by Federal or State law, or a grodp which is an integral part of or recognized
by a nonprofit or charity and in existence for at last one year prior to submitting a Permit
Application or an elementary,junior high and/or high school and/or school district and
recognized affiliates that serves, in whole or impart, 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.
An organization either administratively r criminally guilty of violating any local, State or
Federal law or that had a Permit revo d within 24 calendar months prior to the organization's
submittal of a Permit Application shad not be a Qualified Organization.
"Permit Application"means a fon provided by the City used to determine eligibility to
participate in the Safe and Sane FI eworks lottery.
"Permit"means a certificate i ued by the City Manager that allows a Qualified Organization
chosen by way of a lottery to sell Safe and Sane Fireworks for the dates and times listed on the
Permit. Issuance of a Pe ' does not confer to Permittee ANY PROPERTY RIGHT and the
City may at its sole discre on, without notice or opportunity for hearing,revoke the Permit.
"Permittee" means a alified Organization that has received a Permit to sell Safe and Sane
Fireworks.
7.1
154540/116587.docx
Ord. 4045
"Public Display of Fireworks"means an event where the public is admitted or allowed to
P Y Y
view the display or discharge of Safe and Sane Fireworks including private,theatrical r civic
performances.
"Safe and Sane Fireworks"means Safe and Sane Fireworks as defined in Health and Safety
Code Sections 12529 and 12562 and Title 19, Code of Regulations,Division 1, Chapter 6 as may
be amended.
5.90.020 Administrative Regulations
Unless specifically provided for in the Huntington Beach Charter If
de,the City
Manager may adopt reasonable administrative regulations to farthses and
administration of this Chapter.
5.90.030 General Prohibition of Possession, Sale or Use of FireExcept as provided in this Chapter,no person shall possess, sell , , ischarge any
fireworks, including, but not limited to, any Dangerous Firew fks, altered Safe and Sane
Fireworks, or other combustible device or explosive substan-e or any kind of fireworks by
another name.
5.90.040 Safe and Sane Fireworks
It shall be unlawful to possess, sell, display or disch ge within the City those fireworks that are
defined and classified as Safe and Sane Fireworks xcept as provided in this Chapter.
5.90.050 Exception—Public Displays and Th atrical Performances
Notwithstanding any other provisions of this Chapter, the Fire Chief or his or her designee may
at his or her sole discretion grant permits fof public displays or theatrical performances of
fireworks.
5.90.060 Safe and Sane Firew/andane
Permits Required
It shall be unlawful to sell Safe reworks within the City without having first applied
for and received a Permit.
5.90.070 Sale of Safe and Sane Fireworks—Application Process
Each year,the City Manager, ay issue Permits for the sale of Safe and Sane Fireworks to
Qualified Organizations byineans of a lottery system. The number of Permit Applications
considered for the lotte7/hall be determined by City Council by Resolution. If a question arises
as to whether a nonprofit, charity or group is a Qualified Organization as defined in this Chapter,
the City Manager will Make the determination at his or her sole discretion.
Prior to the lottery, Zy Qualified Organization that wishes to participate in selling Safe and Sane
Fireworks must cq. iplete a Permit Application and return it to the City Clerk prior to the dates
and times described by Resolution. No Qualified Organization shall be permitted more than one
location to sell �afe and Sane Fireworks. If more than one Permit Application is submitted,the
City may disr Bard one, or all, of the Permit Applications at its sole discretion.
15-4540/11 �87.docx
2
i= i 4;
Ord. 4045
In addition to information required in the Permit Application, the Qualified Organizatio/shall
provide the following:
A. A written and signed statement, that the Qualified Organization, prior to receipt of a
Permit, will provide the City a certificate evidencing policies of insurance as required by
the City pursuant to its administrative regulations.
B. Proof that the Qualified Organization meets the requirements of this hapter.
C. The Permit Application shall be signed by an authorized officer a director of the
Qualified Organization who shall attest to the veracity of all statements in the Permit
Application.
D. At least one or more representatives of a Permitee shall a nd a Fireworks Stand safety
seminar approved by the City. The failure of a Permitte- to attend the safety seminar
may result in the revocation of its Permit to sell Safe ,d Sane Fireworks.
The final Permit Applications with supporting documentat' n shall be filed with the City Clerk
as set forth by Resolution. In the event the Qualified Or 'zation is unable to provide the
information required on the Permit Application and an supplemental information required by
the City Manager or City Clerk,prior to submittal de line,the Qualified Organization will not
be permitted to participate in the lottery. The City erk may request information clarifying or
explaining the Qualified Organization's Permit A. lication.
5.90.080 Safe and Sane Fireworks—Operation of Fireworks Stand
A. No person shall knowingly sell fir/xcept
ks to any person under the age of 18 years old.
B. It shall be illegal to sell firework between noon and 10:00 p.m. on July 1 st, 2nd
and 3rd and between 10:00 a.m.,�and 9:00 p.m. on July 4th.
C. No person other than the indidi/duals who are members of the Qualified Organization or
the wives,husbands,parent or adult children of such members shall sell or otherwise
participate in the sale of S fe and Sane Fireworks.
D. No person under the ag of 18 years old shall sell or participate in the sale of Safe and
Sane Fireworks.
E. No person shall be .aid any consideration by the Permittee or any Fireworks Wholesaler
of Safe and Sane Fireworks for selling or otherwise participating in the sale of Safe and
Sane Fireworks/_ Ihis shall not apply to licensed security personnel during sale or non-
sale hours and)o the parry authorizing the location of the Fireworks Stand on its property.
The Fire Chief or his or her designee may revoke the fireworks storage permit and/or
local business permit of any Fireworks Wholesaler violating the terms of this section.
F! Safe and /e Fireworks must remain at the location listed on the Permit unless written
approval o relocate is obtained from the Fire Chief or his or her designee.
15-4540/116587.docx ti=
3
Ord. 4045
Unsold Safe and Sane Fireworks may be transported back to the Fireworks Wholesaler, utside
of the City, in compliance with Department of Transportation regulations for transpo 'ng
fireworks after 9:00 p.m. on July 4t'.
5.90.090 Safe and Sane Fireworks—Permits and Fees
Applicants shall apply for and obtain all City permits including but not limited� temporary
event, electrical, and fire permits. The City shall assess a regulatory fee on all afe and Sane
Firework sales to raise sufficient funds to pay for education and enforcement of this Chapter
including extra personnel time for fire inspection and enforcement duties. e fee shall be set
forth by Resolution.
Payment of the regulatory fee shall be made according to the terms th t appear on the invoice.
Failure to pay the amount invoiced may disqualify the Permittee from participating in future
lotteries at the sole discretion of the City Manager.
The Finance Department each year shall determine each Perini/ee's 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. After the F' ance Department receives the
financial statements,the Finance Department shall invoi each Permittee. The regulatory fee
shall not exceed 10% of the total gross sales of the fire w rks sold in the City by Permittees.
5.90.100 Safe and Sane Fireworks Temporary F' eworks Stand
A. Retail sales of Safe and Sane Fireworks ar only permitted in Fireworks Stands; retail
sales from any other building or structur is prohibited. Fireworks Stands must comply
with NFPA 1124 Code for the Manufa ture, Transportation, Storage, and Retail Sales of
Fireworks and Pyrotechnic Articles, urrent edition of the California Fire Code the
California Code of Regulations, Ti e 19, Division 1, Chapter 10.
B. The Fire Chief or his or her des' ee may create additional rules and regulations for the
operation of Fireworks Stands A copy of any such rules and regulations shall be posted
in a prominent place in eac ireworks Stand. Failure to comply with the rules and
regulations shall be grounds for the immediate revocation of any Permit granted under
this Chapter.
5.90.110 Safe and Sane Fire orks—Revocation of Permit
The Fire Chief or his or herdesignee may revoke, immediately and without notice or hearing,the
Permit of any Permittee who violates Federal, State or City laws. Any Permittee whose Permit
has been revoked shall e ineligible to participate in the lottery for two years from the date of
revocation.
5.90.120 Safe and Sane Fireworks—Limitation on Places and Hours of Discharge
A. It shall beunlawful for any person to ignite, discharge, project or otherwise use any Safe
and Sane'Fireworks, or allow the ignition, discharge or projection thereof on any beach,
wetland, public park or any area on the ocean side of Pacific Coast Highway.
15-4540/116587.docx
4
Ord. 4045
B. Subject to the exception noted above, it shall be unlawful for any person to ignite,
discharge, project or otherwise use any Safe and Sane Fireworks, or allow the i ion,
discharge or projection thereof, except on July 4th of each year between the ho s of
noon and 10:00 p.m.
C. It shall be unlawful for any person to ignite, discharge, project or otherwi e use any Safe
and Sane Fireworks, or allow the ignition, discharge or projection there , upon or over
or onto the property of another without his or her consent or to ignite, ischarge, project
or otherwise use any Safe and Sane Fireworks within 10 feet of any sidence, dwelling
or other structure,or oil well.
D. It is unlawful for any person, firm or corporation to ignite, dis arge,permit or otherwise
use any fireworks, including Safe and Sane Fireworks, wit ' the following areas of the
City:
l. Any public property, including, but not limited t public streets, highways,
sidewalks, alleys,parks or other publicly owne. property,buildings or facilities;
except for residential sidewalks, alleys and sheets;
2. Any property within a commercial district f the City as defined by the
Huntington Beach Zoning and Subdivisi Code, except for any nonconforming
residential use within such dis/Subdivision
or residential purposes as of the effective
date of the ordinance codified pter;
3. Any property within an industacturing district of the City as defined by
the Huntington Beach Zoning Code, except for any
nonconforming residential useh district used for residential purposes as
of the effective date of the ordinance codified in this section.
E. Fireworks shall not be ignited, dis harged,projected or otherwise used within 300 feet of
a Fireworks Stand.
F. It is unlawful for any person t store, sell or discharge any type of fireworks in or within
100 feet of a location where aso line or any other flammable liquid is stored or
dispensed.
5.90.130 Safe and Sane Firew�/rks.-Supervision of Minors
It shall be unlawful for any person having the care, custody or control of a minor under 18 years
old to allow such minor to ignite, discharge, project or otherwise use any Dangerous Fireworks,
at any time, or to allow such minor to ignite, discharge, project or otherwise use 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 provided for by this Chapter.
5.90.140 Seizure ofiFireworks
The Fire Chief or his or her designee may seize,take, remove or cause to be removed, at the
expense of the Permittee, Fireworks Wholesaler, or any person, whichever is applicable, all stock
of fireworks offered or exposed for sale, stored or held in violation of this Chapter.
r
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5
Ord. 4045
5.90.150 Fireworks Wholesaler Public Education Plan
Each Fireworks Wholesaler who is supplying an Permittee Safe and Sane Fireworks s all
annually submit a public education plan to the Fire Department no later than 5:00 p. . on June
1st of each year. The components of the public education plan shall be determined y the Fire
Chief or his or her designee each year.
5.90.160 Miscellaneous
A. This Chapter is not the exclusive regulation for fireworks within the ity of Huntington
Beach and does not supersede existing Federal, State or City statutes, regulations and
ordinances.
B. If any section, subsection, sentence, clause or phrase of this hapter 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,o'� e remaining portions of this
Chapter. The City Council hereby declares that it wo d have passed this Chapter and
each section, subsection, sentence, clause and phra4auses
thereof, irrespective of the fact that
any one or more sections, subsections, se/its
or phrases be declared invalid
or unconstitutional.
This ordinance shall become effective 30 days aption.
PASSED AND ADOPTED by the City/council of the City of Huntington Beach at a
regular meeting thereof held on the y of , 20_.
Mayor
ATTEST: APPROVED F F.M:
City Clerk City Attorney
REVIEWED AND APPROVED: D AN APP VED:
City Manager Assistant C' anager
15-4540/116587.docx
6
RESOLUTION NO. 2015-04
A RESOLUTION OF THE CITY COUNCIL OF(THE
CITY OF HUNTINGTON BEACH IMPLEMENTING
CHARTER SECTION 805 AND MUNICIPAL CODE CHAPTER 5.90
REGARDING SAFE AND SANE FIREWORKS
WHEREAS,the voters of the City of Huntington Beach approved an amendment to the
Huntington Beach Charter adding Section 805 permitting the sale and discharge of Safe and Sane
Fireworks subject to City Council regulations; and a
The Council finds that orderly distribution and sale of Safe and Sane Fireworks will be
accomplished by setting forth rules and procedures via resolution,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
SECTION 1. The City Manager is hereby authorized'6 implement this resolution,
Huntington Beach Municipal Code (HBMC) Chapter 5.90 and Charter Section 805.
SECTION 2. No Permit, as defined by the HESNIC, shall be issued to any Qualified
Organization that does not satisfy the requirements proded in this Resolution or HBMC
Chapter 5.90.
A. The maximum number of Permits that maybe issued shall be fifteen Permits during any
one calendar year as follows: A maximum of five Permits shall be issued to Qualified
Organizations in each of the three categories provided below, to which an applicant may
apply for only one of the categories: f y
Youth Sports—Youth sports orgadizations operating within the City whose main
purpose is to benefit a valid youth sports,activity. Examples include but are not limited to little
league, "ASYO" soccer, youth football/basketball, tennis, golf. This category does not include
high school extracurricular activities sports.
High School—High schoo. institutions or groups operating within the City that agree to
use the proceeds for the benefit of valid student extracurricular activities/sports.
Civic Organizations Civic organizations operating within the City whose main
g g P g
purpose is primarily for civiclbetterment, or charitable or religious purposes. This category does
not include high school extracurricular activities or youth sports, but does include adult sports
organizations.
B. Applications ma/be filed with the City Clerk beginning March I", continuing up to 5:00
p.m. on the last business day in March 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 shall be
submitted with the application. The deposit shall be refunded in the event that the
nonprofit organization or affiliate is not granted a Permit.
"icy ` - ; ,. •�'s:'�,`�!
15-4540/116499.docx
Resolution No. 2015-04
C. The City Clerk shall conduct a lottery to choose fifteen qualified Permittee�that may sell
fireworks in the City pursuant to HBMC Chapter 5.90. The lottery will be/conducted
during a City Council meeting and the City Clerk using some means/ficants
dom selection.
D. In Addition to the requirements of HBMC Chapter 5.90 Qualified A must be
organized primarily for veterans, patriotic, welfare, civic betterme , religious, athletic,
educational, youth development or charitable purposes; must have their principal and
permanent meeting place within the City; provides direct and reular community services
and benefits to the residents of the City; and have a minimum�ona fide membership of at
least 20 members who either reside in the City, are employe2n, the City, or are owners
or operators of a business or other establislunent located in the City.
E. If more than one application is submitted on behalf of r nonprofit organization or
affiliated organization, the City may disregard one or�11 of the applications at its sole
discretion. Any attempt to transfer an application shall void that application and may
preclude an applicant from participating in the lotte% in future years.
F. On a form provided by the City, Qualified Orgini ations shall provide: the proposed
location of the fireworks stand; the name, address and 24-hour 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; the proof of
the applicant's status as a qualified organization; date when the applicant was organized
and established; the names and addresses of the officers, if any, of the applicant; the
name, address, and California State Fire Marshal's license number of any wholesaler or
distributor from whom the QualifiedlApplicant or retailer proposes to purchase for resale;
the applicant's State Board of Equalization sales tax permit number; the manner, method
and times regarding how the applicant proposes to sell Safe and Sane Fireworks; a copy
of the requisite retail sales permitt issued by the Office of the California State Fire
Marshal; and evidence of a temporary sales tax permit from the California State Board of
Equalization.
SECTION 3. Permittees shall provide certificates of insurance evidencing the following
minimum limits with a California admitted carrier with a current A.M. Best's rating of no less
than an A.
A. General Liability: $000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability Insurance or other form with a
general aggregate limit is used, either the general aggregate limit shall apply separately
to this project/location or the general aggregate limit shall be twice the required
occurrence limit J"Claims made" designation is only acceptable for professional or
pollution liabil;ty insurance. The City of Huntington Beach, its officers, elected or
appointed officials, employees, agents and volunteers must be named as certificate
holder and as 'additional insured by separate attached endorsement. (This wording must
be exact.) t
B. Any deductibles, self-insured retentions or similar forms of coverage limitations or
modifications must be declared to and approved by the Ci „r <, -
15-4540/116499.docx
Resolution No. 2015-04
C. Permittee shall include all sub-Permittees or subcontractors, if any, as ins ed under its
policies or shall furnish separate certificates and endorsements for each b-Permittees
or subcontractors. All coverage for sub-Permittees shall be subject to 1 of the
requirements stated herein.
SECTION 4. Permittees agree, as a condition of receiving a Permit, to protect, defend,
indemnify, and hold harmless, the City, the City Council, its officers, etdcted or appointed
officials, employees, agents, and volunteers from and against any and 611 third party claims,
damages, losses, expenses,judgments, demands and defense costs, however caused, resulting
from death or injury to Permittee employees, volunteers, custome5, and/or any third party,
and/or damage to Permittee property, arising directly or indirectly out of the obligations or
operations undertaken by Permittee by virtue of the Permit issuance, caused in whole or in part
by any act or omission of the Permittee, any subcontractors, anyone directly or indirectly
employed or volunteers or anyone for whose acts any of them may be liable, including but not
limited to, concurrent active negligence, except where caused by the sole active negligence, or
willful misconduct of the City. `
In the event of an injury, claim, lawsuit, or any other/`dispute, the Permittee will conduct all legal
defenses to those injuries, claims, lawsuits, or anypther disputes, including the defense of the
City if applicable, at its sole cost and expense, and at no cost or expense to the City.
a
The City shall approve selection of Permittee's counsel. This defense and indemnity obligation
shall apply to all claims and liability regardless of whether any defenses and insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to
be provided by Permittee.
PASSED AND ADOPTED ty the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of , 2015.
Mayor
REVIEWED AND APPROVED: APPROV kJ TO
City Managers C' Attorney
3
IA ED AN APPR ED:
k
PP
6
ant City Manager
t-.
15-4540/116499.docx
Esparza, Patty
-rom: Surf City Pipeline [noreply@user.govoutreach.com]
ant: Thursday, February 12, 2015 6:58 AM
To: CITY COUNCIL; Agenda Alerts
Subject: Surf City Pipeline: Comment on an Agenda Item (notification)
Request#21263 from the Government Outreach System has been assigned to Agenda Alerts.
Request type: Compliment
Request area: City Council - Agenda& Public Hearing Comments
Citizen name: Joshua Canter
Description: Hello,
I just wanted to thank you for implementing safe & sane fireworks for the Fourth of July
in a safety-oriented manner. It's glad to see you working with the people and not agiainst
them.
Thank you.
Expected Close Date: February 13, 2015
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
onitored and will be ignored.
SUPPLEMENTAL
COMMUNICATION
Meeting Gate:
Agenda Item No.
i
Dombo, Johanna
prom: Surf City Pipeline [noreply@user.govoutreach.com]
ent: Monday, February 02, 2015 6:41 PM
ro: Dombo, Johanna
Subject: Surf City Pipeline: You have been assigned a new Request#: 21167
Request#21167 from the Government Outreach System has been assigned to you.
Request type: Comment
Request area: Fireworks
Citizen name: Timothy Golden
Description: The Huntington Beach Educational Foundation(HBEF) supports the Huntington Beach
City School District through donations and fundraisers. One fundraiser that the HBEF is
trying to put on is a firework booth. This booth would help generate income that the
HBEF can use to help purchase technology and books for the students of Huntington
Beach. Please consider the positive impact this fundraiser could have on the education of
our youngest community members.
Location: Huntington Beach
Expected Close Date: February 12, 2015
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
ionitored and will be ignored.
S'UP P LEW-1ENTAL
COMSRAUNICATION
Meeting Date: 1 /� 7/�
Agenda Item No. �/
Dornbo, Johanna
prom: Surf City Pipeline [noreply@user.govoutreach.com]
ent: Monday, February 02, 2015 2:53 PM
ro: Dombo, Johanna
Subject: Surf City Pipeline: You have been assigned a new Request#: 21161
Request#21161 from the Government Outreach System has been assigned to you.
Request type: Comment
Request area: Inquiry to a City Council Member
Citizen name: Patricia Hahn
Description: In regards to the non-charitable organizations and fireworks booths and the 10% fees
being considered! I feel that this is almost criminal to "tax" children! My kids are both in
club soccer and our teams consist of several severely low income families. Our club
doesn't provide scholarships - each team is responsible for their own. How many low
profit fundraisers do we have to do in order for these kids to raise their fees? The answer
is, it's impossible to raise that much on the typical fundraisers. A much more reasonable
fee would be appreciated. We're doing this for our children. For the city to take such a
large profit seems so wrong on so many levels. Thank you
Expected Close Date: February 12, 2015
Click here to access the request
`ote: This message is for notification purposes only. Please do not reply to this email. Email replies are not
monitored and will be ignored.
COMWUNICATION
Heeling Date:-------------
Agenda !tern No. //
Dornbo, Johanna
From: Surf City Pipeline[noreply@user.govoutreach.com]
ent: Monday, February 02, 2015 3:10 PM
(0: Dombo, Johanna
Subject: Surf City Pipeline: You have been assigned a new Request#: 21163
Request N 21163 from the Government Outreach System has been assigned to you.
Request type: Question
Request area: Inquiry to a City Council Member
Citizen name: Yvonne Mauro
Description: Please approve items 8-9 on tonight's agenda. Please consider a lessor fee for the local
charities than the suggested 10% of gross sales on fireworks.
While I understand there may be additional costs accrued, I would like to see a less
ambiguous amount considered as a standard fee.
Thank you
Expected Close Date: February 12, 2015
Click here to access the request
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ionitored and will be ignored.
P P LE AA E NTA L
COMMUMCATION
Meeting Date: f? 7 &-,?Z?
Agenda Item No.
Dombo, Johanna
From: Surf City Pipeline[noreply@user.govoutreach.com]
ant: Monday, February 02, 2015 6:30 PM
i o: Dombo, Johanna
Subject: Surf City Pipeline: You have been assigned a new Request#: 21166
Request#21166 from the Government Outreach System has been assigned to you.
Request type: Comment
Request area: Fireworks
Citizen name: Sheila Garland
Description: Please do not do a city cash grab with Fireworks and a 10% of gross fee to non-profits!
It is the wrong message to send. I also want to make sure there is one line included in the
final wording of the law. "This ordinance cannot be rescinded except by a majority vote
of citizens on a regular national ballot. No sitting HBCC can absolve this ordinance.
Thank you for your dedication to our city.
Sheila Garland
Resident since 1971
Location: Huntington Beach, CA
Expected Close Date: February 12, 2015
lick here to access the request
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monitored and will be ignored.
COMPYWNICATION
k"aeting Crate:
Agenda Item No. jJ
1