HomeMy WebLinkAboutOverview of the Proposed Fireworks Ordinance, City Council S Overview of the Proposed
Fireworks Ordinance
City Council Study Session
January 20, 2015
SUPPLEMENTAL
COMMUNICATION
meeting
Background
November 41 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 .
Key Elements of Draft Ordinance
• Staff recommends that 15 to 20 permits be issued
each year to non-profit organizations ( using a
lottery system ) allowing the sale of Safe and Sane
Fireworks within the City and be established by
resolution
• Prior to the lottery, Non Profit groups must
complete an application for a permit to sell Safe
and Sane Fireworks and applicant must be
deemed qualified to participate in the lottery
• All applications with supporting documentation
must be filed with the City Clerk by 5 :00 p. m . on
March 31st.
Qualified Applicant Requirements
Staff recommendations (established by
resolution) :
• Must be a registered non-profit organization
(Tax ID Number)
• 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
Qualified Applicant Requirements
Continued
• Minimum membership of at least 20 members
who reside, are employed, or are owner or
operators of a business or other establishment
located in City; schools that serve the
residents of the City; colleges located in the
boundaries of the City
• One permit per organization
Qualified Applicant Requirement Recommendations
Continued
• Must meet all of the above requirements for
at least twelve months preceding submittal of
an application (and continue to do so for the
duration of the permit)
• Meet all other requirements of the application
package
Permit options for consideration
Divide permits evenly into to 3 categories such
a s :
1 . Youth Sports
2 . High School Educational Institutions
3e Civic Organizations
Regulatory Fee
• Staff is recommending a regulatory fee be paid
by booth operators, not to exceed 10% of
gross sales, and established by resolution
• The funds would be used to pay for city costs
associated with the Ordinance including:
police and fire enforcement, daily fireworks
stand inspections,, and street sweeping
• Enforcement costs averaged $56,000 during
the 2 year trial period .
Allowable Dates and Hours of Sale and
Discharge
Sale of Safe and Sane Fireworks is only
allowed on July 1st, 2nd, and 3rd from Noon —
10:00 p . m . and on July 41h from 10:00 a . m ., —
9eo0 P . M . (Sale hours on July 4th extended from 8:00 pm previously)
• Discharge of Safe and Sane Fireworks is only
allowed on July 4 t" from Noon — 10:OOp. rn .
(Allows parade to be completed)
Discharge location Restrictions
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
Discharge Location Restrictions
Continued
• Public Property, including, streets, highways
and other publicly owned property, buildings
or facilities, except for residential sidewalks,
alleys, and streets. ( Previously not allowed on
residential streets or in downtown zones)
• Properties located in commercial and
industrial/manufacturing districts
Safety and Education Program
• Firework distributors must submit a public
education plan to the Fire Department each
year
• Plan must include detail of a public education
class to be conducted by each year by
distributer/wholesaler for all booth operators