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Home My WebLink AboutSecond Reading of Ordinance No. 4025 adding Chapter 9.70 to (2) Dept.ID CA 14-006 Page 1 of 1 Meeting Date:5/19/2014 WOW CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 5/19/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Jennifer McGrath, City Attorney PREPARED BY: Jennifer McGrath, City Attorney SUBJECT: Second Reading of Ordinance No. 4025 adding Chapter 9.70 to the Huntington Beach Municipal Code Relating to Fireworks Statement of Issue: At the January 2013 Strategic Retreat, the City Council requested a fireworks ordinance holding property owners responsible for fireworks use. At the May 5, 2014 Council Meeting, Council changed direction and no longer requested an ordinance holding property owners responsible. Instead, Council directed the City Attorney's Office to modify HBMC 9.70 (first reading) to provide additional authority to cite civilly or criminally for firework use, possession, discharge, or display. Financial Impact: Not Applicable Recommended Action: Adopt Ordinance No. 4025, "An Ordinance of the City of Huntington Beach Adding Chapter 9.70 of the Huntington Beach Municipal Code Relating to Fireworks." Alternative Action(s): Do not adopt Ordinance No. 4025 adding Huntington Beach Municipal Code Chapter 9.70 Relating to Fireworks. Analysis: Currently, Huntington Beach Municipal Code 17.56.650 (Fire Code) prohibits the use of Safe & Sane fireworks. The Fire Department has the primary enforcement obligation of the Fire Code. Any modification to the City's Fire Code would require approval of the State Fire Marshall. The Police Department has primary enforcement of the balance of the Municipal Code, and it's adoption only requires the City Council approval to modify. The proposed Huntington Beach Municipal Code 9.70.010 would provide the Police Department with the additional requisite authority to cite civilly or criminally for firework use, possession, discharge or display. Environmental Status: N/A Strategic Plan Goal: Enhance and maintain public safety Attachment(s): 1. Ordinance No. 4025, "An Ordinance of the City of Huntington Beach Adding Chapter 9.70 of the Huntington Beach Municipal Code Relating to Fireworks" Item 16. - I I I -3 3s- ORDINANCE NO. 4025 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING CHAPTER 9.70 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. The Huntington Beach Municipal Code is hereby amended to add Chapter 9.70 relating to fireworks to read as follows: 9.70.010 Prohibition against possession, sale or use of fireworks. Unless otherwise allowed by the laws of the City of Huntington Beach, no person shall possess, sell, use, display or discharge any safe and sane fireworks, as defined in California Health and Safety Code Section 12529, or any dangerous fireworks as defined in California Health and Safety Code Section 12505, in the City of Huntington Beach. 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 19th day of May , 2014. Mayor ATTEST: APPROVED AS TO FORM: City Clerk +Ciyttorney REVI%; E 'D APPROVED: INITIATED AND APPROVED: i Manager ��J ity Attorney 144143/105689.doc Ord. No. 4025 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 May 5,2014, and was again read to said City Council at a Regular meeting thereof held on May 19,2014, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Katapodis,Hardy, Shaw, Boardman NOES: Harper, Sullivan ABSENT: Carchio ABSTAIN: None L 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 Independent on May 29,2014. In accordance with the City Charter of said City Joan L. Flynn, City Clerk CitJClerk and ex-officio Jerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Ordinance No. 4025 LEGISLATIVE DRAFT - - - -_- - - 9.70.010 Prohibition against possession. sale or use of fireworks. Unless otherwise allowed by the laws of the City of Huntington Beach. no person shall possess, sell, use, display or discharge any safe and sane fireworks, as defined in California Health and Safety Code Section 12529. or any dangerous fireworks as defined in California Health and Safety Code Section 12505, in the City of Huntington Beach. Dept. ID CA 14-004 Page 1 of 1 Meeting Date:4/21/2014 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 4/21/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Jennifer McGrath, City Attorney PREPARED BY: Jennifer McGrath, City Attorney SUBJECT: Approve for Introduction Ordinance No. 4025 Amending the Huntington Beach Municipal Code by Adding Chapter 9.70 Relating to Fireworks Statement of Issue: At the Strategic Planning Retreat held on January 31, 2014, the City Council approved a Strategic Objective directing the City Attorney's Office to prepare an ordinance holding property owners responsible for the use of illegal fireworks on their property. Financial Impact: N/A Recommended Action: Approve for Introduction Ordinance No. 4025, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding Chapter 9.70 Relating to Fireworks." Alternative Action(s): Do not approve for introduction Ordinance No. 4025 amending the Huntington Beach Municipal Code by adding Chapter 9.70 relating to fireworks. Analysis: Based on discussion and the general consensus of the City Council at the Strategic Planning retreat held on January 31, 2014, the direction provided to the City Attorney's Office was to draft an ordinance that prohibits anyone who owns, occupies, or resides in any property in the City from allowing or permitting someone on the property to possess, sell, use or discharge fireworks. In fulfillment of the Strategic Objective, the proposed ordinance is attached with this request for Council Action. Environmental Status: N/A Strategic Plan Goal: Enhance and maintain public safety Attachment(s): 1. Ordinance No. 4025, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding Chapter 9.70 Relating to Fireworks." I-T B -257- Item 10. - I ORDINANCE NO. 4025 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING CHAPTER 9.70 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. The Huntington Beach Municipal Code is hereby amended to add Chapter g p 9.70 relating to fireworks to read as follows: 9.70.010 Prohibition against possession, sale or use of fireLeach, orks. Unless otherwise allowed by the laws of the City of Hunting no person shall possess, sell, use, display or discharge any safe and sane fireworks as defined in California Health and Safety Code Section 12529, or any dangerous fireworks as defined in California Health and Safety Code Section 12505, in the City of Huntington Beach. 9.70.020 Property occupant/resident responsibility. Unless otherwise allowed b the laws of the City' Y of Huntington Beach, no person who is the occupant or resident of any property in the City of Huntington Beach shall allow or permit any person who is on any property he or she occupies or resides in to possess, sell, use, display or discharge any safe and sane fireworks, as defined in California Health and Safety Code Section 12529, or any dangerous fireworks as defined in California Health and Safety Code Section 12505. SECTION 2. This ordinance shalYb come effective 30 days after its adoption. PASSED AND ADOPTED by,9th City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2014. Mayor ATTEST: APPROVED AS TO FORM: City Clerk C y Attorney �t REVIEWED AND APPROVED: INITIATED AND APPR . VED: tA City Manager Fire Chief Y i 14-4143/105689.doc LEGISLATIVE DRAFT 9.70.010 Prohibition against possession, sale or use of fireworks. Unless otherwise allowed by the laws of the City of Huntington Beach, no person shall possess, sell, use, display or discharge any safe and sane fireworks, as defined in California Health and Safety Code Section 12529, or any dangerous fireworks as defined in California Health and Safety Code Section 12505, in the City of Huntington Beach. .70.020 Property bwner)responsibility. Unless otherwise allowed by the laws of the Cit of Huntin on Beach no erson who is th owner ccu ant or resident of any propertyin the City of Huntington Beach shall allow or ermjtany person who is on an roe he or she (Awns (ccu ies or resides in to possess, sell, use, display or discharge anv safe and sane fireworks, as defined in California Health and Safety Code Section 12529, or any dangerous fireworks as defined in California Health and Safety Code Section 12505. ORDINANCE NO. 4025 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING CHAPTER 9.70 OF THE HUNTINGTON BEACH MUNI PAL CODE RELATING TO FIREWORKS I The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The Huntington Beach Municipal Code is hereby' amended to add Chapter 9.70 relating to fireworks to read as follows: r 9.70.010 Prohibition against possession, sale or use ofireworks. Unless otherwise allowed by the laws of the City of Huntington Beach, no person shall possess, sell, use, display or discharge any safe and sane fireworks, as defined in California Health and Safety Code Section 12529, or any dangerous fireworks as defined in,California Health and Safety Code Section 12505, in the City of Huntington Beach. 9.70.020 Property owner Tensility. Unless otherwise allowed by the laws of the City of Huntington Beach, no person who is the owner, occupant or resident of any property id the City of Huntington Beach shall allow or per mi ny person who is on any property he or/she , occupies or resides in to possess, sell, use, display or discharge any safe and sane fireworks, as defined in California Health and Safety Code Section 12529, or any dangerous firew/rks as defined in California Health and Safety Code Section 12505. !� 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 day of , 2014. Mayor ATTEST: API,PROVED AS TO FORM: City Clerk `�, W City Attorney REVIE D APPROVED: _JN-ITIATEDIAND&APPVr: vim) C4} Manager ire Chief 14-4143/105689.doc