HomeMy WebLinkAboutOrd. No. 2007-1213
ORDINANCE NO. 1213
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AMENDING ORDINANCE
NO. 1124 TO MODIFY THE INDEX FOR CALCULATING
ANNUAL ADJUSTMENTS TO THE DEVELOPMENT
MITIGATION FEE FOR FUNDING THE WESTERN
RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT
CONSERVATION PLAN AND CODIFYING SAID
ORDINANCE AS CHAPTER 16.85 OF THE LAKE ELSINORE
MUNICIPAL CODE
WHEREAS, the City Council of the City of Lake Elsinore ("City") adopted
Ordinance No. 1124, after second reading on July 27, 2004, (the "MSHCP Fee
Ordinance") that established a citywide development mitigation fee for funding the
preservation of natural ecosystems in accordance with the Western Riverside
County Multiple Species Habitat Conservation Plan; and
WHEREAS, the MSHCP Fee Ordinance, modeled after the Model
Ordinance prepared and submitted by the Western Riverside County Regional
Conservation Authority ("RCA"), provides for automatic annual fee adjustments at
the beginning of each fiscal year based on the average percentage change over the
previous calendar year set forth in the Construction Price Index for the Los
Angeles metropolitan area; and
WHEREAS, the RCA has requested that all Permittees, including the City
of Lake Elsinore, modify their MSHCP Fee Ordinance to tie the automatic annual
fee adjustments to the Consumer Price Index for "all urban consumers" in the Los
Angeles-Anaheim-Riverside area as provided in the MSHCP implementing
documents and to ensure that all Permitees are annually adjusting their MSCHP
fees according to the same index; and
WHEREAS, the City Council desires to modify the MSCHP Fee Ordinance
pursuant to the RCA request and to codify Ordinance No. 1124, as amended, into
the Lake Elsinore Municipal Code as Chapter 16.85.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 9, "Automatic Annual Fee Adjustment," of the
MSHCP Fee Ordinance is amended as follows:
CITY COUNCIL ORDINANCE NO. 1213
PAGE20F4
Section 9. AUTOMATIC ANNUAL FEE ADJUSTMENT. The
fee established by this Ordinance shall be revised annually by means
of an automatic adjustment at the beginning of each fiscal year based
on the average percentage change over the pervious calendar year set
forth in the Consumer Price Index for "all urban consumers" in the
Los Angeles-Anaheim-Riverside area, measured as of the month of
December in the calendar year which ends in the previous fiscal year.
The first fee adjustment shall not be made prior to a minimum of ten
(10) months subsequent to the effective date of the ordinance codified
in this Ordinance. The fee, as adjusted annually, shall be compiled by
the County Executive Office and shall be included in an annual report
to the Board of Supervisors pertaining to the accounting for the
Western Riverside County Multiple Species Habitat Conservation
Plan fee as required by Government Code Section 66006.
SECTION 2. Section 4, "Local Development Mitigation Fee," of the
MSCHP Ordinance sets forth the amount of the MSHCP Fees effective upon
original adoption of the MSHCP Ordinance. In order to further clarify the effect of
the interim adjustments and the modification of the adjustment factor, the City
Council desires to modify the fee schedule set forth in said Section 4 as effective
July 1,2007 as follows:
Residential, density less than 8.0 dwelling units per acre - $1,860/du
Residential, density between 8.1 and 14.0 dwelling units per acre -
$1,191/du
Residential, density greater than 14.1 dwelling units per acre - $968/du
Commercial - $6,333/acre
Industrial - $6,333/acre.
SECTION 3. Ordinance No. 1124, as amended, shall be codified as
Chapter 16.85 of the Lake Elsinore Municipal Code as fully set forth in Exhibit
"A" attached hereto and incorporated herein by reference.
SECTION 4. If any provision, clause, sentence or paragraph of this
Ordinance or the application thereof to any person or circumstance shall be held
CITY COUNCIL ORDINANCE NO. 1213
PAGE30F4
invalid, such invalidity shall not affect the other provisions of this Ordinance and
are hereby declared to be severable.
SECTION 5. This Ordinance shall take effect July 1, 2007. The City
Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be
published and posted in the manner required by law.
INTRODUCED AND APPROVED UPON FIRST READING this 27th
day of March 2007, upon the following roll call vote:
AYES:
NOES:
COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNERi, MAGEE
COUNCILMEMBERS: KELLEY
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING
this 10th day of April, 2007, upon the following roll call vote:
AYES:
NOES:
COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, MAGEE
COUNCILMEMBERS: KELLEY
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE/ U
, ert E. Magee,
City of Lake Elsin e
CITY COUNCIL ORDINANCE NO. 1213
PAGE 4 OF 4
ATTEST:
l J(J~CU ~
Michelle 80to, Interim City Clerk
City of Lake Elsinore
APPROVED A~ T<} F()RM:
;" .'
J .
it tl ,\' /', J ~/ "
"iI', . _ . I .,''-.., .' Ilf /
/r fll t~,U{ ~{(f' ) "z'?'l Ut>
Birbara Zei(yteibord, City Attorney
City of Lake Elsinore
EXHIBIT "A"
Chapter 16.85
LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE
PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE
WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES
HABITAT CONSERVATION PLAN
Sections:
16.85.010
16.85.020
16.85.030
16.85.040
16.85.050
16.85.060
16.85.070
16.85.080
16.85.090
16.85.100
16.85.110
16.85.120
Title.
Findings.
Administrative Responsibility.
Definitions.
Local Development Mitigation Fee.
Imposition ofthe Local Development Mitigation Fee.
Payment of Local Development Mitigation Fee.
Refunds.
Accounting and Disbursement of Collected Local Development
Mitigation Fees.
Automatic Annual Fee Adjustment.
Exemptions.
Fee Credits and Waivers.
16.85.010. Title. This chapter shall be known as the "Western Riverside County Multiple
Species Habitat Conservation Plan Fee Ordinance" and shall be added as Chapter 16.85 of the Lake
Elsinore Municipal Code. (Ord. 1124 ~ 1,2004; Ord. _,2007)
16.85.020
Findings. The City Council finds and determines as follows:
A. The preservation of vegetation communities and natural areas within the City and .m........ummumm.
western Riverside County which~~pp()t:t.s'p~ci~s .c()vered bv the MSIIC]>. is.n.C?~.C?~~ary .t.C?P.I:ott:c~.~d..,...'" t~I~:~~,o~~~mmmmmmmmmmm.j
promote the health, safety and welfare of all the citizens of the City by reducing the adverse direct, .... . . r~i;;l;U;;:~~~~~;;;;d~~;;;:~d;;;:k~;'l
indirect and cumulative effects of urbanization and development and providing for permanent \,,,~:~~i.~~:.~.~~~~~~~.~,,~:.~,~~~,,~~,,~~~.:~.)
I .conservati()n of habitat for speciesc()v.ered. ~Y. th~. M~I:I<;~......................................................< ....j ;~;r~,:::::~:~,~:"~:=::,,:~~~,::,,.)
B. It is necessary to enact and implement certain development impact fees to ensure that ". ( Delete~:llr~~Smmmmmmmmmmmmmmj
all new development within the City pays its fair share of the costs of acquiring and preserving
vegetation communities and natural areas within the City and the region which are known to support ..1 Deleted: threatened, endangered or key
J'la.nt.~~ .\Vil~lif~.spe.cie.s .c()y.crc.<J. bYJhe.M~HCl>'B BOO'" BBmBBB' B' 00..00000000..... l sensitive populations of
C. A.,projJer filrtdillg ~o.urc.e .~C?p.ay. ~~. ~()~~. ~.SS()~~~t.~. ~i~ .l!litigati~gthe .dirt:ct, ill~irect.
and cumulative impacts of development to the natural ecosystems within the City and the region, as
identified in the MSHCP, is a development impact fee for residential, commercial, and industrial
~ _ ~ ~ Deleted: The ........................................................................1
- .... ..................................................................................................................j
development. The amount ofthe fee is determined by the nature and extent ofthe impacts from the
development to the identified natural ecosystems and or the relative cost of mitigating such impacts.
p. ____The MSHCP ancl.~~_~_(l~~IS F_ee !{~P(?!~~_~_~_oI'Y of~~h_~<?!~_i_s~)tlfile inth_(l_~:ityq~rk's___----t.~I.~.=..I.... . Hm)
office. provides ~ -b~sjs fal-tlle iInpositj~':l: _<?f ~~.veloI>In_~':l:t i_~I>ac:t Xee.s _~_~_ ':l:e'Y. _C?~~_struction~ _ _ _ _ _ _ _ _ _.:::: - - t.~I~: justifies. . H.... mm~
- ~ 1 Deleted: through preparation of the '1
i Nexus Fee Report, a copy of which is on
l file in the City Clerk's Office.
E. The use of the development impact fees to mitigate the impacts to the City's and the
region's natural ecosystems is reasonably related to the type and extent of impacts caused by
development within the City.
F. The costs of funding the proper mitigation of natural ecosystems and biological
resources impacted by development within the City and the region are apportioned relative to the
type and extent of impacts caused by the development.
G. The facts and evidence provided to the City establish that there is a reasonable
relationship between the need for preserving the natural ecosystems in the City and the region, as
defined in the MSHCP, and the direct, indirect and cumulative impacts to such natural ecosystems
!!ngl.?j.QJQgi.9.!!!...r~~9]J.r~~~.created by the types of development on which the fee will be imposed, and
that there is a reasonable relationship between the fee's use and the types of development for which
the fee is charged. This reasonable relationship is described in more detail in the MSHCP and the
Nexus Fee Report.
H. The cost estimates for mitigating the impact of development on the City's and the
region's natural ecosystem and biological resources, as set forth in the MSHCP, are reasonable and
will not exceed the reasonably estimated total of these costs.
I. The fee set forth herein does not reflect the entire cost ofthe lands which need to be
acquired in order to implement the MSHCP and mitigate the impact caused by new development.
Additional revenues will be required from other sources. The City Council finds that the benefit to
each development project is greater than the amount of the fee to be paid by the project.
J. The fees collected pursuant to this Ordinance shall be used to finance the acquisition
of the natural ecosystems and certain improvements described or identified in the MSHCP.
16.85.030 Administrative Responsibility. The Community Development Director of the City
shall be responsible for the administration of this Ordinance. Detailed administrative procedures
concerning the implementation of this Ordinance may be established and set forth in a resolution
adopted by the City Council.
16.85.040
meanings:
Definitions. As used in this Ordinance, the following terms shall have the following
"City" means the City of Lake Elsinore, California.
"City Council" means the City Council of the City of Lake Elsinore, California.
"Certificate of Occupancy" means a certificate of occupancy issued by the City in accordance
with all applicable ordinances, regulations, and rules ofthe City and state law.
"Credit" means a credit allowed pursuant to Section 16.85.12011 of this Ordinance, which
may be applied against the development impact fee paid.
"Development Project" or "Project" means any project undertaken for the purpose of
development pursuant to the issuance of a building permit by the City pursuant to all applicable
ordinances, regulations, and rules of the City and state law.
"Final Inspection" means a final inspection of a project as defined by the building codes of
the City.
"Gross Acreage" means the total property area as shown on a land division map of record, or
described through a recorded legal description of the property. This area shall be bounded by road
right-of-way and/or legal property lines.
"Local Development Mitigation Fee" or "Fee" means the development impact fee imposed
pursuant to the provisions of this Ordinance.
"Multiple Species Habitat Conservation Plan" or "MSHCP" means the Western Riverside
County Multiple Species Habitat Conservation Plan, adopted by the City Council on January 13,
2004.
"MSHCP Conservation Area" has the same meaning and intent as such term is defined and
utilized in the MSHCP.
"Ordinance" this Ordinance No. 1124 of the City of Lake Elsinore, California, adopting the
MSHCP Local Development Mitigation Fee.
"Project Area" means the area, measured in acres, from the adjacent road right-of-way line to
the limits of project improvements. Project Area includes all project improvements and areas that
are disturbed as a result of the project improvements on an owner's Gross Acreage, including all
areas depicted on the forms required to be submitted to the City pursuant to this Ordinance and/or
other applicable development ordinance or regulation of the City. Except as otherwise provided
herein, the Project Area is the area upon which the project will be assessed the Local Development
Mitigation Fee.
"Residential Unit" means a building or portion thereof used by one family and containing but
one kitchen, which unit is designed or occupied for residential purposes, including single-family,
multiple-family dwellings, and mobile homes on a permanent foundations, but not including hotels
and motels.
"Revenue" or "Revenues" means any funds received by the City pursuant to the provisions of
this Ordinance for the purpose of defraying all or a portion of the cost of acquiring and preserving
vegetation communities and natural areas within the City and the region which are known to support
threatened, endangered or key sensitive populations of plant and wildlife species.
"Western Riverside County Regional Conservation Authority" means the governing body
established pursuant to the MSHCP that is delegated the authority to oversee and implement the
provisions of the MSHCP.
16.85.050
Local Development Mitigation Fee.
A. To assist in providing Revenue to acquire and preserve vegetation communities and
natural areas within the City and western Riverside County which are known to support threatened,
endangered or key sensitive populations of plant and wildlife species, a Local Development
Mitigation Fee shall be paid for each Development Project or portion thereof to be constructed
within the City. The following fee shall be paid for each Development Project to be constructed
within the City. The fees are calculated using an Equivalent Benefit Unit methodology:
1.
unit
2.
dwelling unit
3.
dwelling unit
4.
5.
Residential, density less than 8.0 dwelling units per acre - $1,860 per dwelling
Residential, density between 8.1 and 14.0 dwelling units per acre - $1,191 per
Residential, density greater than 14.1 dwelling units per acre - $968 per
Commercial - $6,333 per acre
Industrial - $6,333 per acre
B. The amount of the Local Development Mitigation Fee shall be calculated on the basis
of the acreage of the Project Area, in accordance with the following:
1. The Project Area shall be determined by City staff based on the subdivision
map, plot plan, and other information submitted to or required by the City.
2. An applicant may elect, at his or her own expense, to have a Project Area
dimensioned, calculated, and certified by a registered civil engineer or licensed land surveyor. The
engineer or land surveyor shall prepare a wet-stamped letter of certification of the Project Area
dimensions and a plot plan exhibit thereto that clearly delineates the Project Area. Upon receipt of
the letter of certification and plot plan exhibit, the City shall calculate the Local Development
Mitigation Fee required to be paid based on the certified Project Area.
3. Where construction or other improvements on Project Area are prohibited due
to legal restrictions on the Project Area, such as Federal Emergency Management Agency designated
floodways or areas legally required to remain in their natural state, that portion ofthe Project Area so
restricted shall be excluded for the purpose of calculating the Local Development Mitigation Fee.
16.85.060 Imposition of the Local Development Mitigation Fee. Notwithstanding any other
provision of the City's Municipal Code, no permit shall be issued for any Development Project
except upon the condition that the Local Development Mitigation Fee applicable to such
Development Project has been paid.
16.85.070
Payment of Local Development Mitigation Fee.
A. The Local Development Mitigation Fee shall be paid in full in accordance with
applicable law.
B. The Local Development Mitigation Fee shall be assessed one time per lot or parcel,
except when additional construction or improvement on the lot or parcel results in the disturbance of
additional area.
C. The Local Development Mitigation Fee required to be paid under this Ordinance shall
be the fee in effect at the time of payment.
D. Notwithstanding anything in the City's Municipal Code, or any other written
documentation to the contrary, the Local Development Mitigation Fee shall be paid whether or not
the Development Project is subject to conditions of approval by the City imposing the requirement to
pay the fee.
E. If all or part of the Development Project is sold prior to payment of the Local
Development Mitigation Fee, the Project shall continue to be subject to the requirement to pay the
fee as provided herein.
16.85.080 Refunds. There shall be no refund of all or part of any Local Development
Mitigation Fee paid under this Ordinance except in cases of overpayment or miscalculation of the
applicable fee. Only in cases of overpayment or miscalculation ofthe fee will the person or entity
that paid the Local Development Mitigation Fee be entitled to a refund.
16.85.090
Accounting and Disbursement of Collected Local Development Mitigation Fees.
A. All fees paid pursuant to this Ordinance shall be deposited, invested, accounted for,
and expended in accordance with Section 66006 of the Government Code and all other applicable
provisions oflaw.
B. Subject to the provisions of this section, all fees collected pursuant to this Ordinance
shall be remitted to the Western Riverside County Regional Conservation Authority at least
quarterly, and will be expended solely for the purpose of acquiring and preserving vegetation
communities and natural areas within the City and the region which~~Pl'_<?!!_~Ee_c!~_~ _C~)~_\?~~_~ _~n_ ~he_ _. _ _ _- - - {D;;ieted: are known Io------J
J\.1"SllC~.P in accordance with the provisions of the MSHCP. -- ~-f Deleted: threatened, ~dangeredorkey "1
l..'....~'.!~~.....~~!'.~?.~~'...~r...~~~~..~~..~~I.ir.....J
C. The City may recover the costs of administering the provisions of this Ordinance
using the Revenues generated by the fees, in an amount and subject to the rules and regulations
established by the Western Riverside County Regional Conservation Authority.
16.85.100 Automatic Annual Fee Adjustment. The fee established by this ordinance shall be
revised annually by means of an automatic adjustment at the beginning of each fiscal year based on
the average percentage change over the previous calendar year set forth in the Consumer Price Index
for "all urban consumers" in the Los Angeles-Anaheim-Riverside area, measured as of the month of
December in the calendar year which ends in the previous fiscal year. The first fee adjustment shall
not be made prior to a minimum often (10) months subsequent to the effective date of the ordinance
codified in this Ordinance. The fee, as adjusted annually, shall be compiled by the County Executive
Office and shall be included in an annual report to the Board of Supervisors pertaining to the
accounting for the Western Riverside Multiple Species Habitat Conservation Plan fee as required by
Government Code Section 66006.
16.85.110 Exemptions. The following types of construction shall be exempt from the
provisions of this Ordinance:
A. Reconstruction or improvements that are damaged or destroyed by fire or other
natural causes.
B. Rehabilitation, remodeling, or minor additions to an existing Development Project.
C. Secondary residential units, constructed on developed residential property and
meeting all state and City requirements for such units.
D. Existing improvements that are converted from an existing permitted use to a
different permitted use, provided that no additional area of the property is disturbed as a result of
such conversion.
E. Development on a Project Area that is currently or has been previously improved.
F. Guest houses or dwellings, as permitted by law.
16.85.120 Fee Credits and Waivers. Any Local Development Mitigation Fee credit that may
be applicable to a Development Project, or any partial or full waiver of a Local Development
Mitigation Fee that may be applicable to a Development Project, shall be determined by the City in
cooperation with the Western Riverside County Regional Conservation Authority, which shall have
an auditing role in this process.
ORDINANCE NO. 1214
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE AMENDING AND RESTATING CHAPTER
8.52 OF THE LAKE ELSINORE MUNICIPAL CODE
REGARDING FIREWORKS
WHEREAS, Chapter 8.52 of the Lake Elsinore Municipal Code regulates
the use of fireworks within the City of Lake Elsinore; and
WHEREAS, in order to prevent personal injury and damage to property,
along with deterring violations of the City's fireworks prohibition, the City
Council has determined to amend and restate Chapter 8.52.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS:
SECTION 1. That Chapter 8.52 of the Lake Elsinore Municipal Code is
hereby amended and restated as follows:
CHAPTER 8.52
FIREWORKS
8.52.010 Statement of purpose and intent. The City Council of the City of
Lake Elsinore has determined that the provisions contained in this chapter are
necessary for the immediate preservation of the public peace, health, or safety
within the incorporated areas of the City of Lake Elsinore. Illegal fireworks are a
serious concern in the City for several reasons. First, fireworks are sold to children.
The U.S. Fire Administration has recently determined that children under the age
of 15 suffered 45% of all injuries from fireworks. Second, fireworks are often
stored without safety precautions in residential neighborhoods. Third, fireworks
can be disassembled for the explosive powder they contain to make bombs and
other explosive devices. Fourth and finally, fireworks often come from countries
where safety regulations for making fireworks are not as stringent as those for
fireworks manufactured in the United States. Accordingly, the adoption of this
chapter regulating the personal use and sale of illegal fireworks in the City are a
necessary to protect the public peace, health and safety of the citizens of the City
of Lake Elsinore.
CITY COUNCIL ORDINANCE NO. 1214
PAGE20F8
8.52.020 Definitions. As used in this Chapter, the following terms shall have
the meanings set forth herein:
"Agricultural and wildlife fireworks" means fireworks designed and
intended by the manufacturer to be used to prevent damage to crops or unwanted
occupancy of areas by animals or birds through the employment of sound or light,
or both.
"Dangerous fireworks" has the same meaning ascribed to it under Section
12505 of the California Health and Safety Code and includes all of the following:
1. Any fireworks which contain any of the following:
a. Arsenic sulfide, arsenates, or arsenites,
b. Boron,
c. Chlorates, except:
i. In colored smoke mixture in which an equal or greater
amount of sodium bicarbonate is included,
ii. In caps and party poppers,
iii. In those small items (such as ground spinners) wherein the
total powder content does not exceed four grams of which not
greater than fifteen (15) percent (or six hundred (600)
milligrams) is potassium, sodium, or barium chlorate,
d. Gallates or gallic acid,
e. Magnesium (magnesium-aluminum alloys, called magnalium, are
permitted),
f. Mercury salts,
g. Phosphorus (red or white except that red phosphorus is permissible
in caps and party poppers),
h. Picrates or picric acid,
i. Thiocyanates,
CITY COUNCIL ORDINANCE NO. 1214
PAGE30F8
j. Titanium, except in particle size greater than 100-mesh,
k. Zirconium;
2. Firecrackers;
3. Skyrockets and rockets, including all devices which employ any
combustible or explosive material and which rise in the air during discharge;
4. Roman candles, including all devices which discharge balls of fire into
the air;
5. Chasers, including all devices which dart or travel about the surface of the
ground during discharge;
6. Sparklers more than ten (10) inches in length or one-fourth of one inch in
diameter;
7. All fireworks designed and intended by the manufacturer to create the
element of surprise upon the user. These items include, but are not limited
to, auto- foolers, cigarette loads, exploding golf balls, and trick matches;
8. Fireworks known as devil-on-the-walk, or any other firework which
explodes through means of friction, unless otherwise classified by the State
Fire Marshal pursuant to this chapter;
9. Torpedoes of all kinds which explode on impact;
10. Fireworks kits;
11. Such other fireworks examined and tested by the State Fire Marshal and
determined by him or her, with the advice of the State Board of Fire
Services, to possess characteristics of design or construction which make
such fireworks unsafe for use by any person not specially qualified or
trained in the use of fireworks.
"Exempt fireworks" has the same meaning ascribed to it under Section
12508 of the California Health and Safety Code and means any special item
containing pyrotechnic compositions which the State Fire Marshall, with the
advice of the State Fire Advisory Board, has investigated and determined to be
CITY COUNCIL ORDINANCE NO. 1214
PAGE 4 OF 8
limited to industrial, commercial, agricultural use, or religious ceremonies when
authorized by a permit granted by the authority having jurisdiction.
"Fire chief' or "chief' means the fire chief of the City of Lake Elsinore or
his or her authorized representatives.
"Fireworks" has the same meaning ascribed to it under Section 12511 of
the California Health and Safety Code and means any device containing chemical
elements and chemical compounds capable of burning independently of the oxygen
of the atmosphere and producing audible, visual, mechanical, or thermal effects
which are useful as pyrotechnic devices or for entertainment. The term "fireworks"
includes, but is not limited to, devices designated by the manufacturer as fireworks,
torpedoes, skyrockets, roman candles, model rockets, rockets, Daygo bombs,
sparklers, chasers, fountains, smoke sparks, aerial bombs and fireworks kits.
"Fireworks kits" has the same meaning ascribed to it under Section 12512
of the California Health and Safety Code and means any assembly of materials or
explosive substances, which is designed and intended by the seller to be assembled
by the person receiving such material or explosive substance and when so
assembled, would come within the definition of "fireworks."
"Public display of fireworks" means an entertainment feature where the
public or a private group is admitted or permitted to view the display or discharge
of dangerous fireworks.
"Pyrotechnic operator" means any licensed pyrotechnic operator who, by
examination, experience, and training, has demonstrated the required skill and
ability in the use and discharge of fireworks as authorized by the license granted.
"Pyrotechnic special effects material" means a low explosive material,
other than detonating cord, commonly used in motion picture, television, theatrical
or group entertainment production for which a permit from the chief is required for
use or storage.
"Safe and sane fireworks" has the same meaning ascribed to it under
Section 12529 of the California Health and Safety Code and means any fireworks
which do not come within the definition of "dangerous fireworks" or "exempt
fireworks. "
CITY COUNCIL ORDINANCE NO. 1214
PAGE 5 OF 8
"Sheriff' means the acting Police Chief for the City of Lake Elsinore, or his
or her authorized representatives.
8.52.030
Prohibition.
A. General. No person shall have in his or her possession, or keep, store, use,
shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give or
transport any fireworks, dangerous fireworks, or safe and sane fireworks, except
for use as agricultural and wildlife fireworks or for use in a public display of
fireworks pursuant to a permit obtained under the provisions of Sections 12640-
12654 of the California Health and Safety Code, the Uniform Fire Code and this
chapter. Any property owner or person in control of property who allows a person
to sell, use, discharge or possess fireworks on the property owned by such person
or under such person's control shall be in violation of this section, irrespective of
such person's intent, knowledge or negligence, said violation hereby being
expressly declared a strict liability offense.
B. Manufacturing Prohibited. The manufacturing of fireworks, dangerous
fireworks, or safe and sane fireworks is prohibited except under special permits as
required by local and state regulations by the fire chief and the sheriff.
C. Pyrotechnic Special Effects Material. A permit is required to manufacture,
compound, store or use pyrotechnic special effects material. Permit application
shall be made to the fire chief and the sheriff. A permit shall be granted only to a
State Fire Marshall licensed pyrotechnic operator.
8.52.040
Displays.
A. General. Permits are required to conduct a public display of fireworks.
Permit application shall be made to the fire chief and the sheriff not less than
fourteen (14) days prior to the scheduled date of the display. The permit
application shall include a diagram of the grounds on which the display is to be
held showing the point at which the fireworks are to be discharged; the location of
buildings, highways and other lines of communication; the lines behind which the
audience will be restrained; and the location of nearby trees, telegraph or telephone
lines and other overhead obstructions. At the time of permit application, the fire
chief shall be consulted regarding the requirements for standby fire apparatus.
B. Under Supervision of Pyrotechnic Operator. Public display of fireworks
operations shall be under the direct supervision of a pyrotechnic operator. The
CITY COUNCIL ORDINANCE NO. 1214
PAGE60F8
pyrotechnic operator shall be responsible for all aspects of a display related to
pyrotechnics.
C. Bond Required. The permittee shall furnish a bond or certificate of
insurance in an amount deemed adequate by the fire chief and the sheriff for the
payment of damages which could be caused either to a person or persons or to
property by reason of the permitted display and arising from acts of the permittee,
agents, employees or subcontractors.
8.52.050 Exception. Nothing in this chapter shall be construed to prohibit the
use of fireworks by railroads or other transportation agencies for signal purposes or
illumination, or the sale or use of blank cartridges for a show or theater, or for
signal or ceremonial purposes in athletics or sports or for use by military
organizations.
8.52.060 Seizure and disposal.
A. It shall be the duty of the fire chief and his or her authorized representatives
and the sheriff and his or her authorized representatives to enforce the provisions
of this chapter.
B. The fire chief and his or her authorized representatives and the sheriff and his or
her authorized representatives shall have the authority to seize, take, and remove
any fireworks, dangerous fireworks, and safe and sane fireworks. The fire chief
and his or her authorized representative and the sheriff and his or her authorized
representative may charge any person whose fireworks are seized pursuant to this
section, a reasonable amount which is sufficient to cover the cost of transporting,
storing, handling, and disposing of the seized fireworks.
C. The additional remedies and procedures for violations of this chapter and for
recovery of costs related to enforcement provided for in Lake Elsinore Municipal
Code are incorporated in this chapter by reference.
8.52.070 Penalties.
A. Any person who violates any prOVISIon of this chapter is guilty of a
misdemeanor, and upon conviction shall be punished by a fine of not less than five
hundred dollars ($500.00) and not more than one thousand dollars ($1,000.00), or
by imprisonment in the county jail for a term not exceeding one year, or by both
such fine and imprisonment.
CITY COUNCIL ORDINANCE NO. 1214
PAGE 7 OF 8
B. Upon any second or subsequent conviction of the offense, the person shall be
punished by the penalties of a fine of one thousand dollars ($1,000.00) and by
imprisonment in the county jail for one year.
C. A person is guilty of a separate offense for each and every day or portion
thereof during which he or she commits, continues, or permits a violation of this
chapter.
D. Nothing in this chapter shall be intended to limit any of the penalties provided
for under the California Health and Safety Code or Penal Code with regard to the
sale, use, possession, delivery, and/or transportation of dangerous fireworks.
E. In addition to the above penalties, an administrative citation may be issued in
accordance with Chapter 1.20 of the Lake Elsinore Municipal Code. Violations of
this Chapter are subject to a fine of one thousand dollars ($1,000.00), unless
otherwise provided by resolution.
SECTION 2. If any provision, clause, sentence or paragraph of this
Ordinance or the application thereof to any person or circumstance shall be held
invalid, such invalidity shall not affect the other provisions of this Ordinance and
are hereby declared to be severable.
SECTION 3. This Ordinance shall take effect thirty (30) days after the
date of its final passage. The City Clerk shall certify as to adoption of this
Ordinance and cause this Ordinance to be published and posted in the manner
required by law.
INTRODUCED AND APPROVED UPON FIRST READING this 27th
day of March 2007, upon the following roll call vote:
AYES:
NOES:
COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER,
MAGEE
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
CITY COUNCIL ORDINANCE NO. 1214
PAGE 8 OF 8
PASSED, APPROVED AND ADOPTED UPON SECOND READING
this 10th day of April, 2007, upon the following roll call vote:
AYES:
NOES:
COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER,
MAGEE
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBER~ ~
Robert E. Magee, M or
City of Lake Elsino e
ATTEST:
~t ?1Ju
Michelle Soto, Interim City Clerk
City of Lake Elsinore
/