HomeMy WebLinkAboutOrd. No. 2007-1214
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
/