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Home My WebLink About2017-06-27 - AGENDA REPORTS - CONSIDERATION OF AN URGENCY ORDINANCE AMENDING SAN (2)0 Agenda Item: 16 CITY OF SANTA CLARITA Q;" AGENDA REPORT NEW BUSINESS 7, CITY MANAGER APPROVAL: i DATE: June 27, 2017 SUBJECT: CONSIDERATION OF AN URGENCY ORDINANCE AMENDING SANTA CLARITA MUNICIPAL CODE SECTION 9.60.050.A PERTAINING TO PENALTIES AND ENFORCEMENT FOR VIOLATION OF CHAPTER 9.60 PROHIBITION ON FIREWORKS DEPARTMENT: City Manager's Office PRESENTER: Joseph Montes RECOMMENDED ACTION City Council introduce and adopt as an urgency ordinance via a 415 vote of the City Council entitled, "AN URGENCY ORDINANCE OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING SANTA CLARITA MUNICIPAL CODE SECTION 9.60.050.A PERTAINING TO PENALTIES AND ENFORCEMENT FOR VIOLATION OF CHAPTER 9.60 PROHIBITION ON FIREWORKS" BACKGROUND Chapter 9.60 of the Santa Clarita Municipal Code prohibits the sale, possession, purchase or use of fireworks within City of Santa Clarita (City) limits. Fireworks present health and safety risks related to potential personal injury and death, as well as property damage resulting from detonations and fires. Even "safe and sane" fireworks present such risks. Unfortunately, persons in Santa Clarita willfully violate the prohibitions of Chapter 9.60 annually. Chapter 9.60 was last updated in 2008. In 2013, Chapter 23.10 of the Code was updated to consolidate the various enforcement tools available to the City for a violation of any section of the Municipal Code. With the impending Fourth of July holiday, and the likelihood of repeat violations of Chapter 9.60, it is imperative that the City's Municipal Code clearly articulate the various enforcement mechanisms for violations of Chapter 9.60 and the associated fines for violations. It is further necessary that the code be amended on an urgency basis, to ensure that all enforcement tools are available to deter violations to the greatest extent possible for this coming Fourth of July holiday. The proposed ordinance will update Chapter 9.60 to make it consistent with the general code Page l Packet Pg. 151 enforcement chapter in the code. Once amended, a violation of Chapter 9.60 can be cited as an infraction or an administrative citation, prosecuted as a misdemeanor, or abated as a public nuisance. It should be noted, however, that the fines imposed wider Chapter 23.10 are lower than those provided for in Chapter 9.60. In order to further deter illegal firework activity, the higher fine levels of Chapter 9.60 ($500 for a first violation and $1,000 for a second violation) have been preserved in this amendment. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT None. ATTACHMENTS Fireworks Ordinance Page 2 Packet Pg. 152 ORDINANCE NO. 17 - AN URGENCY ORDINANCE OF THE CITY OF SANTA CLARITA, CALIFORNIA. AMENDING SANTA CLARITA MUNICIPAL CODE SECTION 9.60.050.A PERTAINING TO PENALTIES AND ENFORCEMENT FOR VIOLATION OF CHAPTER 9.60 PROHIBITION OF FIREWORKS WHEREAS, Chapter 9.60 of the Santa Clarita Municipal Code prohibits the sale, use, possession and display of fireworks within the City of Santa Clarita; and WHEREAS, notwithstanding such prohibition, people within the City continue to illegally use fireworks, both those labeled "safe and sane" and those that are much more powerful and dangerous, especially on or near the fourth of July; and 4) WHEREAS, the use of fireworks within the City limits creates an unreasonable risk of c personal injury from explosions, bunts and noise, as well as fire danger that could result in � property damage and personal injuries, including death; and 0 0 WHEREAS, Chapter 23. 10, govemi ng enforcement of violations of the Santa Clarita c Municipal Code, was revised in May of 2013 to consolidate enforcement tools within the code into one Chapter; and l rn WHEREAS, the continued violation of Chapter 9.60 and the updated Municipal Code Chapter goveming enforcement warrants clarification of Section 9.60.050 (Penalties) to emphasize that violations of the Chapter can be enforced in multiple ways; and c R c WHEREAS, this ordinance must take effect immediately to preserve the public peace, health and safety. With the impending fourth of July holiday, and the likelihood of repeat O violations of Chapter 9.60, it is imperative that the City's Municipal Code clearly articulate the various enforcement mechanisms and the associated fines for violation so that violations, with 3 their attendant risks to persons and property, can be deterred to the greatest extent possible. U. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAIN AS FOLLOWS: E t Q R SECTION 1. Santa Clarita Municipal Code section 9.60.050.A is hereby amended in its C entirety to read as follows: "Any violation of the provisions of this chapter are hereby declared a nuisance and may be prosecuted civilly or criminally pursuant to Title 23 of this code, as either an infraction, misdemeanor, civil nuisance or administrative citation; however, the fine for any administrative citation shall be five huidred dollars ($500) for a first offense and one thousand dollars ($1000) for any subsequent offenses that occur on or before the anniversary of the first offense." SECTION 2. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and Packet Pg. 153 every section, subsection. sentence. clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 3. Effective Date. This ordinance is hereby declared an urgency measure pursuant to the terms of Califomia Govemment Code section 36937(b) and shall be effective immediately upon adoption by a four-fifths (415a') vote of the City Council. SECTION 5. Publication. The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law. PASSED. APPROVED, AND ADOPTED this day of 2017. MAYOR ATTEST: CITY CLERK DATE: I, Mary Cusick, City Clerk of the City of Santa Clarita, certify Ordinance No. 17- was adopted by the City Council at a regular meeting held on the day of 2017, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance and was published in The Signal newspaper in accordance with State Law (G.C. 40806). CITY CLERK Packet Pg. 154