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Home My WebLink About2008-08-26 - ORDINANCES - PROHIBITION FIREWORKSORDINANCE NO. 08-9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ADOPTING CHAPTER 9.60 OF TITLE 9 (HEALTH AND SAFETY) OF THE SANTA CLARITA MUNICIPAL CODE CONCERNING THE PROHIBITION OF FIREWORKS THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. FINDINGS. The City Council finds that: (a) The Bureau of Alcohol, Tobacco, Firearms and Explosives has discovered that the improper use of illegal fireworks has led to the injury of several individuals, including children. (b) The California State Fire Marshal declares that the use of illegal fireworks has resulted in a number of fire incidents leading to a large dollar -amount in property loss. (c) The use of fireworks poses a threat to public safety and welfare along with a significant diversion of Los Angeles County Sheriff's Department and Los Angeles County Fire Department resources from protecting the community. (d) Much of the terrain within the City is particularly susceptible to fire danger at certain times of the year. (e) For all of these reasons, the provisions of this chapter are essential to protect the public health, safety and welfare. (Ord. 94-8,6/14/94). SECTION 2. ADOPTION OF CHAPTER 9.60. Chapter 9.60 of Title 9 of the City of Santa Clarita Municipal Code is adopted to read as follows: "CHAPTER 9. 60 PROHIBITION OF FIREWORKS Section 9.60.010 Purpose and intent. Section 9.60.020 Definitions. Section 9.60.030 Fireworks within City limits. Section 9.60.040 Exceptions to fireworks within City limits. Section 9.60.050 Penalties. Section 9.60.060 Disposition of fines. 1 THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN: Section 9.60.010. Purpose and intent. The purposes of this chapter include protection of the public health, safety, and general welfare and a reduction in the number of fire incidents. Section 9.60.020. Definitions. "Fireworks" means and includes: (a) Any combustible ' or explosive composition or any substance or combination of substances or articles prepared for the purpose of producing visible, thermal, or audible effects by combustion, explosion, deflagration or detonation, whether manufactured, homemade, or improvised. (b) Fireworks classified by the State Fire Marshal as "dangerous fireworks" and as "safe and sane fireworks" pursuant to Health and Safety Code Sections 12505 and 12529, as amended. (c) Any pyrotechnic device for which the State Fire Marshal requires a license to manufacture, sell, transport, or operate. (d) Firecrackers, torpedoes, skyrockets, Roman candles, fountains, cherry bombs, sparklers, chasers, snakes, or other fireworks of like or similar construction and any fireworks containing any explosive or flammable compound or substance. Section 9.60,030. Fireworks within City limits. (a) Except as otherwise provided, it is unlawful for any person to handle, give away, sell, offer for sale, solicit the sale of, manufacture, possess, purchase, use, ignite, explode, fire, or otherwise discharge any "fireworks" within the City of Santa Clarita or to aid or abet any of the above with respect to "fireworks" as defined. (b) Any property owner or person in control of property who allows a person to sell, use, discharge, or posses fireworks, or provide fireworks to a minor, on the property owned by such a person or under such person's control shall be in violation of this ordinance, regardless of such person's intent, knowledge or negligence, such violation being hereby expressly declared a strict liability offense. Section 9.60.040. Exceptions to fireworks within City limits. (a) This prohibition does not apply to the discharge of approved fireworks by a licensed pyrotechnician at an event sponsored or approved by the city. (b) A public display of fireworks provided there is a permit authorizing such possession, 2 use, or discharge issued by the Los Angeles County Fire Department and such person, organization, or company is in possession of a valid pyrotechnic operator's license issued by the Office of the State Fire Marshal and done so in accordance with California Fire Code. (c) The use of fireworks for television, film, theater, or movie production, provided there is a permit authorizing such possession, use, or discharge issued by the Los Angeles County Fire Department and such person, organization, or company is in possession of a valid pyrotechnic operators license issued by the Office of the State Fire Marshal and done so in accordance with California Fire Code. (d) Flares or fuses used for illumination or signal purposes by railroad, Sheriff's, California Highway Patrol or other transportation agencies, or by individuals using such flares or fuses in connection with automobile accidents. (e) The sale or use of blank cartridges for theatrical purposes, athletic events, or military ceremonials. Section 9.60.050. Penalties. (a) Any violation of the provisions of this section which is found to be an infraction shall be punishable by a fine of $500 for the first offense and $1000 for any subsequent offenses. (b) In addition to any and all fines or other punishment for non-compliance with this ordinance, fireworks within the limits of the City of Santa Clarita are subject to confiscation and destruction by the Los Angeles County Sheriff's Department and the Los Angeles County Fire Department. Section 9.60.060. Disposition of fines. All fines collected by the City or Sheriff as penalties for violating this ordinance will be placed in the General Fund to cover the cost of enforcing this ordinance. SECTION 3. SEVERABILITY. If any one or more of the terms, provisions or sections of this Ordinance shall to any extent by judged invalid, unenforceable and/or voidable for any reason whatsoever by a court of competent jurisdictions, then each and all of the remaining terms, provisions and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable. SECTION 4. NON -EXCLUSIVITY. Nothing in this Ordinance shall limit or preclude the enforcement of other applicable laws. ✓ SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after its enactment in accord with California law. 3 SECTION 6. PUBLISHING. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this 26th day of August, 2008. P�11 WRI AR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) 1, Sharon L. Dawson, MMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 08-9 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 8th day of July, 2008. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the 26th day of August, 2008, by the following vote, to wit: AYES: COUNCILMEMBERS: Weste, McLean, Ender, Kellar NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Ferry AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 08-9 and was published in The Signal newspaper in accordance with State Law (G.C. 402606). CITY CLERK Dated M STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL ORDINANCE I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Ordinance No 08-9, adopted by the City Council of the City of Santa Clarita, CA on August 26, 2008, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of ,20 . Sharon L. Dawson, MMC City Clerk By Susan Caputo Deputy City Clerk 1