HomeMy WebLinkAboutOrdinance 2707 N.C.S. 12/16/2019EFFECTIVE DATE
OF ORDINANCE
December 16, 2019
ORDINANCE NO. 2707 N.C.S.
1 Introduced by Seconded by
2
3 Mike Healy Teresa Barrett
4
5
6
7 AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA ADDING SECTION 17.20.070
8 OF THE PETALUMA MUNICIPAL CODE TO ADOPT THE 2019 CALIFORNIA FIRE CODE, CALIFORNIA
9 BUILDING STANDARDS CODE, TITLE 24, PART 9, CHAPTER 56 BASED ON THE 2018 EDITION OF THE
10 INTERNATIONAL FIRE CODE, INCLUDING LOCAL AMENDMENTS TO SPECIFIED PROVISIONS OF THE
11 CALIFORNIA BUILDING STANDARDS CODE
12 WHEREAS, every three years, the City of Petaluma adopts local amendments to the State
13 Building, Residential, and Fire Codes, pursuant to California Health and Safety Code Section 17958.7;
14 and
15 WHEREAS, due to the PG&E Public Safety Power Shutoff and the Kincade Fire occurring in
16 October 2019, and those events' impacts on Sonoma County generally and the City of Petaluma
17 specifically, adoption of these local updates was delayed; and
18 WHEREAS, due to that delay, there is not sufficient time to adopt the local amendments as a
19 regular ordinance, requiring the City of Petaluma to adopt them as an urgency ordinance; and
20 WHEREAS, without this urgency ordinance, the state code would become the default, which
21 would not include important, relevant updates specific to the City of Petaluma; and
22 WHEREAS, for the immediate preservation of the public peace, health, and safety, this
23 ordinance is being presented as an urgency ordinance and shall take effect immediately in
24 accordance with Gov. Code, § 36937.
25 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
26 SECTION 1: FINDINGS
27 The City Council of the City of Petaluma finds that in order to best protect the health, safety
28 and welfare of the citizens of the City of Petaluma, the standards of building within the City
29 must conform with state law except where local climatic, geological, and topographic
30 conditions warrant more restrictive regulations. Therefore, the City Council should adopt the
31 current state building codes, contained in California Building Standards Code Title 24, and
32 other uniform codes governing the construction and regulation of buildings and structures with
33 the modifications and amendments contained herein.
34 Pursuant to California Health and Safety Code Section 17958.7, the City Council makes the
35 factual findings set forth in "Exhibit A" attached hereto and incorporated herein by reference,
36 and finds that the amendments made in this ordinance to the California Building Standards
37 Code Title 24, Parts 9, Chapter 56 is reasonably necessary because of the local climatic,
38 geological or topographical conditions described in Exhibit A.
'411,
Ordinance No, 2707 N.C.S.
Page 1
1 SECTION 2: CURRENT BUILDING CODES ADOPTED
2 Chapter 17.20.070 of the Petaluma Municipal Code, entitled "Fire Code Chapter 56 - Explosives and
3 Fireworks" is hereby added to read as follows:
4 17.20.070: Adoption of Fire Code Chapter 56 - Explosives and Fireworks
5 Pursuant to Section 50022.2 of the California Government Code, the following codes are adopted by
6 reference, including the amendments listed in this chapter which are made pursuant to the findings
7 of fact set forth in the adopting ordinance.
8 A. Part 9-2019 California Fire Code Chapter 56 - Explosives and Fireworks;
9 Section 105.6.40.139.2 is added to read as follows:
10 105.6.40.139.2 Retail Sales of Fireworks. An operational permit to engage in the sales or distribution
11 of state -approved fireworks is required.
12 Section 108.1 is amended to read as follows:
13 Section 109.1 Appeals
14 Fireworks Booth Sales Permits. Notwithstanding Section (a), the following appeals procedure shall
15 apply exclusively to permits for Fireworks Booths Sales under this Code. Any person aggrieved by a
16 decision of the Fire Chief, or his/her designee, to disapprove an application, refuse to grant a
17 permit, place conditions on a permit, or revoke a fireworks booth sales permit shall have a right of
18 appeal of the decision to the City Manager, or his/her designee. Such appeal shall be taken by
19 filing a written notice of appeal with the City Clerk within ten (10) days of the date of the decision.
20 The appeal shall set forth the grounds for the appeal and the name and address of the person
21 requesting the appeal. A failure to file a timely and complete appeal shall render the decision final
22 and conclusive. The City Manager shall, within ten (10) days of the filing of the appeal, set a time
23 and place for a hearing on the appeal. The appeal shall be set no less than five (5) days after the
24 filing of the appeal and no more than sixty (60) days after the filing of the appeal. The City
25 Manager's determination following the hearing shall be in writing and shall contain a statement of
26 the facts upon which the determination is based. The City Manager's determination shall be sent
27 first-class U.S. mail, postage prepaid to the person requesting the appeal, not later than ten (10)
28 days following the date of such determination. The determination of the City Manager shall be final
29 and conclusive.
30 Section 110.4 is amended as follows:
31 Chapter 56 - Explosives and Fireworks
32 Section 5602 is hereby amended to add the following definitions:
33 5602 Definitions
34 Affiliated Organization. For purposes of this Article, shall be presumed to be the following:
35 1. Organizations incorporated under the same charter or organization and their auxiliaries if the
36 auxiliary is incorporated under the same charter;
37 2. Organizations sharing the same officers and/or place of meetings and/or national parent
38 organization;
39 3. Subdivisions and/or fractional divisions however named or delineated of organizations;
Ordinance No. 2707 N.C.S. Page 2
1 4. Sub -organizations, one of whose primary purpose is to provide financial and/or manpower
2 support to a parent nonprofit organization.
3 However, different organizations affiliated with and officially recognized by any elementary, junior
4 high and/or high school and/or school district that serves, in whole or in part, the residents of the City
5 of Petaluma or any public or private community college, college and/or university located within
6 the boundaries of the City of Petaluma shall not be presumed to be "affiliated organizations' unless if
7 can be shown that they serve the same interest area or concern (i.e., boosters of high school
8 football and boosters of high school basketball would be presumed to be two different, non -
9 affiliated organizations).
10 Dangerous Fireworks. Dangerous fireworks shall mean dangerous fireworks as defined in Health and
11 Safety Code sections 12505 and 12561 and the relevant sections of Title 19, California Code of
12 Regulations, Subchapter 6, which are hereby incorporated by reference.
13 Fireworks Booth. Fireworks booth shall mean any building, counter or other structure of a temporary
14 nature used in the sale, offering for sale or display for sale of "safe and sane fireworks."
15 Nonprofit Organization. For the purposes of this Chapter, nonprofit organization shall mean any
16 nonprofit association, charity or corporation organized primarily for veterans, patriotic, welfare, civic
17 betterment, educational, youth development or charitable purposes pursuant to Internal Revenue
18 Code Sections 501 (c) 3, 4, 6, 7, 8, 10, 19, 23, or 26, Section 501 (d), Section 501 (e); or which has
19 been issued a tax-exempt certificate as required under the Revenue and Taxation Code of the
20 State of California; or a group which is an integral part of a recognized national organization having
21 such fax -exempt status; or a nonprofit organization affiliated with and officially recognized by an
22 elementary, junior high and/or high school and/or school district that serves, in whole or in part, the
23 residents of the City of Petaluma or public and/or private community college, college and/or
24 university which is located within the boundaries of the City of Petaluma.
25 Person. Person shall mean a natural person or a legal entity that is also an owner, tenant, lessee
26 and/or other person with any right f possession or control of the property where a violation of this
27 code occurred.
28 Piccolo Pete -Type Fireworks. Piccolo Pete -type fireworks are "safe and sane fireworks' as defined in
29 Health and Safety Code Section 12529 and 12562 and the relevant sections of Title 19, California
30 Code of Regulations, Subchapter 6, which are hereby incorporated by reference. "Piccolo Pete -
31 type fireworks" are also known and sometimes referred to and/or labeled as, and/or have
32 substantially the same appearance and discharge characteristics as, but are not limited to: "Piccolo
33 Pete," "Whistle Pete," "Nite Siren," "Whistling Phantom," "Screaming Willy" and "Whistling Pete."
34 Principal and Permanent Meeting Place. Principal and permanent meeting place shall mean a
35 permanent structure, playing field, geographic area or service population which resides in or is
36 located within the City of Petaluma.
37 Public Display of Fireworks. Public display of fireworks shall mean an entertainment feature where
38 the public is admitted or permitted to view the display or discharge of fireworks by a licensed pyro-
39 technician.
40 Qualified Applicant. Qualified applicant shall mean any group or organization which has met all of
41 the following criteria for a continuous period of not less than.one full year preceding submittal of an
42 application for a permit to sell required by this Chapter and which continues to meet the criteria for
43 the duration of any permit to sell issued by the City of Petaluma pursuant f this Chapter. A nonprofit
44 organization as defined in this Chapter:
45 1. The organization must have its principal and permanent meeting place within the City;
Ordinance No. 2707 N.C.S. Page 3
1 2. The organization must be one which provides direct and regular community services and benefits
2 to the residents of the City;
3 3. The organization must have a minimum bona fide membership of at least twenty (20) members
4 who either reside in the City, are employed in the City or are owners or operators of a business or
5 other establishment located in the City;
6 4. Neither the organization nor any of its officers and/or officials have been found by any court or
7 City administrative process to be in violation of any civil or criminal local, state or federal law relating
8 to fireworks within twenty-four calendar months prior to the organization's submittal of an
9 application for a permit to sell;
10 5. The organization has not had a permit to sell fireworks revoked within twenty-four months prior to
11 the organization's submittal of an application for a permit to sell.
12 Responsible Person. Responsible person shall mean a person who causes a violation of this Chapter
13 to occur or allows a violation to exist or continue, by his or her action or failure to act, or whose
14 agent, employee or independent contractor causes a violation to occur, or allows a violation to
15 exist or continue. There is a rebuttable presumption that the record owner of a residential parcel, as
16 shown on the county's latest equalized property taxes assessment rolls, and a lessee of a residential
17 parcel has a notice of any violation existing on said property. For purposes of this Chapter, there
18 may be more than one responsible person for a violation. Any person, irrespective of age, found in
19 violation of any provision of this Chapter may be issued a citation in accordance with the provisions
20 of this Chapter. Every parent, guardian or other person, having the legal care, custody or control of
21 any person under the age of eighteen (18) years, who knows or reasonably should know that a
22 minor is in violation of this Chapter, may be issued a citation in accordance with the provisions of this
23 Chapter, in addition to any citation that may be issued to the offending minor.
24 State -Approved Fireworks. State -approved fireworks shall mean "safe and sane fireworks" as defined
25 in Health and Safety Code sections 12529 and 12562 and the relevant sections of Title 19, California
26 Code of Regulations, Subchapter 6, which are hereby incorporated by reference. State -approved
27 fireworks are also known, and sometimes referred to, as "safe and sane fireworks."
28 Section 5614 is added to read as follows:
29 5614 Fireworks. Except as hereinafter provided, it shall be unlawful for any person to possess, store,
30 offer for sale, expose for sale, sell at retail or use or explode any dangerous fireworks or explode any
31 rocket, firecracker, Roman candle, squib, torpedo, torpedo cane, wire core sparkler, wooden core
32 sparkler, black cartridge or other combustible device or explosive substance, or any kind of fireworks
33 or dangerous fireworks by whatsoever name known within the City of Petaluma provided that the
34 Fire Chief shall have power to adopt reasonable rules and regulations for the granting of permits for
35 supervised public displays of fireworks by a public agency, fair association, amusement park or other
36 organization or for the use of fireworks by artisans in pursuit of their trade. Every such use or display
37 shall be handled by a competent operator approved by the Fire Chief and shall be of such
38 character and so located, discharged or fired as in the opinion of the Fire Chief, after proper
39 investigation, not to be hazardous to property or endanger any person.
40 Exception: State -Approved Fireworks: It shall not be unlawful to possess or sell, within the City, state -
41 approved fireworks and/or safe and sane fireworks as defined herein.
42 This section shall not apply to persons, businesses or entities licensed by the State Fire Marshal as a
43 wholesaler and/or import/export concern to legally possess or sell fireworks, including those
44 prohibited by this section, within the City for the primary purpose of sale and distribution outside the
45 City.
Ordinance No. 2707 N.C.S. Page 4
1 Notwithstanding any provision of this code, the City Council, upon advice of the Fire Chief, may in
2 any given fireworks sales year prohibit the sale and use of state -approved fireworks and/or safe and
3 sane fireworks when it is determined that conditions exist in the City, including but not limited to fire
4 weather events, fuel moisture, drought, limitations on available firefighting forces and/or other
5 condition, that create an extreme danger to the public health and safety and/or life and property
6 of the residents, businesses and visitors of the City.
7 Section 5614.1 is hereby added to read as follows:
8 5614.1 Fireworks - Conditions of Sales
9 (a) It is unlawful for any person, firm, corporation, association, or organization to sell or offer for sale
10 any fireworks within the City, except as expressly permitted by this Ordinance.
11 (b) Time of Sale. Subject to the provisions of the State Fireworks Law (California Health and Safety
12 Code, Division 11, Part 2, Chapters 1-7, Health and Safety Code Sections 12500-12801), and the
13 provisions of this code, state -approved fireworks, as defined in Section 12504 of the California Health
14 and Safety Code, may be sold within the City between the hours of 10:00 a.m. and 9:00 p.m. on
15 June 30th, July 1 st, July 2nd, July 3rd and July 4th. Pyrotechnic displays may deviate from these
16 restrictions subject to applicable provisions of the California Health and Safety Code, and provided
17 they are approved by the Fire Chief or his/her designated representative.
18 (c) Permit Required. No person, firm, corporation, association, or organization shall sell fireworks
19 within the City unless they are a qualified applicant and/or affiliated organization of a qualified
20 applicant as defined in this Chapter and have first obtained a permit therefor. Issuance of the
21 permit shall fulfill all municipal licensing requirements and fire safety conditions outlined by the Fire
22 Department. All permit applications shall be received in the Fire Prevention Bureau by no later than
23 the last day of May each year. No person, firm, corporation, association or other organization, other
24 than the qualified applicant or its authorized representatives shall operate the booth for which the
25 permit is issued or share or otherwise participate in the profits of the operation of such booth.
26 In addition to any fees established by resolution of the City Council for permit application,
27 processing, inspection and/or business licenses for any wholesale or retail sales of state -approved
28 fireworks, any qualified applicant for a permit for wholesale sales of state -approved fireworks shall
29 pay a non-refundable "Public Education and Compliance" fee, in an amount to be established by
30 resolution of the City Council, to cover the City's costs for enhanced public education and
31 enforcement of the regulations governing state -approved fireworks set forth in this section. The
32 "Public Education and Compliance" fee shall also include the costs associated with the cleanup
33 and removal of fireworks debris left on public rights-of-way, and all public properties such as City
34 parks, City Hall and other City facilities.
35 Nonprofit organizations licensed and permitted to sell state -approved fireworks in the City are
36 required to obtain a temporary sales tax permit from the local office of the State Board of
37 Equalization.
38 (d) Information Required on Permit. Each qualified applicant for such permit shall file a written
39 application with the Fire Prevention Bureau showing the following information:
40 1. Name and address of qualified applicant.
41 2. Location where the qualified applicant proposes to sell fireworks.
42 3. Places of storage for fireworks.
43 4. Evidence that the qualified applicant meets the criteria specified in this code.
Ordinance No. 2707 N.C.S. Page 5
I (e) Organization(s) Authorized to Sell. No permit to sell state -approved fireworks shall be issued to
2 any person except the following.
3 1. Organizations or local community service associations which constitute qualified applicants
4 and/or affiliated organizations of a qualified applicant, as defined in this Chapter.
5 (f) Determination of Eligibility by Fire Chief—Right of Appeal. The Fire Chief shall make a
6 determination as to which organizations, including qualified organizations, meet the criteria
7 specified in Section 5. Any aggrieved applicant may appeal the decision of the Fire Chief pursuant
8 to Appendix Chapter 1, Section 108.1.
9 (g) Maximum Number of Permits to Sell. The maximum number of permits to sell state -approved
10 fireworks shall not exceed eighteen (18) booths. Any person or organization which sold fireworks
11 from an outdoor temporary fireworks booth in the City of Petaluma pursuant to a permit issued in
12 2013 shall be entitled to apply for a permit, and upon meeting all of the standards and conditions
13 set forth in Section 5609.1 shall receive such permit. Only one (1) permit per organization will be
14 allowed.
15 (h) Abandon Permits. Any previous permit holder who does not apply and obtain a permit for each
16 consecutive year shall be deemed to have abandoned the right to such a permit. When a permit
17 has been abandoned, the permit will not be reissued or transferred to a new vendor.
18 (i) Revocation of Permits. If a fireworks booth permit is revoked by the Fire Code Official because the
19 permit holder failed to meet the standards and conditions set forth on the permit, the permit may be
20 considered abandoned.
21 (j) Total Number of Booths Permitted for an Entity, Organization, or Group. Fireworks sales permits
22 shall be limited to one (1) booth per qualified applicant. The purpose of limiting booths to one (1)
23 per applicant is to allow a maximum number of entities, organizations or groups to participate in
24 fireworks sales without creating an unfair advantage for one group over another.
25 (k) Assignment of Available Permits for the 2014 Fireworks Year. If the number of applications
26 received up to and including the last day of May, 2014 exceeds the number of permits to be issued,
27 the Fire Code Official shall forward a list of qualified applicants who did not hold permits to sell in the
28 prior year to the City Clerk who shall, not later than the 5th day of June, supervise an impartial
29 drawing to determine an order of priority for each application. Upon such determination, the City
30 Clerk shall forward to the Fire Code Official a list of applications, numbered in order of priority drawn
31 for investigation and issuance. Permits may be issued in order of priority drawn to those on the list
32 until the maximum of eighteen (18) booths is reached.
33 (1) Insurance Requirements as Condition of Sale. Each applicant for a permit shall file with the Bureau
34 of Fire Prevention, prior to the issuance of any permit, a policy of public liability insurance with
35 applicable coverage of a minimum of one million dollars ($1,000,000). No policy will be acceptable
36 which contains a provision allowing for a deductible amount. The City, its officers, employees,
37 agents and volunteers shall be named as additional insured on such insurance policy or certificate
38 of insurance by a separate specific endorsement in a form acceptable to the City's Risk Manager
39 and City Attorney.
40 (m) Hold Harmless and Indemnification. The fireworks distributor and the non-profit organization must
41 agree in writing to indemnify, defend with counsel acceptable to the City of Petaluma (hereinafter
42 "City"), and hold harmless City and its officers, officials, employees, agents and volunteers from and
43 against any and all liability, loss, damage, claims, expenses and costs (including, without limitation,
44 attorney's fees and costs and fees of litigation) (collectively "Liability") of every nature arising out of
45 or in connection with the Permit including, but not limited to, any and all activities authorized,
Ordinance No. 2707 N.C.S. Page 6
1 performed, allowed and/or required under the Permit, except such Liability caused by the sole
2 negligence or willful misconduct of City.
3 (n) Authorization of Property Owner. The property owner(s) of record or their designated
4 representative with authority to agree to the Applicant's conduct of the sales/storage of fireworks
5 on the identified property must acknowledge in writing that they have received and read the
6 application for fireworks sales/storage from a State -Approved Fireworks Booth to be located on the
7 property identified in the permit.
8 (o) Fireworks Booth—Restrictions on Sales.
9 1. No booth shall be located within twenty-five feet (25) of combustible buildings and/or building
10 openings (windows or doors) or within fifty feet (50') of any flammable storage or within one hundred
11 feet (100') of any gasoline pump or distribution point. Location of booths is contingent upon
12 approval from the Fire Chief or designated representative.
13 2. No booth shall have a floor area in excess of seven hundred fifty square feet (750' sq.). Each
14 booth shall have at least two (2) exits. Each booth in excess of forty feet (40') in length shall have at
15 least three (3) exits spaced approximately equidistant apart; provided, however, that in no case
16 shall the distance between the exits exceed twenty-four feet (24'). Exit doors shall not be less than
17 twenty-four inches (24") wide and six feet (6') in height and shall swing in the direction of exit travel.
18 3. All weeds and combustible materials shall be cleared in and around booth for a distance of at
19 least twenty feet (20').
20 4. "No Smoking" signs shall be posted on the booths. No smoking shall be allowed within any
21 fireworks booth.
22 5. No person under eighteen (18) years of age shall sell or participate in the sale of state -approved
23 fireworks at such booth. No person under eighteen (18) years of age shall be permitted inside the
24 booth during hours of operation. Each booth must have an adult in attendance and in charge of
25 operations whenever the booth contains, or is engaged in the sale of, fireworks. The permit holder is
26 solely responsible for ensuring the presence of said adult. For the purpose of this section, the term
27 "adult" shall mean any person so defined under California law.
28 6. All unsold stock shall be removed from the booth and located in an approved area immediately
29 after close of business on each and every day of operation.
30 7. All litter shall be removed on a daily basis.
31 8. The booth shall be removed from the temporary location and all litter shall be removed by 12:00
32 noon on July 8th.
33 9. All retail sales of state -approved fireworks shall be permitted only from within a temporary booth.
34 Sales from any other building or structure are prohibited.
35 10. Approved banners or other barricades to prohibit parking within twenty feet (20') of the booth
36 shall be provided.
37 11. No electrical devices or open flames are permitted within any booth.
38 Exception: A single electronic cash register is permitted in the booth. Power for device shall be
39 provided by a heavy duty type electric extension cord with a minimum of fifteen (15) amp rating.
40 There shall be no signs of mechanical damage, fraying or exposed wire insulation to the cord.
41 Approval of extension cord subject to inspection by the fire inspector.
Ordinance No. 2707 N.C.S. Page 7
1 12. Signs must be posted on each booth stating "No fireworks permitted in the unincorporated areas
2 of Sonoma or Marin Counties."
3 13. No person shall knowingly sell fireworks to any person under eighteen (18) years of age. Proof
4 that the fireworks booth permit holder demanded, was shown, and acted in reliance upon, bona
5 fide evidence of age and identity in any sale of fireworks prohibited by this section shall be a
6 defense to any proceedings for suspension or revocation of the permit holder's state -approved
7 fireworks permit or a criminal proceeding instituted by the City against the permit holder for
8 violations of this section. For purposes of this section bona fide evidence of age and identity of
9 purchaser shall mean a document issued by a federal, state, county or municipal government
10 which contains a photograph and date of birth of the purchaser including, but not limited to, a
11 valid California Driver's License or Identification Card issued to a member of the Armed Forces. Signs
12 shall be posted in conspicuous places on and in the booth indicating "No Fireworks Sales to Persons
13 Under the Age of 18 - Photo I.D. Required."
14 14. No person shall sleep or remain in any fireworks booth after close of business each day or at any
15 time when the booth is closed for business.
16 15. A fireworks booth need not comply with the provisions of the Building Code of the City of
17 Petaluma; provided, however, that every fireworks booth shall be erected under the supervision of
18 the Fire Chief who shall require that the fireworks booth be constructed in a manner which will
19 reasonably ensure the safety of attendants and patrons.
20 16. Each fireworks booth shall be provided with a minimum of one (1) model 2A1 OBC fire extinguisher
21 and one (1) 5 -gallon pressure water fire extinguisher, in good working order and easily accessible for
22 use in case of fire.
23 17. No person shall smoke within twenty-five feet (25') of any safe and sane fireworks booth. No
24 person shall light, cause to be lighted or permit to be lighted any fireworks or combustible material
25 within fifty feet (50') of any state -approved fireworks booth.
26 (p) Limitations on Places and Hours of Discharge.
27 1. It shall be unlawful for any person to discharge any state -approved fireworks in the City except
28 between the hours of 10:00 a.m. to 11:00 p.m. on July 4th.
29 2. It shall be unlawful for any person to ignite, discharge, project or otherwise fire or use, any state -
30 approved fireworks or permit the ignition, discharge or projection thereof, upon or over or onto the
31 property of another without the property owner's consent or to ignite, discharge, project or
32 otherwise fire or make use of any state -approved fireworks within ten feet (10') of any residence,
33 dwelling or other structure listed as a place of habitation by human beings.
34 3. The use of state -approved fireworks in the City shall be limited to private property except as
35 otherwise provided herein. No person shall ignite or discharge any state -approved fireworks on
36 private open areas such as parks, parking lots or vacant property, without the property owner's or
37 his or her designated agent's permission. No person shall ignite or discharge any state -approved
38 fireworks on public or semi-public open areas such as parks, parking lots or vacant property,
39 excluding public streets and sidewalks, except as authorized by the Director of Parks and Recreation
40 and the Fire Department, and, if applicable, the private property owner or his or her designated
41 agent.
42 4. Any person who discharges state -approved fireworks on public or private property shall be
43 responsible for the removal of all spent fireworks debris and litter or rubbish associated with the
44 discharge of fireworks, and for disposition thereof in an appropriate trash receptacle. Spent fireworks
45 debris shall be allowed to cool for at least thirty (30) minutes or immersed in water before discarding
46 to a trash receptacle.
Ordinance No. 2707 N.C.S. Page 8
1 5. No state -approved fireworks shall be discharged in the Fire Hazard Severity Zones (FHSZs) of the
2 City, as established and approved by the Petaluma Fire Department with the assistance of the
3 California Department of Forestry and Fire Protection and within the boundaries set forth on the FHSZ
4 map as defined in Section 17.20.040 of the Petaluma Municipal Code and kept on file in the Fire
5 Code Official's Office. All fireworks booths shall post a notice of such fireworks ban and a map
6 designating the FHSZ restrictions, in the form provided by the Fire Code Official's office. Booth
7 operators shall advise persons purchasing state -approved fireworks to review the notice and map
8 and advise them of the fireworks restrictions in the FHSZ.
9 6. Supervision of minors. It shall be unlawful for any person having the care, custody or control of a
10 minor (under eighteen (18) years of age) to permit such minor to discharge, explode, fire or set off
11 any dangerous, illegal fireworks at any time, or to permit such minor to discharge or set off any state -
12 approved fireworks unless such minor does so under the direct supervision of a person over eighteen
13 (18) years of age and during the hours and on the day permitted by this section.
14 (q) Qualified Applicant Reporting Requirement. On or before November 1 st of any sales year for
15 which a qualified applicant received a sale permit, the qualified applicant shall submit to the Fire
16 Code Official a financial statement by the treasurer or financial officer of the qualified applicant
17 setting forth the total gross receipts from the fireworks stand operated by the qualified applicant; all
18 expenses incurred and paid in connection with the purchase of fireworks and the sale thereof; and
19 to whom and for what purpose the net proceeds were or will be disbursed, along with the most
20 recent report filed by the qualified applicant with the State Board of Equalization. The filing of the
21 statement required by this section with the City shall be a condition precedent to the granting of
22 any subsequent permit, and a permit holder which fails to file such statement shall not be
23 considered a qualified applicant in any year subsequent to its failure to file. This shall be considered
24 an abandonment of the qualified applicant's permit.
25 (r) Any permit issued under this section may be revoked by the Fire Chief in case of any violation of
26 this section or any terms or conditions of the permit. The City Council may revoke said permits)
27 and/or prohibit fireworks sales at any time it deems necessary to protect the health, safety and
28 welfare of the citizens of the City.
29 Section 5614. 1.1 is hereby added to read as follows:
30 5614.1.1 Reports to Council.
31 (a) On an annual basis, before June 15th of each calendar year, the Fire Department will prepare
32 and provide to the City Council an education and enforcement plan. The plan will include the
33 following:
34 1. Education and enforcement program to be implemented in a given year; and
35 2. Other relevant information deemed necessary by the Fire Code Official to provide an overview of
36 the City's experience in fireworks enforcement relevant to that year's education and enforcement
37 programs.
38 (b) By no later than the last day of September, annually, the Fire Code Official will provide to the
39 City Council a fireworks after -action report. The report will include the following:
40 1. An evaluation of the success or failure of the education and enforcement plan; and
41 2. Relevant incident statistics for the period of June 17 through July 16th.
42 (c) All information and records which are otherwise exempt from public disclosure pursuant to the
43 Public Records Act will remain exempt from disclosure, despite inclusion of any such information
Ordinance No. 2707 N.C.S. Page 9
1 and/or records in an education and enforcement plan and/or after action report in order to avoid
2 any unintended effect on public safety operations.
3 Section 5614.2 is hereby added to read as follows:
4 5614.2 Prohibition of Sale and Use of Fireworks. It is unlawful for any person, firm, corporation,
5 association, organization or entity to sell or offer for sale any fireworks within the City except as
6 expressly permitted by this Ordinance. It is unlawful for any person, firm, corporation, association,
7 organization or entity to use any fireworks within the City except as expressly permitted by this
8 Ordinance.
9 Section 5614.3 is hereby added to read as follows:
10 5614.3 Storage of Fireworks. The storage and use of fireworks inside buildings is prohibited.
11 Exceptions: State -approved fireworks purchased by the public for individual or family use.
12 Section 5614.3.1 is hereby added to read as follows:
13 5614.3.1 Storage of State -Approved Fireworks - Retail. The storage of state -approved fireworks by
14 those conducting retail sales shall be in a non-combustible container or magazine as approved by
15 the Fire Code Official. The location of said storage shall be within the City limits of Petaluma and be
16 approved by the Fire Code Official.
17 Section 5614.3.2 is hereby added to read as follows:
18 5614.3.2 Prohibition Against Modification and Discharge of State -Approved Fireworks. No person
19 shall modify, tamper with, disassemble, rearrange and/or combine the contents or original
20 packaging of any state -approved firework, nor in any way remove the original packaging labels.
21 Section 5614.3.2.1 is hereby added to read as follows:
22 5614.3.2.1 Prohibition Against Possession, Use, Display or Discharge of Modified State -Approved
23 Fireworks. No person shall possess, use, display, discharge or explode any state -approved firework
24 that has been tampered with, disassembled and/or rearranged, nor shall any person possess, use,
25 display, discharge, explode or combine the contents of multiple state -approved fireworks or
26 combine, tape or change the originally intended purpose of state -approved fireworks.
27 Section 5614.3.2.2 is hereby added to read as follows:
28 5614.3.2.2 Prohibition Against Sale and Discharge of Piccolo Pete -Type Fireworks.
29 (a) Notwithstanding the provisions of Section 3309.2, no person shall sell, use, distribute, give away or
30 discharge, at any time, on any day, any "Piccolo Pete -type firework" or any firework having
31 substantially the same appearance and discharge characteristics as any of these. Additionally, any
32 retail sale, gift, or donation of any "Piccolo Pete -type firework" (or any firework having substantially
33 the same appearance and discharge characteristics as any of these) shall be a violation of this
34 section.
35 (b) Except as otherwise provided herein, it shall be lawful for any person to possess and/or transport
36 any "Piccolo Pete -type firework" within the City of Petaluma.
37 (c) This section shall not apply to persons, businesses or entities licensed by the State Fire Marshal as
38 a wholesaler and/or import/export concern to legally possess or sell fireworks, including those
39 prohibited by this section, within the City for the primary purpose of sale and distribution outside the
40 City.
Ordinance No. 2707 N.C.S. Page 10
1 SECTION 3: SEVERABILITY If any part of this Ordinance is for any reason held to be
2 unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such
3 decision will not affect the validity of the remaining parts of this Ordinance. The City Council
4 of the City of Petaluma hereby declares that it would have passed and adopted this
5 Ordinance and each of its provisions irrespective of any part being held invalid.
6 SECTION 4: CEQA The City Council finds that this Ordinance is not subject to the California
7 Environmental Quality Act ("CEQA") pursuant to Section 15060(c) (2) of the CEQA Guidelines
8 because the activity has no potential for resulting in a direct or reasonably foreseeable indirect
9 physical change in the environment, and pursuant to Section 15060(c) (3) of the CEQA
10 Guidelines because the activity is not a project as defined in Section 15378) of the CEQA
11 Guidelines.
12 SECTION 5: EFFECTIVE DATE/REFERENDUM PERIOD This ordinance shall become effective thirty
13 (30) days after the date of its adoption by the Petaluma City Council.
14 SECTION 6: POSTING/PUBLISHING OF NOTICE The City Clerk is hereby directed to post and/or
15 publish this ordinance or a synopsis of it for the period and in the manner required by the City
16 Charter. The City Clerk is also hereby directed to file a Notice of Exemption concerning this
17 ordinance with the Office of the Sonoma County Clerk in accordance with Section 15062 of
18 the CEQA Guidelines.
19 SECTION 7: EXPIRATION AND REPEAL Unless amended to extend its term or to otherwise remain
20 in effect, this ordinance shall expire, cease to be in effect and be automatically repealed
21 without further action of the City Council upon the effectiveness and implementation of
22 Ordinance 2710 N.C.S.
23 INTRODUCED, ordered posted, and ADOPTED this 16th day of December 2019, by the following vote:
24
25 Ayes: Mayor Barrett, Fischer, Healy, Kearney, King, Vice Mayor McDonnell, Miller
26
Noes:
None
27
Abstain:
None
28
Absent:
None
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
ATTEST:
4-M4� ' 9�
Samantha Pascoe, Deputy City Clerk
Teresa Barrett, Mayor
APPROVED AS TO FORM:
Ordinance No. 2707 N.C.S.
Page I I