HomeMy WebLinkAboutStaff Report 4.B 05/04/2020I85`a
DATE: May 4, 2020
Honorable Mayor and Members of the City Council through City Manager
FROM: Brian Cochran, Assistant City Manager
Leonard Thompson, Fire Chief
Jessica Power, Fire Marshal
SUBJECT: Introduction (First Reading) of a Fireworks Host Ordinance
RECOMMENDATION
It is recommended that the City Council introduce the attached Fireworks Host Ordinance of the
City of Petaluma.
BACKGROUND
For over a decade the City of Petaluma has allowed consumer fireworks, also known as "safe
and sane fireworks" sales and use for the 4th of July Holiday. Despite the Petaluma Fire
Department's multi -step process which has included: I )Education --in the form of social media
campaigns, speaking engagements, information in City newsletters and on the City website, and
other available media; 2)Engineering--in the form of regulations strictly regulating fireworks
sales and use to state -approved fireworks, and permitting fireworks use only on July 4th; and 3)
Enforcement surrounding the July 4 holiday, ("3 E's Efforts"), the City has continued to
experience an increase in calls for service, with calls totaling more than 200 each year, and
continued illegal fireworks usage. The City has also devoted significant law enforcement
resources responding to fireworks calls for services, and significant staff time to cleaning up
fireworks litter from parks and other public places following July 4th
In response, on March 16th, 2020, the City Council adopted Ordinance No.2723 N.C.S.,
amending Section 17.20.070 of the Petaluma Municipal Code to add Section 5608.2 to Part 9 of
Chapter 56 of the 2019 California Fire Code as adopted by the City as a local amendment
pursuant to Section 50022.2 of the Government Code. Section 5608.2 as adopted prohibits the
possession, storage, offering or exposing for sale, sale at retail, gifting or giving away, use,
explosion, discharge, or disposal in any manner of fireworks within the City. Section 5608.2
bans fireworks of all types in Petaluma.
In 2019, the City of Rohnert Park adopted a Fireworks Social Host Ordinance. Unofficial
reports from Rohnert Park staff members describe it as successful in protecting the community
by disrupting the use of illegal fireworks and leading to seizure of illegal fireworks. The Rohnert
Park enforcement teams issued over 50 citations on July 4, 2019. Although Rohnert Park
continues to permit use of state -approved fireworks, its Fireworks Social Host Ordinance
provides additional enforcement tools that assist Rohnert Park law enforcement staff in
protecting the City from unlawful fireworks use and fireworks gatherings. The attached
ordinance for City Council consideration is modeled in part, on the Rohnert Park Fireworks
Social Host Ordinance, and on Petaluma's own Social Host Ordinance codified in Chapter 10.64
of the Municipal Code. Chapter 10.64 imposes penalties on property owns and others in control
of real property in the City that permit gatherings where alcohol is served to underaged persons.
Petaluma Police Department staff have reported that the City's Social Host Ordinance in Chapter
10. 64 of the Municipal Code has been an effective enforcement tool, and the attached ordinance,
which if approved would be codified as a new Chapter 10.65, next to the City's Social Host
Ordinance, is intended to make the same types of enforcement and cost recovery tools available
for unlawful fireworks use and fireworks gatherings in the City.
DEFINITIONS
• Safe and Sane/State Approved Fireworks: Fireworks approved by the Office of the State
Fire Marshal for sales and use within the State of California to the extent permitted by local
governmental bodies. These fireworks generally remain in a motionless position on the ground
and emit showers of sparks.
• Illegal Fireworks: These are fireworks not classified as Safe and Sane and that are banned by
State law. Typically, these devices make very loud exblosions and/or flv through the air or
across the ground. It is a misdemeanor or felony to possess or discharge these fireworks
anywhere in the State of California.
DISCUSSION
The amendments to Section 17.20.070 of the Petaluma Municipal Code to add Section 5608.2 to
Part 9 of Chapter 56 of the 2019 California Fire Code as adopted by the City on March 16tH
2020 banned all fireworks usage in the City of Petaluma. The attached Fireworks Host
Ordinance would provide the needed enforcement tools for Petaluma law enforcement staff to
effectively address unlawful fireworks use and fireworks gatherings in the City and to protect the
public from the related risks.
Despite the Fire Department's 3E's approach to addressing fireworks use on July 4th, the Fire
and Police Departments still receive close to two hundred calls for service related to fireworks
each year. These service calls are recorded citizen complaints through Police Dispatch, which
sends an enforcement team to the call.
Many of the 4th of July fireworks complaints received in the City in recent years have involved
people using illegal fireworks in their backyards, creating enforcement challenges for law
enforcement. City law enforcement personnel have also encountered enforcement challenges
regarding unlawful fireworks use resulting from people using safe and sane -type fireworks to
mask the use of illegal fireworks, as well as people using police scanners to monitor where
enforcement teams are traveling and scattering upon enforcement team arrival. In addition,
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enforcement efforts have been stymied by people withdrawing into garages after unlawful
fireworks use in driveways, and people firing mortar -type aerial rockets from their backyards.
People have also hosted large fireworks parties in the street and other places, making access and
enforcement difficult.
Adoption of the attached Fireworks Host Ordinance would provide staff an important additional
enforcement tool to prevent unlawful fireworks use and gatherings and avoid the related public
safety risks, and provide for more effective and efficient enforcement, reducing the impact of
unlawful fireworks use on City law enforcement staff.
Banning fireworks in Petaluma will not in itself solve the City's challenges related to unlawful
fireworks use and gatherings, however it will assist Petaluma law enforcement staff in protecting
the public from the dangers of fireworks use. It is anticipated that adoption of the attached
Fireworks Host Ordinance will provide for effective enforcement of the City's fireworks ban,
and that in time the deterrent effect of the Fireworks Host regulations will reduce the need for
extensive fireworks enforcement in the City. The attached ordinance contains enforcement
options that can help recover the cost of responding to fireworks complaints, including repeat
complaints of illegal fireworks use and gatherings at the same properties. Any increased revenue
that results from fines and penalties assessed for violation of the Fireworks Host Ordinance can
be applied to any needed increases in enforcement staffing.
PUBLIC OUTREACH
As a part of the 2020 Education and Enforcement Plan, additional information will be added to
public messaging to alert the community of the new Fireworks prohibition in effect in the City
and the Fireworks Host Ordinance. Public outreach will include bilingual messaging utilizing
social media channels, local newspaper media, radio stations, signage on Petaluma transit buses,
and any other available media.
FINANCIAL IMPACTS
There are no direct financial impacts to the City of Petaluma. Indirect financial impacts include
staff time for enforcement and education. It is anticipated that the Fireworks Host Ordinance will
allow for more effective enforcement efforts. The Fireworks Host Ordinance contains cost -
recovery mechanism to help reduce the financial burden of fireworks enforcement in the City.
To the extent a greater number of citations are issued as a result of adoption and enforcement of
the Fireworks Host Ordinance, the resulting fines can assist in paying for some of the staff time
required for enforcement.
ALTERNATES
1) Take no action.
2) Adopt the Fireworks Host Ordinance with modifications.
ATTACHMENTS
Attachment 1: Fireworks Safety Ordinance
ORDINANCE NO. N.C.S.
Introduced by
Attachment 1
Seconded by
AN ORDINANCE OF THE CITY OF PETALUMA, CALIFORNIA, ADDING A NEW
CHAPTER 10.65 TO THE PETALUMA MUNICIPAL CODE ENTITLED
"FIREWORKS HOST ORDINANCE" MAKING PROPERTY OWNERS AND OTHERS
IN POSSESSION OR CONTROL OF PRIVATE PROPERTY IN THE CITY LIABLE
PROPERTY
WHEREAS; for over a decade the City of Petaluma has allowed sales and use of
consumer fireworks, also known as "safe and sane fireworks," for the 4th of July Holiday; and
WHEREAS; despite the Petaluma Fire Department's multi -step program which includes
Education, consisting of social media campaigns, speaking engagements, information in City
newsletters and on the City website, and other available media, Engineering, consisting of
regulations strictly regulating fireworks sales and use to state -approved fireworks, and permitting
fireworks use only on July 4`h, and Enforcement, consisting of enforcement surrounding the 4th
of July holiday, ("3 E's Efforts"), the City has continued to experience an increase in calls for
service and illegal fireworks usage during the 4`h of July Holiday, straining available law
enforcement and fire prevention and enforcement resources, causing the City to incur significant
clean-up costs each year, and creating risks for the public health, safety and welfare; and
WHEREAS; notwithstanding the Fire Department's 3 E's Efforts, recent 4th of July
Holidays have resulted more than two hundred calls for service each year related to fireworks;
and
WHEREAS; many of the 4`h of July fireworks complaints received in the City in recent
years have involved people using illegal fireworks in their backyards, creating enforcement
challenges for law enforcement, and City law enforcement personnel have also encountered
enforcement challenges regarding unlawful fireworks use resulting from people using safe and
sane -type fireworks to mask the use of illegal fireworks, people using police scanners to monitor
where enforcement teams are traveling and scattering upon enforcement team arrival, people
withdrawing into garages after unlawful fireworks use in driveways, people firing mortar -type
aerial rockets from their backyards, and people hosting large fireworks parties in the street,
making access and enforcement difficult; and
WHEREAS; in response to the ongoing public safety response demands, clean-up costs
and health and safety risks from fireworks use in the City, on March 16th, 2020 the Petaluma City
Council adopted Ordinance No. 2723 N.C.S., amending Section 17.20.070 of the Petaluma
Municipal Code to add Section 5608.2 to Part 9 of Chapter 56 of the 2019 California Fire Code
as adopted by the City as a local amendment pursuant to Section 50022.2 of the Government
Code; and
WHEREAS, Section 5608.2 as adopted prohibits the possession, storage, offering or
exposing for sale, sale at retail, gifting or giving away, use, explosion, discharge, or disposal in
any manner of fireworks within the City; and
WHEREAS, it is anticipated that as a result of the fireworks ban adopted pursuant to
Section 5608.2, Petaluma law enforcement officials will continue to face enforcement challenges
such as they have traditionally experienced, requiring additional enforcement tools to prevent
unlawful fireworks use and fireworks gatherings on private property in the City; and
WHEREAS, Section 15061(b)(3) of Title 14 of the California Code of Regulations
applies to exempt this ordinance from the requirements of the California Environmental Quality
Act ("CEQA") because it can be seen with certainty that there is no possibility that the ordinance
will have a significant negative effect on the environment, and on the separate but related ground
that the ordinance is an action of the City to assure the maintenance, restoration, enhancement, or
protection of the environment where the regulatory process involves procedures for protection of
the environment in accordance with Section 15308 of the CEQA Guidelines, since the
prohibition contained in this ordinance against property owners and others permitting use of
fireworks on property they own or control constitutes regulatory procedures for protection of the
environment in accordance with Section 15308 of the CEQA Guidelines and because the
ordinance provisions will reduce the negative environmental impacts of use of fireworks in the
City, which negative environmental impacts may include noise, smoke, discharge and release of
toxic chemicals, toxic fireworks waste and fireworks -caused fires;
NOW, THEREFORE, be it ordained by the Council of the City of Petaluma as follows:
SECTION 1. Recitals Made Findings
The above recitals are hereby declared to be true and correct and are incorporated into this
ordinance as findings of the City Council.
SECTION 2. Environmental Review
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This ordinance is exempt from environmental review under the CEQ pursuant to Section
15061(b)(3) of Title 14 of the California Code of Regulations because it can be seen with
certainty that there is no possibility that the ordinance will have a significant negative effect on
the environment, and on the separate but related ground that the ordinance is an action of the
City to assure the maintenance, restoration, enhancement, or protection of the environment
where the regulatory process involves procedures for protection of the environment in
accordance with Section 15308 of the CEQA Guidelines. The prohibition contained in this
ordinance against property owners and others permitting use of fireworks on property they own
or control constitutes regulatory procedures for protection of the environment in accordance with
Section 15308 of the CEQA Guidelines because the ordinance provisions will reduce the
negative environmental impacts of use of fireworks in the City.
SECTION 3. New Chapter 10.65 Added
A new Chapter 10.65, entitled "Fireworks Host Ordinance," is hereby added to the Petaluma
Municipal Code, to read as follows:
10.65.010 Title.
This chapter is entitled and shall be known as the "Fireworks Host Ordinance."
10.65.020 Findings, intent and purpose.
A. The city council of the city of Petaluma, pursuant to the city's police powers under
Article XI, Sections 3 and 5 of the California Constitution, and the City Charter
established pursuant to such sections, has the authority to enact and enforce laws that
promote the public health, safety and general welfare of its residents. The use of
fireworks in violation of Section 17.20.070 of this code, and in particular Section 5608.2,
which is one of the local amendments to Chapter 56 of Part 9 of the 2019 California Fire
Code as amended by Section 17.20.070, is potentially harmful to the persons involved
and a threat to public health and safety, quiet enjoyment of residential property and the
general welfare. Persons in Petaluma may unlawfully use fireworks at private residences
or at rented residential and commercial premises and attend fireworks gatherings at such
premises that are under the control of a person who knows, or should know, of the
unlawful use of fireworks at the premises.
B. The city council finds that persons having possession or control of property may be
responsible for unlawful fireworks use on private property and for fireworks gatherings
on that property and/or may fail to ensure that fireworks are not used on such property
and in such gatherings. The city council further finds that problems associated with
unlawful fireworks use and fireworks gatherings are difficult to prevent and deter unless
peace officers and code enforcement officers in the Petaluma Police Department and in
the Fire Prevention Division of the Petaluma Fire Department have the legal authority to
direct hosts to cease unlawful fireworks use and to disperse fireworks gatherings and to
cite the responsible persons.
C. Law enforcement personnel have in the past been required to respond to unlawful
fireworks use on private property and gatherings on private property at which fireworks
were being used unlawfully. Law enforcement personnel have also received multiple
service calls in the same calendar year and/or successive calendar years concerning such
use and such gatherings at the same property. Such calls for service result in a
disproportionate expenditure of public safety resources and delay official responses to
other calls for service in the rest of the city.
D. An ordinance that imposes liability on property owners and other responsible persons
for unlawful use of fireworks and fireworks gatherings on the property is necessary to
deter and prevent such use and such gatherings. Persons who actively and passively aid,
allow, or tolerate such use and such gatherings should be held liable for permitting such
violations of the law and threats to the public health, safety and welfare, the nuisances
created by them and the costs associated with responding to them.
E. The purposes of this chapter include: protecting the public health, safety and welfare
by deterring unlawful fireworks use, and the health and safety risks such use creates, and
reducing the costs to the public of providing law enforcement response services to
unlawful fireworks use, both in terms of monetary costs and availability of law
enforcement personnel for other calls. These purposes are implemented by the imposition
of criminal penalties for fireworks hosts as well as the imposition of administrative
penalties for fireworks hosts and landowners (including landlords) and others in control
of private property and the imposition of fees to recover the costs incurred by the city in
providing law enforcement responses to private property where fireworks are used
unlawfully and fireworks gatherings occur at properties where previous such use and/or
gatherings have required law enforcement responses.
F. For these reasons, the Petaluma city council declares that unlawful fireworks use and
fireworks gatherings on private property are a threat to the public peace, health, safety
and general welfare, and a public nuisance as they affect at the same time the entire
Petaluma community as well as the neighborhoods in which they occur.
10.65.030 Definitions.
For the purposes of this chapter, the following definitions shall apply:
A. "City" means the city of Petaluma.
B. "Juvenile" means any person under eighteen years of age.
C. "Response costs" means the costs associated with responses by law enforcement and
first responders to private properties where fireworks are being used in violation of this
code, including but not limited to:
1. Salaries and benefits of law enforcement and first responder personnel for the amount
of time spent responding to, remaining at, or otherwise dealing with reports of unlawful
fireworks use, and the administrative costs attributable to such response(s);
2. The cost of any medical treatment to or for any law enforcement and first responder
personnel injured responding to, remaining at or leaving the scene of unlawful fireworks
use;
3. The cost of repairing any city equipment or property damage, and the cost of the use
of any such equipment, in responding to, remaining at or leaving the scene of where
fireworks are being used unlawfully; and
4. Any costs recoverable in accordance with California Civil Code Section 1714.9.
D. "Responsible person" means a person or persons with a right of possession of the
residence or other private property in the city at which unlawful fireworks use may occur,
including, but not limited to, the following:
1. Any owner of the residence or other private property, meaning the record owner of the
title to property as of the time of the unlawful fireworks use, wheresoever that person or
entity may currently reside;
2. A tenant or lessee of the residence or other private property;
3. The person(s) exercising control over the residence or other private property at the
time of the unlawful fireworks use; and
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4. The person(s) who organizes, supervises, officiates, conducts or controls the unlawful
fireworks use or any other person(s) accepting responsibility for such use. A responsible
person for unlawful fireworks use need not be present at such use.
E. "Fireworks gathering" means a party or gathering of two or more persons at a
residence or other private property in the city at which unlawful fireworks use is
occurring when that party or gathering is being conducted in such a manner as to
constitute a substantial disturbance of the quiet enjoyment of private or public property in
a significant segment of a neighborhood, as a result of conduct constituting a violation of
this chapter. Such conduct constituting a violation of law for purposes of this definition
includes, but is not limited to unlawful fireworks use, and unlawful fireworks use coupled
with excessive noise, excessive traffic, obstruction of public streets by crowds or
vehicles, or other disturbances of the peace, vandalism, littering, and any other conduct
that constitutes a threat to public health, safety, quiet enjoyment of residential property or
general welfare.
10.65.040 Duty of responsible persons.
It is the duty of responsible persons to not knowingly host, permit, or allow unlawful
fireworks use and/or fireworks gatherings at a residence or other private property in the
city concerning which the responsible person has a right of possession specified in
Section 10.65.030(D) and to take all reasonable steps to prevent such unlawful fireworks
use and/or gatherings at such residence or other private property. Reasonable steps
required pursuant to this section include, but are not limited to: not providing access to or
permitting use of fireworks at the property or a fireworks gathering; and supervising the
activities of persons and gatherings at the property.
10.65.050 Fireworks use and fireworks gatherings on private property unlawful.
It is unlawful and a public nuisance for any responsible persons to knowingly host,
permit, or allow fireworks use and/or fireworks gatherings to occur at private property in
the city concerning which the responsible person has a right of possession specified in
Section 10.65.030(D) in violation of this chapter. For purposes of this chapter, a
responsible person knowingly hosts, permits or allows fireworks use or a fireworks
gathering to occur in violation of this chapter whenever the responsible person is aware a
person has used or is using fireworks unlawfully at the property or a fireworks gathering
is occurring at the property or the responsible person reasonably should have been aware
a person has used or is using fireworks unlawfully at the property or a fireworks
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gathering is occurring at the property, had the responsible person taken all reasonable
steps to prevent such violations of this chapter in accordance with Section 10.65.040.
Violation of this section by any responsible person is subject to the criminal, civil and/or
administrative penalties set forth in this chapter in addition to recovery of response costs
in accordance with Section 10.65.110, and any other applicable penalties under
applicable law. It shall be prima facie evidence that the responsible person knew or
should have known of both the unlawful fireworks use and/ or the fireworks gathering if
the responsible person is present on the property at any point during the use or gathering.
To the full extent permitted by law, owners of properties as defined in Section
10.65.030(D)(1) shall remain responsible persons liable for violations of this chapter on
such property regardless of any contract or agreement regarding the property that
purports to provide otherwise.
10.65.060 Exception.
Owners, lessees and persons exercising control over private property in the city shall not
be deemed responsible parties liable for violations of Section 10.65.050 in accordance
with this chapter if such owners, lessees, or persons exercising control over private
property can demonstrate that at the time of a violation of Section 10.65.050 on the
property, the property was rented or leased to another person, the owner, lessee, or person
exercising control over the property was not present during the violation, and had no
prior knowledge that the violation would occur or knowledge that the violation was
occurring.
10.65.070 Fireworks use and hosting by juveniles.
In the event that a juvenile uses fireworks unlawfully or hosts a fireworks gathering at a
residence or other private property in the city in violation of this chapter, the parents or
guardians of that juvenile will be jointly and severally liable for any penalties and
response costs imposed pursuant to this chapter.
10.65.080 Criminal enforcement and penalties for violations.
Violations of this chapter may be prosecuted as misdemeanors punishable by a fine of not
more than one thousand dollars or by imprisonment for a period not to exceed six
months, or by both fine and imprisonment. At the discretion of the charging officer
and/or city attorney, violations of this chapter may also be charged as infractions as
defined in Section 19(c) of the California Penal Code. Violations charged as infractions
shall not be subject to imprisonment and shall be subject to a fine not exceeding five
hundred dollars for each offense. If a peace officer or code enforcement officer elects to
charge a violation of this chapter as a criminal violation, such officer shall issue a
criminal citation with a notice to appear, signed by the alleged violator. Alternatively, the
city attorney may prosecute violations of this chapter by filing a criminal complaint.
10.65.090 Civil and administrative enforcement and penalties for violations.
Violations of this chapter are declared to be public nuisances. Violations of this chapter
may be prosecuted as a nuisance and enforced by a civil court action as provided in
Chapter 1.13 or via administrative enforcement as a nuisance as provided in Chapter
1.14. Notwithstanding any other provisions of this chapter, whenever the existence or
continuance of any violation of this chapter or any nuisance condition poses an imminent
or immediate threat of harm to persons or property, or to public health, welfare or safety,
such violation or condition may be summarily abated in accordance with Section
1.15.010. Each and every day during any portion of which a nuisance condition exists or
continues may be deemed a separate and distinct violation for purposes of setting the
amount of penalty to be imposed. Any penalty imposed will accrue on a daily basis from
the date the penalty becomes effective.
10.65.100 Alternative remedies provided.
In addition to the other remedies specified in this chapter, violations of this chapter are
subject to the enforcement remedies in Chapters 1.10 through 1.12 and 1.15. In addition,
the city expressly reserves the right to utilize enforcement remedies available under any
applicable state or federal statute or pursuant to any other lawful power of the city. All
such remedies shall be alternative to or in addition to or in conjunction with, and not
exclusive of, one another. The election of remedies shall be at the sole discretion of the
city.
10.65.110 Recovery of response costs.
When a peace officer or officers or code enforcement officer makes an initial response to
a residence or other private property within the city where unlawful fireworks use or a
fireworks gathering is occurring in violation of this chapter and issues a citation for
violation of this chapter, the officer shall, in writing, inform any responsible person(s) at
the property that:
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A. The unlawful fireworks use or a fireworks gathering is in violation of this chapter;
and
B. The responsible person(s) may be charged for any response costs incurred for
subsequent responses to the property for unlawful fireworks use or a fireworks gathering
in violation of this chapter within a twelve-month period.
This warning will be given to all identified responsible persons at the time of the first
response to unlawful fireworks use or a fireworks gathering in violation of this chapter
where a citation is issued for violation of this chapter before assessing response costs
pursuant to this section for subsequent responses within a twelve-month period following
issuance of the citation. Within thirty calendar days of the initial citation, an additional
written warning shall be transmitted via certified mail to the record owner of the
residence or private property as shown in the records of the Sonoma County Assessor's
office.
When a peace officer or code enforcement officer responds to unlawful fireworks use or a
fireworks gathering in violation of this chapter at a residence or other private property
within the city within twelve months of a citation and warning given to responsible
person(s) at the same property, and an officer issues a second or subsequent citation
pursuant to this chapter, all responsible persons shall be jointly and severally liable for
the city's response costs concerning such second or subsequent unlawful fireworks use or
a fireworks gathering exists in violation of this chapter, but only to the extent that such
responsible person(s) concerning the first citation at such property remain responsible
person(s) for the second or subsequent citation at such property.
10.65.120 Imposition of liens or special assessments.
Any administrative penalty imposed for violation of this chapter, including any
administrative penalties pursuant to other codes or statutes to which violations of this
chapter are subject, and any administrative costs or other expenses of enforcement,
response costs as defined in this chapter, and the cost or expenses associated with the
abatement of a nuisance condition pursuant to this chapter, may be enforced by the
recordation of a lien or special assessment on the real property where the violation
occurred in accordance with and subject to the requirements of Section 1.14.140.
10.16.130 Authority to enforcement chapter.
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City peace officers, including members of the Petaluma Police Department and members
of the Petaluma Fire Department Fire Prevention Bureau, and City code enforcement
officers, who have the discretionary duty to enforce a statute or ordinance, may arrest a
person without a warrant pursuant to Penal Code Section 836.5 and other applicable law,
based on reasonable cause to believe the person has committed a violation of this chapter
in their presence, and otherwise enforce violations of this chapter in accordance with the
provisions of this chapter and applicable law.
10.65.140 Appeal of administrative enforcement.
A responsible person charged with violation of this chapter pursuant to Chapter 1.14 shall
be entitled to pursue the appeal procedures set forth in Section 1. 14.070 for responsible
persons named in notices of violations.
10.65.150 No mandatory duty of care.
This chapter is not intended to impose, and shall not be construed or given effect in a
manner that imposes upon the city, or any officer, employee, agent, or representative of
the city, a mandatory duty of care toward persons or property within or without the city
limits, so as to provide a basis of civil liability for damages, except as may otherwise be
imposed by law.
SECTION 4. Severability
The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of
this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance
is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality
shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences,
clauses, or phrases.
SECTION 5. Effective Date.
This ordinance shall be in full force and effective 30 days after its adoption and shall be
published and/or posted in the manner required by the City's charter.
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