Loading...
HomeMy WebLinkAboutStaff Report 4.C 02/23/2004a CITY OFTETALUMA, CALIFORNIA AGENDA ILL February , A' ends Title: troduction of Ordinance Incorporating Recommendations Made Meeting Date: February 23, 2004 y5the Fireworks Taskforce and Amending Petaluma's Fireworks Ordinance. Meeting Time X 3:00 PM Category (check one) ❑Consent Calendar Public Hearing New Business " X Unfinished Business ❑ Pre ntation Department Contact Person Phone Number. Fire Department b its Michael Ginn Albertson 778 -4390 of Fire Marshal Ginn 778 -4389 Cost of Proposal N/A Account Number N/A Amount Budgeted N/A Name of Fund: N/A Attachments to Agenda Packet. Item 1. Agenda Report 2. Ordinance with 2004 amendments M mmary Statement: his Agenda Bill recommends the Council approve amended changes to the Petaluma Municipal Fire Code. The genesis for these code changes arise from earlier recommendations presented to the Council by a fireworks task force and the Fire Chief. The.proposed amendments address two changes to the fireworks ordinance: • Banning the retail sales -of "piccolo Pete" or'other similar devices • Amendments to violation'arid,penalty language for fireworks violations An additional amendment unrelated to fireworks is also being recommended for consideration. This language developed by the City Attorney clarifies and prescribes specific procedures for an appeal process to a fire code interpretation. Recommended City Council Action /Su Bested Motion Council approve and adopt the proposed amendments to the Petaluma Municipal Fire: Code. Reviewed by , Finance. irector: e - Attorne : ate: A rov" i Manager: Date: D ie: TodaVs Date Revision# and'Date,,Revised. File Code: January 29, 2004 4 N/A mg/Fireworks ordinance 2004.doc LJ rl - 'CITY OF PETALAJMA CALIFORNIA FEBRUARY 23, 2004 AGENDA REPORT FOR Introduction of Ordinance Incorporating Recommendations Made 'by the Fireworks Taskforce and Amending Petaluma's Fireworks Ordinance. 1. EXECUTIVE SUMMARY The proposed amendments to the Petaluma Municipal Fire. Code (PMFC) are the result of unfinished business and direction by-the Council regarding the use of state approved fireworks' sales within the city limits. This ordinance is part two of two of the task force recommendations. Part one included approval of a resolution, authorizing the Fire Department,to continue with the Education and Enforcement Plan (also to be heard on 2/23/04). This portion involves the task force's recommendations for amendments to the PMFC as outlined above. The recommendations of the'task force include the following amendments to the PMFC. ® Banning the retail sales of "Piccolo Pete" or other similar devices ® Amendments to violation and penalty language for fireworks violations An additional language amendment, unrelated to .fireworks, but necessary to clarify appeal procedures for fire code interpretations is being piggybacked. on this ordinance amendment.. • 2. BACKGROUND On August 18, 2003, the Fire Chief requested the Council discuss ,and consider a ban on all fireworks sales and use in Petaluma. The ,Council voted to continue to :authorize sales of state approved fireworks. A task force was formed to review and discuss six specific, issues, generated by the wholesalers /retailers to improve the education and enforcement plan. On January 5, 2004,' the,Fire Chief presented 'a status report reviewing the findings and recommendation& of thelask force, including the adoption of an 'ordinancemaking amendments to the City's fireworks regulations. The first two amendments involve "Piccolo . Pete" -type fireworks. Piccolo Pete -type fireworks (and similar fireworks constructed by other manufacturers) are whistling type fireworks. Unfortunately, the y pp ed ,code amendment maakinfte g al explosive device. L p y this modificat modified d i to an ille Last devices ear the Council a han of 'unsupervised n modified i g a violation. of the PMFC. One of the compromises of the August 18, 2003 Council vote to continue the sales of state approved fireworks was a recommendation' from the wholesalers /distributors to ban the retail sales of Piccolo Pete -type devices within the city. The specific goal of , the ban is to 'reduce the- opportunities for modification by unsupervised youth:. The sales ban will be implemented this'coming Fourth of July with an exception permitting wholesalers to, dell the whistling devices previously packaged in large assortments left over from the previous year's sales. Assortments sold in 2005 will specifically exclude the whistling devices. The third amendment strengtheris penalties for illegal fireworks use. This language resulted from the City Attorney meeting with 'the task force regarding better ways to improve enforcement, fines and cost recovery for disposal of confiscated fireworks. The fourth amendment involves appeals under the PMFC. Currently, Section 1.7.20.080 of the PMFC provides that an applicant who is refused a permit or believes the. Fire Code has been misinterpreted, may appeal the decision to a board of building review. Section 17.20.080 has, been revised to continue allowing general Fire Code ,permits and interpretations to be heard: by a board of building review. y n g that provides for appeals regarding, fireworks sale permi Additionally,, anew section has been -added heard,b, the. City, Mana er-. These latter appeals' will follow;a streamluied procedure used by other for permitted ;business activities: In. the future, the board of building review will continue • to provide technical 'expertise; on: technical appeals while the City Manager hears appeal's :involving compliance with the fireworks permit sales regulations. 3. ALTERNATIVES The, only alternative is' to take no; action. This would-limit- : fireworks enforcement options of 'the Police; and. Fire Department ,and still allow piccolo pete or si filar devices to> be sold and discharged within the city. 4. FLNANCIAL IMPACTS There-are• no, direct costs associated with the proposed code amendments. Costs .associated with enforcement will be underwritten by fees collected from wholesalers /retailers °to implement the Education !and Enforcement Plan. The fireworks Education and Enforcement Plan and ,the `resolution. authorizing the..collection and.paymeat of the fees will be heard separately under the heading of New Business on the same night as this! ordinance proposal. S. CONCLUSION These tc6de amendments'will reduce the modification of piccolo Pete fireworks or similar devices as defined in the ordinance. Violations' and, penalty °issues as well as cost recovery 'for confiscated fireworks disposal will be enforced with .these language changes: Further,: the appeal procedures previously set forth.in the PMFC have been ,clarified to assure timelyprocess' i ng of'appe 6. OUTCOMES .OR. PERFORMANCE MEASUREMENTSfTHAT WILL IDFNTiFv qu C' . FSC`nR C'nMPYX..Tlnly- These code changes will take effect 30 days after asecond - reading of "the-Ordinance; set-to be before .Council .on March 8, 2004. 7. RECOMMENDATION The Council, adopt the proposed ordinance with amendments. .680693 SATireworks,04Tireworks Agenda -Bill amend ing'ordinance.doc Seconded by AN ORDINANCE OF THE CITY COUNCIL OF THE CITE' OF PETALUMAANIENDING SECTIONS 17.20.070 AND 17.20.080 OF THE.PETALUMA MUNICIPAL, CODE RELATING TO AMENDMENTS TO CALIFORNIA °BUILDING STANDARDS TITLE 24, PART 9, THE 2001 CALIFORNIA FIRE CODE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS-FOLLOWS: Section 1 . Findings. Pursuant to California Health and Safety .Code section 17958.7, the City Council makes the factual findings set forth in "Exhibit A" attached hereto and incorporated herein by reference, and finds that the amendments made in this :ordinance to California Building Standards Title 24, Part 9, the 2001 California Fire Code, are reasonably necessary because of the local climactic, geological or topographical conditions set forth in said exhibit. The City Council finds that Piccolo Pete -type fireworks present -an attractive nuisance to children in the W unity, may be modified for use contrary to their intended use and';therefore pose a serious threat to the public health, safety and welfare. Thus the City Council has prohibited the sale and use of such fireworks within the City. The City Council finds that illegal activities related to fireworks pose a serious threat to the public Health, safety and welfare. The City Council finds that enforcement actions undertaken by the City to investigate and prosecute illegal activities and costs related to the destruction of illegal fireworks require the p gni ty y City ex enditure of significant. Ci resources. Finally, . the Ci Council fin ds that curbing illegal activities related to fireworks and enforcements :costs related this' effort are a municipal affair. Thus, the City Council has established penalties for violations pursuant to Article XI, 'section 5(a) of the California Constitution. The City Council finds that the City has an interest in insuring that the City and persons aggrieved of decisions made by the Fire Chief, ,or his/her designee, have a due process right to appeal such decisions. The City Council finds that providing procedures for such appeals which allow for timely reconsideration of these .decisions by the City Manager of his/her designee provide a stronger protection of the City and the public's due pess rights than the current appeal procedures. Section 2 . Amendments. Petaluma Municipal Code section 17.20.070 entitled "Amendments made in the Uniform Fire Code" is hereby amended as follows: Amendment 1. Section 205 entitled "Definitions" is amended by adding ta definition of "Piccolo Pete type fireworks:" . "Piccolo Pete -type fireworks" shall : mean a state-approved firework item as defined in Health and Safety Code Section 12529 "and'12562 acid thexelevant sections of Title 19, California Code of Regulations Subchapter 6 which are hereby incorporated by reference. "Piccolo Pete -type fireworks" are also known and `sometimes referred, to and/or labeled as and' /..or have substantially the same appearance and, discharge characteristics as, but not limited to "Piccolo Pete ?? "'Whistle Pete, Nite Siren; Whistling Phantom," Screaming Willy, Whistling Pete. Amendment 2. 'Section 7802.3.2.3 is hereby add'ed`to read as follows: Prohibition Against Sale and Discharge of Piccolo Pete type Fireworks' A. Notwithstanding the provisions of Section 7802.1.1, no person shall, sell, use, distribute, gi �° away or discharge, at any time, on any, day, any "Piccolo Pete -type firework" 'or any firew having substantially the same- appearance and disclarge characteristics as any of these. Additionally, any retail sale, gift or donation of any "Piccolo Pete - type firework'' (or any firework. having, substantially the same appearance and discharge characteristics as any of these) shall be aviolation of this section. B. Except as otherwise'provided herein, it shall be lawful for any person to possess and /or transport any "Piccolo Pete -type firework "`within the City of`Petaluma. C. Except as otherwise provided herein, it shall be lawful in 2004, only -, to sell, any "Piccolo Pete- type firework" in the City of Petaluma, so long as' said item is contained in an existing fireworks assortment package containing other types of state- approved fireworks. D. This section shall not. apply to persons, businesses or entities licensed'by the State Fire Marshall as wholesaler and/or import/export concern to legally !possess or sell fireworks, including those prohibited by this section, within the City for the primary purpose of sale and distribution outside the City. Amendment 3. Section 103.4.4.1 entitled. "Citation Violation" is hereby amended'to read'as follow.s. 4 Violations and Penalties. 'A. Any violation of the provisions .of this section shall be .a misdemeanor. Notwithstanding the preceding sentence, a violation of the provisions of this section may be charged and prosecuted°; as an infraction at the discretion of the City Attorney's office or other enforcing • authority. B. Any person convicted of a misdemeanor under the provisions of this section shall be punishable by a:fine not to exceed one thousand dollars ($1,,000) or by impri sonment in the county jail for a period. of not more than six (6) months, or by both such fine and imprisonment. C. Any person convicted of an infraction under the provisions of this section shall be punishable by a fine as follows: 1. Upon a first conviction, by a fine not exceeding five hundred dollars ($500..00), or by court supervised community service, or by both, such fine and community service. 2. Upon a second conviction, by a fine not exceeding one thousand dollars ($1,000.00), or by court supervised community service, or by both such fine and community service. D. Any person convicted under the provisions of this section shall be required to reimburse the City for costs related to enforcement, including, but not limited to, investigation of violations, destruction of fireworks, and attorney's fees.. E. Nothing in this section,shall prohibit a court.from.imposing restitution upon any person convicted of a violation of the provisions of this section. Section 3 . Amendment. Petaluma Municipal. Code section 17.20:08.0 entitled "Appeals" is hereby amended as follows: Section 103.1.4.1 entitled "Appeals" is hereby amended to read as follows: A. Appeals. Whenever the Chief disapproves an application. or refuses to grant a_permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief to the board of appeals, which is designated to be the board of building review as heretofore established and. appointed according to Chapter 17.08 of this code, within thirty days from the date of the decision appealed. The Fire Chief shall act as secretary of the board when it is hearing. appeals concerned with the Uniform Fire Code. - B. Fireworks Booth Sales Permits. Notwithstanding section A, the following appeals procedure shall apply exclusively to permits for Fireworks Booths Sales under this Code. Any person aggrieved by a decision.of the Fire Chief, or his/her designee, to disapprove an application, refuse to grant a permit, place conditions on a permit, or revoke a permit shall have a right of appeal of the decision to the City Manager; or his/hef designee. Such appeal shall be taken by filing a written notice of appeal with the City Clerk within ten (10) days of the date of the decision. The appeal shall set:forth the grounds for the appeal and the name and address of the person requesting the appeal. A failure to file a timely -and complete appeal shall render the •' decision final and conclusive. The City Manager shall, within ten (10) days of `_the filing of the appeal set atime and place for a hearing on the appeal. The appeal shall. be set no less than five (5) days after the filing of the appeal and no more than sixty (60) days after the filing of the appeal. The City Manag&s, deterrnination.following the hearing shall be in, writing:and shall contain d.statement of the facts upon which the determination is based. The City Manager's determination, shall be sent first - class U.S. mail postage prep did `to the person, requesting the appeal, not later than ten 0b) days I following:the date of such determination. The determination of the City Manager. shall be final and conclusive. Section 4 . Repeal. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section '5 . Full, Force and'Effect. Except as herein amended, all provisions of,Petaluma 1vlunicipaI Code sections 17.20:070 and 1720:080 shall remain in full force and effect. Section 6 . Severability. If any section,. subsection, ;sentence, clause or phrase or word' of this ordin a is for any'reason.held to be unconstitutional, unlawful or otherwise invalid by a court, competent jurisdiction, such decision shall not affect,the validity of the remaining portions of this ordinance. The City Council of the City of Petalumahereby declares that it would have passed and adopted'thi's ordinance and each and all, provisions thereof irrespective of the: fact that any one or more of said provisions be declared unconstitutional,, unlawful or otherwise' invalid. Section 7 . Effective Date. This ordinance shall, become effective thirty,(30) days after the date of its adoption by the Petaluma City Council. Section 8 . Posting. The City Clerk is hereby directed to post this ordinance for the .period and in the manner required by the City Charter. INTRODUCED and ordered posted/published this _ day February, 2004. ADOPTED this day of 2004 by the following vote: C7 AYES: NOES';, ... 4 .� ABSENT: tk ATTEST: City Clerk 680577 Mayor APPROVED AS TO FORM: City Attorney • o p• i•`w''ir - 1.. '4 7 9 - .10 F N�S 0� ACT tiEn T T - r OR C'- c /� _ �Gr� OR�IOD OC_ oOlvTITO L�i� O P;.tii IR,F C0D_ ; 1 99- ��0�, TO R!- S CRANWTPS' OR yIOD TC_ I'IO 'S : Pursuant to Section 1 1 7 9 5) 8 o7 the State of California Health and Safety Code the aovernin c ood-y of the City of- Petaluma in its ordinance adopting, and amending the 1997 Edition of the liniior Fire'.Code change of the State Building Standards Coae as r del o s or modules certamprovisions `ta-L to the r�Qularion of buildings used for human habitation. A copy of the text of such chang =s or modifications is attached. 11 Fhy_DT�;GS: Pursuant to Sections 17958.; -g 12 a d = 5`8:. (a) of the State of California 13 Health and Safer Cbde, the go Y e, Ciry of Petaluma has determined and 'IliIl DOQy of'-he , 1- that all the attached changes or modin °cations ands ar ne_eded and are reasonably necessary because 15 o "local climatic, geological and tonoo-aphi "c ccnc ions as discussed below. - 10 1 7 LOC_A_L. COly- JI.1ONS: vocal 18 loss �� coed roes a _ gar :ldv - e _ect on the prevention of or �1) maior £fires, major _arthQual;e dama ?� and 10 necessar ! — poser—: : or ife and prope�:y loss, m chanIlPs or mocificatlor m ti e -ors ? - Fire Code and the Si-,- e Bu ldin? Standarc_ 20 Code fir- oraer to pro�iic a reasoma`eie e 21 City of Petaluma. c - e_ 1 p-o'✓ °rry se, =7, ,, and pre and life sa.=°ty the 22 23 Below are listed adverse local ci --atic eeo ?oL arc topo?rat hic conditions. 2 ' 5 CL a TIC 25 27 Precitiitation. Precipitation ranges from ? p ye , 28 Approximately nine 'percent 9 1 - �o appro;� nlatel r 25 inches per year. (� ioi -alts dur�g :he months Of Vo.vernber through Aril, and ?� 10 °ro from Vlay through October. -L 1 -' og� s �t, e _o r �_ llooding occurred during the months Of 30 January and Nlarch, 1997 and 1998. Relative Humidity. Humidity generally ranges fr m 50% during daytime 86 at night. It drops to 20% during the Sumner months and occas cnaLiv dro lower during the months of September through -November. " 36 Temperatures. 37 Temperatures have been recorded as high as 104 degrees Fahrenheit. Average surnmr hi eghs are in the 78 -.85' de'm ee ran gt - 38 39 tiV inds. Prevailing winds ,,are from the n.orthwe 40 eve st. However, winds are experienced from virtually every direction of one time or. another. `ti elocities are generally in the 5_15 mp 42 I h range, gusting to 41 7.430 mph, particularly during the summer months. Extreme wind`s, up to 50 mph, have been to occur. 43 umm arv. These local climatic condition arrest the acceleration intensity, and size of fire in the 45 mmunity. Times of little or no rainfall, of low humidity and High temperatures create I IT , � Ord. N `c pate-1 0 � 3 - v h azardous conditions, paracularl 2S tLevrelait to wood. shake a n d s hinglexoof o res 2 and confla2rations, Th winds extz,.Itt C in this area can have a tremendous i 3 structure fires Mi Proxim� buildings in close Imp a;.: un 0 n ItYto one another - W in ds Can can-V 'sPar',IS' and :'bU.- 4 brands to other structures, thus S'Dr'_adincr then r t. and .,causing conflagrations. In builciinz_ -- fir- -S. 5 winds can .li tee Ol for Bt2s back 6 the u ildi n c InT and create a*blow*torch effect in Addition to 6 preventing "natural'" ventila7abn and cross- vearilarrion efforts, 7 8 GEOL OGIC 'ANM r(-)_P(DGRA.KUC 10 Tile fir t e nv irournent, of a co is DrilManly a cornbi-ration of l two factors. the artps 11 - QJ 2 'YsIcai 2eparaphic characteristics and' the '111slonc pattern Of d evelopment. factors; l 12 These two ,, alone and combine d. c-.t urban - suburban. d e' at z a mixtur c-,:' which Ch ullimai-eil", 13 determine the areas DI't needs. 14 15 The basic aeoz. aiDhical boutdan - s 0 '�'the , C ; IITY i_nlcludt IM to �_-'e o jh d a in :he c- - 1 3 L ald w am I floor in:al t- r and Cas- 1 'Pttalurra River h CIS �tht Cit`�' throtC_:"t, 17 c enz a ax t Be e -_ au s e and o f t th north tL - s of ' 0 18 the fire environment changes irom,on- l oca -� Ojj t th- mext, Thercifore the c; 19 iry has no' L nuraocr.b* t' but a .L. jr-_ evaronin:emc each o F whi ch ':s in dividual 4 ;7 -, prole. tlon;needs. has i ind i 20 21 Tht s.- T area of the CIt; o has a var-J.-t' lo and vtgez a::ve coy t7. A 22 cOM210ratratiot- 0> bay r)lam'tz,hills and n Dev- occurre-; 41L the flat 'lands L the cei1=1 and easi-zrm Do Or on Of ihe Cirv, 1 ove-17 tht year 24 development has mr in the hits and tint smalier valleys and oanvon , s. 25 26z SM-ic Location. i 5!'L.� Ta - -1Y Z 02 Processes that have created the San Francisco relate YOun-Z L c_ 2-17 Bay area are sti .11 active today. Two acti e Pafth a � 7 faults (San Andreas, and. the Heaidsbur2- _28 Rodgers Creek) affect the Petalurna area. 4 /0 �, J. ZI land surface i� pro the ciryls in 29 hj9_b -to- moderate -I rile At2,s s zones, 30 31 Size and Pon The City of Petaluma corers 1,,) squat- mi including an urban POT),ulatibn 32 estimated At 50,000. Within th city axe three fr 33 Fire D e - Dartmen t hancEe , e stations and a total of 533 are personnel. The s diverse respbnsjbi]ijits i 34 air, rail and M'e emcrsencies. inc 34 land and urban fires, freeway, 38 36 Ton ogra The c#�s service area is a conglom_.tq_ of bay ., p lains ,. hil . Is, vUeyt and ridges, 37 The flatter lafids are found in the central and ea stern portions of the city. Most of the ex xisun& 38 urban and suburbanized Y ed-areas are on relatively flatlands (0 - 5% ) Slope. 9 40, Put residential development is .also. proposed for the -hill areas south andwest of the city. The aj' 41 m aj ority of the hillside a,from 15 i_t these. areas have slopes rangin 30 Correspondingly 42 the ' - - = ere is much diversi slope percentage�. Sl Pe 2s an important factor in fire o spread. As a 43 basic rule of thumb the rate of spread WiLl dcublj-_ as the Slope percentage doubles, all -0ther, 44 factors remaining the same. 45 �' EXHISMA Crrd. NCc •I. ^ .i V �:tl�tl. P 5l l I - ari l C.i7 ^-vi] ClIPIlate produces ve?��a r sirlL!a- To tC,at 01 mosT of Sonoma Counrv. - r - 4pproxirrlately hal_= of all .the structures it the city have combustible wood- shingle or shake 5 roofs. This very flammable material is susceptible to ignition by embers from a wild lane fire, o furthering the spread of lire to adjacent buildings. 7 ` 8 Sumrrarv. The above local geolocgical and tonogrrabhic conditions enhance the magnitude, exposure, accessibility problems and fire hazards presented to the City or Petalt=a. ru . 9 0 followinz ar. earthquake has the potential of causing greater ions. of Life and darnaae than tre 1 i earthquak Itsel . 12 13 The maionty of the City's industral complexes are located in the highest seismic risk zones. T he 14. highest seismic risk zone a1s0 contains the largest concentration of hazardous mate�iaL. 1 Hazardous mater'ialS, oarticular!y toxic .gacec could pose the g'eatcsT t ea; to the lames- nur be- 16 should a si_C7i5canTL Seismic event occur. ' Lt C; s resources Would have to b° prior tr, 17 mitigate the greatest `.hseat. and ma y at' e -� e -- _ b lr!a �ailab'ie for fir °s s smaller 18 and strucrur es. - -1- 20 Other ambles Taal; :e nd to intensi5i tr;e sittat on: 2 Th,. 7.2 a a T n - "c. OI CIaT_la t0 L110 tiv3ier SVStem the extent Oi isolat on due to bridge and/or IreeC�a':- OVe. ass collapse. the extent or ro'adwav g°'andlor aln011Ilt Of C b blocL=2: the r0acnv`.s. CllrrlatiC cOndltIDI1S (} Ct, dry weather with '�gl', VJi�dS); Time of da= °wil lATtllenCe ttl- apl0l:r1' 0 25 traEic on roadw and could.intensi`�' Ii5li Of llle d n 2 normal OL'S1ne55 11011r5. 26 - 27 Th availabilny of ti:ncly mutual lid o- 2s;istance uozn neiahbori =� deparzneIl.s w'r�ic�l could 28 also have 'emerQencies at the same Urn T. e large portion of dwellings With wood SP1Ilrle r00f 29 coverings could result in conflagrations. " 30 31 CONCLT_SIO Local clitratic, geoioc�lcai and topographic conditions im fire protection 32 efforts, and the aequency, spread, acceleratior i , intensity and size. of fire involving buiidinzs in 33 this community. Further, they Impact pot ential damage to all structures from earthquake and 34 subsequent fire. Therefore it is found, to be reasonably necessary that the uniform Fire Code be 35 chanced or modified to mitigate the effects of the above conditions. 36 37 38 II /I_i98 msonlcelwinword\.ordV7UrCOrd ordI sm 4 /::/0; XI YT A Pv 3 c 3 Ord. NCS