HomeMy WebLinkAboutAgenda Bill 1.F-Ord 03/01/2004a�
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Ordinance No. 2175 N.C.S.
Introduced by Seconded by
AN ORDINANCE OF THE CITY .COUNCIL OF THE CITY OF PETALUMA AMENDING 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:
•22 Section 1 . Findings. Pursuant to Californa and'Safety Code section
23 17958.7, the City Council makes the factual findings set forth in "Exhibit A" attached
24 hereto and incorporated herein by reference, and finds, that the amendments made in
25 this ordinance to California Building Standards Title 24, Part 9„ the 2001 California Fire
26 Code,.are reasonably necessary because of the local climactic, geological or
27 topographical' conditions set forth in said exhibit.
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29 The City Council finds that Piccolo Pete -type fireworks present an attractive
30 nuisance to .children in the' community, may be modified for use contrary to their
31 intenaed use; `and therefore pose a serious threat to the public health, safety and
32 welfare `Thus, the City Council has prohibited the sale and use of such fireworks within
33 the City.
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35 The City Council' finds that illegal activities- related to fireworks pose a serious
36 threat to the public health, safety and welfare. The City Council finds that enforcement
37 . actions undertaken by the City to investigate and prosecute illegal activities and costs
38 related to the destruction of illegal fireworks require the expenditure of significant City
Ordinance No. 2175 N.C.S. Page 1
b e
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resources Finally, the City Council finds that curbing illegal activities related to fireworks
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and enforcements costs related this effort are a municipal affair. Thus, the City Council
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has established penalties for fireworks violations pursuant to Article XI, section 5(a)' of`the
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California Constitution.
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The City Council finds that the City has an interest in insuring that :the City and
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persons aggrieved of decisions made by the Fire Chief, or his /her designee, .have .a due
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process right to appeal such decisions. 'The City Council finds that providing
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procedures for such appeals which allow for timely reconsideration of these decisions
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by the City Manager of his/her designee provide a stronger protection of the City and
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the public's due process rights than the current appeal procedures. -
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Section 2 . Amendments. Petaluma Municipal Code section 17.2b.070 entitled
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"Amendments made in the- Uniform Fire Code" is hereby amended as follows:
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Amendment 1. Section 205 entitled "Definitions" is amended by adding a
"Piccolo
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definition of Pete -type fireworks:" - -
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"Piccolo Pete -type. fireworks" are one of many state- approved firework
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items as defined in Health and Safety Code Section 12529 and 12562 -and
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the : relevant sections of 'Title 19, California Code of Regulations,
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Subchapter 6, which are hereby, incorporated :by reference. "Piccolo
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Pete -type fireworks" are also known and sometimes "referred to and /or
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labeled as, and /or have substantially the same appearance and
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discharge characteristics as; but not limited to: "Piccolo Pete ", 'Whistle. .
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Pete," "Nite Siren," ''Whistling Phantom," "Screaming Willy," "Whistling
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Pete."
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Amendment 2. Section 78023:2.3 is hereby added to read as follows:
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Ordinance No. 2175 N.C.S. Page 2
l of Piccolo ;Pete -type .Fireworks
Prohibition Against Safe and Discharge
• 2 A. Notwithstanding the provisions of Section 7802.1,.1, no person shall sell, use,
3 distribute, give away or discharge, at any time, on any day, any "Piccolo
4 Pete type firework" or any firework having substantially the same
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appearance and discharge characteristics as any of these. Additionally,
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any retail sale, gift, or donation of any "Piccolo Pete -type firework" (or any
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firework having substantially -the same. appearance and discharge
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characteristics as any of these) shall.be a violation of this section.
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B. Except as ofherwise provided herein, it shall . be lawful for any person to
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possess and /or transport any. "Piccolo Pete -type firework" within the City
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of Petaluma.
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C. Except as otherwise provided herein, it shall be lawful in 2004, only, to sell
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any "Piccolo Pete -type firework" in the City of Petaluma so long as said
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item-is contained in an existing fireworks, as sortment package containing
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other types of" stdt'e,.approved fireworks.
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D. This section shall not apply to persons, businesses or entities licensed by the
State Fire Marshall as - a wholesaler andTor import /export concern to
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legally possess or sell, fireworks, including those prohibited by this section,
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within the City for the. primary purpose of sale and distribution outside the
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City.
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Amendment 3. Section 103.4.4.1 entitled "Citation Violation" is hereby amended
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to read as, follows:
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Violations and Penalties.
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A. Any violation of the provisions of this section shall be a misdemeanor.
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Notwithstanding the, preceding sentence, a violation of the provisions
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of this section may be charged and prosecuted as an infraction at the
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discreti'on.of the City Attorney's office,'or.other enforcing authority.
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B. Any convicted of a misdemeanor under the provisions of this
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- section shalt be punishable by a fine not to exceed one thousand
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dollars ($1,000) or by imprisonment in the county jail for a period of not
more than six .(6) months, or by both such fine and imprisonment.
Ordinance No. 2175 N.C.S., Page 3
1 C. Any'person convicted of an infraction under the provisions of this
2 section shall be punishable by a fine as follows:
3 1. Upon a first conviction, by a fine not exceeding five hundred
4 dollars ($500.00), or by court supervised community service, or
5 by both such fine and com'munityse-vice-.
6 2. Upon a second conviction, by a fine not exceeding one
7 thousand dollars ($1,000;00), or by court supervised community
8 service, or by both such fine and community service.
9 D. Any person convicted under the provisions of this section shall be
10 required to reimburse the City for costs related to enforcement,
11 including, but not limited to, investigation of violations, destruction of
12 fireworks, and attorney's fees.
13 E.. Nothing in this section shall prohibit a court from imposing restitution
14 upon any person convicted of a violation of the - provisions of this
15 section.
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17 Section 3 . Amendment. - Petaluma'Municipal; Code section 17.20.080 entitled
18 "Appeals" is hereby arnended as follows
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Section 103.1.4.1 entitled "Appeals" is hereby amended to read as follows:
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A. Appeals. Whenever the Chief disapproves an application or refuses to
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grant a permit applied for,, or when it is claimed that the provisions of the
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code do not apply or that the true intent and meaning of the code have
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been misconstrued or wrongly interpreted, the applicant may appeal
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from the decision of the Chief to. the board of appeals, which is
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designated to be the board of building review as heretofore established
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and appointed according 'to Chapter - 17..08 of this code, within thirty.days
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from .the date of the decision appealed'. The Fire Chief shall act as
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secretary of the board when it is' hearing appeals concerned with the
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Uniform Fire Code.
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B. Fireworks. Booth Sales :Permits. Notwithstanding section A, the following
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appeals procedure shall apply exclusively to permits for Fireworks- Booths
Ordinance No. 21.75 N.C.S. Page 4.
• 1 Sales under this Code. Any person aggrieved by a decision of the Fire
2 Chief, or his /her designee, to disapprove an application, refuse to grant a
3 permit, place conditions on a permit, or revoke a permit shall have a right
4 of appeal of the decision to the. City Manager, or his /her designee. Such
5 appeal shall be taken by filing a written notice of appeal with the City
6 Clerk within ten (.10) days of the date of the decision. The appeal shall set
7 forth the grounds for the appeal and the name and address of the person
8 requesting the appeal. A failure to file a timely and complete appeal
9 shall render the decision final and conclusive. The City Manager shall,
10 within ten (10) days of the filing of the appeal, set a time and place for a
11 hearing on the appeal. The appeal shall be set no less than five (5) days
12 after the filing of the appeal and no more than sixty (60) days after the
13 filing of the appeal. The City Manager's determination following the
14 hearing shall be in writing and shall contain a statement of the facts upon
15 which the determination is based. The City Manager's determination shall
6 be sent first -class U.S. mail, postage prepaid .to the person requesting the
0 1 1 7 appeal, not later than ten (10) days following the date of such
18 determination'. The determination of the City Manager shall be final and
19 conclusive.
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21 Section 4 . Repeal. All ordinances or parts of ordinances in conflict herewith are
22 hereby repealed.
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24 Section 5 . Full Force and Effect. Except as herein amended, all provisions of
25 Petaluma Municipal Code sections 17.20.070 and 17.20.080 shall remain in full force
26 and effect.
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28 Section 6 . Severability. If any section, subsection, sentence, clause or phrase or
29 word of this ordinance is for any reason held to be unconstitutional, unlawful or
30 otherwise invalid by a court of competent jurisdiction, such decision shall not affect the
31 validity of the remaining portions of this ordinance. The City Council of the City of
0 32 Petaluma hereby declares that it would have passed and adopted this ordinance and
Ordinance No. 2175 N.C.S.
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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{ ski this 23rd day of February 2004.
ADOPTED this day of , 2004 by the following vote:
AYES:
NOES:
ABSENT:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
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Ordinance No. 2175 N.C.S.
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