HomeMy WebLinkAboutOrdinance 2175 N.C.S. 03/01/2004EFFECTIVE DATE OF
ORDINANCE
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April 1, 2004
Introduced by
Council Member Torliatt
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
Ordinance No. 2175 N.C.S.
Seconded by
Vice Mayor Moynihan
19 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
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21 Section 1. Findings. Pursuant to California Health and Safety Code section
22 17958.7, the City Council makes the factual findings set forth in "Exhibit A'' attached
23 hereto and incorporated herein by reference, and finds that the amendments made in
24 this ordinance to California Building Standards Title 24, Part 9, the 2001 California Fire
25 Code, are reasonably necessary because of the local climactic, geological or
26 topographical conditions set forth in said exhibit.
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28 The City Council finds that Piccolo Pete-type fireworks present an attractive
29 nuisance to children in the community, may be modified for use contrary to fheir
30 intended use, and therefore pose a serious threat to the public health, safety and
31 welfare. Thus, the City Council has prohibited the sale and use of such fireworks within
32 the City.
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34 The City Council finds that illegal activities related to fireworks pose a serious
35 threat to the public health, safety and welfare. The City Council. finds that enforcement
36 actions undertaken by the City to investigate and prosecute illegal activities and costs
37 related to the destruction of illegal fireworks require the expenditure of significant City
Ordinance No. 2175 N.C.S. Page 1
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resources. Finally, the City Council finds 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 fireworks 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 process 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 a
definition of "Piccolo Pete-type fireworks:"
"Piccolo Pete-type fireworks" are one of many state-approved firework
items as defined in Health and Safety Code .Section 12529 and 12562 and
the relevant 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," "Nice Siren," "Whistling Phantom," "Screaming Willy," "Whistling
Pete."
Ordinance No. 2175 N.C.S. Page 2
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Amendment 2. Section 7802.3.2.3 is hereby added 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, give away or discharge, at any time, on any day, any "Piccolo
Pete-type firework" or any firework having substantially the same
appearance and discharge 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 a violation 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 a 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 follows:
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.
Ordinance No. 2175 N.C.S. Page 3
1 B. Any person convicted of a misdemeanor under the provisions of this
2 section shall be punishable by a fine not to exceed one thousand
3 dollars ($1,000) or by imprisonment in the county jail for a period of not
4 more than six (6) months, or by both such fine and imprisonment.
5 C. Any person convicted of an infraction under the provisions of this
6 section shall be punishable by a fine as follows:
7 1. Upon a first conviction, by a fine not exceeding five hundred
8 dollars ($500.00), or by court supervised community service, or
9 by both such fine and community service.
10 2. Upon a second conviction, by a fine not exceeding one
11 thousand dollars ($1,000.00), or by court supervised community
12 service, or by both such fine and community service.
13 D. Any person convicted under the provisions of this section shall be
14 required to reimburse the City for costs related to enforcement,
15 including, but not limited to, investigation of violations, destruction of
16 fireworks, and attorney's fees.
17 E. Nothing in this section shall prohibit a court from imposing restitution
l 8 upon any person convicted of a violation of the provisions of this
1.9 section.
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21 Section 3. Amendment. Petaluma Municipal Code section 17.20.080 entitled
22 "Appeals" is hereby amended as follows:
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24 Section 103.1.4.1 entitled "Appeals" is hereby amended to read as follows:
25 A. Appeals. Whenever the Chief disapproves an application or refuses to
26 grant a permit applied for, or when it is claimed that the provisions of the
27 code do not apply or that the true intent and meaning of the code have
28 been misconstrued or wrongly interpreted, the applicant may appeal
29 from the decision of the Chief to the board of appeals, which is
30 designated to be the board of building review as heretofore established
31 and appointed according to Chapter 17.08 of this code, within thirty days
32 from the date of the decision appealed. The Fire Chief shall act as
Ordinance No. 2175 N.C.S. Page 4
1 secretary of the board when it is hearing appeals concerned with the
2 Uniform Fire Code.
3 B. Fireworks Booth Sales Permits. Notwithstanding section A, the following
4 appeals procedure shall apply exclusively to permits for Fireworks Booths
5 Sales under this Code. Any person aggrieved by a decision of the Fire
6 Chief, or his/her designee, to disapprove an application, refuse to grant a
7 permit, place conditions on a permit, or revoke a permit shall have a right
8 of appeal of the decision to the City Manager, or his/her designee. Such
9 appeal shall be taken by filing a written notice of appeal with the City
10 Clerk. within ten X10) days of the date of the decision. The appeal shall set
11 forth the grounds for the appeal and the name and address of the person
12 requesting the appeal. A failure to file a timely and complete appeal
13 shall render the decision final and conclusive. The City Manager shall,
14 within ten ~ 10) days of the filing of fhe appeal, set a time and place for a
15 hearing on the appeal. The appeal shall be set no less than five (5) days
16 after the filing of the appeal and no more than sixty (60) days after the
17 filing of the appeal. The City Manager's determination following the
18 hearing shall be in writing and shall contain a statement of the facts upon
19 which the determination is based. The City Manager's determination shall
20 be sent first-class U.S. mail, postage prepaid to the person requesting the
21 appeal, not later than ten ~ 10) days following the date of such
22 determination. The determination of the City Manager shall be final and
23 conclusive.
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25 Section 4. Repeal. All ordinances or parts of ordinances in conflict herewith are
26 hereby repealed.
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28 Section 5. Full Force and Effect. Except as herein amended, all provisions of
29 Petaluma Municipal Code sections 17.20.070 and 17.20.080 shall remain in full force
30 and effect.
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Ordinance No. 2175 N.C.S. Page 5
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Section b. Severability. If any section, subsection, sentence, clause or phrase or
word of this ordinance is for any reason held to be unconstitutional, unlawful or
otherwise invalid by a court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The City Council of the City of
Petaluma hereby declares that it would have passed and adopted this 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,~~i-s#e~ this 23~d day of February 2004.
17 ADOPTED this 1 S' day of March 2004 by the following vote:
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19 AYES: Mayor Glass, Harris, Healy, Vice Mayor Moynihan, Thompson, Torliatt
20 NOES: None
21 ABSENT: O'Brien
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ATTEST:
Ga~yfe Pet sen, City Clerk
-.~
David Glass, Mayor ~ -
VED AS ~Q FORM:
i~hard R. Rudnansky, Ci$~Jj Attorney
Ordinance No. 2175 N.C.S. Page 6