HomeMy WebLinkAboutOrdinance 2150 N.C.S. 04/21/2003•_ ~ - Is
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Introduced by
ORDINANCE NO. 21.50 N.C.S.
Council Member Pamela Torliatt
Seconded by
Vice Mayor Mike O'Brien
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA
AMENDING SECTION 17.20.070 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. 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 climatic, geological or topographical conditions set forth in said exhibit.
SECTION 2. Petaluma Municipal Code section 17.20.070 entitled "Amendments made
in the Uniform Fire Code" is hereby amended as follows:
Amendment 1. Section 103.4.4.1 is hereby added to read as follows:
"Citation Violation.
Any violation of this code shall be a misdemeanor.
Notwithstanding the preceding sentence, a violation may be
charged and prosecuted as an infraction at the discretion of the
City Attorney's office or other enforcing authority."
Amendment 2. Section 205 entitled "Definition" is amended by adding a definition of
"dangerous fireworks" to read as follows:
"`Dangerous fireworks' shall mean dangerous fireworks as defined
in Health and Safety Code sections 12505 and 12561 and the
Ordinance No. 2150 N.C.S.
Page 1
1 relevant sections of Title 19, California Code of Regulations,
2 Subchapter 6, which are hereby incorporated by reference."
3
4 Amendment 3. Section 220 entitled "Definition" is amended by adding a definition of
5 "state-approved fireworks" to read as follows:
6 "`State-approved fireworks' shall mean state-approved fireworks
7 defined in Health and Safety Code sections 12529 and 12562 and
8 the relevant sections of Title 19, California Code of Regulations,
9 Subchapter 6, which are hereby incorporated by reference. State-
10 approved fireworks are also known, and sometimes referred to in
11 this code, as `safe and sane fireworks. "'
12
13 Amendment 4. Section 2502.17.1 is hereby added to read as follows:
14 "Candles and other open flame devices.
15 Candles and other open flame decorative lighting may be used in
16 assembly occupancies with prior approval by the Chief, and in
17 accordance with the following requirements:
18 1. Liquid or solid fuel lighting devices containing more than
19 eight (8) ounces must self-extinguish and not leak fuel at a
20 rate of more than. '/4 teaspoon per minute if tipped over.
21 2. The device or holder shall be constructed to prevent the
22 spilling of liquid fuel or wax at the rate of more than '/4
23 teaspoon per minute when the device or holder is not in an
24 upright position.
25 3. The device or holder shall be designed so that it will return
26 to the upright position after being tilted to an angle. of 45
27 degrees from vertical.
28 4. The flame shall be enclosed, except as follows:
29 a. Opening on the side shall not be more than 318 inch
30 in diameter.
31 b. Openings on the top and the distance to the top shall
32 be such that a single layer of tissue paper placed on
33 the top will not ignite in 10 seconds."
34
35 Amendment 5. Section 7802.3.2 is hereby added to read as follows:
36 "Prohibition against modification and discharge of state-
37 approved fireworks.
38 No person shall modify, tamper with, disassemble, rearrange
39 and/or combine the contents or original packaging of any state-
Ordinance No. 2150 N.C.S. Page 2
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approved firework, nor in any way remove the original packaging
labels."
Amendment 6. Section 7802.3.2.1 is hereby added to read as follows:
"Prohibition against possession, use, display or discharge of
modified state-approved fireworks.
No person shall possess, use, display, discharge or explode any
state-approved firework that has been tampered with, disassembled
and/or rearranged, nor shall any person possess, use, display,
discharge, explode or combine the contents of multiple state-
approved fireworks, or combine, tape or change the originally
intended purpose ofstate-approved fireworks."
Amendment 7. Section 7802.3.2.2 is hereby added to read as follows:
"General prohibition against possession, sale or use of
fireworks.
Except as otherwise provided in this chapter, no person shall
possess, sell, use, display, discharge or explode any rocket,
firecracker, Roman candle, squib, torpedo, torpedo cane wire core
sparkler, wooden core sparkler, black cartridge, or other
combustible device or explosive substance, or any kind of
fireworks or dangerous fireworks by whatsoever name known,
within the City of Petaluma."
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 4. Except as herein amended, all provisions of Petaluma Municipal Code
section 17.20.070 shall remain in full force and effect.
SECTION 5. 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 6. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Ordinance No. 2150 N.C.S. Page 3
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APPROVED AS TO FORM:
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SECTION 7. 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 postedipublished this 7`" day of April, 2003.
ADOPTED this 21 sc day of April, 2003 by the following vote:
AYES: Canevaro, Mayor Glass, Harris, Healy, Moynihan, Vice Mayor O'Brien, Torliatt
NOES: None
ABSENT: None
ATTEST:
avid Glass, 1Vlayor _
/ )
Gayle Pe sen, City Clerk Richar Rudnans y, City Atto
Ordinance No. 2150 N.C.S.
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