HomeMy WebLinkAbout1984-06-05; City Council; 7778; Regulating the sale and use of fireworksCIT-OF CARLSBAD - AGEND-'BILL
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MTG. 6/5/84
DEPT. FIR
REGULATING THE SALE AND
USE OF FIREWORKS
TITLE:
CITY MOR.
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RECOMMENDED ACTION:
fib0 PT Ordinance No. do37 regulating the sale of fireworks.
This is an urgency ordinance requiring a 4/5ths vote.
ITEM EXPLANATION
Earlier this year a court of appeal- decided that cities could not totally prohibit the sale of safe and sane fireworks, but could
regulate those sales. This decision was affirmed when the
Supreme Court refused to hear an appeal of the case. For many years the Uniform'Fire Coae has totally banned the use or sale of all fireworks. Carlsbad has adopted a total ban. This ordinance
would permit the sale of certain fireworks under limited circumstances. Use of fireworks would remain illegal. The fire
chief is a strong supporter of the total ban on the sale of
fireworks. However I the chief concurs in the recommendation to adopt the proposed ordinance .
Currently legislation is pending in Sacramento which would
restore cities ability to ban the sale of all fireworks. If that legislation passes, which appears likely, provisions of the proposed ordinance permitting sale would automatically be repealed and the total ban would be restored.
All San Diego County cities and the County ban the sale of all fireworks. Most cities are considering adopting an ordinance identical to or similar to the proposal.
EXHIBITS
Ordinance No. 2037
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ORDINANCE NO. 2037
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 17,
CHAPTER 17.04 OF THE CARLSBAD MUNICIPAL CODE
BY THE ADDITION OF SECTION 17.04.145 TO REGULATE
THE SALE AND USE OF FIREWORKS.
WHEREAS, in Ventura v. City of San Jose, (1984) 151
Cal.App.3d 1076, the court held that a total local ban on the
sale of safe and sane fireworks is preempted; and
WHEREAS, fireworks of all types including so called safe
and sane fireworks are a major cause of fires and severe personal
injury, especially to children; and
WHEREAS, the City is authorized to require permits for
the sale of safe and sane fireworks pursuant to the provisions of
Title 19, Section 982 of the California Administrative Code; and
WHEREAS, the City of Carlsbad would retain its total
ban on the sale of all fireworks within the City except for the
fact of preemption; and
WHEREAS, it is necessary that this ordinance be
effective immediately upon adoption in order to protect the
health and safety of the community, prevent fires and protect
persons from serious bodily injury,
NOW, THEREFORE, the City Council of the City of
Carlsbad, California does ordain as follows:
SECTION 1: That Section 2 of this ordinance shall
become effective immediately and shall. remain effective only so
long as the provisions of the health and Safety Code of the State
of California are not amended by the Legislature to permit cities
to prohibit the sale of safe and sane fireworks.
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S ECTION 2: That subject to the provisions of Section 1
of this ordinance, Title 17, Chapter 17.04 of the Carlsbad
Municipal Code is amended by the addition of Section 17.04.145
to read as follows:
17.04.145 Section 78.102(d) added - Sale of Safe and Sane Fireworks. Section 78.102 of the Uniform Fire Code is amended by the addition of subsection (d) to read as follows:
(d) Safe and Sane fireworks as defined in Section
12529 of the State Health and Safety Code may be sold subject to the following restrictions:
has first been issued by the City Council. The City Council may issue a permit only if:
sale pursuant to the provisions of Article 3 of Title 19 of the California Administrative Code.
will be sold is located in the "M" Industrial Zone; is constructed to meet the requirements of Group H, Division 1 occupancy; is equipped with a sprinkler system which is designed for extra hazardous storage or use; and is not a temporary structure.
fire danger caused by dry weather, winds or abundance of flammable vegetation does not or is not reasonably expected to exist in the community at the time proposed for the sale.
in an amount set by City Council resolution.
ensure the health and safety of the community. The permit shall allow sale only between 12 noon, June 28 and 12 noon, July 6 of a calendar year. A permit shall be valid for one calendar year only .
any person under the age of 18 years.
or participate in the sale of safe and sane fireworks.
thirty-six inches with letters not smaller than two inches in height which states: "Warning: It is illegal to use or explode any fireworks, including those sold by this establishment, in the City of Carlsbad," shall be posted in a prominent location where it can be easily seen by customers on the premises.
applicable state and local regulations governing the storage of explosives, as determined by the Fire Chief.
(1) A permit for sale of safe and sane fireworks
(A) The applicant is licensed for retail
(B) The building from which the fireworks
(C) The fire chief has determined that high
(D) The applicant has paid an application fee
(2) The City Council may condition the permit to
(3) No safe and sane fireworks shall be sold to
(4) No person under the age of 18 years shall sell
(5) A sign not smaller than thirty-six inches by
(6) Storage of fireworks shall comply with
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SECTION 3: This ordinance is hereby declared to be an
emergency ordinance adopted as an urgency measure to protect the
public health, safety and welfare and shall take effect
immediately upon its adoption. The facts constituting the
emergency are set forth above and represent a serious threat to
the citizens of Carlsbad.
EFFECTIVE DATE: This ordinance shall be effective
immediately upon passage. The City Clerk of the City of Carlsbad
shall certify to the adoption of this ordinance and cause it to
be published once in the Carlsbad Journal within 15 days after
its adoption.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on
the 11th day of June , 1984, by the following
vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick
NOES: None
and Prescott
ABSENT : None
MARY H. C SLER, Mayor
ATTEST :
a4 RaAAA ALETHA L. RAUTENKRANZ, City Cl$rk
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