Loading...
6323ORDINANCE NO. 6323 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 6 (PUBLIC HEALTH AND SAFETY) OF THE ANAHEIM MUNICIPAL CODE TO PERMIT THE SALE AND DISCHARGE OF SAFE AND SANE FIREWORKS WITHIN CERTAIN AREAS OF THE CITY BASED UPON THE FINDING AND DETERMINATION THAT (1) THE SALE OF FIREWORKS IS CATEGORICALLY EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15304 OF THE STATE CEQA GUIDELINES AND (2) THE DISCHARGE OF SAFE AND SANE FIREWORKS IS NOT SUBJECT TO CEQA PURSUANT TO SECTIONS 15060(C)(2) AND 15060(C)(3) OF THE STATE CEQA GUIDELINES AND IS NOT A "PROJECT ", AS DEFINED IN SECTION 15378 OF THE STATE CEQA GUIDELINES. WHEREAS, at the special municipal election held on June 3, 2014, the electorate of the City of Anaheim (the "City ") voted to repeal Section 6.40.030 of the Anaheim Municipal Code, which prohibits (bans) the retail sale, possession or use of "safe and sane fireworks" (as defined in Sections 12500 et seq. of the Health and Safety Code of the State of California; herein the "State Fireworks Law ") in the City except pursuant to a public display permit issued by the Fire Chief, and authorized the City Council to regulate safe and sane fireworks ( "Measure E "); and WHEREAS, pursuant to the will of the electorate, as expressed in the passage of Measure E, and the City's police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ( "City Council ") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City and its residents; and WHEREAS, the State Fireworks Law authorizes local governments to regulate the sale, use, and /or discharge of fireworks; and WHEREAS, the City Council recognizes that illegal fireworks and those designated as "safe and sane fireworks" in the State Fireworks Law, when used improperly, may create potential hazards to the public's health, safety, and general welfare; and WHEREAS, the City Council recognizes the need to implement reasonable regulations for the sale, use, and /or discharge of safe and sane fireworks in order to protect the safety of spectators, property owners, residents, and visitors of the City of Anaheim; and WHEREAS, it is the intent of the City Council, in enacting this ordinance, to implement that portion of Measure E that allows for the use of safe and sane fireworks within certain areas of the City on certain dates and times each year; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA ") and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines "), the City is the "lead agency" for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, by the adoption of this ordinance, the City Council finds and determines as follows: (a) The effects of the sale of safe and sane fireworks on property within the City that is authorized for the sale of safe and sane fireworks are typical of those generated within that class of projects which consist of the minor temporary use of land having negligible or no permanent effects on the environment, including carnivals and the sales of Christmas trees, and that, therefore, pursuant to Section 15304 (Minor Alterations to Land) of the State CEQA Guidelines, the sale of safe and sane fireworks pursuant to the rules and regulations set forth in this ordinance will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and (b) The discharge of safe and sane fireworks within certain areas of the City on certain dates and times each year pursuant to the rules and regulations set forth in this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a "project ", as defined in Section 15378 of the State CEQA Guidelines; and WHEREAS, it is the intent of the City Council to reasonably regulate the sale, use and discharge of safe and sane fireworks within the City to protect the public health, safety and general welfare; and WHEREAS, the City Council determines that this ordinance is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 That Section 6.40.010 (Definitions) of Chapter 6.40 (Fireworks) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 6.40.010 DEFINITIONS. The following words and phrases, as used in this chapter, are defined as follows: 2 "Dangerous fireworks" shall mean "dangerous fireworks ", as defined in Section 12505 of the State Fireworks Law and the relevant sections of Chapter 6, Title 19 of the California Code of Regulations) or any successor provision thereto. "Designated sales period" is the period in each calendar year during which safe and sane fireworks may be sold from a fireworks stand by a qualified owner or a retail licensee having an agreement with a qualified owner to sell safe and sane fireworks on the qualified owner's property; that is, between the hours of 10 a.m. and 10:00 p.m. on the; 28th of June through the 3 rd of July and between the hours of 10:00 a.m. and 9:00 p.m. on the 4th of July of the same calendar year, or at such other time(s) and /or during such other period(s) as may be set forth by resolution of the City Council from time to time. "Discharge" shall mean the act of lighting, exploding, igniting, setting -off, discharging, projecting, firing or using fireworks. "Fireworks" shall mean "fireworks ", as defined in Section 12511 of the State Fireworks Law or any successor provision thereto. "Fireworks stand" shall mean any structure of a temporary nature used in the sale, offering for sale or display for sale of safe and sane fireworks, which shall be subject to the most current edition of NFPA 1124 Code for the Manufacture, Transportation, Storage and Retail Sales of Fireworks and Pyrotechnic Articles. "Gross revenues" shall mean the aggregate of all monies of every kind and nature, whether for cash, credit or barter, that are received by or for the benefit of the qualified owner or its retail licensee derived from the sales of all safe and sane fireworks and any other celebratory items approved for sale approved by the City Manager. "Gross revenues" shall not include the following: (i) The amount of any City, county, state or federal sales, use or excise taxes collected directly from customers as a part of the sales price of any safe and sane fireworks where such taxes are paid by the qualified owner or its retail licensee directly io the taxing authority; (ii) The net amount of cash or credit refunds to customers given in the ordinary course of obtaining such revenues; (iii) The amounts paid to banks and other organizations for credit card fees; or (iv) The amount of compensation paid by a retail licensee to a qualified owner authorizing the location and operation of a fireworks stand on the property of said qualified owner. "Licensed wholesale business" shall mean a person or entity holding an unrevoked wholesale business license and all other necessary state and local permits and 3 licenses for the wholesale sale of fireworks and that purchases fireworks from a manufacturer, importer or exporter for resale to a qualified owner or its retail licensee for resale. "Person" shall mean an individual, partnership, corporation, joint venture or other entity of any nature. "Person" shall also include an individual or a legal entity that is an owner, tenant, lessee and /or other person with any right to possession or control of property "Public display of fireworks" shall mean a "public display of fireworks ", as defined in Section 12524 of the State Fireworks Law or any successor provision thereto. "Qualified owner" shall mean a person having the right of exclusive possession or occupancy, whether by fee title or as lessee, sublessee, tenant, licensee or otherwise, of property within the City authorized under Title 18 (Zoning Code) of this code to be used for the sale of fireworks, who for the purposes of this chapter must possess a retail sales license issued by the State Fire Marshal under the State Fireworks Law that allows for the retail sale of safe and sane fireworks for private use. "Qualified Organization" shall mean either of the following: 1. Any tax - exempt charity, non - profit association or other organization organized pursuant to the Internal Revenue Code or the Revenue and Taxation Code of the State of California, or the local chapter of any such organization, that has met all of the following criteria for a continuous period of not less than one full year preceding submittal to the City for approval of the written agreement required pursuant to paragraph "B" of Section 6.40.035 (Safe and Sane Fireworks — Sale) and continues to meet said criteria for the duration of the designated sales period: (a) Is in good standing under all applicable laws; (b) Is organized primarily for veteran, patriotic, welfare, civic or business betterment, religious, athletic, youth or charitable purposes specifically to benefit and /or serve the citizens of the City; and (c) Has its principal and permanent meeting place, office or service facility in the City. 2. A school, as recognized by the State of California, including elementary school, middle school, high school, or college located within the boundaries of the City, or any student group, club or organization of such a school that is officially recognized by the school. "Red flag warning" means a climatic condition based upon wind and humidity criteria which may result in the rapid spread of wildfires and is issued by the E National Weather Service for all or selected portions of a fire weather zone or zones. "Retail licensee" shall mean any person who holds a retail sales license issued by the State Fire Marshal under the State Fireworks Law that allows for the retail sale of safe and sane fireworks for private use. "Safe and sane fireworks" shall mean those fireworks that are defined and classified as "safe and sane fireworks" (also known as "state- approved fireworks ") in Sections 12529 and 12562 of the State Fireworks Law and the relevant sections of Chapter 6, Title 19 of the California Code of Regulations, or any successor provision thereto. "State Fireworks Law" shall mean Sections 12500 et seq. of the Health and Safety Code of the State of California and its implementing regulations, as set forth in Chapter 6, Title 19 of the California Code of Regulations "Wildland -Urban Interface Fire Area" shall mean all of the area within the City of Anaheim located east of the Costa Mesa Freeway (State Route 55) and south of the Riverside Freeway (State Route 91). SECTION 2 That Section 6.40.020 (Dangerous Fireworks Prohibited) of Chapter 6.40 (Fireworks) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 6.40.020 POSSESSION, SALE OR DISCHARGE OF FIREWORKS - GENERALLY. A. It is unlawful for any person to possess, store, sell, offer or make available for sale, or discharge any and all fireworks, including safe and sane fireworks, within the City limits, unless specifically allowed in this chapter. B. The sale, possession and discharge of "safe and sane fireworks" for private display shall be permitted within the City in accordance with this chapter and with such other rules and regulations as the City Council may by resolution deem necessary and advisable from time to time to effectuate the purposes of the regulations and limitations set forth in this chapter. C. No person shall manufacture, possess, sell, offer for sale, store, display, dispose of, give away, stock, or discharge any dangerous fireworks within the City of Anaheim without a permit issued by the Fire Chief. 5 SECTION 3 That Section 6.40.030 (Safe and Sane Fireworks Prohibited) of Chapter 6.40 (Fireworks) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 6.40.030 SAFE AND SANE FIREWORKS - DISCHARGE. A. Discharge of Safe and Sane Fireworks 1. It shall be lawful to discharge safe and sane fireworks within the City at the locations, during the time period(s), and in accordance with the limitations and regulations specified in this section. 2. No person under the age of 16 years shall discharge any safe and sane fireworks at any time, unless such person does so under the direct supervision of a person over 18 years of age and during the hours and on the days permitted by this chapter. 3. It shall be unlawful for any person having the care, custody or control of a person under the age of 16 years to permit such person to discharge any safe and sane fireworks unless such minor does so under the direct supervision of a person over 18 years of age and during the hours and on the days pennitted by this chapter. B. Limitation on Places, Days and Hours of Discharge 1. It shall be unlawful to discharge any safe and sane fireworks except on the 4th of July between the hours of 10:00 a.m. and 10:00 p.m. and /or during such other days and hours as may be established by resolution of the City Council. 2. It shall be unlawful for any person to discharge any safe and sane fireworks, or permit the discharge of safe and sane fireworks, upon or over or onto the property of another without his/her consent, or to discharge any safe and sane fireworks within ten (10) feet of any residence, dwelling, or other structure. 3. It shall be unlawful for any person to discharge any safe and sane fireworks, or pen the discharge thereof within the following areas of the City: (a) Any public property, including, but not limited to, public streets, highways, alleys, sidewalks, parks or other publicly -owned property, buildings or facilities, except in designated areas determined by order of the City Manager or his /her designee; (b) Any property within a Commercial Zone of the City (defined in Chapter 18.08 of this code), except for any nonconforming residential use within a Commercial Zone that is used for residential purposes as of the effective date of the ordinance codified in this section; (c) Any property within an Industrial Zone of the City (defined in Chapter 18.10 of this code), except for any nonconforming residential use within an Industrial Zone used for residential purposes as of the effective date of the ordinance codified in this section; (d) Any property in the Wildland -Urban Interface Fire Area; (e) Any premises where gasoline or other flammable liquids are stored or dispensed; and (f) In "high fire hazard areas," as designated by the Fire Chief 4. Nothing in this section shall preclude the use or discharge of safe and sane fireworks, consistent with this chapter, on appropriate privately owned areas within a Single - Family or Multiple - Family Residential Zone (defined in Chapters 18.04 and 18.06 of this code). 5. Nothing in this section shall preclude the use, discharge or presentation of any public fireworks display authorized under and pursuant to Section 6.40.040 of this code. 6. It shall be unlawful to discharge any safe and sane fireworks on the dates and during the times permitted in this section when a Red Flag Warning has been issued by the National Weather Service. In the event of a Red Flag Warning on July 4, the Fire Chief may, with the concurrence of the City Manager and to the extent allowed by State law, permit the discharge of safe and sane fireworks on another date and during such time(s) as he or she may determine appropriate and, to that end, shall disseminate notice to members of the general public in whatever manner he detennines appropriate. SECTION 4. That new Section 6.40.035 (Safe and Sane Fireworks — Sale) is hereby added to Chapter 6.40 (Fireworks) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code to read in full as follows: 6.40.035 SAFE AND SANE FIREWORKS — SALE. A. Sale of Safe and Sane Fireworks The retail sale of safe and sane fireworks on property within the City that is authorized for the sale of safe and sane fireworks 7 shall be lawful so long as said sale is conducted (i) during a designated sales period, (ii) only by a qualified owner or by a retail licensee having an agreement with a qualified owner to sell safe and sane fireworks on the qualified owner's property, and (iii) in accordance with the limitations and regulations set forth in this section. B. Prerequisites to Sale of Safe and Sane Fireworks — Agreement with Qualified Owner Prior and as a condition precedent to the commencement of the retail sale of safe and sane fireworks, a qualified owner shall enter into and execute a written agreement approved by the City Council that will include the following material terms and such other terms, provisions and conditions as may be recommended by the City Manager and /or Fire Chief and approved by the City Council or the duly authorized representative of the City Council: 1. The method and procedure by which one or more qualified organizations will be selected to participate in the receipt of a portion of the gross revenues from the sale of safe and sane fireworks. 2. The requirement that a portion of the gross revenues received by a qualified owner or its retail licensee (as the case may be) from the sale of safe and sane fireworks shall be remitted to the qualified organization(s) in accordance with the agreement. C. Prerequisites to Sale of Safe and Sane Fireworks — General Requirements Prior and as a condition precedent to the commencement of the retail sale of safe and sane fireworks, a qualified owner or its retail licensee (as the case may be) shall comply with the following requirements: 1. That a qualified owner or its retail licensee (as the case may be) shall have a retail sales license issued by the State Fire Marshal, a temporary sales tax permit issued by the State Board of Equalization, and a City business license and shall demonstrate compliance with those pen requirements to the Fire Chief upon request. 2. That a qualified owner or its retail licensee (as the case may be) shall provide evidence of valid insurance policies in form and amount and with coverage types required by the City's Risk Manager, which policies will name the City, its officers, officials, agents and employees as additional insureds. 3. That a plan indicating the number, location and hours of operation of the fireworks stand(s), the number of staff on duty, and such other requirements as may be required by the Fire Chief or by the State Fireworks Law shall be submitted to and approved by the Fire Chief. 4. That a qualified owner shall be responsible for the collection and remittance of sales tax and all amounts that it or its retail licensee is contractually bound to pay to the City and to a qualified organization(s). 5. That a qualified owner shall submit to the City Manager within thirty (30) calendar days following the end of the designated sales period a financial statement by the treasurer or financial officer of the qualified owner or its retail licensee, setting forth the total gross revenues from the fireworks stand(s) operated by the qualified owner or its retail licensee and identify the name(s) and the amount(s) paid or to be paid to the qualified organization(s) in accordance with the written agreement described in paragraph B of this Section 6.40.035. 6. That a qualified owner shall submit to the City Manager within ninety (90) days following the end of the designated sales period the report filed by the qualified owner or its retail licensee with the State Board of Equalization. 7. That the qualified owner shall pay or cause its retail licensee to pay to the City regulatory fees in an amount established either by resolution of the City Council or as approved by the City Council pursuant to the terms of the written agreement described in paragraph B of this Section 6.40.035, representing the reasonable regulatory costs to the City for issuing licenses and permits, performing investigations, inspections and audits, and the administrative enforcement and adjudication thereof. 8. That a qualified owner and its employees, agents and representatives shall comply and shall cause its retail licensee (if any) and its employees, agents and representatives to comply with all of the requirements of the State Fireworks Law in connection with the sale of safe and sane fireworks. 9. That a qualified owner that enters into an agreement with a retail licensee to conduct the sales of safe and sane fireworks shall include within that agreement the terms and provisions of the qualified owner's agreement with the City with an express acknowledgement and agreement by such retail licensee to fully comply with all of the terms and conditions of a qualified owner's agreement with the City. 10. That at least one or more representatives of a qualified owner or its retail licensee (as the case may be) shall attend a "safe and sane fireworks" stand operator safety seminar supervised by a representative of the Fire Chief and conducted by each licensed wholesale business that is supplying safe and sane fireworks to a qualified owner or its retail licensee. 11. That a qualified owner and its retail licensee and their respective employees, agents and representatives shall comply with the following standards as to the sale of safe and sane fireworks: C (a) All retail sales of safe and sane fireworks shall be permitted only from within a fireworks stand; retail sales of safe and sane fireworks from any other building or structure is hereby prohibited. Fireworks stands shall comply with and are subject to the State Fireworks Law, the California Fire Code, and the most current edition of the NFPA 1124 Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles. (b) The Fire Chief may establish and amend from time to time such additional rules and regulations for the operation of fireworks stands determined appropriate and necessary for the public safety or as may be required under the State Fireworks Act, the California Fire Code, and /or the most current edition of the NFPA 1124 Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles. A copy of any such rules and regulations shall be posted in a prominent place in each fireworks stand. Failure to comply with the rules and regulations shall be grounds for the immediate revocation of any permit granted under this chapter. SRCTTON 5_ That Section 6.40.080 (Enforcement of Chapter) of Chapter 6.40 (Fireworks) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 6.40.080 ENFORCEMENT OF CHAPTER. A. This chapter shall be enforced in accordance with the procedures set forth in chapter 1.20 of this code, relating to the issuance of citations, imposing administrative fines, right to appeal, and the right for an administrative hearing. B. The Fire Chief or any designated representative of the Fire Department is authorized and may enforce the provisions of this chapter. In addition to any other persons authorized by law, the Fire Chief or any representative of the Fire Department or Police Department of the City of Anaheim, or other City official authorized to enforce the Anaheim Municipal Code may seize, take, remove or cause to be removed all stock of fireworks offered or exposed for sale, manufactured, sold, possessed, stored, handled, discharged or used in violation of this chapter, and shall have the duty of enforcing the provisions of this chapter. Any seizure or removal pursuant to this section shall be in compliance with all applicable statutory, constitutional, and decisional law. In connection with such enforcement, they are authorized to enter, free of charge, at any reasonable time, any place of business, or to approach any person apparently conducting or employed in the operation of a business or the manufacture, sale, possession, storage, handling, discharge or use of prohibited fireworks, to verify compliance with the provisions of this chapter and with the Uniform Fire Code and any other 10 Anaheim Municipal Code provisions related to fireworks enforcement. Such persons are hereby authorized to issue citations to persons violating any of the provisions of this chapter to appear in the Court of the North Orange County Judicial District at a time fixed in the citation and such citation shall be deemed to be a complaint charging violations of this chapter. SECTION 6 That Section 6.40.090 (Severability) and Section 6.40.090 (Enforcement by Fire Captains) of Chapter 6.40 (Fireworks) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code be, and the same are hereby, repealed. SECTION 7 That Section 6.40.100 (Penalty for Violations) of Chapter 6.40 (Fireworks) of Title 6 (Public Health and Safety) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 6.40.100 ADMINISTRATIVE FINES AND PENALTIES. A. Purpose and Scope This section authorizes the imposition of administrative fines on any person who violates any provision of this chapter in order to encourage and obtain compliance with the provisions of this chapter for the benefit and protection of the entire community. This section governs the imposition, enforcement, collection and administrative review of all administrative fines, related to: (1) the possession, use, storage, sale and /or display of those fireworks classified as "dangerous fireworks" in California Health and Safety Code Section 12500 et seq., with the exception of a pyrotechnic licensee when operating pursuant to that license; and (2) the use of safe and sane fireworks on or at dates, times and /or locations other than those permitted by this chapter. Said administrative fines are imposed under authority of Section 53069.4 of the California Government Code, Section 12557 of the California Health and Safety Code, and the police power of the City. The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the City authorized under Section 6.40.080 or chapter 1.20 of this code; and the issuance of a citation to any person constitutes but one remedy of the City to redress violations of this chapter by any person. By adopting this chapter, the City does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any violation of this chapter by any person, which this City may otherwise pursue. The imposition of fines related to "dangerous fireworks" under this chapter shall be limited to persons who possess, sell, use and /or display, or the seizure of, 25 pounds or less (gross weight) of such dangerous fireworks. 11 Fines collected pursuant to this chapter related to "dangerous fireworks" shall not be subject to Section 12706 of the California Health and Safety Code, which section provides that certain fines collected by a court of the state be deposited with, and disbursed by, the County Treasurer. However, the City shall provide cost reimbursement to the State Fire Marshal pursuant to regulations to be adopted by the State Fire Marshal addressing the State Fire Marshal's cost for the transportation and disposal of "dangerous fireworks" seized by the City, which costs will be part of any administrative fine imposed. Unless and until said regulations have been adopted by the state of California, the City shall hold in trust $250 or 25% of any fine collected, whichever is greater, to cover the cost reimbursement to the State Fire Marshal for said cost of transportation and disposal of "dangerous fireworks." Because of the serious threat of fire or injury posed by the use of "dangerous fireworks" that can result from persistent or repeated failures to comply with the provisions of this chapter and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety and welfare, this chapter imposes strict civil liability upon the owners of real property for all violations of this chapter existing on their real property. Each contiguous use, display and /or possession shall constitute a separate violation and shall be subject to a separate administrative fine. B. Penalties for Violations 1. Each person who violates any provision of this chapter as it relates to the possession, use, storage, sale and /or display of "dangerous fireworks" shall be subject to the imposition and payment of an administrative fine or fines as provided below: Number of Amount of Administrative Late Total Amount Offenses in One- Penalty Charge of Penalty Year Period plus Late Charge First $1,000.00 $250.00 $1,250.00 Second $2,000.00 $500.00 $2,500.00 Third $3,000.00 $1,000.00 $4,000.00 2. Each person who uses "safe and sane fireworks" on or at dates, times and /or locations other than those permitted by this chapter shall be subject to the imposition and payment of an administrative fine or fines as provided below: 12 Number of Amount of Administrative Late Total Amount Offenses in One- Penalty Charge of Penalty Year Period plus Late Charge First $500.00 $250.00 $750.00 Second $1,000.00 $500.00 $1,500.00 Third $1,500.00 $1,000.00 $2,500.00 3. Payment of an administrative fine shall not excuse or discharge a citee from the duty to immediately abate and correct a violation of this chapter, nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of this chapter. SECTION 8 . SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 9. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 10 . EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. 13 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 2 st day of APRIL , 2015, and thereafter passed and adopted at a regular meeting of said City Council held on the 5th day of MAY , 2015, by the following roll call vote: AYES: Mayor Pro Tem Kring, Council Members: Murray, Brandman, and Vanderbilt NOES: Mayor Tait ABSENT: None ABSTAIN: None CITY OF ANAHEIM i B MAYOR Of THE CITY OF ANAHEIM ATTEST CITY CLERK OF THE CITY 0# ANAHEIM 108998- v3 /TJR 14 AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION { 'LATE OF CALIFORNIA, ) ) ss. County of Orange, aMr6 3i = Sn A I am a citizen of the United States and a resident Proof of Publication of of the County aforesaid; I am over the age of eighteen years,and not a party to or interested in the above-entitled matter. I am the principal paste Clinnine of clerk of the Anaheim Bulletin, a newspaper that SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO.6323 has been adjudged to be a newspaper of general i AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 6(PUBLIC HEALTH AND SAFETY)OF THE ANAHEIM MUNICI- PAL CODE TO PERMIT THE SALE AND DISCHARGE OF SAFE circulation by the Superior Court of the County AND SANE FIREWORKS WITHIN CERTAIN AREAS OF THE CITY BASED UPON THE FINDING AND DETERMINATION THAT• (1)THE SALE OF FIREWORKS IS CATEGORICALLY EXEMPT of Orange, State of California, on December 28, FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMEN- TAL QUALITY ACT(CEQA)PURSUANT TO SECTION 15304 OF 1951, Case No. A-21021 in and for the City of THE STATE SCANE GUIDELINES AND(T)THESUBJECTTO DISCHARGE OF SAFE AND SANE FIREWORKS IS NOT TO CEQA PURSUANT TO SECTIONS 15060(C)(2) AND 15060(C)(3) OF THE STATE CEQA GUIDELINES AND IS NOT A"PROJECT",AS Anaheim, County of Orange, State of California; DEFINED IN SECTION 15378 OF THE STATE CEQA GUIDE- LINES. that the notice, of which the annexed is a true This ordinance amends the Anaheim Municipal Code to add reasonable regulations for the sale,use,and/or discharge of"safe and sane fireworks"in the City of Anaheim. Specifical- ly,this ordinance amends various sections of Chapter 6.40(Fireworks)of Title 6(Public printed copy,has been published in each regular Health and Safety)of the Anaheim Municipal Code to permit the sale and discharge of safe and sane fireworks within certain areas of the City subject to regulations,including,among others,the following: and entire issue of said newspaper and not in any 1. The lighting,exploding,igniting,setting-off,discharging,projecting,firing or use(the "discharge") of safe and sane fireworks is permitted on privately-owned areas within supplement thereof on the following dates, to Single-Family or Multiple-Family Zones only on the 4th of July between the hours of 10:00 a.m.and 10:00 p.m. -wit: 2.-The discharge of safe and sane fireworks is unlawful within certain areas of the City of Anaheim as enumerated in the ordinance,including,but not limited to,any public property, any property within Commercial or Industrial Zones,any property located east of the Costa May 14,2015 Mesa Freeway(State Route 55)and south of the Riverside Freeway(State Route 91),in high fire hazard areas designated by the Fire Chief,or when a Red Flag Warning has been issued by the National Weather Service. 3. The retail sale of safe and sane fireworks is permitted only between the hours,of 10 a.m. "I certify (or declare) under the penalty of and 10:00•p.m.on the 28th of June through the 3rd of July and between the hours of 10:00 a.m.and 9:00 p.m.on the 4th of Jul of the same calendar year and only on property au- thorized for such sale under Title 18(Zoning Code)of the Anaheim Municipal Code and on- perjury under the laws of the State of California ly by a person having the right of exclusive possession or occupancy of such property(a "qualified owner")or a retail licensee having an agreement with a qualified owner. that the foregoing is true and correct": 4. A qualified owner is required to enter into an agreement approved by the City Council that includes certain terms and provisions enumerated in the ordinance,as well as such other terms, provisions andconditions as may be recommended by the City Manager and/or the Fre Chief. Such agreement must provide for a method and procedure by which one or more"qualified organizations"will be selected to participate in the receipt of a por- Executed at Santa Ana, Orange County, tion of the gross revenues from the sale of safe and sane fireworks. California,on _ 5.All retail sales of safe and sane fireworks must comply with the State Fireworks Law,the. California Fire Code,the current edition of the NFPA 1124 Code for the Manufacture,Trans- portation,Storage,and Retail Sales of Fireworks and Pyrotechnic Articles,and such addi- tional rules and regulations as the Fire Chief may establish and amend from time to time. Date: May 14,2015 This ordinance also amends and restates Section 6.40.100(Penalty for Violations)of Chap- ter 6.40(Fireworks)of Title 6(Public Health and Safety)of the Anaheim Municipal Code to I J► authorize the imposition and to establish the amounts of fines and penalties for any viola- "'"7/./.70/41/4. ` tion of Chapter 6.40(Fireworks). I,Linda N.Andal,City Clerk of the City of Anaheim,do hereby certify that the foregoing is a summary of Ordinance Na.6323 which ordinance was introduced at a regular meeting of the City Council of the City of Anaheim on the 21st day of April,2015 and was duly passed and adopted at a regular meeting of said Council on the 5th day of May,2015 by the fol- lowing roll call vote of the members thereof: AYES: Council Members Kring;Murray,Brandman and Vanderbilt NOES: Mayor Tait Signature ABSENT: None ABSTAIN:None Anaheim Bulletin The above summary is a brief description of the subject matter contained in the text of Or- dinance No.6323,which has been prepared pursuant to Section 512 of the Charter of the 625 N.Grand Ave. City of Anaheim. This summary does not include or describe every provision of the ordi- nance and should not be relied on as a substitute for the full text of the ordinance. Santa Ana,CA 92701 To obtain a copy of the full text of the ordinance, please contact the Office of the City (714)796-2209 Clerk,(714)765-5166,between 8:00 AM and 5:00 PM,Monday through Friday. There is no charge for the copy. Publish:Anaheim Bulletin ;14 2 15 10047955 I.