6367ORDINANCE NO. 6 3 6 7
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTIONS 6.40.010 AND 6.40.100 OF CHAPTER 6.40
(FIREWORKS) OF TITLE 6 (PUBLIC HEALTH AND SAFETY)
OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE
SALE OF SAFE AND SANE FIREWORKS, BASED UPON THE
FINDING AND DETERMINATION THAT THIS ORDINANCE IS
NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (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, pursuant to the City's police power, as granted broadly under Article XI,
Section 7 of the California Constitution, this 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, 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, this City Council finds and determines that 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 CEQA Guidelines; and
WHEREAS, this City Council finds and 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
ORDAIN AS FOLLOWS:
SECTION 1.
That the term "Qualified Owner", as defined in 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:
"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.
SECTION 2.
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.
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
2
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
s
, plus ate
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:
3
Number of
Amount of Administrative
Late
Total Amount
Offenses in fine-
Penalty
Charge
of Penalty
Year Period
plus Late
Charge
First
$250
$125
$375
Second
$500
$250
$750
Third
$1,000
$500
$1,500
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 3. 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 4. 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 5. EFFECTIVE DATE.
This ordinance shall take effect and be in full force thirty (30) days from and after its final
passage.
0
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council
of the City of Anaheim held on the22ndday of March —, 2016, and thereafter passed and
adopted at a regular meeting of said City Council held on the 1_t_2 hday0f April 2016,
by the following roll call vote:
AYES: Mayor Pro Tem Kring and Council Members Murray and
Brandman
NOES: Mayor Tait and Council Member Vanderbilt
ABSENT: None
ABSTAIN: None
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CITY O�FAJNEIM
By:
MAYOR. OF (fHECITY OF ANAHEIM
5
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6367 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 22 d day of March, 2016, and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 12th day of April, 2016, by the following vote
of the members thereof:
AYES: Mayor Pro Tem Kring and Council Members Murray, Brandman and
Vanderbilt
NOES: Mayor Tait and Council Member Vanderbilt
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of April, 2016.
CITY CLERK OF THE CITY OF ANAHEIM
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6367 and was published in the Anaheim Bulletin on the 21St day of April,
2016.
CITY CLERK OF THE CITY OF NAHEIM
{SEAL) -
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange
I am a citizen of the United States and a resident
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
clerk of the Analheml Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
April 21, 2016
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: April 21, 2016
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
` PROOF OF PUBLICATION
Proof of Publication of
Paste Clipping of
Notice
SECURELY
In This Space
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6367
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 6.40,010 AND
6.40.100 OF CHAPTER 6.40 �FIREWIPAORCODE
OF TITLE 6 TUBLIC HEALTH AND
SAFE Sly� OF THE ANAHEIM M NICL 0 DE RELATING 0 THE SALE OF SAFE
AND SANE FIREWORKS, BASED UPON THE FINDING AND DETERMINATION THAT
THIS ORDINANCE IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL
THE STATE C QA UIDELINES AND IS NOT A "PROJ
QUALITY ACT ffOA ASTDEFINED
PURSUANT TO SECTIONS 15060(C AND
SECTION 15378 OF THE STATE CEQA GUIDELINES.
This ordinance amends and restates Section 6.40.100 (Administrative Fines and Penalties)
of Chapter 6.40 (Fireworks) of Title 6 (Public Health and Safety f the Anaheim Municipal
Code to modify the amounts payable as administrative fines that may be imposed upon
persons who use "safe and sane fireworks" on or at dates, times and/or locations other
than those permitted by Chapter 6.40 (Fireworks). This ordinance also amends the term
"qualified owner"as defined in Section 6.40,010 (Definitions) of Chapter 6.40 (Fireworks),
to remove the requirement that a person having the right of exclusive possession or occu-
pancy, whether by fee title or as lessee, sublessee tenant, licensee or otherwise, of prop;
ithin the City authorized to be used for the sublessee,
of fireworks must possess a retail
a I as that a
saes license issued by the State Fire Marshal. This latter amendment recogn z
qualified owner may enter into a contract with a "retail licensee", as defined in said Section
.40,010 (Definitions), to sell safe and sane fireworks on the qualified owner's property, in
I which case, either the qualified owner or a retail licensee may obtain and must possess a
retail sales license issued by the State Fire Marshal that allows for the retail sale of safe
and sane fireworks for private use.
1, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a
summary of Ordinance No. 6367 which ordinance was introduced at a regular meeting of
the City Council of the City of Anaheim on the 22nd day of March, 2016 and was duly
the
and adopted at a regular meeting of said Council on the r 12th day of April, 2016 by
e following roll call vote of the members thereof:
AYES: Mayor Pro Tem Kring and Council Members Murray and Brandman
NOES: Mayor Tait and Council Member Vanderbilt
ASSENT: None
ABSTAIN: None
The ab �. summary is a brief description of the subject matter contained in the text of Or-
dinanc No. 6367, which has been prepared pursuant to Section 512 of the, Charter of the
City of Anaheim. This summary does not include or describe eve the
of the ordi-
nance 0d should not be relied on as a substitute for the full text of t a ordinance.
I
T'bt'In a copy of the full text of the ordinance, please contact the Office of the City
C'Ierk, t714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no
charge for the copy.
116301/TJR
Publish: Anaheim Bulletin April 21, 2016 10155689