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HomeMy WebLinkAboutD-1 Staff Report - Urgency Ordinance - Amending Fireworks Administrative Citations and Fines1 SCHEDULED ITEM D-1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MARCO A. MARTINEZ, CITY ATTORNEY MIKE BERTELSEN, CHIEF OF POLICE DATE: JUNE 7, 2021 SUBJECT: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING SECTION 30-137(c) OF THE AZUSA MUNICIPAL CODE RELATING TO ADMINISTRATIVE CITATIONS AND FINES FOR VIOLATIONS OF THE CITY OF AZUSA’S FIREWORKS REGULATIONS RECOMMENDATION: It is recommended that the City Council review and adopt the following Urgency Ordinance No. 2021-03 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING SECTION 30-137(c) OF THE AZUSA MUNICIPAL CODE RELATING TO ADMINISTRATIVE CITATIONS AND FINES FOR VIOLATIONS OF THE CITY OF AZUSA’S FIREWORKS REGULATIONS BACKGROUND: At the May 3, 2021, the City Council directed staff to return with an urgency ordinance to increase administrative fines for use of illegal fireworks within the City. The attached Urgency Ordinance increases the administrative fines for the discharge of illegal fireworks. ANALYSIS: The Azusa Municipal Code currently allows for enforcement of fireworks violations through administrative fines (Sec. 30-137). Fines associated with violations involving legally sold APPROVED CITY COUNCIL 6/7/2021 2 fireworks begin at $250 for the first violation and $500 for all subsequent violations. Fines associated with illegal fireworks are $1,000 for the first and subsequent violations. Fines are based on the number of violations committed annually. California Health and Safety Code 12671 also makes it unlawful for any person to sell, offer for sale, use, discharge, possess, store, or transport any type of fireworks within this state unless the State Fire Marshal has classified and registered such fireworks. Every year, many Azusa residents and visitors celebrate the July 4th Independence Day holiday by discharging fireworks. In addition to discharging legally sold fireworks, a significant number of residents, visitors, adults, and minors discharge dangerous illegal fireworks. The discharge of illegal fireworks has become significant enough that the Police Department now receives complaints about illegal fireworks throughout the year. Complaints about the discharge of legal fireworks are minimal. As a result, the fines associated with legal fireworks are graduated and lower. Fines associated with violations involving legally sold fireworks begin at $250 for the first violation and $500 for all subsequent violations. The Azusa Police Department works to take enforcement action related to the illegal discharge of fireworks year round. Enforcement for the discharge of illegal fireworks can be difficult since many people discharge the fireworks intermittently and/or from the privacy of their private backyards. Even if a possible offender or offender address is identified to officers, they must witness a violation to take enforcement action. Administrative citations can be written to an individual person or property owner. In 2020 the Azusa Police Department had 793 calls for service associated with fireworks. 233 of those calls for service took place between July 1st and July 5th. During July 4th enforcement operations, 43administrative citations were issued to violators. A total of 60 administrative citations were issued in 2020. Of the $59,200 in fines issued, $25,080 have been collected through the City’s administrative citation collection system, with $26,220 still being owed to the City. Please note that eight (8) of the citations were successfully appealed and overturned, therefore reducing the total amount of fines issued. Additionally, the City’s administrative citation collection system will ultimately refer unpaid citations to the State’s Franchise Tax Board. Outstanding funds may then get collected from tax refunds, lottery winnings, or via other means, and then be applied to the outstanding debt. Increased Fine Schedule The attached Urgency Ordinance provides for an increase fine schedule. Currently, the municipal code provides fines associated with illegal fireworks are $1,000 for the first and subsequent violations. This Urgency Ordinance would increase the fines as follows: 1. $1,000.00 for the first violations of section 30-102 involving the discharge of illegal fireworks to any person or property address. 2. $2,000 for the second violation of section 30-102 involving the discharge of illegal fireworks and issued to any person or property address within five (5) years of the first violation. 3. $5,000 for the third violation of section 30-102 involving the discharge of illegal fireworks and issued to any person or property address within five (5) years of the first violation. 3 4. $5,000 for any subsequent and consecutive violation of section 30-102 involving the discharge of illegal fireworks and issued to the same person or property address as the administrative citation issued the prior year beyond the fifth year. Item 4 is needed to make clear that a citation issued in the sixth year after five consecutive violations does not start over with a $1,000 fine. Fines for violations of the safe and sane provisions would continue to be $250.00 for the first violation and $500.00 for all subsequent violations. Government Code 36937 California Government Code, Section 36937 authorizes the adoption of urgency ordinances in order to protect the public health, safety and welfare. Urgency ordinances take effect immediately upon adoption and require passage with a 4/5 vote of the City Council. As noted in the recitals contained in the attached urgency ordinance, recent observations by the Police Department and resident complaints reveal that the 2021 fireworks discharge season has started much earlier than past years. Thus, in order for the increased fines to serve as a deterrent this year, it is necessary to update the City’s fireworks fines in time to be effective immediately in order to deter the discharge of illegal fireworks, reduce fire hazards in the community and save lives. As a result, this Urgency Ordinance contains findings to explain these reasons and would become effective immediately and in time for the 2021 July 4th season. FISCAL IMPACT: There is no fiscal impact arising from this action. However, the City may see in increase in revenue from the collection of increased fines. Prepared by: Reviewed and Approved: Marco A. Martinez Sergio Gonzalez City Attorney City Manager Attachment: 1) Urgency Ordinance No. 2021-03 Page 1 of 4 URGENCY ORDINANCE NO. 2021-03 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING SECTION 30-137(c) OF THE AZUSA MUNICIPAL CODE RELATING TO ADMINISTRATIVE CITATIONS AND FINES FOR VIOLATIONS OF THE CITY OF AZUSA’S FIREWORKS REGULATIONS WHEREAS, the Health and Safety Code section 12671 makes it unlawful for any person to sell, offer for sale, use, discharge, possess, store, or transport any type of fireworks within this state unless the State Fire Marshal has classified and registered such fireworks; and WHEREAS, the Azusa Municipal Code currently allows for enforcement of fireworks violations via criminal penalties and administrative fines; and WHEREAS, administrative fines associated with violations involving legally sold fireworks begin at $250 for the first violation and $500 for all subsequent violations; and WHEREAS, fines associated with illegal fireworks are $1,000 for the first and subsequent violations and fines are based on the number of violations committed annually; and WHEREAS, every year, many Azusa residents and visitors celebrate the July 4th Independence Day holiday by discharging fireworks. In addition to discharging legally sold fireworks, a significant number of residents, visitors, adults, and minors discharge dangerous illegal fireworks; and WHEREAS, the discharge of illegal fireworks has become significant enough that the Police Department now receives complaints about illegal fireworks through the year; and WHEREAS, the Police Department works to take enforcement action related to the illegal discharge of fireworks year round. Enforcement for the discharge of illegal fireworks can be difficult since many people discharge the fireworks intermittently and/or from the privacy of their private backyards. Even if a possible offender or offender address is identified to officers, they must witness a violation to take enforcement action. Administrative citations can be written to an individual person or property owner; and WHEREAS, even in cases where administrative citations for the discharge of illegal fireworks are issued, the $1,000 fines are no longer a deterrent since some families pool funds among all invited guests to pay the fireworks fine; and WHEREAS, in 2020 the Azusa Police Department had 793 calls for service associated with fireworks. 233 of those calls for service took place between July 1st and July 5th. During July 4th enforcement operations, 43 administrative citations were issued to violators. A total of 60 administrative citations were issued in 2020; and Attachment 1 Page 2 of 4 WHEREAS, over the years Los Angeles County and the City have experience devastating wildfires which have greatly impacted the City; and, WHEREAS, because of the unique fire hazard risks that the City faces coupled with its geographic, geological and climatically conditions, the City has determined that the public health, safety, and welfare will be served by (1) increasing the fines associated with illegal fireworks for the first and subsequent violations, and WHEREAS, recent observations by the Police Department and resident complaints reveal that the 2021 fireworks discharge season has started much earlier than past years and it is necessary to update the City’s fireworks fines in time to be effective for the July 2021 fireworks discharge season, deter the discharge of illegal fireworks, reduce fire hazards in the community and save lives; and WHEREAS, the City Council finds that this Urgency Ordinance is enacted in order to protect the public health, safety and welfare by adopting regulations that would become effective prior to July 4, 2021 to address the increase in discharge of illegal fireworks in the community. THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. Urgency Findings. In accordance with California Government Code, Section 36937 and in order to protect the public health, safety and welfare, the City Council finds the above recitals are true and correct and are incorporated herein by reference as urgency findings in support of the adoption of this urgency ordinance. SECTION 2. Section 30-137(c) of Article IV, Chapter 30 of the Azusa Municipal Code is hereby amended to read as follows: “(c) Citations issued pursuant to this article shall carry administrative fines as follows: (1) $1,000.00 for the first violations of section 30-102 involving the discharge of illegal fireworks to any person or property address. (2) $2,000 for the second violation of section 30-102 involving the discharge of illegal fireworks and issued to any person or property address within five (5) years of the first violation. (3) $5,000 for the third violation of section 30-102 involving the discharge of illegal fireworks and issued to any person or property address within five (5) years of the first violation. (4) $5,000 for any subsequent and consecutive violation of section 30-102 involving the discharge of illegal fireworks and issued to the same person or property address as the administrative citation issued the prior year beyond the fifth year. (5) $250.00 for the first violation and $500.00 for all subsequent violations of any other provision of this article.” Page 3 of 4 SECTION 3. California Environmental Quality Act (“CEQA”). The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) of the CEQA Guidelines because the activity has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment, and pursuant to Section 15060(c)(3) of the CEQA Guidelines because the activity is not a project as defined in Section 15378) of the CEQA Guidelines. SECTION 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. SECTION 5. Effective Date. This Urgency Ordinance shall become effective immediately upon its adoption with four-fifths vote of the City Council and findings made pursuant to California Government Code section 36937. Within fifteen (15) days after said passage, a summary of this Ordinance with the names of the Council Members voting for or against the same, shall be published in a newspaper of general circulation in the County of Sonoma, State of California. PASSED, APPROVED and ADOPTED this 7th day of June 2021. Robert Gonzales Mayor ATTEST: Jeffrey Lawrence Cornejo, Jr. City Clerk APPROVED AS TO FORM: ______________________________ Marco A. Martinez City Attorney Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Urgency Ordinance No.2021-03 was duly introduced and adopted by the City Council of the City of Azusa, at a regular meeting thereof held on the 7th day of June 2021, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Jeffrey Lawrence Cornejo, Jr. City Clerk