HomeMy WebLinkAboutOrdinance No. 2021-03 UrgencyURGENCY 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
WHEREAS, over the years Los Angeles County and the City have experience devastating
wildfires which have greatly impacted the City; and,
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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."
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.
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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 7tn day of June 2021.
Robert Gonzales —
Mayor
ATTEST:
f • L ence Comejo r.
City Clerk
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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: GONZALES, MACIAS, ALVAREZ, AVILA, MENDEZ
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: NONE
qyyC
I.a ce Cornejo, Jr
k
APPROVEDAS TO FORM:
Best, [ st & Krieger, L AP
City Attorney
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