HomeMy WebLinkAboutAGENDA REPORT 2010 0519 CC REG ITEM 09C ITEM 9.C.
CITY OF MOORPARK.CALIFORNIA
City Council Meeting
MOORPARK CITY COUNCII-of 5 -1 q-8.01 O
AGENDA REPORT ACTION: Lax1„�,�!
TO: Honorable City Council BY: L;!h
FROM: Deborah S. Traffenstedt, Administrative Services Director/City Clerk
Prepared by Maureen Benson, Assistant City Clerk `tea'
DATE: May 13, 2010 (CC Meeting of 5/19/10)
SUBJECT: Consider an Ordinance Adding Chapter 8.64, Fireworks Prohibited,to Title
8, Health and Safety, of the Moorpark Municipal Code
DISCUSSION
All dangerous fireworks are prohibited by State Law unless there is a valid operator's permit
issued by the State and a site use permit issued by the local fire authority. In the City of
Moorpark, the Ventura County Fire Protection District (VCFPD) is the fire authority and its
adopted Fire Code(2006 International Fire Code with amendments under VCFPD Ordinance
No. 26) is the governing law for the City. The VCFPD refers to this as the Ventura County
Fire Code (VCFC). The specific chapter and section is "3301.1.3: Fireworks. The
possession, manufacture, storage, sale, handling, and use of fireworks are prohibited.”
The only prohibitive language in the Moorpark Municipal Code regarding fireworks is currently
contained in Title 12, Streets, Sidewalks, and Public Places, in chapters dealing with public
parks, public open spaces,public recreation grounds, and in the buffer zone. Resolution No.
2007-2665 adopted by the City Council on December 5,2007,did ratify the implementation of
Appendix J of Ventura County Fire Protection District Ordinance No. 26, which deals with
building codes; however, this appendix does not pertain to fireworks.
The proposed addition of Chapter 8.64 is to clearly identify, for the public's benefit, that all
fireworks, as defined by California Health and Safety Code and the Ventura County Fire
Protection District Fire Code(VCFC), including"safe and sane fireworks",are prohibited in the
City of Moorpark, with the exception of public displays and theatrical/special effects
authorized by a valid VCFC permit and applicable City temporary use or park rental permit.
The penalty for violation of any provision or requirement of Chapter 8.64 has also been
included in the draft ordinance. The City Attorney and the VCFPD have reviewed the
attached draft ordinance.
FISCAL IMPACT
None.
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Honorable City Council
May 19, 2010 Regular Meeting
Page 2
STAFF RECOMMENDATION
Introduce Ordinance No. for first reading, waive full reading, and direct staff to
schedule second reading and adoption for June 2, 2010.
Attachment: Draft Ordinance
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF CITY OF
MOORPARK, CALIFORNIA, ADDING CHAPTER 8.64,
FIREWORKS PROHIBITED, TO TITLE 8, HEALTH AND
SAFETY, OF THE MOORPARK MUNICIPAL CODE
WHEREAS, the City Council has determined that Chapter 8.64, Fireworks
Prohibited, should be added to the Moorpark Municipal Code to clearly identify that all
fireworks, as defined by California Health and Safety Code and the Ventura County Fire
Protection District Fire Code (VCFC), including "safe and sane fireworks", are prohibited
in the City of Moorpark, with the exception of public displays and theatrical/special
effects authorized by a valid VCFC permit and applicable City temporary use or park
rental permit; and
WHEREAS, Chapter 8.64 is also proposed to include the penalty for violation of
any provision or requirement of Chapter 8.64.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8.64, Fireworks Prohibited, of Title 8, Health and Safety, of
the Moorpark Municipal Code is hereby added to read as follows:
"Chapter 8.64
FIREWORKS PROHIBITED
Sections:
8.64.010 Prohibition.
8.64.020 Violation.
8.64.010 Prohibition.
All fireworks, as defined by California Health and Safety Code and
the Ventura County Fire Protection District Fire Code (VCFC), including
"safe and sane fireworks", are prohibited in the City of Moorpark, with the
exception of public displays and theatrical/special effects authorized by a
valid VCFC permit and applicable City temporary use or park rental
permit.
8.64.020 Violation.
Any violation of any provision of, or failure to comply with, any
requirement of this chapter may be prosecuted as an infraction or
misdemeanor consistent with section 1.10.020 of this code and, upon
conviction thereof, the person so prosecuted shall be punished in
accordance with this code. The remedies provided by this code are
cumulative and in addition to any other remedies available at law or in
equity."
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Ordinance No.
Page 2
SECTION 2. If any section, subsection, sentence, clause, phrase, part or portion of
this ordinance is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this ordinance. The City Council declares that it would have adopted this ordinance and
each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of
the fact that any one or more section, subsections, sentences, clauses, phrases, parts or
portions be declared invalid or unconstitutional.
SECTION 3. This ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 4. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a minute of the passage and adoption thereof in the records of the proceedings of the City
Council at which the same is passed and adopted; and shall, within fifteen (15) days after
the passage and adoption thereof, cause the same to be published once in the Moorpark
Star a newspaper of general circulation, as defined in Section 6008 of the Government
Code, for the City of Moorpark, and which is hereby designated for that purpose.
PASSED AND ADOPTED this day of , 2010.
Janice S. Parvin, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
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