HomeMy WebLinkAboutORD 1504 ORDINANCE NO. 1504
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, CALIFORNIA, ADDING SECTION 93.13
TO CHAPTER 93, TITLE IX OF THE BALDWIN PARK
MUNICIPAL CODE RELATING TO ADMINISTRATIVE
FINES FOR THE DISCHARGE OR POSSESSION OF
ILLEGAL FIREWORKS
WHEREAS, 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 Baldwin Park Municipal Code currently allows for enforcement of
fireworks violations via criminal penalties and administrative fines; and
WHEREAS, administrative fines associated with violations of the City's illegal
fireworks prohibitions are processed using the City's Administrative Fine provisions/
contained in Chapter 15 of the Baldwin Park Municipal Code; and
WHEREAS, fines associated with illegal fireworks are the same as the fines
associated with other non-building code violations of the City's Municipal Code, and have
proven to not be an effective deterrent; and
WHEREAS, every year, 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; and
WHEREAS, even in cases where administrative citations for the discharge of
illegal fireworks are issued, the current amount of the administrative fine is no longer a
deterrent since some families pool funds among all invited guests to pay the fireworks
fine; and
WHEREAS, since 2020 the Baldwin Park Police Department had over 1,500 calls
for service associated with fireworks; and
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WHEREAS, because of the fire hazard risks that the illegal fireworks produce,
coupled with dry 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 fireworks discharge season has starts much earlier than in past
years and continue through a longer period of time and it is necessary to update the City's
fireworks fines in time to be effective as soon as possible to deter the discharge of illegal
fireworks, reduce fire hazards in the community and save lives; and
WHEREAS,the City Council finds that this Ordinance is enacted in order to protect
the public health, safety and welfare of the residents and property owners of the City of
Baldwin Park.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The recitals above are true and correct and incorporated herein by
reference.
SECTION 2. Section 93.13 is hereby added to Chapter 93 of Title IX of the Baldwin
Park Municipal Code to read as follows:
"93.13 ADMINISTRATIVE FINE AMOUNTS.
Notwithstanding the administrative fine amounts authorized by Section 15.07
of this Code, violations of Section 93.09 of this chapter shall be subject to issuance
of administrative citations and fine amounts as follows:
(1) $1,000.00 for the first violation issued to any person or property
address.
(2) $2,000 for the second violation issued to any person or property
address within five (5) years of the first violation.
(3) $5,000 for the third violation issued to any person or property
address within five (5) years of the second violation.
(4) $5,000 for subsequent violations issued to any person or
property address within one (1) year of the third violation."
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. Effective Date. This ordinance shall take effect thirty (30) days after its
adoption by the City Council.
SECTION 5. Severability. If any provision of this Ordinance or the application thereof
to any person or circumstance is held invalid, the remainder of the Ordinance and the
application of such provision to other persons or circumstances shall not be affected
thereby.
PASSED AND APPROVED ON THE 2nd DAY OF August 2023
EMMANUEV STRADA, MAYOR
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) . ss:
CITY OF BALDWIN PARK )
I, CHRISTOPHER SAENZ, City Clerk of the City of Baldwin Park, do hereby
certify that the foregoing Ordinance was regularly introduced and placed upon its
first reading at a regular meeting of the City Council on July 19, 2023. Thereafter,
said Ordinance No. 1504 was duly approved and adopted at a regular meeting of
the City Council on August 2, 2023, by the following vote:
AYES: COUNCILMEMBER AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
NOES: COUNCILMEMBER N/A
ABSENT: COUNCILMEMBER N/A
ABSTAIN: COUNCILMEMBER N/A
CHRISTOPHER SAENZ
CITY CLERK
APPROVED AS TO FORM:1MAR O MARTIN n
CITY ATTORNEY
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