HomeMy WebLinkAboutOrdinances - No. 1844ORDINANCE NO. 1844
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
CHAPTER 9.12 IN ITS ENTIRETY; ADDING CHAPTER 9.13,
“SALE OF FIREWORKS”; AND FURTHER AMENDING CHAPTER
17.78, “CERTIFICATES OF OCCUPANCY,” BY ADDING SECTION
17.78.050, “TEMPORARY EVENT PERMITS”
REPEALING AND RE-ENACTING LODl MUNICIPAL CODE
................................................................... ...................................................................
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODl AS FOLLOWS:
SECTION I. Lodi Municipal Code Title 9 - Public Peace, Morals, and Welfare - is
hereby amended by repealing and reenacting Chapter 9.1 2, “Fires, Firearms, and
Fireworks,” in its entirety to read as follows:
CHAPTER 9.12
SECTIONS:
9.1 2.01 0
9.1 2.020
Discharge of Weapons and Fireworks - Fires
Firearms at Lodi Lake Park
9.1 2.01 0 Discharge of Weapons and Fireworks - Fires.
A. Any person who does any of the following without first obtaining a special permit
therefore, in writing, from the Chief of Police, which permit shall designate the time and
_- - __ - place of suchfiring or discharging, is guilty of a misdemeanor: - - - -_
1. Fires or discharges any pistol, gun, rifle, firearm, cannon anvil loaded with
powder, bow, airgun or sling, or other dangerous missile is projected,
within the City
B. Except as provided in Chapter 9.13 of this code, any person who does any of the
following without first obtaining a special permit therefore, in writing, from the Fire Chief,
which permit shall designate the time and place of such firing or discharging, is guilty of
a misdemeanor:
1. Possesses, discharges, or explodes any firecrackers, firerockets, roman
candles, chasers, or other fireworks of any nature or kind; or
2. Makes any bonfire of any nature or kind, or who makes any bonfire or
burns any hay, straw, rubbish, shavings, or other combustible materials
within the City limits.
C. The provisions of this section do not prohibit any person from shooting
destructive animals within or upon his own enclosure, nor prohibit the establishment and
maintenance of shooting galleries, in accordance with the ordinances of the City.
9.1 2.020 Firearms at Lodi Lake Park.
Any person, excepting public officers, possessing, carrying or discharging
firearms within the boundaries of the lands of the City commonly known and designated
as “Lodi Lake Park is guilty of a misdemeanor.
1
SECTION 2. Lodi Municipal Code Title 9 - Public Peace, Morals, and Welfare - is
hereby amended by adding Chapter 9.13, “Sale of Fireworks,” to read as follows:
CHAPTER 9.13
SECTIONS:
9.1 3.010
9.1 3.020
9.1 3.030
9.1 3.040
9.1 3.050
9.1 3.060
9.13.070
9.1 3.080
9.1 3.090
9.13.100
9.13.110
9.13.120
9.13.130
9.13.140
9.13.150
9.13.160
9.13.170
9.13.190
9.1 3.200
9.1 3.21 0
9.13.220
9.13.230
__. - 9~13.4-80 __
Definitions.
Sale and Discharge-Time limit.
Permit Required-Issuance-Limitations.
Permit Application-Regulations-Limitations.
Prerequisites to Issuance of Permit.
Permit Applications-Notice of Acceptance or Rejection-Selection
P roced ure-Fee.
Suspension of Permit-Appeal Procedure.
Fireworks Sales Stand-Operation.
Fireworks Sales Stands-Requirements.
Fee Imposed upon Permittees.
Temporary Sales Tax Permit-Requirements.
Reserved.
Permissible Locations for Discharge.
Prohibitions on Discharge.
Reserved.
Administrative Penalties-Appeals.
Issuance of Administrative Citation-Contents.
Administrative Fines.- -
Right to an Administrative Hearing.
Administrative Hearing-Procedures.
Hearing Decision-Right of Appeal.
Financial Reporting.
Provisions Supplementary.
9.1 3.010
CHAPTER 9.1 3 FIREWORKS
Def i n i tions.
The following words and phrases, as used in this chapter, are defined as follows:
A. “Citee” means any person served with an administrative citation charging him or
her as a responsible person for violation of this chapter.
“Citation” means an administrative citation issued pursuant to this chapter to
remedy a violation.
B.
C. “City Manager” means the City Manager of the City of Lodi and/or designee or
designees.
“Code” means the Lodi Municipal Code.
“Code Enforcement Officer” (CEO) means any Lodi Firefighter or Lodi Police
Officer and those Parks and Recreation employee’s designated to have citation
powers by the Parks and Recreation Director.
D.
E.
2
F.
G.
H.
I.
J.
K.
L.
“Dangerous fireworks” mean dangerous fireworks as set forth in California State
Fireworks Law (Sections 12505 and 12561 of the California Health and Safety
Code and the relevant sections of Title 19, Code of Regulations, Subchapter 6),
as hereinafter may be amended from time to time, which are hereby incorporated
by reference.
“Director” means the City Manager andlor designee or designees.
“Fire Chief” means the Fire Chief of the City of Lodi or other City Manager
designee or designees.
“Fireworks Task Force Costs” means those employee salary, overtime and
benefit costs, disposal costs, clean up costs, and operations costs incurred by
the Lodi Police, Fire, and Parks and Recreation Departments to operate a Task
Force to enforce the provisions of this chapter between June 28 and July 7 of
each calendar year. Fireworks Task Force Costs shall not exceed $20,000 in the
first year after the effective date of this Ordinance, adjusted by The Consumer
Price Index, San Francisco, All Consumers, annually thereafter.
“Fireworks Wholesaler” means any person who sells fireworks to other
wholesalers or retailers for resale; or any person, other than an importer,
exporter, or manufacturer, who purchases fireworks from a manufacturer,
importer or exporter for resale to a retailer or any other person for resale.
“Hearing Officer” means the person appointed by the City Manager to serve as
the hearing officer for administrative hearings under this chapter.
“Issuance” or “Issued” means any of the following:
a. The preparation and service of an administrative fine citation to a citee in
the same manner as a summons in a civil action in accordance with
Article Ill (commencing with Section 415.10) of Chapter 4 of Title 5 of Part
2 of the Code of Civil Procedures; or
b. Mailing of administrative fine citation to the citee by certified mail with
return receipt to the address shown on the county’s latest equalized
property taxes assessment rolls; or
c. By personally serving the responsible party by personal delivery of the
administrative fine citation or by substituted service. Substituted service
may be accomplished as follows:
I. By leaving a copy at the recipient’s dwelling or usual place of
abode, in the presence of a competent member of the household,
and thereafter mailing by First Class Mail, postage pre-paid, a
copy to the recipient at the address where the copy was left; or
2. In the event the responsible party cannot be served by First Class
Mail, postage pre-paid, or cannot be personally served and has a
property manager or rental agency overseeing the premises,
substituted service may be made upon the property manager or
rental agency or may be affected by posting the property with the
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. . . . . . . . . . . . .
administrative fine citation and mailing a copy by First Class Mail,
postage pre-paid, to the responsible party in violation at the
address of the property where the violation exists.
M. “Lodi City Clerk or “City Clerk means the Lodi City Clerk andlor designee or
designees.
N. “Nonprofit organization” means: (1) any nonprofit association, charity, church,
corporation, club, or society organized primarily for veteran, patriotic, welfare,
civic, benevolent, betterment, youth activities, or charitable purposes and has
obtained a nonprofit status with either the California Franchise Tax Board or the
Internal Revenue Service; or (2) a group which is an integral part of a recognized
nonprofit national organization having such tax exempt status; or (3) an
organization affiliated with and officially recognized by an elementary, junior high
school, high school, school district, andlor college that serves, in whole or in part,
the residents of Lodi. To qualify as a “nonprofit” under in this definition, the entity
must have a principal and permanent meeting place within the City limits of the
City of Lodi.
0. “Person” means a natural person or a legal entity that is also an owner, tenant,
lessee, and/or other person with any right to possession or control of the property
where a violation of this chapter occurred.
P. “Principal and permanent meeting place” means and includes, but is not limited
to, a permanent structure, playing field, .geographic area, or service population
which resides in or is located within the city limits of the City of Lodi.
Q. “Residents of the City” or “City residents” means and includes owners of
businesses and/or property in the city limits as well as occupants of residential
dwellings within the city limits of the City of Lodi.
R. “Responsible Person” means a person who causes a code violation to occur or
allows a violation to exist or continue, by his or her action or failure to act, or
whose agent, employee or independent contractor causes a violation to occur, or
allows a violation to exist or continue. There is a rebuttable presumption that the
record owner of real property, as shown on the county’s latest equalized property
taxes assessment rolls, and a lessee of real property has a notice of any violation
existing on said property. For purposes of this chapter, there may be more than
one responsible person for a violation. Any person, irrespective of age, found in
violation of any provision of this chapter may be issued a citation in accordance
with the provisions of this chapter. Every parent, guardian, or other person
having the legal care, custody, or control of any person under the age of 18
years, who knows or reasonably should know that a minor is in violation of this
chapter, may be issued a citation in accordance with the provisions of this
chapter, in addition to any citation that may be issued to the offending minor.
S. “Safe and sane fireworks” (a.k.a. “State-approved fireworks”) mean safe and
sane fireworks as defined in California State Fireworks Law (Sections 12529 and
12562 of the Health and Safety Code and the relevant sections of Title 19, Code
of Regulations, Subchapter 6), as hereinafter may be amended from time to time,
which are hereby incorporated by reference.
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T. “Violation” or “Violates” refers to any violation of any provision of this chapter..
9.13.020 Sale and Discharge-Time limit.
A. Subject to the provisions of this chapter, the State Fireworks Law, Sections
12500 through 12726 of the California Health and Safety Code, and any regulations
promulgated thereunder, safe and sane fireworks, as defined herein, may be sold within
the city limits of the City of Lodi only during the period beginning at 12:OO noon on
June 28 and shall not continue after 9:00 p.m. on July 4 of the same year. The sale of
fireworks shall be permitted only from 12:OO noon to 9:00 p.m. on June 28; from
9:00 a.m. to 9:00 p.m. daily from June 29 through July 4. No fireworks classified as
“dangerous fireworks” by Section 12505 of the California Health and Safety Code of the
may be sold within the city limits of the City of Lodi.
B. Subject to the provisions of this chapter, the State Fireworks Law, Sections
12500 through 12726 of the California Health and Safety Code, and any regulations
promulgated thereunder, safe and sane fireworks, as defined herein, may be discharged
within the city limits of the City of Lodi only during the period beginning at 12:OO noon to
11:OO p.m. on June 28 and from 9:00 a.m. to 11:OO p.m., daily, from June 29 through
July 4. No fireworks classified as “dangerous fireworks” by Section 12505 of the
California Health and Safety Code may be discharged within the city limits of the City of
Lodi.
C.
prohibited.
9.1 3.030 Permit Required-Issuance-Limitations.
The use or discharge of fireworks within 50 feet of any fireworks sales stand is
A. Except as provided in this chapter, it is unlawful to offer for sale or sell at retail
“safe and sane fireworks’’ without having first applied for and been issued a permit
therefor, in the manner set forth in this chapter.
6. Permits for the sale of safe and sane fireworks shall be issued only to nonprofit
organizations, and such fireworks shall be sold only at the outdoor sales stands, as more
specifically set forth hereinafter.
C. Permits shall be issued by lottery. The lottery shall take place at a time, place,
and manner determined by the Fire Chief in accordance with administrative rules and
procedures adopted by the Fire Chief. Each individual applicant and joint venture shall
receive one lot.
D.
time.
No more than six (6) such permits shall be issued and be outstanding at any
E. No nonprofit organization may receive more than one (I) permit for the sale of
fireworks during any one (1) calendar year; one (1) permit may be issued to two (2)
qualifying applicants as a joint venture. Only one (1) application per school will be
allowed. If an organization is affiliated with a recognized educational institution as
defined in Section 9.13.010 of this chapter, but maintains a separate tax-exempt status
with the Internal Revenue Service or the California Franchise Tax Board, said nonprofit
organization shall be allowed a separate application.
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F.
consecutive calendar years.
No nonprofit organization may be awarded a permit for more than two (2)
G. Any applicant that has had a fireworks sales permit suspended or revoked within
the prior three (3) calendar years shall be eligible for a fireworks sales permit only upon
demonstrating to the Fire Chief's reasonable satisfaction that suitable arrangements
have been made to preclude future violations.
9.1 3.040 Permit Application-Regulations-Limitations.
A. All applications for a permit to sell fireworks may be filed with the Fire
Department between the first business day in March and the last business day in March
of each year, except that for the year 201 1 applications will be available on April 20 and
must be submitted to the Fire Department no later than May 4, 2011. All applications
shall be accompanied by an application fee in an amount as may be established from
time to time by resolution of the City Council.
B. All permit applications must be properly completed and submitted to the Lodi Fire
Department before the close of business on the last business day in March, except that
for the year 201 1 applications must be submitted no later than the close of business on
May 4, 201 1. Permit applications that are incomplete or filed late shall not be processed.
C. All permit applications shall be made in writing on a form supplied by the City. A
completed permit application shall be accompanied by an assurance that, if the applicant
is issued a permit, the applicant shall, before receipt of such permit, deliver to the City
the following items and/or information:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Proper identification and signature of the permit applicant;
The proposed location of the fireworks sales stand;
Reserved;
A detailed description of the fireworks proposed to be sold;
The written consent of the owner of record and/or lessor in control of the
property upon which the proposed sales stand will be located;
The plan for staffing the proposed sales stand during the proposed days
and hours of operation;
The fireworks distributor's business name, address, telephone number,
and person that is the point of contact;
A site plan, with dimensions indicating the location of all existing
buildings, structures, driveways, flammable materials, and rights of way
where the proposed sales stand will be located;
Proof of a temporary sales tax permit from the State Board of
Equalization or proof of application;
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10.
11.
12.
13.
14.
15.
A certificate of insurance evidencing current and valid commercial general
liability, property damage, and product liability insurance of not less than
$2,000,000.00 combined single limit, from a company authorized to
transact the business of insurance in the state of California. The
insurance company must have an AM Best Rating of not less than A-;
The certificate of insurance must provide an appropriate additional
insured endorsement to the insurance policy or policies, which names
the City of Lodi and its officers, employees, agents, and volunteers as
additional insured’s under the policy or policies;
Proof of a State Fire Marshal retail fireworks license;
Such other information and documentation that the Fire Chief in his or her
reasonable discretion may require;
Temporary Event Permit: Each applicant shall also file a Temporary
Event Permit Application as required by Lodi Municipal Code Section
17.78.050 with the Community Development Department;
Reimbursement Agreement. An Agreement in a form to be obtained from
the City Attorney’s Office between the City of Lodi and the Permittee’s
fireworks distributor, requiring the distributor to indemnify the City for that
distributor’s pro rata share of all Fireworks Strike Team Costs incurred
during the period that fireworks may be sold under this chapter.
D. Each applicant shall file with the City, at the time of filing the permit application, a
nonrefundable application fee as may be established from time to time by resolution of
the City Council, if selected in the lottery as a permittee, and a Letter of Credit, certificate
of deposit, or a surety bond made payable to the City in the amount as set by resolution
of the City Council to assure compliance with the provisions of this chapter. Such deposit
certificate or bond shall be refundable upon compliance with the provisions and
requirements of this chapter, including but not limited to, the removal of the sales stand,
cleaning of the site, and full passage of the City’s final site inspection.
E. The Fire Chief is authorized to promulgate administrative regulations and
procedures necessary for the successful and effective implementation of this chapter
including rules and procedures governing the submission of applications for permits to
sell safe and sane fireworks, inspections of fireworks stands, operation of fireworks
stands, and such regulations relating to the sale of safe and sane fireworks as may be
necessary for the protection of life and property. Said administrative regulations and
procedures shall be set forth in writing and are subject to prior approval by the City
Attorney.
9.1 3.050 Prerequisites to Issuance of Permit.
Permits to sell fireworks shall only be issued to applicants that meet all of the
following qualifications:
A.
primarily for the benefit of the City and its residents.
The applicant must be a nonprofit organization that conducts its activities
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B. The applicant must have been organized and established in the city limits of the
City of Lodi for a minimum of one (1) year continuously preceding the filing of application
for the permit, and must have a bona fide membership of at least 10 members who are
residents of the City.
9.1 3.060 Permit Applications-Notice of Acceptance or Rejection-Selection
Proced u re-Fee.
A. The Fire Chief shall notify all applicants by the third Monday in April regarding the
results of the lottery and the applicants that have been granted permits, except that for
the year 201 1 the Fire Chief shall make this notification by 530 p.m. on May 21 , and
said successful lottery/prospective permittees will have until the close of business on the
third Monday in May to submit their final paperwork required in subsection C of Section
9.1 3.040. If any successful lottery/prospective permittee fails to submit its paperwork by
the deadline, in any given year, the Fire Chief shall give notice on the third Wednesday
in May to the requisite number of substitute lottery applicants that they have until the
second Monday in June to submit paperwork as required by subsection C of Section
9.13.040. In 201 1 , the Fire Chief must notify any substitute lottery applicants by
530 p.m. on June 6 and they will have until the close of business on June 15 to submit
the required paperwork.
B. All applicants that have been granted permits shall, prior to issuance of the
permit, pay a permit fee in an amount established from time to time by resolution of the
City Council. The permit fee is intended to cover the cost of the first inspection of the
fireworks stand. Any necessary subsequent inspections shall be subject to a re-
inspection fee in an amount as established from time to time by resolution of the City
Council. The Letter of Credit, certificate of deposit, or a surety bond made payable to the
City and provided by the applicant pursuant to subsection D of Section 9.13.040 shall be
held by the City to be available to cover the cost of removal of the fireworks sales stand
and site clean-up in accordance with subsection P of Section 9.13.090.
C. Each applicant that has been granted a permit shall have no less than two (2)
members of its sales staff attend an operator safety seminar approved and supervised
by the Lodi Fire Department and provided by a licensed firework's wholesaler or the City
of Lodi Fire Department.
9.1 3.070 Suspension of Permit-Appeal Procedure.
A. The Fire Chief may suspend immediately and without notice or hearing the
permit of any permittee that violates any California statute, rule, regulation, or this code
,while operating or preparing to operate a fireworks sales stand during or immediately
preceding any period of sale. If the Fire Chief reasonably believes that a violation has
occurred during, immediately preceding, or immediately following the authorized period
of sale, he or she shall have power to prohibit the permittee from acquiring a fireworks
sales permit in the future.
B. Any decision of the Fire Chief made pursuant to this chapter shall be subject to
review by the City Manager. When the decision being appealed affects the current sale
period, such review shall be held at the earliest possible time that the permittee, City
Manager and the Fire Chief can schedule a hearing for such review. For decisions that
do not affect the current sales period, the hearing shall be held within ten (10) City
business days after the request for hearing, which request must be made in writing
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. .. . ..
within ten (10) calendar days after notice of the decision being appealed. The City
Manager may set aside the decision, modify it, or revoke in his or her reasonable
discretion. The decision of the City Manager shall be final.
9.1 3.080 Fireworks Sales Stand-Operation.
A. It is unlawful for a permittee to allow any person other than the permitted
nonprofit organization, or its qualified nonprofit organization joint venture partner
pursuant to subsection E of Section 9.13.030, to operate the sales stand for which the
permit is issued, or to otherwise participate in the profits of the operation of the sales
stand.
B. It is unlawful for the permittee to allow any person other than individuals who are
members of the permitted nonprofit organization, or the spouses or adult children of
such members, to sell or otherwise participate in the sale of fireworks.
C.
or otherwise participating in the sale of fireworks.
It is unlawful for the permittee to pay any consideration to any person for selling
D.
older) in attendance and in charge thereof while fireworks are stored therein.
Each sales stand must have a minimum of one (1) adult (21 years of age or
E. No person may sleep in or remain in the stand after close of business.
F. All unsold fireworks must be removed from the stand during non-sale hours and
stored in a centrally located locked metal container or other secure and fire safe
structure during non-sale periods. Each fireworks distributor shall provide a single
storage location and container for storage of its stand‘s fireworks. The container shall be
approved by the Fire Chief and located in an MI or M2 zoned location approved by the
Community Development Director and the Fire Chief.
G. Each sales stand must have on duty at all times during the sales period, at least
one (1) salesperson (21 years of age or older) who attended the City of Lodi Fire
Department operator safety seminar, required pursuant to subsection C of Section
9.1 3.060.
H. The sale of fireworks shall conform to restrictions of Section 9.1 3.020.
I. All unsold fireworks and accompanying litter shall be removed from the sales
location by 500 p.m. on July 5 and the sales stand shall be removed by 12:OO noon on
July 9 of each year.
J. Permittees shall require all persons who appear to be under the age of 30 years
to provide proof of age and shall make no sales of fireworks to persons younger than 18
years of age.
9.1 3.090 Fireworks Sales Stands-Requirements.
All retail sales of “safe and sane fireworks” shall be made only from within a
temporary fireworks sales stand, and sales from any other building or structure is hereby
prohibited. Fireworks sales stands are subject to the following requirements:
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A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
Fireworks sales stands shall be put in place by the permittee no earlier
than 8:OO a.m. on June 24 of each year.
No fireworks sales stand shall be located within 25 feet of any other
building or structure, within five feet of any curb line, or within 100 feet of
any gasoline pump.
The stand must be located on a developed lot with paved parking areas
and driveway approaches and the stand itself must be located on a paved
surface.
The stand may not occupy parking spaces required for the primary use of
the site, or interfere with required access, circulation, fire lanes or fire
hydrants.
The permittee shall install adequate lighting directed downward and away
from city streets and neighboring buildings for any stands open after dark.
No fireworks stand shall be located within 100 feet of any building used
as a school, day care, hospital, place of detention, public garage, or place
of assembly that can accommodate 300 or more occupants, or within 100
feet of a residential zone. Fireworks stands shall only be permitted in a
district zoned CS, C2, CM, MI , or M2 or the PD designation equivalents.
A minimum of 20 feet of separation shall be provided between the
fireworks sales stand and any parked vehicle that is not under the
immediate control of the permittee.
No weeds or other combustible materials are permitted within 25 feet of
the fireworks sales stand.
All fireworks sales stands shall be preapproved by the Fire Chief prior to
opening for business.
All general use 15 amp and 20 amp receptacles shall have listed ground-
fault circuit-interrupter protection and electrical installations shall s be
approved by the City Building Inspector prior to the stand opening for
business.
All fireworks sales stands shall be built and maintained in accordance
with the safety requirements of the City prior to opening for business.
No generators shall be allowed within 25 feet of any fireworks sales
stand.
M. Smoking and the consumption of alcoholic beverages shall not be
allowed within 50 feet of any fireworks sales stand and “No Smoking”
signs shall be displayed on and in the fireworks sales stand.
N. Permittees shall place no signs in the public right-of-way.
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0.
P.
Q.
R.
S.
9.13.100
. . . . . . . . . . . . . . . . . . . . . . . .
Each fireworks sales stand shall be provided with two (2), two-and-one-
half (2.5) gallon pressurized water type fire extinguishers, or two (2)
2A1 OBC dry chemical/powder type fire extinguishers, in good working
order, and easily accessible for use in case of fire.
The fireworks sales stand shall be removed from the temporary location
by 12:OO p.m. on July 9 of each year and all unsold fireworks and
accompanying litter shall be cleared from the location by 500 p.m. on
July 5. If the permittee does not remove the stand and/or clean the sales
site as required by this chapter, the City may do so, or cause the same to
be done, and the reasonable cost thereof shall be charged against the
permittee, and his or her deposit, certificate, or surety. In addition, any
permittee found to be in violation of this section shall be subject to an
administrative penalty imposed in accordance with Section 9.1 3.160.
The permit to sell fireworks shall be displayed in a prominent place in the
fireworks sales stand and shall at all times be visible to members of the
public.
Each permittee under this chapter shall display a poster measuring 18
inches by 32 inches that shall be posted at the point of sale of the
fireworks and hand out a flyer with each sale to notify purchasers of all
applicable restrictions established by this chapter. The Permittee shall
provide the posters and fliers, which shall be approved by the Fire Chief
prior to the permittee opening for business.
Fireworks Stands shall be either 24 or 32 feet long by 8 feet wide. 24 foot
stands shall have two exits and a maximum occupancy of 6 people. 32
foot stands shall have 3 exits and a maximum occupancy of 8 people.
Fee Imposed Upon Permittees.
A. The City of Lodi will require each applicant receiving a permit to pay a fee, as
described in Section 1 (e)(3) of Article Xlll C of the California Constitution, and the City of
Lodi will require each permittee to pay their pro rata portion of the costs that the City of
Lodi has incurred related to the following:
1. Processing and issuing permits;
2. Inspection of fireworks stands;
3. Public education and awareness campaign regarding the safe and
responsible use of Safe and Sane Fireworks and the dangers and risks
posed by the use of illegal fireworks; and
4. With respect to the sale and use of Safe and Sane Fireworks, including extra
personnel time, and cleanup of fireworks trash and debris. “Extra Personnel
Time” shall be defined as employee or contracted employee time that the City
of Lodi would not otherwise incur but for the sale and use of Safe and Sane
Fireworks in the City of Lodi and is the amount to be paid by the Fireworks
Wholesaler pursuant to paragraph 9.1 3.040(~)14.
B.
the permittee has paid to the City the fee imposed by this section.
No permittee may offer for sale or sell safe and sane fireworks, unless and until
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.. . . . . . . . , .
C.
excess revenue for the City, but rather to attempt to offset costs.
The fees established pursuant to this section are not intended to generate
9.1 3.1 10 Temporary Sales Tax Permit-Requirements.
A.
Equalization.
Each permittee must obtain a temporary sales tax permit from the State Board of
B.
fireworks sales stand and at all times be visible to members of the public.
The temporary sales tax permit shall be displayed in a prominent place in the
9.1 3.1 20 Reserved.
9.1 3.1 30 Permissible Locations for Discharge.
The discharge of fireworks in the City shall be limited to private property except
as otherwise provided in this chapter. No fireworks shall be discharged on public, or
semipublic properties, or in a public street or right-of-way except in those areas
approved in writing by the Fire Chief. For purposes of this chapter, “semipublic” is
defined as private property generally open for use by the public but not owned or
maintained by a governmental body. Such property includes without limitation church
property, shopping center property, and other property generally used by patrons of a
commercial or private business establishment, but not including private streets in
residential areas.
9.1 3.1 40 Prohibitions on Discharge.
A. It is unlawful for any person to ignite, explode, project, or otherwise fire or use
any fireworks, or permit the ignition, explosion, or projection thereof, upon, over, or onto
the property of another without his or her consent, or to ignite, explode, project, or
otherwise fire or make use of, any fireworks within 10 feet of any residential dwelling or
other structure used as a place of habitation by human beings.
B. Except as provided in subsection C of this section, it is unlawful for individuals
under 18 years of age to sell, purchase, possess, use, or discharge “safe and sane
fireworks.”
C. It is unlawful for any person having the care, custody, or control of a minor under
the age of 18 years to permit such minor to discharge, explode, fire, or set off any
dangerous, illegal fireworks, at any time, or to permit such minor to discharge or set off
any “safe and sane fireworks” unless such minor does so under the direct supervision of
a person over 18 years of age and during the hours and on the days permitted by this
chapter.
9.13.1 50 Reserved.
9.13.160 Administrative Penalties-Appeals.
A. This chapter 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 citizens of the City of
Lodi. This chapter governs the imposition, enforcement, collection, and administrative
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review of all administrative fines, related to: 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 the use of “safe and sane fireworks” as defined in
California Health and Safety Code Section 12500 et seq. on or at dates, times and/or
locations other than those permitted by this chapter. Said administrative fines are
imposed under authority of Government Code Section 53069.4, Health and Safety Code
Section 12557, and the police power of the City of Lodi.
B. The issuance of citations imposing administrative fines may be petformed at the
discretion of the officials of the City of Lodi; 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.
C. 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.
D. Fines collected pursuant to this chapter related to “dangerous fireworks” shall not
be subject to Health and Safety Code Section 12706, 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 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, which ever is greater, to cover the cost
reimbursement to the State Fire Marshal for said cost of transportation and disposal of
the “dangerous fireworks.”
E. 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.
9.1 3.1 70 Issuance of Administrative Citation-Contents.
A. Whenever a Code Enforcement Officer (CEO) determines that a violation of the
code has occurred, the CEO may issue an administrative citation on a city-approved
form listing the code violation(s) and the amount of the administrative fine required to be
paid by the responsible person(s) in accordance with the provisions of this chapter.
B. Each administrative citation shall contain the following information:
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a. The name, mailing address, date of birth, CDL number (if available), and
home or business telephone number of the responsible person charged
with any violation of this chapter;
Number of Amount of Late Charge
offense in I Administrative Penalty
year period
First $1,000 $ 250
Second $2,000 $ 500
Third $3,000 $1,000
b. The address or description of the location of the violation;
Total Amount of
Penalty plus Late
Charge
$1,250
$2,500
$4,000
c. The date or dates on which the person violated this chapter;
d. The section or sections of this chapter that were violated;
e. A description of the violation(s);
f. The amount of the administrative fine for each violation, the procedure in
place to pay the fines, and any late fee and interest charge(s), if not
timely paid, and notice that if the city is required to take action to collect
such fines, the responsible person may be charged costs and attorney’s
fees;
g. Notice of the procedure to request an administrative hearing to contest
the citation (including the form to be used, how to obtain the form, and the
period within which the request must be made in order for it to be
considered timely);
h. The names, addresses, and telephone numbers of any witnesses to the
violation(s);
1. The name and signature of the CEO who issued the citation and the
name and signature of the citee, if he or she is physically present and will
sign the citation at the time of its issuance. The failure or refusal of a citee
to sign a citation or provide the information required on the citation, shall
not affect its validity or any related subsequent proceedings, nor shall
signing a citation constitute an admission that a person is responsible for
a violation of this chapter;
j. Any other information deemed necessary by the director for enforcement
or collection purposes.
9.1 3.1 80 Administrative Fines.
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Number of Amount of Late Charge
offense in 1 Administrative Penalty
year period
First $250 $ 75
Second $500 $150
Third $750 $300
C. In the case of a violation of any of the provisions listed above, the administrative
fine(s) shall be due and payable within 30 calendar days from the issuance of the
administrative fine citation, and the citee shall be required to abate the violation, and
surrender all dangerous fireworks to the CEO, immediately. For penalties not paid in full
within that time, a late charge in the amount set forth above is hereby imposed and must
be paid to the city by the citee. Fines not paid within the time established by this section
shall accrue interest at the prevailing established rate. On the second and each
subsequent time that a person is issued a citation for the same violation in any 12-month
period, the fine is increased as indicated above and the citee shall be liable for the
amount of the new fine until it is paid, in addition to being responsible for payment of
previous fines.
Total Amount of
Penalty plus Late
Charge
$ 325
$ 650
$1,050
D. All administrative fines and any late charges and interest due shall be paid to the
city at such a location or address as stated on the citation, or as may otherwise be
designated by the City Manager. Payment of any fine or fines shall not excuse the citee
from complying with the provision of this chapter so violated. The issuance of the citation
and/or payment of any fine shall not bar the city from employing any other enforcement
action or remedy to obtain compliance with the provisions of the code so violated
including the issuance of additional citations and/or criminal prosecution.
E. Upon confirmation of the citation or when the citation is deemed confirmed, all
unpaid administrative fines, late fees, and/or interest shall constitute a judgment which
may be collected in any manner allowed by law for collection of judgments including but
not limited to recordation to create a lien on any real property owned by the responsible
person. The city shall be entitled to recover its attorney’s fees and costs incurred in
collecting any administrative fines, late charges, and/or interest.
F. Payment of the 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.
9.13.190 Right to an Administrative Hearing.
A. Any citee may contest the violation(s), or that he or she is a responsible person,
by filing a request for an administrative hearing on a city-approved form with the Lodi
Fire Chief‘s office within 30 calendar days from the issuance date of a citation. if the
Fire Chief does not receive the request in the required time period, the citee shall have
waived a right to a hearing and the citation shall be deemed confirmed and final.
B. No fees shall be charged for the filing of a request for a hearing.
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C. Citees must deposit the full amount of the penalty listed on the citation on or
before the request for a hearing is filed. Failure to deposit the full amount of all penalties
within the required time period, or the tender of a non-negotiable check, shall render a
request for an administrative hearing incomplete and untimely. Penalties that are
deposited with the city shall not accrue interest. Penalties deposited shall be returned to
the person who deposited them if the citation is overturned.
D. A request for a hearing shall contain the following:
a. The citation number;
b. The name, address, telephone number, and any facsimile numbers and
e-mail addresses of each person contesting the citation;
c. A statement of the reason(s) why a citation is being contested;
d. The date and signature of the citee(s).
E. The city will notify all persons who file a request for a hearing in writing by First
Class Mail of the date, time, and place set for the hearing at least 10 calendar days prior
to the date of the hearing. Service of this notice is deemed complete at time of mailing.
The failure of a citee to receive a properly addressed notice shall not invalidate the
citation or any hearing, city action, or proceeding conducted pursuant to this chapter.
F.
complete request is received by the Fire Chief's office.
The hearing will be conducted within 60 calendar days of the date a timely and
G. If the CEO submits an additional written report concerning the citation to the city
for consideration at the hearing, the CEO shall also serve a copy of such report by First
Class Mail on the person requesting an administrative hearing no less than seven (7)
calendar days prior to the date of the hearing. Failure to receive said report shall not
invalidate the citation or any hearing, city action, or proceeding pursuant to this chapter.
9.1 3.200 Administrative Hearing-Procedures.
A. The hearing officer designated or appointed by the City Manager shall hear all
requests for administrative hearings of administrative fines in accordance with the
procedures established herein.
B. Administrative hearings are informal, and formal rules of evidence and discovery
do not apply. Photographs of seized fireworks shall be admissible evidence of the
violation. The city bears the burden of proof to establish a violation and responsibility
therefore by a preponderance of evidence. The citation is prima facie evidence of the
violation, however, and the CEO who issued the citation is not required to attend or
participate at the hearing. The citee(s) and CEO, if present, shall have an opportunity to
present evidence and witnesses and to cross-examine witnesses. A citee may bring an
interpreter to the hearing provided there is no expense to the city therefore. The hearing
officer may question any person who presents evidence or who testifies at any hearing.
C. A citee may appear at the hearing in person or by written declaration executed
under penalty of perjury. Said declaration and any documents in support thereof shall be
tendered to and received by the city at least seven (7) business days prior to the
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hearing. If the citee fails to attend or does not submit a written declaration in a timely
manner, he or she shall be deemed to have waived the right to a hearing. In such an
instance, the hearing officer shall cancel the hearing and not render a decision. In such
instances, the citation shall be deemed confirmed.
D.
issued the citation. The hearing officer may also continue the hearing for cause.
Hearings may be continued once at the request of a citee or the officer who
9.13.210 Hearing Decision-Right of Appeal.
A. After considering all the testimony and evidence submitted at the hearing, the
hearing officer shall issue a written decision to uphold or overturn the citation and shall
state the reasons therefore.
B. The hearing officer shall serve citee(s) by First Class Mail with a copy of the
written decision. The date the decision is deposited with U.S. Postal Service shall
constitute the date of its service. The failure of a citee to receive a properly addressed
decision shall not invalidate any hearing, city action, or proceeding conducted pursuant
to this chapter.
C. Decisions of the hearing officer may be appealed to the City Council within 30
calendar days after the date of their service. Each decision shall contain a statement
advising the citee of this appeal right and the procedure for its exercise. A citee shall file
a notice of appeal with the city within 20 calendar days after the date of service of the
hearing officer’s decision.
D.
shall be deemed confirmed.
If a hearing officer’s decision is not appealed in a timely manner, the decision
E. The City Council is the sole reviewing authority and an appeal from a hearing
officer’s decision is not appealable to the Superior Court. If a responsible person prevails
on appeal, the city shall reimburse his or her fine deposit within 30 calendar days of the
City Council’s decision on the appeal.
9.13.220 Financial Reporting.
On or before September 1 of any year authorized pursuant to a permit, the
permittee shall submit to the City Clerk a financial statement by the treasurer or financial
officer of the permittee setting forth the total gross receipts from the fireworks stand
operated by the permittee; all expenses incurred and paid in connection with the
purchase of fireworks and the sale thereof; and to whom and for what purpose the net
proceeds were or will be disbursed, along with the most recent report filed by the
permittee to the State Board of Equalization. The filing of such statement shall be a
condition precedent to the granting of any subsequent permit under this chapter.
9.1 3.230 Provisions Supplementary.
The provisions of this chapter are supplementary to the provisions of the Fire
Code of the City of Lodi. In case of a direct conflict between the provisions of the Fire
Code of the City, and the provisions of this chapter, the provisions of this chapter shall
prevail. Except with respect to such direct conflict, the provisions of the Fire Code of City
of Lodi shall remain in full force and effect.
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. . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . - . .
SECTION 3. Lodi Municipal Code Chapter 17.78 - Certificates of Occupancy - is
hereby amended by adding Section 17.78.050, “Temporary Event Permits,” to read
as follows:
WHEREAS, Temporary Events often require the installation of temporary
structures, electrical power, mechanical power, and/or fuel that may if improperly
installed may pose a health and safety risk to the public; and
WHEREAS, Temporary Events must meet accessibility requirements.
17.78.050. Temporary Event Permits
A. All temporary events shall apply for and receive a Temporary Event Permit from
the Community Development Department before opening to the public. The Temporary
Event Location shall be inspected by the City Manager’s designee for compliance with
any applicable provisions of the Lodi Municipal Code, the Building Code, Electrical
Code, Fire Code, and ADA accessibility requirements.
B. As used in this Ordinance, Temporary Events shall- mean carnivals, fireworks
stands, Christmas tree lots, tent sales, and other temporary uses that involve the
temporary installation for electrical or mechanical power, fuels, and/or temporary
structures.
C. A fee for the temporary event permit required by this Chapter shall be paid to the
City of Lodi as established from time to time by Council resolution. Fees shall be paid
prior to permit issuance. The Community Development Director or designee shall
establish an application form for processing the applications required by this Chapter.
SECTION 4. No Mandatorv Dutv Of Care. This ordinance is not intended to and shall
not be construed or given effect in a manner which imposes upon the City, or any officer
or employee thereof, a mandatory duty of care towards persons or property within the
City or outside of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
SECTION 5. Non-Severability. If any provision of this ordinance or the application
thereof to any person or circumstances is held invalid, such invalidity shall invalidate the
entire ordinance. To this end, the provisions of this ordinance are not severable. The
City Council hereby declares that it would not have adopted this ordinance if any portion
thereof is determined to be invalid.
SECTION 6. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 7. This ordinance shall be published one time in the “Lodi News Sentinel,” a
daily newspaper of general circulation printed and published in the City of Lodi, and shall
be in force and take effect 30 days from and after its passage and approval.
BOB JOHN
Mayor
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Attest:
ity Clerk
State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance
No. 1844 was introduced at a regular meeting of the City Council of the City of Lodi held
April 6, 2011, and was thereafter passed, adopted, and ordered to print at a regular
meeting of said Council held April 20, 201 I , by the following vote:
AYES: COUNCIL MEMBERS - Hansen, Katzakian, Nakanishi, and
Mayor Johnson
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Mounce
ABSTAIN: COUNCIL MEMBERS - None
I further certify that Ordinance No. 1844 was approved and signed by the Mayor
on the date of its passage and the same has been
City Clerk
Approved as to Form:
City Attorney
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