FROM:
Administrative Services
SUBJECT:
Title
Introduction and First Reading of Ordinance No. 1987, an Ordinance of the City Council of the City of Fontana, California, amending Article XIII of Chapter 15 of the Fontana Municipal Code to regulate social hosts who allow illegal fireworks.
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RECOMMENDATION:
Recommendation
Introduce and waive further reading of Ordinance No. 1987, Ordinance of the City Council of the City of Fontana, California, amending Article XIII of Chapter 15 of the Fontana Municipal Code to regulate social hosts who allow illegal fireworks.
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COUNCIL GOALS:
• Improve public safety by maximizing fire and emergency medical service resources.
• Operate in a businesslike manner by correcting problems immediately.
DISCUSSION:
Historically, community members have expressed significant concerns about the dangers and disturbances caused by illegal fireworks within Fontana neighborhoods. In response to these concerns, staff was directed to return with an ordinance for City Council consideration. This Ordinance (Attachment 1) would add a new Section 15-624 to the Fontana Municipal Code to regulate Social Hosts and Spectators. The Ordinance would adopt a new regulation regarding social hosts who allow illegal fireworks to be used on or near their property.
As outlined in the Ordinance, “social hosts” are defined as: (a) any owner of private property as listed on the most recent assessment roll; and/or (b) any person who has the right to use, possess, or occupy public or private property under a lease, permit, license, rental agreement, or contract; and/or (c) any person who hosts, organizes, supervises, officiates, conducts, sponsors, or accepts responsibility for a gathering on public or private property.
The Ordinance holds social hosts strictly liable for illegal fireworks discharged on property they are in control of, or on a public sidewalk or street adjacent to the property within their control. Observed violations of this Ordinance could result in a $1,000 fine for each violation. Violations would be considered misdemeanors and could be prosecuted criminally in addition to, or in lieu of, administrative enforcement. Every unpermitted firework discharged would constitute a new violation of the Ordinance, to a maximum of $10,000 per calendar day. Staff would note that the policy intent of the Ordinance is to hold the hosts responsible who are in control of the property at the time of any observed violation of the ordinance, whether they are the property owner or renter/lessee as defined in the ordinance. The Ordinance also incorporates provisions to acknowledge good faith efforts made by property owners, such as notifying tenants and contacting the Fontana Police Department and/or the Fontana Fire and Emergency Services as part of addressing this issue both proactively and after a reported occurrence.
This Ordinance has been prepared to assist in reducing illegal firework activity within Fontana and is not intended to be an additional revenue source. Any revenue generated from violations of the Ordinance, after the required distribution to the Controller of the State of California for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund pursuant to Health and Safety Code section 12726, would be used to cover the costs of administrative and enforcement activities (staff time & equipment) related to illegal fireworks.
The Ordinance also authorizes recovery of “response costs” from responsible parties. These costs include salaries and benefits of responding personnel, equipment usage or damage, medical treatment for injured responders, and disposal of seized fireworks. The inclusion of this cost recovery mechanism ensures that extraordinary expenses resulting from illegal fireworks, such as those experienced by neighboring jurisdictions following fireworks-related fires, can be recouped, rather than borne by the City’s general fund or taxpayers.
FISCAL IMPACT:
The Ordinance would require some administrative costs related to the processing and data entry of citations and payments collected on behalf of this ordinance as well as education about the ordinance. These costs are not known at this time but likely to be minimal. Citations/fines issued to violators would likely offset these costs to the City related to enforcement of the Ordinance and illegal fireworks activity in general.
MOTION:
Approve staff recommendation