2005 AGN JUN 07 I04 - Laserfiche WebLink

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CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF June 7, 2005 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: Tom Hendrix, Fire Chief SUBJECT: Proposed Urgency Ordinance and Regular Ordinance Amending Chapters 6.32 and 15.16 of the Colton Municipal Code Regarding the Regulation of Fireworks DATE: BACKGROUND: May 24, 2005 Item #4 The Colton Municipal Code contains provisions which adopt the Uniform Fire Code and California Fire Code as well as regulate the sale and use of "safe and sane" fireworks. Regarding "safe and sane" fireworks, the Fire Department staff has been successfully enforcing these regulations. However, the problem of illegal fireworks being discharged within the City has become a serious concern for residents. Illegal fireworks are essentially any type of fireworks that do not meet the criteria of "safe and sane" fireworks and have not been approved by the State Fire Marshal. Reports of property damage and personal injuries related to the use of illegal fireworks have steadily increased within the City. The provisions of the Uniform Fire Code, as adopted by the Colton Municipal Code, address all other types of fireworks in addition to the "safe and sane" variety (i.e., fireworks for special effects displays). However, the Fire Department staff believes it is imperative that the Colton Municipal Code be amended to include clear and concise language specifically regulating the possession and use of illegal fireworks. Staff has requested that these amendments be adopted in time for the approaching Fourth of July holiday season so that staff can begin enforcing regulations against illegal fireworks this year. DISC USSION/ANALYSIS: Due to the short period of time until the Fourth of July holiday, staff has prepared both an urgency ordinance and a regular ordinance to amend the Colton Municipal Code regarding fireworks regulations. Both ordinances contain the same amendments to the Colton Municipal Code. Section 36937 of the California Government Code authorizes the City to adopt the urgency ordinance with a 4/5 vote after making certain findings. The urgency ordinance will take effect immediately upon its adoption. In order to adopt the urgency ordinance, the City Council must find that the ordinance is required for the immediate preservation of the public peace, health or safety. Based upon the Fire Department's assessment of the increasing problem of illegal fireworks and the approaching Fourth of July holiday season, the Fire Department has requested that the proposed urgency