2005 ORD O-09-05 - Laserfiche WebLink

Browse Search

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City Council has determined that the adoption of this Ordinance is necessary for the immediate preservation of the public peace, health and safety to reduce the incident of fire -related property damage and personal injuries related to illegal fireworks. THE CITY COUNCIL OF THE CITY OF COLTON DOES ORDAIN AS FOLLOWS: SECTION 1. Section 6.32.010 of Chapter 6.32 of the Colton Municipal Code is hereby deleted in its entirety and restated to read as follows: "Section 6.32.010 Sales and discharged of safe and sane fireworks permitted when; Other fireworks prohibited; Liability of property owners A. "Safe and sane" fireworks, as defined by section 12529 of the Health and Safety Code of the State of California, may be sold and discharged within the city during the period beginning at 12:00 noon on the twenty-eighth day of June and ending at 12:00 midnight on the fifth day of July of each year, pursuant to the provisions of this article and not otherwise. B. All fireworks that are not safe and sane fireworks, as defined by Health and Safety Code section 12529, are prohibited to be sold, used, discharged or possessed in any location within the city and at all times. C. Any property owner or person in control of property who allows a person to sell, use, discharge or possess fireworks that are not safe and sane fireworks on the property owned by such person or under such person's control shall be in violation of this section, irrespective of such person's intent, knowledge or negligence, said violation hereby being expressly declared a strict liability offense." SECTION 2. Section 6.32.160 of Chapter 6.32 of the Colton Municipal Code is hereby deleted in its entirety and restated to read as follows: "Section 6.32.160 Provisions of chapter additional to state law; Applicability of Chapter 15.16. A. The provisions of this chapter are in addition to applicable state law, including the California Administrative Code, Title 19, Article 5, Section 993, which requires a license from the State Fire Marshal. Each package of fireworks shall be marked as `safe and sane' fireworks and shall bear the State Fire Marshal's classification label. B. All criminal and administrative penalties that apply to violations of this chapter shall also apply to any violation of Chapter 15.16 of this Code. SECTION 3. New Section 15.16.065 is hereby added to Chapter 15.16 of the Colton Municipal Code to read as follows: "Section 15.16.065 Section 207-F amended. SM