CA - San Bernardino: Legislative Review Committee

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Legislative Review Committee

CITY OF SAN BERNARDINO AGENDA

FOR THE LEGISLATIVE REVEW COMMITTEE

WEDNESDAY SEPTEMBER 11, 2019 5:00 p.m.

VANIR TOWER 290 NORTH D STREET, 8TH FLOOR, MIC ROOM SAN BERNARDINO, CA 92401 WWW.SBCITY.ORG Bessine Richard Chairperson MAYOR PRO TEM 6 TH WARD COUNCIL MEMBER Henry Nickel Voting Member

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5
TH

WARD COUNCIL MEMBER Juan Figueroa Voting Member
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3
RD

WARD COUNCIL MEMBER
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Welcome to a meeting of the Legislative Review Committee of the City of San Bernardino.

o Anyone who wishes to speak during public comment or on a particular item will be required to fill out a

speaker slip. Speaker slips must be turned in to the Secretary. You may email your request to speak

to weeks_ch@sbcity.org prior to 5:00 p.m. Each request will cover one speaker. Those who wish to speak must submit their own request to be called on by the Chairperson. o There is a 3-minute-per-person time limit for all comments, excluding quasi-judicial hearings. o Written comment on any item may also be submitted to the Secretary to be included in the meeting record. It will not be read aloud by the Secretary. o Those who wish to speak on public or quasi-judicial hearing items will have three minutes for each item. o All who wish to speak, including Committee members and staff, need to be recognized by the Chairperson or Vice-Chairperson before speaking. o Please contact the City Clerk s office at 909-384-5002 two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. o All documents for public review are on file with the City Clerk s Office or may be accessed online by going to www.sbcity.org. o Please turn off or mute your cell phone while the meeting is in session.
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Legislative Review Committee Meeting Agenda September 11, 2019

Legislative Review Committee of the City of San Bernardino Page 2 May 6, 2019

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

A three-minute limitation shall apply to each member of the public who wishes to address the Legislative Review Committee on any item on the agenda, excluding public hearings. There is no limit to the number of items that may be discussed within the three- minute time limit. To be called on by the Chairperson, please turn in individual speaker slips to the Secretary by 5:00 p.m. the day of the meeting. If you wish, you may email your speaking request to weeks_ch@sbcity.org prior to the beginning of the meeting. Emailed requests to speak will not be accepted from anyone but the person requesting to speak. AGENDA ITEMS 1. Fireworks Permitting and Penalties for Fireworks Violations ITEMS REFERRRED TO COMMITTEE FOR FUTURE DISCUSSION
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2.
Use of (2) Stroke Engine Generators

No additional detail provided

3.
Review and Update Code for Yard Sales

No additional detail provided

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4.
Update Municipal Code on Taxing Non-Emergency Vehicles (Rideshare included)

No additional detail provided

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5.
Review and Update Municipal Code 5.10.080 on Maximum Number and Type of Commercial Cannabis Businesses

ADJOURNMENT 9/6/2019 2:51 PM Staff Report

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City of San Bernardino

Legislative Review Committee

Date: September 11, 2019

To: Members of the Legislative Review Committee From: Teri Ledoux, City Manager By: Eric McBride, Acting Chief of Police Brian Pellis, Police Captain Subject: Fireworks Permitting and Penalties for Fireworks Violations Recommendation Review, consider and provide direction regarding the regulation, sale, possession, and discharge of fireworks as established in the City of San Bernardino Municipal Code including fireworks classified as safe and sane as well as fireworks classified dangerous . Background Chapters 8.60 and 8.61 of the San Bernardino Municipal Code regulate fireworks sales, designate certain restrictions on the possession and discharge of fireworks, and establish penalties for violations of fireworks regulations. The City of San Bernardino is one (1) of nine (9) municipalities in the County of San Bernardino that allow for the sale, possession, and discharge of fireworks designated safe and sane . Under the current provisions of the Municipal Code, fireworks designated as safe and sane are permitted in all areas south of the 210 Freeway in the City of San Bernardino during prescribed timeframes.

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A
regulatory fee for the sale of safe and sane fireworks is established annually by the Mayor and City Council based on the gross sales of all fireworks sold in the City. The purpose of the regulatory fee is to raise funds to pay for fireworks education, a fireworks safety awareness campaign, and enforcing the provisions of the Municipal Code. Each year, prior to imposing a fee, staff prepares a study of the anticipated costs associated with education, awareness, and enforcement of the Municipal Code including the staff time incurred by the Police Department, Finance Department for Business Registration and the public education and outreach component.

Each licensee is required to submit fireworks sales financial statements to the Finance Department no later than August 31 of every year. One half of the regulatory fee is to be paid by the licensee and the remaining half is to be paid by the fireworks supplier. In accordance with Section 8.60.095 of the Municipal Code, the regulatory fee rate may 9/6/2019 2:51 PM not exceed more than 10 percent of the total gross sales of fireworks sold in the City. The City currently allows up to 35 licenses to nonprofit agencies for the sale of safe and sane fireworks each year. In 2019, thirty (30) temporary use permits were issued for fireworks stands. The City Council provided direction to the City Manager to research and compare various penalties for fireworks violations in the region. As currently established, Section 8.60.150 of the Municipal Code makes it an infraction or a misdemeanor to violate any provision of Chapter 8.60 of the Municipal Code relating to the sale, possession, and discharge of safe and sane fireworks. Section 8.61.030 of the Municipal Code makes it a misdemeanor to violate any provision of Chapter 8.61 of the Code relating to the possession and discharge of dangerous fireworks. Anyone convicted of an infraction is subject to a fine not to exceed 100 for a first violation, 200 for a second violation within one year, and 500 for any subsequent violation within one year (Municipal Code Section 1.12.010). Anyone convicted of a misdemeanor violation is subject to imprisonment in the County Jail for not more than six months and/or a fine not to exceed 1,000 (Municipal Code Section 1.12.010).

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In addition to criminal fines and the potential for imprisonment as outlined above, fireworks violations are also subject to an Administrative Civil Penalty of 1,000 per violation (Municipal Code Sections 8.60.150, 8.61.030, and 9.93.020). Each fireworks violation may be subject to criminal penalties, civil penalties, or both.

Discussion Staff assessed current fireworks regulations and penalties in use by the County of San Bernardino, 23 incorporated cities within the County of San Bernardino, and the City of Riverside. Of the 26 jurisdictions evaluated, eight permit some form of lawful possession and discharge of safe and sane fireworks (Adelanto, Barstow, Chino, Colton, Fontana, Grand Terrace, Needles, and Rialto).

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Most of the jurisdictions evaluated establish criminal penalties for fireworks violations as either an infraction punishable by a fine up to 500, or as a misdemeanor punishable by a fine up to 1,000 and/or six months in County Jail. These criminal penalties are on par with the criminal penalties authorized by the City of San Bernardino Municipal Code, as well as state provisions for infraction and misdemeanor crimes. Given the relative uniformity in criminal penalties among the jurisdictions researched and the determination that the City of San Bernardino Municipal Code is consistent with those penalties, staff recommends no changes to the criminal penalty structure.

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Most of the jurisdictions evaluated also allow for some form of civil penalty in addition to any criminal penalties assessed. For dangerous fireworks violations, civil penalties range from 100 for a first violation on the low end of the spectrum to 10,000 for a third offense within one year on the high end of the spectrum. The cities of Fontana and Grand Terrace impose the highest civil penalties for dangerous fireworks violations among the evaluated cities: 2,500 for a first offense, 5,000 for a second offense within one year, and 10,000 for each subsequent offense within one year. However,

9/6/2019 2:51 PM
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these same cities provide for a much lower penalty structure for violations related to safe and sane fireworks: 250 for the first offense, 500 for the second offense within one year, and 750 for each subsequent violation within one year.

The City of Montclair imposes the highest penalties for safe and sane fireworks violations: 1,000 for the first offense, 2,500 for the second offense within 36 months, and 5,000 for each subsequent offense within 36 months. There is no distinction in the Montclair penalty structure differentiating safe and sane fireworks violations and dangerous fireworks violations.
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In contrast to these three example cities, the City of San Bernardino Municipal Code provides for a 1,000 civil penalty for any fireworks-related violation, regardless of severity, type of fireworks involved, or number of occurrences within a given timeframe.

In an effort to enhance public safety through the deterrence of unlawful sales, possession, and discharge of fireworks while remaining consistent with regional standards, staff recommends: Amending Section 8.60.150(B) of the Municipal Code to reflect the following civil penalties for violations of Chapter 8.60 regarding the sale and use of safe and sane fireworks: o 1,000 for the first offense, o 2,500 for the second offense within 36 months, and o 5,000 for each subsequent offense within 36 months. Amending Section 8.61.030(B) of the Municipal Code to reflect the following civil penalties for violations of Chapter 8.61 regarding dangerous fireworks: o 2,500 for the first offense, o 5,000 for the second offense within 36 months, and o 10,000 for each subsequent offense within 36 months. Amending Section 9.93.020(E) of the Municipal Code to allow for a civil penalty of up to 10,000 per violation of Chapters 8.60 and 8.61 of the San Bernardino Municipal Code.

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2018-19 Goals and Objectives Enhancing the penalties associated with the unlawful sales, possession, and discharge of fireworks aligns with Goal No. 2: Provide for the Safety of City Residents and Businesses by further deterring unlawful fireworks activity that may pose public safety risks.

No additional detail provided

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Fiscal Impact Administrative Civil Penalties citations generate revenue in the form of fines. The total amount of fines varies and is dependent upon a variety of factors including the level of enforcement, the number of Administrative Civil Penalties citations issued, the number of violations committed, and the ability of the City to collect the fines. The amount of

9/6/2019 2:51 PM fines collected is anticipated to increase under the recommended enhanced penalty structure. Conclusion Review, consider and provide direction regarding the regulation, sale, possession, and discharge of fireworks as established in the City of San Bernardino Municipal Code including fireworks classified as safe and sane as well as fireworks classified dangerous .
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Attachments Attachment 1 Summary of Fireworks Regulations and Penalties in the Region

Attachment 2 City of San Bernardino Muncipal Code Chapters Related to the Regulation, Sale, Possession, and Discharge of Fireworks Ward: All
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Synopsis of Previous Council Actions:

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Summary of Fireworks Regulations in San Bernardino County

CITY MUNICIPAL CODE SUMMARY CRIMINAL PENALTY ADMINISTRATIVE PENALTY SALES REGULATIONS NOTES Adelanto 9.65.010 et seq. 1.20.060 et seq. Safe and sane permitted from noon 7/28 through 11:59 p.m. 7/4. Unlawful to discharge:
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(1) within 10 feet of any

residence, dwelling or other structure used as a

place of habitation,

congregation, or assembly and (2) within

100 feet of any fireworks

stand. Misdemeanor punishable by a 500 fine and/or

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imprisonment of 180

days. Unspecified. Established by separate resolution per 1.20.060(A)(2). License required for sale
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of safe and sane

fireworks.

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- Sales of safe and sane

No additional detail provided

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allowed from noon 7/28

through 11:59 p.m. 7/4. - 200 license fee.
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- 600 (or 6 of prior

year sales) non- refundable clean-up fee.
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- 20 hours of community

service by the

applicant/organization

required. - One license per 3,000 residents. Apple Valley 1.01.20 11.68.130 Resolution 92-51 Total prohibition. Misdemeanor
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punishable by a fine of

not more than 1,000

and/or imprisonment in county jail for up to 6 months. 1,000 per violation. N/A The Municipal Code adopts Ordinance 30 of the Apple Valley Fire Protection District.
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Summary of Fireworks Regulations in San Bernardino County

CITY MUNICIPAL CODE SUMMARY CRIMINAL PENALTY ADMINISTRATIVE PENALTY SALES REGULATIONS NOTES Barstow 9.70.010 et seq. 1.01.150 Safe and sane permitted from noon 6/28 through 10:00 p.m. 7/5. Misdemeanor
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punishable by a fine of

not more than 1,000

and/or imprisonment in county jail for up to 6 months. Dangerous fireworks: 1,000 for first offense, 2,500 for second offense within 12 months, and 5,000 for each additional offense within 12 months. Safe and sane fireworks: 100 for first offense, 250 for second offense within 12 months, and 500 for each
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subsequent violation within

12
months.

License required for sale

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of safe and sane

fireworks.

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- Sales of safe and sane

No additional detail provided

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allowed from noon 6/28

through 10:00 p.m. 7/5. - 400 license fee.
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- Vendor is eligible for a

license only once every other year. - 6 licenses issued by the City each year. Big Bear Lake 15.40.010 1.16.020 1.17.010 et seq. Total prohibition. Misdemeanor

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punishable by a fine of

not more than 1,000

and/or imprisonment in the city jail or county jail
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for up to 6 months.

1,000 per violation. N/A The Municipal

Code adopts the

California Fire Code.

Summary of Fireworks Regulations in San Bernardino County

CITY MUNICIPAL CODE SUMMARY CRIMINAL PENALTY ADMINISTRATIVE PENALTY SALES REGULATIONS NOTES Chino 8.12.010 et seq. 1.15.010 et seq. Safe and sane permitted from noon 7/1 through midnight 7/4. Unlawful to discharge:
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(1) within 10 feet of any

residence, dwelling, or other structure; (2) anywhere outside a residential zone; (3) in any public park; (4) in the area between Euclid Avenue, Kimball Avenue, and the city limits; and
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(5) in the area south of

Pine Avenue to the city limits. Misdemeanor

punishable by a fine of

not more than 1,000

and/or imprisonment for up to 6 months. Established by separate resolution. As of 2014: 500 for illegal use of safe and

sane fireworks; 1,000 per

violation for all others. License required for sale

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of safe and sane

fireworks.

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- Sales of safe and sane

No additional detail provided

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allowed 7/1 through

9:00 p.m. 7/4 only.

- 308 permit fee as

stated in the City's cost

control system. - 25 refundable cleanup deposit.

- 10 surcharge on gross

revenue of all sales

(subject to partial refund of funds not used for processing and issuing permits, inspections of stands, public education, enforcement, and cleanup).
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- One license issued per

2,500 residents. Anyone guilty of a Municipal Code violation shall have their name published in one or more local newspapers (unless a minor) per 8.12.200(F). Chino Hills 8.30.010 et seq. 1.18.010 et seq. 1.36.020 Total prohibition. Misdemeanor
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punishable by a fine of

not more than 1,000

and/or imprisonment in county jail for up to 6 months. Established by separate resolution. As of 2014: 100 for the first violation, 200 for the second violation
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within 12 months, 500 for

each subsequent violation within 12 months.

N/A

Summary of Fireworks Regulations in San Bernardino County

CITY MUNICIPAL CODE SUMMARY CRIMINAL PENALTY ADMINISTRATIVE PENALTY SALES REGULATIONS NOTES Colton 6.32.010 et seq. 8.12.010 et seq. Safe and sane permitted
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noon 6/28 through

midnight 7/5 on private property only (no streets, sidewalks, parks,
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open parking lots, etc.).

All fireworks may be prohibited in high fire hazard areas as determined by the fire marshal (e.g., Reche Canyon, La Loma Hills per Resolution R-23-19). Safe and sane misuse, sales violations, etc. result in a misdemeanor with a fine not to exceed

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1,000 and/or 6 months

county jail. Dangerous fireworks are also subject to 1,500 administrative fine for a

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first violation and 3,000

for a second violation within 24 months. Established by separate resolution. As of 2005:

1,000 for the first offense,

1,500 for the second

offense within 12 months, and 2,000 for subsequent violations within 12 months. License required for sale
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of safe and sane

fireworks.

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- Sales of safe and sane

No additional detail provided

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allowed 6/28 through

7/5 only.

- 100 license fee.
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- 100 bond to ensure

No additional detail provided

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compliance with the

Municipal Code. - 15 licenses issued by the City each year.
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Summary of Fireworks Regulations in San Bernardino County

CITY MUNICIPAL CODE SUMMARY CRIMINAL PENALTY ADMINISTRATIVE PENALTY SALES REGULATIONS NOTES Fontana 15-601 et seq. 1-7 et seq. Safe an sane permitted
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noon 6/28 through

10:00 p.m. 7/5, and only during the hours of 9:00 a.m. through 11:00 p.m. Unlawful to discharge: (1) west of I-15 north of

Summit Avenue and east

of Lytle Creek Road; (2) within 10 feet of a residence, dwelling, or structure used for habitation; and (3) on any public property or semi-public areas (e.g., parking lots). Infraction or

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misdemeanor at the

discretion of the city

Attorney or District

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Attorney. If infraction, a

fine not to exceed 500. If a misdemeanor, a fine

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not to exceed 1,000

and/or imprisonment for

6
months.

Dangerous fireworks: 2,500 for first offense, 5,000 for second offense within 12 months, and 10,000 for each additional offense within 12 months. Safe and sane fireworks: 250 for first offense, 500 for second offense within 12 months, and 750 for each
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subsequent violation within

12
months.

License required for sale

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of safe and sane

fireworks.

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- Sales of safe and sane

allowed noon 6/28 through 10:00 p.m. 7/5. - 50 license fee. - 315 fire license fee.

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- 3 of gross sales but

No additional detail provided

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not less than 450.

- One permit issued per

4,500 residents.

Summary of Fireworks Regulations in San Bernardino County

CITY MUNICIPAL CODE SUMMARY CRIMINAL PENALTY ADMINISTRATIVE PENALTY SALES REGULATIONS NOTES Grand Terrace 8.112.010 et seq. 1.16.010 Safe and sane permitted only on 7/4 from noon to 11:00 p.m. Unlawful to discharge:
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(1) within 200 feet of

any dry grass or brush- covered land; (2) within

10
feet of a residence,

dwelling, or structure used for habitation; (3) on any public property or semi-public areas (e.g., parking lots); and

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(4) within any no

fireworks safety zone
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established by Ordinance

285, Exhibit A. Infraction or

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misdemeanor. If an

infraction, 100 fine for first violation, 200 for second violation within

12
months, and 500 for

subsequent violations within 12 months. If a misdemeanor,

punishable by a fine of

not more than 1,000

and/or imprisonment for up to 6 months. Dangerous fireworks: 2,500 for first offense, 5,000 for second offense within 12 months, and 10,000 for each additional offense within 12 months. Safe and sane fireworks: 250 for first offense, 500 for second offense within 12 months, and 750 for each
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subsequent violation within

12
months.

License required for sale

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of safe and sane

fireworks.

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- Sales of safe and sane

No additional detail provided

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allowed 6/28 through

7/4 only.

- 50 business license fee.
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- 3 surcharge of gross

receipts.

- One permit per year

city-wide. Hesperia 15.04.010 1.12.010 et seq. 1.12.270 et seq. Total prohibition. Misdemeanor

punishable by a fine of

not more than 1,000

and/or imprisonment for up to 6 months. Established by resolution. As of 2017: 100 for first violation, 200 for second violation within 12 months, and 500 for subsequent violations within 12 months.

N/A The Municipal

Code adopts the

California Fire Code.

Summary of Fireworks Regulations in San Bernardino County

CITY MUNICIPAL CODE SUMMARY CRIMINAL PENALTY ADMINISTRATIVE PENALTY SALES REGULATIONS NOTES Highland 8.58.010 et seq. 1.24.010 2.56.010 et seq.
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Total prohibition. First violation is an

infraction (fine set by Government Code 36900) or misdemeanor (fine set by Penal Code

19). Second and

subsequent violations are misdemeanors

punishable by a fine of

1,000 and/or one year in county jail.
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500 for the first violation,

750 for a second violation within 12 months, and 1,000 for each subsequent violation within 12 months.

N/A

Loma Linda 15.28.010 15.28.510 1.12.010 et seq. 9.24.010 et seq. Total prohibition. Infraction punishable by a fine not exceeding

100 for the first

violation, 200 for a second violation within

12
months, and 500 for

each subsequent violation within 12 months. Administrative penalties may be assessed in addition

to criminal penalties in the

same amounts. Amount unavailable.

N/A

7
of 13

No additional detail provided

Summary of Fireworks Regulations in San Bernardino County

CITY MUNICIPAL CODE SUMMARY CRIMINAL PENALTY ADMINISTRATIVE PENALTY SALES REGULATIONS NOTES Montclair 6.14.010 et seq. 1.12.010 Resolution No. 17- 3154. Total prohibition. Misdemeanor
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punishable by a fine of

not more than 1,000

and/or imprisonment in county jail for up to 6 months. Established by resolution. As
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of 2017: 1,000 for the first

violation, 2,500 for the second violation within 36 months, and 5,000 for each

subsequent violation within

36
months. Additionally,

the violator shall be liable

for actual costs associated

with the collection, transportation, and disposal of any seized fireworks.
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N/A

Needles 9-23 et seq. Safe and sane permitted from 9:00 a.m. to 11:00

p.m. year round (and

No additional detail provided

9:00 a.m. through 1:00

a.m. on January 1).

Unlawful to use fireworks within 10 feet of a residence, dwelling, or structure used for habitation. Infraction punishable by a fine (unspecified). Dangerous fireworks: 1,000 for first offense, 2,000 for second offense within 12 months, and 3,000 for each additional offense within 12 months. Safe and sane fireworks: 250 for first offense, 500 for second offense within 12 months, and 750 for each

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subsequent violation within

12
months.

License required for sale

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of safe and sane

fireworks.

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- Sales of safe and sane

allowed noon 6/28 through noon 7/6.

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Summary of Fireworks Regulations in San Bernardino County

CITY MUNICIPAL CODE SUMMARY CRIMINAL PENALTY ADMINISTRATIVE PENALTY SALES REGULATIONS NOTES Ontario 4-21.01 et seq. Total prohibition. Misdemeanor
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punishable by a fine of

not more than 1,000

and/or imprisonment in the county jail for up to
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6
months.

1,000 per violation. N/A Rancho Cucamonga 8.12.010 et seq. 1.12.010 et seq. Total prohibition. Misdemeanor

punishable by a fine of

not more than 1,000

and/or imprisonment for up to 6 months.

Not to exceed 1,000 per

violation.

N/A

Redlands 15.20.520 et seq. 1.22.010 et seq. Total prohibition. Misdemeanor punishable by 1,000 fine and/or 6 months in the city or county jail. 1,000 per violation.
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Violators are also liable for

all response costs incurred

by the City.

N/A

Summary of Fireworks Regulations in San Bernardino County

CITY MUNICIPAL CODE SUMMARY CRIMINAL PENALTY ADMINISTRATIVE PENALTY SALES REGULATIONS NOTES Rialto 5.20.005 et seq . 1.16.010 1.10.010 et seq. Safe and sane permitted
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noon 6/28 through

midnight 7/6. Unlawful to use fireworks within 10 feet of a residence, dwelling, or structure used for habitation. Safe and sane misuse and sales violations are infractions punishable by 100 for a first violation, 200 for a second violation within 24 months, and 500 for each additional violation within 24 months. Possession or use of dangerous fireworks,
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sales of dangerous

fireworks, or unlawful
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operation of any

temporary fireworks stand is a misdemeanor
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punishable by a fine of

1,000 and/or 6 months

imprisonment.

Minimum of 100 and

maximum of 1,000 with a

15-day correction period for

the first violation. License required for sale

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of safe and sane

fireworks.

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- Sales of safe and sane

No additional detail provided

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allowed 6/28 through

7/4 only.

- 182 license fee. On 8/13/2019 Rialto City Council Meeting Agenda Item CC-19-839 requested
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direction from the

measure on the

March 2020 ballot to prohibit fireworks or to prohibit fireworks via resolution at a future City Council
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meeting. The

measure was tabled with no date for reconsideration. Riverside 16.32.020 1.18.010 1.01.110 Total prohibition. Misdemeanor

punishable by a fine of

not more than 1,000

and/or imprisonment in county jail for up to 6 months. 1,000 per violation. Violator must also pay a
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disposal fee set by the State

as well as all response costs

associated with the illegal

activity.

N/A The Municipal

Code adopts the

California Fire Code.

Summary of Fireworks Regulations in San Bernardino County

CITY MUNICIPAL CODE SUMMARY CRIMINAL PENALTY ADMINISTRATIVE PENALTY SALES REGULATIONS NOTES San Bernardino City 8.60.010 et seq. 8.61.010 et seq. 1.12.010 9.93.010 et seq. Safe and sane permitted
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noon 7/1 through

midnight 7/4. Unlawful to use fireworks: (1) within 10 feet of a residence, dwelling, or structure used for habitation; (2) on any private or public unpaved area; (3) on a
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public street or right of

way; (4) in a public park; and (5) within certain geographical boundaries
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established in the

Municipal Code (e.g.

north of the 210

freeway). Safe and sane misuse,

sales violations, and

regulatory violations are infractions or misdemeanors. Dangerous fireworks violations are misdemeanors. Infractions are punishable by a 100 fine for a first violation, 200 for a second violation within 12 months, and 500 for each additional violation within 12 months. Misdemeanors are

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punishable by a fine of

1,000 and/or 6 months

imprisonment. 1,000 per violation. License required for sale

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of safe and sane

fireworks. - Sales permitted noon 7/1 through midnight

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7/4.

- 200 license fee. - Regulatory fee not to exceed 10 of gross sales. Fee set annually
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by Council based on

anticipated education, awareness, and enforcement costs (10 for 2019). - 35 licenses issued by the City each year. - Applicants issued a

Tagged Passions:council, education, and license

license in the previous

year receive priority for a renewed license. San Bernardino County 23.0101 et seq. 11.0201 et seq. Total prohibition. Misdemeanor punishable by 500 to 1000 fine, and/or 6 months county jail.
Tagged Passions:license and jail

100 for the first violation,

200 for the second

violation within 12 months, and 500 for each

subsequent violation within

12
months.

No additional detail provided

N/A The County Code

adopts the California Fire Code.

Summary of Fireworks Regulations in San Bernardino County

CITY MUNICIPAL CODE SUMMARY CRIMINAL PENALTY ADMINISTRATIVE PENALTY SALES REGULATIONS NOTES Twentynine Palms 18.04.020 11.04.100 1.04.010 Total prohibition. Infraction or misdemeanor. If infraction, punishable by a 50 fine. If misdemeanor,
Tagged Passions:regulation, sale, penalty, and fireworks

punishable by a fine of

not more than 1,000

and/or imprisonment for up to 6 months. 1,250 per violation through the County Fire Department.
Tagged Passions:fire departments and districts

N/A The Municipal

Code adopts the

California Fire Code. Upland 8.28.040 1.16.005 1.16.010 1.14.040 Total prohibition. Misdemeanor

punishable by a fine of

not more than 1,000

and/or imprisonment in county jail for up to 6 months. 100 to 1,000 per violation. N/A Victorville 13.22.010 et seq. 1.04.010 1.05.010 Total prohibition. Misdemeanor
Tagged Passions:jail

punishable by a fine of

not more than 1,000

and/or imprisonment for up to 6 months.

Not to exceed 1,000 per

violation.

N/A

Yucaipa 15.04.110 13.04.245 1.12 et seq. 1.13 et seq. Total prohibition. Misdemeanor

punishable by a fine of

not more than 1,000

and/or imprisonment for up to 6 months. Established by separate resolution. As of 2008: 100 for first violation, 200 for second violation within

12
months, and 500 for

No additional detail provided

subsequent violations within

12
months.

No additional detail provided

N/A The Municipal

Code adopts the

California Fire Code.

Summary of Fireworks Regulations in San Bernardino County

CITY MUNICIPAL CODE SUMMARY CRIMINAL PENALTY ADMINISTRATIVE PENALTY SALES REGULATIONS NOTES Yucca Valley 9.17.050 1.02.010 1.04.010 et seq. Total prohibition. Infraction punishable by a fine not exceeding
Tagged Passions:regulation, sale, penalty, and fireworks

100 for the first

violation, 200 for a second violation within

12
months, and 500 for

each subsequent violation within 12 months.

100 for the first violation,

200 for the second

violation within 12 months, and 500 for each

subsequent violation within

12
months.

No additional detail provided

N/A The Municipal

Code adopts the

California Fire Code.

33
B. Ordinances which contain urgency or emergency clauses providing for immediate effective dates;

Tagged Passions:ordinance and emergency

C.
An ordinance or resolution which contains express language providing for an effective date for such ordinance or resolution; and

No additional detail provided

Tagged Passions:ordinance

D.
Ordinances and resolutions adopted by five or more affirmative votes of the City Council which are not approved within the five-day period by the Mayor, which shall be deemed to take effect upon adoption by the City Council; and

No additional detail provided

Tagged Passions:ordinance and council

E.
Ordinances and resolutions relating to Charter Amendments as provided in Section 1.08.060.

(Ord. MC-1439, 4-03-17; Ord. 3751, 8-25-78) Chapter 1.12 GENERAL PENALTY3

Tagged Passions:ordinance

Sections: 1.12.010 Designated 1.12.020 Separate offense

1.12.010 Designated

A.
The punishment for any offense declared to be a misdemeanor or declared to be unlawful with no designation as to the nature of the offense by the Charter or an ordinance, except in cases where a different offense or a different punishment is prescribed by ordinance or any applicable law of this state, is imprisonment in the county jail not exceeding six months, or a fine not exceeding one thousand dollars, or both such imprisonment and fine.

Tagged Passions:ordinance and jail

B.
The punishment for any offense declared to be an infraction by the Charter or an ordinance, excepting places where a different offense or a different punishment is prescribed by ordinance or any applicable law of this state, is a fine not exceeding one hundred dollars for a first violation; a fine not exceeding two hundred dollars for a second violation thereof within one year; and a fine not exceeding five hundred dollars for each additional violation thereof within one year. Upon conviction of a fourth violation thereof within one year, the violator is guilty of a misdemeanor, which upon conviction thereof is punishable as in subsection A.

Tagged Passions:ordinance

3For charter provisions authorizing the City Council to impose penalties for ordinance violations of not to exceed 500.00 or six months, or both, see Charter 40(r).

No additional detail provided

Tagged Passions:ordinance and council

[Rev. June 2019]

34
C. Payment of any fine or service of a jail sentence herein provided shall not relieve a person firm, partnership, corporation, or other entity from the responsibility of correcting any condition, resulting from the violation. In addition to the above penalties the Court may order that the guilty party reimburse the City for all of its costs of investigating, analyzing, and prosecuting the enforcement action against the guilty party; the Court shall fix the amount of such reimbursement upon submission of proof of such costs by the City.

(Ord. MC-1125, 6-03-02; Ord. MC-609, 9-21-87; Ord. MC-455, 5-13-85; Ord. 2673, 6-27-65) 1.12.020 Separate offense Every person continuing or committing the violation of any provisions of an ordinance declaring any act or omission to be unlawful is guilty of a separate offense for each and every day or portion of any day which any violation of any provision of such ordinance is committed. (Ord. MC-455, 5-13-85; Ord. 2673, 6-27-65)
Tagged Passions:ordinance, legal, jail, and court

Chapter 1.16 BOUNDARIES OF WARDS

Sections: 1.16.010 Purpose 1.16.020 First Ward 1.16.030 Second Ward 1.16.040 Third Ward 1.16.050 Fourth Ward 1.16.060 Fifth Ward 1.16.070 Sixth Ward 1.16.080 Seventh Ward

1.16.010 Purpose The ordinance codified in this Chapter is adopted in order to divide the area of the City into seven wards pursuant to Section 3 of the Charter of the City. (Ord. 3222, 1-04-72)
Tagged Passions:ordinance

[Rev. June 2019]

596 8.57.090 Violation - Penalty Any person who violates any provision of this Chapter is guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of 1.12.010 of this Code. (Ord. MC-460, 5-15-85; Ord. 2096, 2-21-56) Chapter 8.60 FIREWORKS
Tagged Passions:penalty and fireworks

Sections: 8.60.010 Location of Sales and Discharge of Fireworks 8.60.015 Sale of Fireworks to Minors Prohibited;

Tagged Passions:sale and fireworks

Identification Required 8.60.020 License - Required 8.60.030 License - Application - Public liability insurance 8.60.040 License - Notice of granting or rejection 8.60.050 License - Prerequisites to issuance 8.60.060 Suspension of license - Appeal procedure 8.60.070 Operation of temporary fireworks stand 8.60.080 Requirements for Fireworks Supplier 8.60.090 License tax 8.60.095 Regulatory Fee for Licensee and Fireworks Supplier 8.60.100 Temporary sales tax permit required 8.60.110 Display of license and sales tax permit 8.60.120 Permissible locations for discharge 8.60.130 Prohibitions on sale or discharge 8.60.140 (Repealed by Ord. MC-1269, 4-22-08) 8.60.150 Violation - Penalty 8.60.160 Financial Reporting

No additional detail provided

Tagged Passions:grant, regulation, finance, sale, taxes, Taxes, procedure, insurance, license, financial report, penalty, and fireworks

8.60.010 Location of Sales and Discharge of Fireworks

Safe and sane fireworks as defined by Section 12529 of the Health and Safety Code of the state may be sold and discharged within the City subject to the requirements of this Chapter, except that such sale or discharge shall not be allowed in the following designated areas. Such areas are depicted on a map entitled Location of Sales and Discharge of Fireworks on file in the City Clerk s Office and incorporated herein by reference, a reduced copy of which is attached to this Chapter. Such areas are designated as follows:

Tagged Passions:health, sale, and fireworks

[Rev. June 2019]

597

A.
That area within the City lying north of a line extending from the west City limits at Highland Avenue to the east City limits and bounded on the south side by streets and highways as follows:

No additional detail provided

Tagged Passions:streets

Commencing from the west City limits at the centerline of Highland Avenue thence easterly to the intersection of Highland Avenue and the 210/30 Freeway; thence easterly following the 210/30 Freeway to the interchange of Highway 330; thence north-easterly following Highway 330 to the intersection of Highland Avenue, east of Boulder; thence easterly from the intersection of Highland Ave. and Highway 330 along the centerline of Highland Avenue; thence continuing south-easterly along the centerline of Highland Avenue and its south-easterly prolongation to the intersection of the southerly prolongation of the most easterly border-line of the City of San Bernardino, as depicted on the previously referenced map on file in the City Clerk's Office, a reduced copy of which is attached to this Chapter.

B.
That area within the City, whether contiguous or not, which lies north or northwest of a line from the west City limits at Highland Avenue, in a westerly direction on Highland Avenue to the 210 Freeway, and then west on the 210 Freeway to the 1-15 Freeway. That area within the City, whether contiguous or not, which lies north or northeast of the intersection of the I-15 Freeway and the 215 Freeway, as depicted on the previously referenced map on file in the City Clerk's Office, a reduced copy of which is attached to this Chapter.

C. Inclusive of the area within the City limits beginning at the intersection of Highland Avenue and Boulder Avenue; Highland Avenue west to Victoria Avenue; Victoria Avenue south to Baseline Street; Baseline Street east to Boulder Avenue; Boulder Avenue north to Highland Avenue, as depicted on the previously referenced map on file in the City Clerk's office, a reduced copy of which is attached to this Chapter. D. Inclusive of the area beginning at the intersection of Pacific Street and Del Rosa Avenue; Pacific Street west to Perris Hill Park Road; Perris Hill Park Road north to an imaginary line extending north from Perris Hill Park Road to intersect Highland Avenue; Highland Avenue east to Del Rosa Avenue; Del Rosa Avenue south to Pacific Street, as depicted on the previously referenced map on file in the City Clerk's office, a reduced copy of which is attached to this Chapter. (Ord. MC-1138, 2-19-03; Ord. MC-1022, 5-19-98, Ord. MC-219, 11-02-82; Ord. 2884, 2-06-68) 8.60.015 Sale of Fireworks to Minors Prohibited; Identification Required The sale of fireworks to anyone under the age of 18 is prohibited. A valid form of identification is required at time of purchase. (Ord. MC-1138, 2-19-03; Ord. MC-1022, 5-19-98)

Tagged Passions:streets, sale, purchasing, parks, and fireworks

[Rev. June 2019]

598 8.60.020 License - Required Except as provided in this Chapter, it is unlawful for any person, organization, group or association, etc. to offer for sale or sell at retail any fireworks of any kind in the City without having first applied for and received a license from the Finance Department. (Ord. MC-1484, 4-18-18; Ord. MC-1138, 2-19-03; Ord. MC-460, 5-15-85; Ord. 2884, 2-06-68)
Tagged Passions:finance, sale, license, and fireworks

8.60.030 License - Application - Public liability insurance

All applications for a license to sell fireworks shall:

Tagged Passions:insurance, license, and fireworks

A.
Be made in writing and accompanied by the tax set forth in Section 8.60.090 in addition to a non-refundable fireworks administrative fee of fifty dollars, or such other amount as shall be subsequently set by Resolution of the Mayor and City Council. The fee will be used to defray the administrative costs of the fireworks program. Applications shall be made between the first day and the last day of March of each year except when the last day falls on a Saturday, Sunday or legal holiday, the following business day shall be determined to be the last day;

B. Set forth the proposed location of the fireworks stand applied for. The stands must be on private property located in Commercial General (CG) or Commercial Regional (CR) General Plan Land Use Districts and the written permission of the owner of record or lessee must accompany the application;

Tagged Passions:business, council, legal, taxes, Taxes, program, property, commercial, fireworks, holiday, and housing

C.
Be accompanied by an assurance that if the license is issued to applicant, applicant shall, at the time of receipt of the license, deliver to the Finance Department a minimum of one-million dollars public liability and property damage insurance policies with riders attached to the policies designating the City as an additional insured under this Chapter, and a copy of the requisite permit from the State Fire Marshal.

No additional detail provided

Tagged Passions:finance, insurance, property, and license

D.
Include a copy of the applicant's 501(c) (3),(4),(5),(6),(8),(10),(19),(20), or 501(d) verification of nonprofit status, or demonstrate that it is a non-profit organization, group, association, etc., which is organized primarily for veteran, patriotic, welfare, civic or social betterment (including public or private school clubs, groups, organizations or such other public or private school affiliates), or charitable purposes.

E. All applicants shall be required to demonstrate how revenues received would benefit the citizens of San Bernardino by submitting official board minutes detailing the intent and authorization to sell fireworks. Such minutes shall detail what sites, populations, or projects within the City will benefit and for what purposes;
Tagged Passions:sites, education, and fireworks

[Rev. June 2019]

599

F.
Have attached a completed financial statement form that describes anticipated revenues, expenses, and profits. Such form will be provided by the Finance Department to each applicant. The information contained in this form shall furthermore detail how much money will be provided to the projects mentioned pursuant to subsection (E) above. No less than ninety percent of the net profits derived from the sale of fireworks in the City by the applicant shall be utilized for the direct advancement of the applicant s stated non-profit purposes within the City of San Bernardino in accordance with subsection (E) above.

No additional detail provided

Tagged Passions:finance, sale, financial report, and fireworks

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