City Council Agenda
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Memo to: |
Manteca City Council |
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From: |
Dave Marques, Fire Chief; Scott Cunningham, Fire Marshal; Stephen Schluer, Police Chief |
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Prepared by: |
Riana Daniel, Staff Counsel |
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Date: |
April 16, 2024 |
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Subject: |
Request for Municipal Code Chapter 8.08 “Fireworks” to be Repealed and Replaced |
Recommendation:
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Waive the first reading by substitution of the title and introduce an ordinance of the City Council of the City of Manteca, State of California, Repealing and Replacing Chapter 8.08 “Fireworks” of the Manteca Municipal Code.
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Background:
The City of Manteca (City) prohibits the possession, sale, or discharge of dangerous fireworks, as defined by California Health and Safety Code (HS Code) Section 12505, within City limits. The City allows the possession, sale, and discharge of “safe and sane fireworks”, as defined by HS Code Sections 12529 and 12562. State law provides for certain criminal penalties for the possession, sale, and discharge of dangerous fireworks under HS Code Sections 12700-12706. The Manteca Municipal Code (MMC) currently provides that violations of Chapter 8.08 “Fireworks” may be prosecuted by the City as a misdemeanor or the City may issue administrative citations in the amount $750 for the first violation, and $1,000 for subsequent violations.
Over the last several years, the City has experienced a significant increase in the possession and discharge of dangerous fireworks in violation of the HS Code and MMC.
For instance, from the time period 6/28/23 - 7/4/23, the City received: 144 Calls for Service regarding Fireworks and twenty-three (23) citations issued. Coinciding with this, the July 4th enforcement period has been extended from 2-3 days to 5-7 days. The use of illegal fireworks start earlier than in years past resulting in an increased burden on staff and resources. The number of complaints received via the “Nail ‘em” app has increased yearly.
To further deter the possession and discharge of dangerous fireworks, the City seeks to increase the fine amount to $1,000 for all administrative citations issued for violations of Chapter 8.08. This is the maximum fine amount allowed under state law for violations of a city ordinance. (Government Code Section 36901.) In addition, the proposed amendment further specifies what locations are prohibited for the discharge of fireworks, such as public streets, sidewalks, a right-of-way, parking lots, and shopping centers. Safe and sane fireworks may be discharged on private property and residential streets. Lastly, the proposed amendment expands the definition of a “responsible party”. If an individual’s agent, employee, or independent contractor violates Chapter 8.08, that individual can be subject to an administrative citation. The amendment also broadens the definition of “responsible party” as it relates to owners of real property and violations occurring on such property.
The proposed amendment is to further deter the possession and discharge of dangerous fireworks. It is the intent of the City to reasonably regulate the possession and discharge of dangerous fireworks within the City to protect the public health, safety, and general welfare of its residents.
Fiscal Impact:
No known fiscal impact to the City. The City may receive additional amounts in fines based on the expanded definitions.
Documents Attached:
1. Attachment 1 - Ordinance
2. Attachment 2 - Exhibit “A” to Ordinance - Redlines to Fireworks Ordinance