City Council Agenda
Memo to:
Manteca City Council
From:
Dave Marques, Fire Chief; Scott Cunningham, Fire Marshal; Stephen Schluer, Police Chief
Prepared by:
Riana Daniel, Staff Counsel
Date:
April 16, 2024
Subject:
Request for Municipal Code Chapter 8.08 "Fireworks" to be Repealed and Replaced
Recommendation:
title
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 dangero...
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