Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 25, 2024
Title
ADOPTION OF AN URGENCY ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA ADDING CHAPTER 8.42 TO THE HERMOSA BEACH MUNICIPAL CODE PROHIBITING THE USE OF FIREWORKS IN THE CITY AND AMENDING SECTION 1.10.040 OF THE HERMOSA BEACH MUNICIPAL CODE TO MAKE VIOLATIONS OF CHAPTER 8.42 SUBJECT TO ADMINISTRATIVE CITATIONS, CONSIDER THE ADOPTION OF RESOLUTIONS SETTING THE FINE AMOUNTS FOR THE CITY’S LOCAL REGULATIONS ON FIREWORKS AND DETERMINE THE ABOVE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
(City Attorney Patrick Donegan)
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Recommended Action:
Recommendation
Staff recommends City Council:
1. Consider waiving reading in full of Urgency Ordinance; declare that said title, which appears on the public agenda, shall be determined to have been read by title; and adopt Urgency Ordinance (Attachment 1); and
2. Adopt Resolution specifying fines for violations of Urgency Ordinance (Attachment 2) or alternatively adopt Resolution increasing the fine amount for existing violations of the City’s Fire Code related to fireworks (Attachment 3).
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Executive Summary:
As requested by City Council at its June 11, 2024 meeting, staff presents the following report regarding the regulation of fireworks in the City. As described below, before the Council is an urgency ordinance that creates independent Hermosa Beach Municipal Code authority prohibiting the use of fireworks in the City and making violations of this new chapter subject to the City’s administrative citation process (Attachment 1) and a resolution setting the fine amounts for violating this provision (Attachment 2). Also attached is an alternative resolution that posits increased fine amounts for violating the City’s Fire Code provisions related to fireworks (Attachment 3).
The urgency ordinance requires four-fifths vote of the City Council and if approved, would take effect immediately. Adoption of a resolution requires a majority vote and would also take effect immediately.
Background:
At its June 11, 2024 meeting, Councilmember Jackson requested, and Councilmembers Saemann and Detoy supported, a future agenda item regarding the current regulatory framework pertaining to fireworks in the City and options for the City in dealing with fireworks in the City.
Past Council Actions
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Meeting Date |
Description |
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June 11, 2024 |
Councilmember Jackson requested, and Councilmembers Saemann and Detoy supported, a future agenda item regarding the current regulatory framework pertaining to fireworks in the City and options for the City for enforcing these rules. |
Discussion:
Existing City and State Regulations
The Hermosa Beach Municipal Code (“HBMC”), Chapter 15.20, adopts by reference the Los Angeles County Fire Code. Section 5601.1.3 of the Los Angeles County Fire Code prohibits the possession, manufacture, storage, sale, handling, and use of fireworks with an exception for “safe and sane fireworks” that are explicitly allowed by local ordinance. Because the City of Hermosa Beach does not allow for the sale or use of “safe and sane” fireworks in the City, the Fire Code prohibition applies citywide.
Section 1.10.040 of the HBMC makes violations of Title 15 (Building and Construction), which includes Chapter 15.20, subject to administrative citations. Thus, the City’s existing prohibition on fireworks via adoption of the Los Angeles County Building Code is subject to administrative citations at the default rate of $250 for the first violation.
However, the process for administrative citations for violating Title 17 is typically handled by the City’s Building Department and the appeals process for an administrative citation based on a violation of Title 17 code follows an atypical path. That is, while the City’s typical administrative citation appeal process begins with an appeal to an independent hearing officer, the various Building Codes included in Title 17, which include the Fire Code, contemplate an appeals board with expertise in the trades related to whatever the subject matter of the administrative citation is. Here, it is a bit unclear as the pertinent Fire Code provision simply deals with the possession, manufacture, storage, sale, handling, and use of fireworks as compared to an appeal based on a building technique or material choice where the appellant would argue that they are in compliance with the fire prevention intent of the Fire Code. Thus, while the statutory authority to issue an administrative citation for violation of the Fire Code is clear, the appeal procedure is still a bit unclear. In practice, the City would likely work with any potential appellant to agree on an appeal process.
Further, the State of California also has a robust statutory regime dealing with fireworks. Found in Health and Safety Code Sections 12500 et seq., the State posits, among other things, restrictions on the use of fireworks, including both safe and sane and dangerous fireworks, permitting system for firework displays, and criminal penalties for violating the various Health and Safety Code provisions. More pertinent to the current agenda request is California Health and Safety Code Section 12541, which specifically authorizes a city to establish its own local fireworks prohibitions and regulations. For the most part, violations of the State’s Health and Safety Code are subject to misdemeanor prosecution, and it is these types of violations that the Hermosa Beach Police Department focuses its attention on during high firework times like the 4th of July and New Year’s Eve. The addition of a new HBMC chapter dealing with fireworks, or emphasis on an administrative citation process via the Fire Code, would place Hermosa Beach Police Department (HBPD) officers in a precarious situation where they must determine whether to issue an administrative citation or arrest and/or cite for criminal violation of the aforementioned Health and Safety Code sections. As such, the City’s Police Department is of the position that the existing Health and Safety Code sections are sufficient deterrents and enforcement options for the firework issue in the City.
Urgency Ordinance and City Council Options
The options for the City Council are as follows: (i) maintain the current regulatory framework as-is on fireworks in the City as staff continues to monitor the topic; (ii) adopt the resolution increasing the fine amounts for violations of the City’s Fire Code provisions on fireworks; or (iii) adopt the urgency ordinance and related resolution creating an independent HBMC chapter on the issue of fireworks.
As noted above, the Hermosa Beach Police Department is currently satisfied with the enforcement tools at its disposal and deterrent effect of the existing California Health and Safety Code provisions and does not want to put its officers in the situation where they must decide whether to pursue criminal or administrative measures for a violation of the various firework laws and regulations. HBPD and City staff would continue to monitor the issue and in the event additional enforcement tools are needed, the issue would be brought back to the City Council.
Increasing the fine amount for Fire Code violations poses problems as those citations are typically handled by the Community Development Department and have an unclear appeal procedure that is more geared toward technical interpretation of building techniques and materials. Training or updating City Police Officers and/or Community Services Officers (CSOs) to begin issuing administrative citations based on the Fire Code is something that may take some time to implement. The issuance of administrative citations would also require processing of citations and coordination of appeals, leading to increased staff work.
The attached urgency ordinance creates a new Chapter in the HBMC that replicates and expands on the Fire Code’s prohibition on all types of fireworks in the City. Specifically, the urgency ordinance would prohibit the possession, storage, sale, or use of any kind of firework in the City, prohibits any person from allowing the sale or use of any kind of firework on their property, and would make violations of said Chapter subject to administrative citations. There are carve-outs for sanctioned and permitted fireworks displays such that the City would not be constrained by this ordinance in the future if it wanted to allow some kind of firework display. The independent HBMC authority is consistent with the way the City’s enforcement personnel typically issue administrative citations and would not face the same unclear appeal procedure as a violation of the Fire Code would.
Staff recommends City Council deliberate and provide direction on the above issues and consider adoption of the attached urgency ordinance dealing with fireworks in the City.
Fiscal Impact:
There is no fiscal impact associated with the recommended action.
Attachments:
1. Urgency Ordinance
2. Draft Resolution-Chapter 15.20
3. Draft Resolution-Chapter 8.42
Respectfully Submitted by: Patrick Donegan, City Attorney
Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager