City Council
MEETING DATE: 4/22/2015
TITLE:
Title
Ordinance Implementing a Ban on All Fireworks in the City
End
FROM:
Charlie McClendon, City Manager
RECOMMENDATION:
Recommendation
Staff recommends that the Council discuss the ordinance hold an up or down vote on a complete fireworks ban.
Body
BACKGROUND:
In 2003, the City Council adopted the "Safe and Sane" Fireworks program. The ordinance adopted was based on a program that had been successful in the City of Loma Linda. This program was designed to accomplish two objectives. First it would provide funding to cover the costs associated with patrol and public education related to Fireworks, and as well it would offer nonprofits the funding that was displaced during budget reductions. The program was originally open to four established non-profit organizations that, prior to budget cuts, had been receiving funds from the City. In addition, the program was open to four undetermined non-profit organizations. This created an opportunity for eight groups to participate in total. Today, the program is open to six groups, three of which are named in the ordinance.
Council discussed the current Fireworks ordinance in study session on March 25, 2015. Direction was provided to staff to continue with the existing program in 2015 and to collect data on Police and Fire calls associated with Fireworks and the amount of money raised by the non-profits as a result of the program. The data gathered was then to be presented to Council, probably in the fall of 2015.
Subsequently, during Council Comments on April 8, 2015 Councilmember Kaplan asked that an ordinance implementing a complete ban on Fireworks in Cathedral City be brought to Council now for an up or down vote. The proposed ordinance provides an effective date of August 1, 2015, so the current "Safe and Sane" program would be allowed to continue for the 2015 season.
DISCUSSION:
Highlights of the current Safe and Sane program:
1. Application period and review:
• Application period opens for one week.
• Applicant pays application fee ($100 non-refundable).
• Fire Department verifies non-profit status.
• Fire Department verifies City business license.
2. Mandatory Orientation Meeting:
• Requires two attendees from each applicant organization attend.
• Requires one attendee from each fireworks manufacturer/supplier to attend.
• Lottery is used if more than six applications are turned in.
• Fire Chief/Fire Marshal reviews program rules with applicants
• Additional documentation is due which includes:
Program permit fee
Safety permit fee
Refundable $150 deposit (for location cleanup at end of program)
Property owner authorization for booth location
Insurance certificate naming the City of Cathedral City additionally insured to $1M
State Board of Equalization temporary resale certificate
3. Fireworks booths are dropped off at approved locations no sooner than one week before program start date (June 28).
4. Fireworks sales may begin no sooner than noon on June 28th, and only after booths are successfully inspected by the Fire Department in the morning of June 28.
5. A Fireworks Committee reviews actions approved and taken by the Fire Department.
6. Fugitive dust mitigation (PM10) plan may be required.
7. Booths must be located at least one half (1/2) mile apart.
Fees collected are allocated to the following costs associated with the program:
1. Application Fee ($100)
2. Fireworks Program Permit Fee ($2,749)
• Administrative costs
• Public safety patrols
• Cleanup of public areas at end of program
• Advertising
3. Safety Permit Fee ($342)
• Costs associated with Fire Marshal enforcement of program, including inspections and spot checks, and citations
4. Deposit ($150, non-refundable)
• Ensures booth site is left as it was found or better, and is returned to issuer upon successful inspection.
Timelines for the 2015 Fireworks Program:
March 26 Application notification begins via press release, website and Facebook
April 6 Application period opens
April 9 Application period closes (4PM)
April 22 Mandatory meeting and lottery (if necessary) (2PM)
June 28 Booth inspection (8AM-12PM), Sales begin at 12PM
July 4 Sales end at 10PM
FISCAL IMPACT:
The $3,191 received from each qualified group represents the actual costs for safety patrols, inspections, enforcement, advertising and administrative tasks. The number of patrol hours is dependent on the number of groups that qualify and participate each year; the more groups that participate allows for a greater patrol presence.
ATTACHMENTS:
Ordinance Implementing a Fireworks Ban