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HomeMy WebLinkAboutFD-053 - Ordinances ORDINANCE NO. FD 53 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE PENALTIES, PROCEDURES, AND REMEDIES APPLICABLE TO FIREWORKS, INCLUDING DANGEROUS FIREWORKS AND SAFE AND SANE FIREWORKS, AND FIRE OR LIFE SAFETY VIOLATIONS OF THE MUNICIPAL CODE, AND AMENDING ORDINANCE NO. FD 45 AND ORDINANCE NO. FD 50 WHEREAS, pursuant to Senate Bill 839 ("SB 839"), effective as of January 1, 2008, the State Fireworks Law authorizes local jurisdictions to prohibit the possession of dangerous fireworks in the amount of 25 pounds or less and to assess a fine for the unlawful possession of 25 pounds or less of dangerous fireworks; WHEREAS, pursuant to SB 839, any local jurisdiction which already had in place as of January 1, 2008 an administrative fine ordinance which permits levying a fine for the use or possession of dangerous fireworks within that jurisdiction must, as soon as practical: (1) amend the ordinance to provide for cost reimbursement to the State Fire Marshal for transportation and disposal of dangerous fireworks seized by that jurisdiction, (2) amend the ordinance to provide that it is limited to persons who possess 25 pounds or less of dangerous fireworks, and (3) amend the ordinance to provide that fines collected pursuant to the administrative fine are not subject to the 65%/35% split that applies to Superior Court fines; WHEREAS, the District Board determines that the adoption of this ordinance regulating the possession, sale, use, display, and discharge of dangerous fireworks is necessary in order to comply with SB 839 and the State Fireworks Law; WHEREAS, the administrative fines set forth herein are imposed under authority of SB 839 and Government Code Section 53069.4; WHEREAS, the Rancho Cucamonga Fire Protection District and its Fire Chief are charged with enforcing fire and life safety provisions of the Municipal Code of the City of Rancho Cucamonga, in addition to the ordinances and codes of the Rancho Cucamonga Fire Protection District, within the jurisdictional boundaries of the City of Rancho Cucamonga; NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District HEREBY ORDAINS as follows: SECTION 1: Subdivision A of Section 1 of Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is amended to read as follows: "A. No person shall violate or fail to comply with any provision or requirement of the most recent version of the California Fire Code as adopted and amended by the District ("the Fire Code"), any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to said Fire Code, District Ordinance, or fire or life safety provision of the Municipal Code. Any person who shall violate or fail to comply with any provision or requirement of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to said Fire Code, District Ordinance, or fire or life safety provision of the Municipal Code, shall be guilty of a misdemeanor unless (1) such a violation or failure is designated as an infraction or is subsequently prosecuted as an infraction, in which case such person shall be guilty of an infraction; or (2) such a violation or failure is prosecuted as a civil administrative action pursuant to this Ordinance. Any person, business, organization, corporation, or other entity that fails to pay an administrative fine or to comply with an Administrative Order is guilty of a misdemeanor as provided in this Ordinance." SECTION 2: Subdivision B of Section 1 of Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is amended to read as follows: "B. (1) Except as provided in subsections (2) and (3), any violation of any provision of the Fire Code or any District Ordinance may be prosecuted as an infraction unless otherwise provided in the Fire Code, as a misdemeanor, or as a civil administrative action in the discretion of the District Attorney or District Prosecutor, after consultation with the Fire Chief. (2) Any violation of any provision of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to any fire or life safety provision of the Municipal Code, pertaining to possession, sale, use, and/or display, or the seizure, of 25 pounds or less (gross weight) of dangerous fireworks shall be prosecuted as a misdemeanor, unless otherwise provided by State or federal law, or as a civil administrative action, in the discretion of the District Attorney or District Prosecutor, after consultation with the Fire Chief. As used in this Subparagraph (2), 'dangerous fireworks' shall have the meaning set forth in Section 9.C. (3) Any violation of any provision of the Fire Code, District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to any fire or life safety provision of the Municipal Code, pertaining to the sale, use, and/or discharge of safe and sane fireworks shall be prosecuted as a misdemeanor, unless otherwise provided by State or federal law, or as a civil administrative action, in the discretion of the District Attorney or District Prosecutor, after consultation with the Fire Chief. As used in this Subparagraph (2), 'safe and sane fireworks' shall have the meaning set forth in Section 9.C." SECTION 3: Subdivision C of Section 1 of Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is amended to read as follows: "C. Every day any violation of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to the Fire Code, District Ordinance, or fire or life safety provision of the Municipal Code shall continue shall constitute a separate offense." Ordinance No. FD 53 - Page 2 of 11 SECTION 4: Subdivision D of Section 1 of Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is amended to read as follows: "D. Unless otherwise specifically provided in the Fire Code, any District Ordinance, or the Municipal Code, any person guilty of a misdemeanor for violation of any provision of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to the Fire Code, District Ordinance, or fire or life safety provision of the Municipal Code shall be punished by a fine of not more than One Thousand Dollars ($1,000) for each violation or offense, or by imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment." SECTION 5: Subdivision G of Section 1 of Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is amended to read as follows: "G. The violation of any of the provisions of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to said Fire Code, District Ordinance, or fire or life safety provision of the Municipal Code constitutes a nuisance and may be abated by the District through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances." SECTION 6: Section 2 of Ordinance No. FD-45 of the Rancho Cucamonga Fire Protection District is amended to read as follows: "Section 2. Mandatory appearance required. Whenever any person is arrested for any violation of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to the Fire Code, District Ordinance, or fire or life safety provision of the Municipal Code, the arrested person shall be taken without unnecessary delay before a magistrate who has jurisdiction over the offense and is nearest or most accessible with reference to the place where the arrest is made when the person arrested: A. Fails to present a driver's license or other satisfactory evidence of identity for examination. B. Refuses to give a written promise to appear in court. C. Demands an immediate appearance before a magistrate. SECTION 7: Subdivision A of Section 3 of Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is amended to read as follows: "A. Pursuant to the provisions of State law, the District officers or employees designated by the District Board to issue citations and make misdemeanor arrests may issue citations and make arrests without a warrant whenever they have reasonable cause to believe that the person who is either arrested or to whom a citation is issued has committed an infraction or misdemeanor violation of the Fire Code, any District Ordinance, any fire or life safety provision of the Ordinance No. FD 53 - Page 3 of 11 Municipal Code, any condition of any permit issued pursuant to the Fire Code, District Ordinance, fire or life safety provision of the Municipal Code, or any violation of any State statute, which such officers or employees have the duty to enforce, and the violation has been committed in the presence of such officers or employees." SECTION 8: Section 5 of Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is amended to read as follows: "Section 5. Definitions. The following words and phrases, when used in the context of this Ordinance, shall have the following meanings: A. Citing Official means any officer or employee authorized by the District Board to issue citations and any officer or employee authorized by the Municipal Code or any ordinance or resolution of the City Council of the City of Rancho Cucamonga to issue citations, and the same shall be subject to Section 3 of this Ordinance. B. City Clerk means the City Clerk of the City of Rancho Cucamonga, or the City Clerk's designee. City Clerk also means any official or department of the City designated by the City Manager to perform functions of the City Clerk specified in this Chapter. C. Fire Chief means the Fire Chief of the Rancho Cucamonga Fire Protection District or the Fire Chiefs designee. D. Fire Marshal means the Fire Marshal of the Rancho Cucamonga Fire Protection District or the Fire Marshal's designee. E. Fire or life safety provision of the Municipal Code means all of the following: (1) Chapter 8.12 of the Rancho Cucamonga Municipal Code; (2) any provision of the Rancho Cucamonga Municipal Code which addresses fire or life safety; and (3) any provision of the Rancho Cucamonga Municipal Code in which authority to enforce said provision has been given to the District's Fire Chief, the District's Fire Code Official, the Fire Chief for the City of Rancho Cucamonga, and/or to any employees of the City of Rancho Cucamonga's Fire Construction Services and Code Enforcement divisions who have been expressly designated by the appointing authority as having the power of arrest under the Municipal Code, Fire Code, and/or any District Ordinance. F. Legal Interest means any ownership interest of any person in real property as evidenced by title or ownership documents or instruments which have been recorded with the San Bernardino County Recorders Office or which are on file with, or in possession of, any other governmental entity. Legal Interest shall also include the property interest of lessees or tenants of real property, as well as all sublessors thereof G. Municipal Code means the City of Rancho Cucamonga Municipal Code. H. Person means any natural person, business, organization, corporation, or other entity. Ordinance No. FD 53 - Page 4 of 11 I. Responsible Person means any natural person, business, organization, corporation, or other entity determined by a Citing Official to be responsible for causing, maintaining, permitting, or allowing a violation of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to the Fire Code, any District Ordinance, or any fire or life safety provision of the Municipal Code. Responsible Person includes but is not limited to any person, business, organization, corporation, or other entity having an ownership or possessory interest in property, or any agent thereof with actual or apparent authority, possession, or control of property, as well as any other person, business, organization, corporation or other entity that creates, permits, or allows a violation of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to the Fire Code, District Ordinance, or fire or life safety provision of the Municipal Code to occur or be maintained." SECTION 9: Section 9 of Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is amended to read as follows: "Section 9. Administrative fine. A. For any violation of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to the Fire Code, District Ordinance, or fire or life safety provision of the Municipal Code deemed to be an infraction, and for which there is no specific administrative penalty established in the Fire Code or District Ordinance by the District Board or in the Municipal Code by the City Council, or otherwise set forth in an adopted administrative penalty schedule, the fine shall be in the amount of One Hundred Dollars ($100.00) for a first violation; Two Hundred Dollars ($200.00) for a second violation of the same provision of the Fire Code within a twelve month period; and Five Hundred Dollars ($500.00) for each additional violation of the same provision of the Fire Code, District Ordinance or Municipal Code within a twelve month period provided, however, that for any infraction that is a violation of a building and safety code of the City of Rancho Cucamonga or the Rancho Cucamonga Fire Protection District, the foregoing fines shall be increased to One Hundred Dollars ($100.00), Five Hundred Dollars ($500.00), and One Thousand Dollars ($1,000.00), respectively. B. Except as provided in Subsection C, for any violation of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to the Fire Code, any District Ordinance, or any fire or life safety provision of the Municipal Code deemed to be a misdemeanor, the administrative fine shall not exceed One Thousand Dollars ($1,000.00). C. Dangerous Fireworks. 1. As used in this Ordinance, 'dangerous fireworks' means those fireworks classified as "dangerous fireworks" in California Health and Safety Code § 12500, et seq., and such other fireworks as may be determined to be dangerous fireworks by the State Fire Marshal. Ordinance No. FD 53 - Page 5 of 11 2. Scope: The imposition of administrative fines related to dangerous fireworks under this Subsection C shall be limited to persons who possess, sell, use, and/or display, or the seizure of, 25 pounds or less (gross weight) of such dangerous fireworks. 3. For any violation of the Fire Code, any District Ordinance or any fire or life safety provision of the Municipal Code relating to the possession, sale, use, and/or display of dangerous fireworks, or any condition of any permit issued pursuant to the Fire Code, any District Ordinance, or any fire or life safety provision of the Municipal Code relating to dangerous fireworks, the administrative fine shall be $1,000, plus a late charge of $500 if the fine is not paid within 20 days of the date of the citation, plus all costs incurred by the District that result from the transportation and disposal by the Office of the State Fire Marshal of any dangerous fireworks seized from the person. 4. For any violation of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to the Fire Code, any District Ordinance, or fire or life safety provision of the Municipal Code relating to the sale, use and/or display of safe and sane fireworks, the administrative fine shall be $1,000, plus a late charge of $500 if the fine is not paid within 20 days of the date of citation, plus all costs incurred by the Office of the State Fire Marshal for the transportation and disposal of any safe and sane fireworks. 5. Administrative fines collected pursuant to this Section for violations pertaining to dangerous fireworks shall not be subject to Health and Safety Code § 12706. However, the District shall provide cost reimbursement to the State Fire Marshal for the transportation and disposal of dangerous fireworks seized by the District from the violator, where applicable. These costs will be included in any administrative fines imposed under this Section. The costs incurred by the Office of the State Fire Marshal will be calculated based upon the regulations promulgated by that office. If those regulations have not been adopted by the Office of the State Fire Marshal at the time a person is cited for possession of dangerous fireworks under this Ordinance, the District shall hold in trust $250 (two hundred fifty dollars) or 25% (twenty-five percent) of any fine collected, whichever is greater, to cover the cost reimbursement to the State Fire Marshal for said cost of transportation and disposal of the dangerous fireworks. D. Administrative fines assessed pursuant to an administrative citation are a debt owed to the District." SECTION 10: Section 16 of Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is hereby amended to read as follows: "Section 16. Procedures at administrative hearing. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of that party's case and to cross-examine witnesses. The District bears the burden of proof at an administrative hearing to establish a violation of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to the Fire Code, any District Ordinance, or any fire or life safety provision of the Municipal Code. Ordinance No. FD 53 - Page 6 of 11 Administrative citations, compliance orders, and any additional reports submitted by the Citing Official shall constitute prima facie evidence of the facts contained in those documents. The Administrative Hearing Officer shall use preponderance of evidence as the standard of review in deciding the issues." SECTION 11: Section 19 of Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is hereby amended to read as follows: "Section 19. Late payment charges. Any person who fails to pay to the District, on or before the due date, any administrative fine imposed pursuant to the provisions of this Ordinance, shall be liable for the payment of the administrative fine plus applicable late payment charges as follows: A. For payments received within ninety (90) days after the due date, a late fee in the amount of fifty (50%) percent of administrative fine due; B. For payments received more than ninety (90) days after the due date, a late fee in the amount of one hundred (100%) percent of the overdue administrative fine. C. Late payments for violations relating to dangerous fireworks and safe and sane fireworks shall be determined by Section 9.C.3 and 9.C.4. of this Ordinance." SECTION 12: Section 24 of Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is hereby amended to read as follows: "Section 24. Remedies cumulative. The conviction and punishment of any person for failure to comply with the provisions of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to the Fire Code, any District Ordinance, or fire or life safety provision of the Municipal Code shall not relieve such person from paying any tax, fee, penalty, or interest due and unpaid at the time of such conviction, nor shall payment prevent a criminal prosecution or imposition of a civil or administrative penalty for the violation of any of the provisions of this Ordinance. All remedies shall be cumulative, and the use of any one or more remedies by the District shall not bar the use of any other remedy for the purpose of enforcing the provisions of this Ordinance." SECTION 13: Section 25 of Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is hereby amended to read as follows: "Section 25. Administrative penalties: Continuing violations -- Compliance orders. The administrative remedy provided in this Ordinance for any continuing violation of the Fire Code, any District Ordinance, any fire or life safety provision of the Municipal Code, or any condition of any permit issued pursuant to the Fire Code, any District Ordinance, or any fire or life safety provision of the Municipal Code, related to building, electrical, mechanical, or similar structural issue that does not create an immediate danger to health or safety may be exercised in place of, or in addition to, any other remedy which is allowed by law, whether administrative, criminal, civil, or equitable. If a violation is not prosecuted criminally, the District may proceed with civil or administrative proceedings pursuant to this Ordinance." Ordinance No. FD 53 - Page 7 of 11 SECTION 14: Section 26 of Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is hereby amended to read as follows: "Section 26. Compliance order. Whenever the Citing Official determines that there exists a continuing violation of any provision of the Fire Code, any District Ordinance or any fire or life safety provision of the Municipal Code or any condition of any permit issued pursuant to the Fire Code, any District Ordinance, or any fire or life safety provision of the Municipal Code related to building, electrical, mechanical, or similar structural issue that does not create an immediate danger to health or safety, the Citing Official shall issue or cause to be issued a written compliance order to any Responsible Person, and such order shall be served by the Citing Official as provided in this Ordinance." SECTION 15: Section 33 of Ordinance No. FD 45 of the Rancho Cucamonga Fire Protection District is hereby amended to read as follows: "Section 33. Exclusive procedures. The procedures set forth in this Ordinance are the exclusive procedures applicable to enforcement of the Fire Code, District Ordinances, fire or life safety provisions of the Municipal Code, and conditions of permits issued pursuant to said Fire Code, District Ordinances, and fire or life safety provisions of the Municipal Code. Any and all other penalty procedures previously adopted by the District are hereby repealed provided, however, that such repeal shall not affect or excuse any violation occurring prior to the effective date of this Ordinance." SECTION 16: Section 2.1.3 of Ordinance No. FD 50 of the Rancho Cucamonga Fire Protection District is hereby amended to read as follows: "2.1.3 The term "fire code official" shall mean the fire chief or his/her designee charged with the implementation, administration, and enforcement of the Fire Code, District Ordinances, fire or life safety provisions of the Municipal Code, and/or permits issued pursuant to the Fire Code, any District Ordinance, or any fire or life safety provision of the Municipal Code." SECTION 17: Section 2.1.6 is added to Ordinance No. FD 50 of the Rancho Cucamonga Fire Protection District to read as follows: "2.1.6 The term "Municipal Code" shall mean the Municipal Code of the City of Rancho Cucamonga." SECTION 18: Section 2.2.1 of Section 2, Fire Code Adopted, of District Ordinance No. FD 50, is hereby amended to read as follows: "2.2.1 Reasonable fees, not to exceed fully burdened actual costs, may be collected by the fire code official for fire protection planning, fire prevention services, inspections, and permit issuance as allowed by the Fire Code, this Oordinance, any other District Ordinance, the Municipal Code, any permits issued pursuant to the Fire Code, any District Ordinance, or any fire or life safety provision of the Municipal Code, and as prescribed by any and all District fee resolutions and/or City Council fee resolutions." Ordinance No. FD 53 - Page 8 of 11 SECTION 19: Section 3301.1.3 of Chapter 33 of the 2009 International Fire Code, as amended and adopted by the District in District Ordinance No. FD 50, is amended to read as follows: "3301.1.3 Fireworks. a. The possession, manufacture, storage, sale, offer for sale, display, handling, discharge, and use of all fireworks, including but expressly not limited to dangerous fireworks and safe and sane fireworks, are prohibited. b. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Ordinance shall also constitute a violation. Exceptions: 1. Storage and handling of fireworks as allowed in Section 3304 and Title 19 CCR, Chapter 6. 2. Manufacture, assembly, and testing of fireworks as allowed in Section 3305 and Title 19 CCR, Chapter 6. 3. The use of fireworks for display as allowed in Section 3308 and Title 19 CCR, Chapter 6. 4. The possession, storage, sale, handling, and use of specific types of Division 1.4G fireworks where allowed by applicable laws, ordinances, and regulations, including but not limited to safe and sane fireworks, provided such fireworks comply with Title 19 CCR, Chapter 6; CPSC 16 CFR, Parts 1500 and 1507; and DOTn 49 CFR, Parts 100-178, for consumer fireworks. 5. The possession of safe and sane fireworks. SECTION 20: Except as otherwise expressly amended herein, Ordinance No. FD 45 and Ordinance No. FD 50 each remains in full force and effect. SECTION 21: Compliance with the California Environmental Quality Act. The District Board finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 22: Severability. The Board of Directors declares that should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. Ordinance No. FD 53 - Page 9 of 11 SECTION 23: Rights Reserved Nothing in this Ordinance hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or any liability incurred, or any cause or causes of action, or any existing agreement under any ordinance hereby amended; nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this Ordinance. SECTION 24: Publication The Secretary of the District shall certify to the adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted as required by law. Please see the following page for formal adoption,certification and signatures Ordinance No. FD 53 - Page 10 of 11 PASSED, APPROVED, AND ADOPTED this 20th day of February 2013. AYES: Alexander, Michael, Steinorth, Williams NOES: None ABSENT: Spagnolo ABSTAINED: None Slip L. Dennis Michael, President ATTEST: ce C. Reynolds, S' retary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Ordinance was introduced for first reading by the Board of Directors of the Rancho Cucamonga Fire Protection District at a regular meeting of said Board held on the 6t" day of February, 2013 and was finally passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District at a regular meeting of said Board held on the 20th day of February, 2013. Executed this 21st day of February 2013 at Rancho Cucamonga, California. nice C. -Reynold. eyn d.s, cretary Ordinance No. FD 53 - Page 11 of 11