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Ordinance - 2481ORDINANCE NO. 2481 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SUBSECTIONS (B) AND (C) OF SECTION 15-68 (ADMINISTRATIVE FINES) OF ARTICLE III (FIREWORKS) OF CHAPTER 15 (MISCELLANEOUS PROVISIONS RELATING TO PUBLIC HEALTH AND SAFETY) OF THE WEST COVINA MUNICIPAL CODE WHEREAS, Article Xl, Section 7 of the California Constitution grants the City of West Covina authority to enact and enforce ordinances for the public welfare; and WHEREAS, Government Code section 53069.4 authorizes the City of West Covina to make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty; and WHEREAS, Health and Safety Code section 12557 authorizes the City of West Covina to impose administrative penalties for the use of dangerous fireworks; and WHEREAS, West Covina Municipal Code section 15-62 prohibits the sale, use and discharge of safe and sane fireworks in the City of West Covina; and WHEREAS, West Covina Municipal Code section 15-68 sets forth the administrative fine amounts for violating the provisions of the West Covina Municipal Code relating to the possession, use, storage, sale and/or display of "dangerous fireworks," for failing to obtain a license or approval fi•om the City when required to do so, and for violating the provisions of the West Covina Municipal Code relating to the sale, possession, or use of "safe and sane" fireworks; and WHEREAS, Health and Safety Code section 12557 provides that a local ordinance relating to dangerous fireworks must either be the model ordinance developed by the State Fire Marshal or must contain certain provisions and be limited to persons who possess or seizures of 25 pounds or less of dangerous fireworks; and WHEREAS, the City Council finds that both dangerous fireworks and "safe and sane fireworks" can cause injury, fires and damage to both public and private property; and WHEREAS, the City Council desires to amend subsections (b) and (c) of Section 15-68 of the West Covina Municipal Code to increase the administrative fine amounts set forth therein; and WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Amendment to Section 15-68(b) of Article III of Chapter 15. Section 15- 68(b) (Administrative Fines) of Article III (Fireworks) of Chapter 15 (Miscellaneous Provisions Relating to Public Health and Safety) of the West Covina Municipal Code is hereby amended to read as follows: (b) A person who fails to obtain a license or approval from the city when such a person is required by the code shall be subject to the imposition and payment of an administrative fine or fines as provided below: Number of Offense in One -Year Period Amount of Administrative Penalty Late Charge Total Amount of Penalty Plus Late Charge First $ 1,000.00 $ 250.00 $ 1,250.00 Second $ 2,000.00 $ 500.00 $ 2,500.00 Third $ 3,000.00 $ 1,000.00 $ 4,000.00 SECTION 2. Amendment to Section 15-68(c) of Article III of Chapter 15. Section 15- 68(c) (Administrative Fines) of Article III (Fireworks) of Chapter 15 (Miscellaneous Provisions Relating to Public Health and Safety) of the West Covina Municipal Code is hereby amended to read as follows: (c) Each person who sells, possesses or uses "safe and sane fireworks" in the city shall be subject to the imposition and payment of an administrative fine or fines as provided below: Number of Offense in One -Year Period Amount of Administrative Penalty Late Charge Total Amount of Penalty Plus Late Charge First $ 1,000.00 $ 250.00 $ 1,250.00 Second $ 2,000.00 $ 500.00 $ 2,500.00 Thud $ 3,000.00 $ 1,000.00 $ 4,000.00 SECTION 3. Environmental Compliance. The City Council hereby finds that it can be seen with certainty that there is no possibility the adoption and implementation of this Ordinance may have a significant effect on the enviromnent. The Ordinance is therefore exempt fiom the environmental review requirements of the California Environmental Quality Act pursuant to Section 15061(b) (3) of Title 14 of the California Code of Regulations. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of West Covina hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 5. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage. SECTION 6. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. PASSED, APPROVED AND ADOPTED on this 18th day of May, 2021. APPROVED O FORM Thomas P. Duarte City Attorney �tm--ra mmm ayor ATTEST LA11111wj Lisa She ck Assis City Clerk I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of Wese Covina, California, do hereby certify that the foregoing Ordinance No. 2481 was introduced at a regular meeting of the City Council held on the 4th day of May, 2021, and adopted at a regular meeting of the City Council held on the 18th day of May, 2021, by the following vote of the City Council: AYES: Diaz, Lopez-Viado, Wu NOES: Tabatabai ABSENT: Castellanos ABSTAIN: Lisa Aerrick Assb4nt City Clerk