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
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ATTEST
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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