Item No. 2 - CONSIDERATION OF AN ORDINANCE AMENDING SECTION 15-68 OF THE WEST COVINA MUNICIPAL CODE RELATING TO ADMINISTRATIVE FINES FOR FIREWORKS-RELATED VIOLATIONSAGENDA ITEM NO. 2
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: May 4, 2021
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT:
CONSIDERATION OF AN ORDINANCE AMENDING SECTION 15-68 OF THE WEST
COVINA MUNICIPAL CODE RELATING TO ADMINISTRATIVE FINES FOR
FIREWORKS -RELATED VIOLATIONS
RECOMMENDATION:
It is recommended that the City Council introduce for first reading, by title only, further reading waived, the
following ordinance:
ORDINANCE NO. 2481 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING SUBSECTIONS (B) AND (C) OF SECTION 15-
6E (ADMINISTRATIVE FINES) OF ARTICLE III (FIREWORKS) OF CHAPTER 15
(MISCELLANEOUS PROVISIONS RELATING TO PUBLIC HEALTH AND SAFETY) OF
THE WEST COVINA MUNICIPAL CODE
BACKGROUND:
Fireworks can be spectacular, exciting, and loud, but they also start fires, damage property, injure, and kill.
Many of these annual illegal fireworks accidents cause people to live with serious, permanent injuries or
destroy property including homes.
On April 05, 2016, Ordinance No. 2294 was adopted by the City Council, adding sections 15-63 through 15-
72 to Article III (Fireworks) of Chapter 15 (Miscellaneous Provisions Related to Public Health and Safety) of
the West Covina Municipal Code, imposing penalties for the improper use of fireworks.
After this Ordinance was approved, the City of West Covina contracted with Turbo Data to handle the
processing and management of parking and administrative citations to include the collecting of fines, fees, and
mitigating citation disputes on the City's behalf. Due to this change, Ordinance No. 2315 was adopted by the
City Council, amending Municipal Code sections 15-68 (Administrative Fines), 15-69 (Right to
Administrative Hearing), 15-70 (Administrative Hearing Procedures), and 15-71 (Right of Appeal).
During the July 21, 2020 City Council meeting, the City Council asked that the Municipal Code be amended
so that all fines related to fireworks violations, including both Dangerous Fireworks and Safe and Sane
Fireworks, would start at $1,000.00 for the first offense.
DISCUSSION:
Currently, the City's Municipal Code section 15-68(b) states: 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 administrative fine or
fines under this article.
Number of Offense
in One -Year period
Amount of
Administrative Penalty
Late Charge
Total Amount of Penalty
Plus Late Charge
First
IS500
$125
$625
Second
IS1,000
$250
1$1,250
Third
IS1,500
$500
$2,000
Adoption of Ordinance No. 2481 will amend the Administrative Fines section of 15-68(b) of the City's
Municipal Code as follows:
Number of Offense
Amount of
Total Amount of
in One -Year
Administrative
Late Charge
Penalty
period
Penalty
Plus Late Charge
First
$1,000
$250 11$1,250
Second 11$2,000
$500 11$2,500
Third
$3,000
$1,000
J$4,000
Currently, the City's Municipal Code Section 15-68(c) states: 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
$350
$75
$425
Second
$700
$150
$850
Third
$1,000
$300
$1,300
Adoption of Ordinance No. 2481 would amend the Administrative Fines section of 15-68(c) of the City's
Municipal Code as follows:
Number of Offense
in One -Year period
Amount of
Administrative Penalty
Late Charge
Total Amount of Penalty
Plus Late Charge
First 11$1,000
$250
$1,250
Second
J$2,000
$500
$2,500
Third 11$3,000
$1,000
$4,000
LEGAL REVIEW:
The City Attorney's Office has reviewed the ordinance and approved it as to form.
Prepared by: Ken Plunkett, Captain
Attachments
Attachment No. 1 - Current Fireworks Ordinance Sec 15-68
Attachment No. 2 - Ordinance No. 2481
CITY Protect Public Safety
COUNCIL
GOALS &
OBJECTIVES:
ATTACHMENT NO. 1
Sec. 15-68. - Administrative fines.
(a) Each person who violates any provision of this Code as it relates to the possession, use,
storage, sale and/or display of "dangerous fireworks" 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
(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 administrative fine or fines under this article.
Number of Offense in
One -Year Period
Amount of
Administrative Penalty
Late
Charge
Total Amount of Penalty
Plus Late Charge
First
$500.00
$125.00
$625.00
Second
$1,000.00
$250.00
$1,250.00
Third
$1,500.00
$500.00
$2,000.00
(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 fees as provided below:
Number of Offense in
One -Year Period
Amount of
Administrative Penalty
Late
Charge
Total Amount of Penalty
Plus Late Charge
First
$350.00
$75.00
$425.00
ATTACHMENT NO. 1
Second
$700.00
$150.00
$850.00
Third
$1,000.00
$300.00
�$1,300.00
(d) In the case of a violation of any of the provisions listed above, the administrative fine(s)
shall be due and payable within thirty (30) calendar days from the issuance of the
administrative fine citation, and the citee shall be required to abate the violation, and surrender
all dangerous fireworks or the safe and sane fireworks to the CEO, immediately. For penalties
not paid in full within that time, a late charge in the amount set forth above is hereby imposed
and must be paid to the city by the citee. Fines not paid within the time established by this
article shall accrue interest at the legal rate. On the second and each subsequent time that a
person is issued a citation for the same violation in any twelve-month period, the fine is
increased as indicated above and the citee shall be liable for the amount of the new fine until
A is paid, in addition to being responsible for payment of previous fees.
(e) All administrative fines and any late charges and interest due shall be paid to the city at such
a location or address as stated on the citation, or as may otherwise be designated by the city
manager. Payment of any fine or fines shall not excuse the citee from complying with the
provision of the code so violated. The issuance of the citation and/or payment of any fine shall
not bar the city from employing any other enforcement action or remedy to obtain compliance
with the provisions of the code so violated including the issuance of additional citations and/or
criminal prosecution.
(1) Upon confirmation of the citation or when the citation is deemed confirmed, all unpaid
administrative fines, late fees and/or interest shall constitute a judgment which may be
collected in any manner allowed bylaw for collection of judgments including, but not limited
to, recordation to create a hen on any real property owned by the responsible person. The city
shall be entitled to recover its attorneys fees and costs incurred in collecting any
administrative fees, late charges and/or interest.
(g) Payment of the administrative fine shall not excuse or discharge a citee from the duty to
imrnmediately abate and correct a violation of the code, nor from any other responsibility or
legal consequences for a continuation or a repeated occurrence(s) of a violation of the code.
(Ord. No. 2294, § 6, 4-5-16)
ATTACHMENT NO.2
ORDINANCE 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 CHAPIER 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, Goverment 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 15-68sets 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 from 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-
Tear 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 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 environment. The Ordinance is therefore exempt from 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
finial 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 _ day of_, 2021.
Letty Lopez-Viado
Mayor
APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West 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 day of May, 2021, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk