CC 2019-02-12_11a Discussion on Safe and Sane FireworksMEMORANDUM
TO: CITY COUNCIL
FROM: STEPHEN C. LIEBERMAN, FIRE CHIEF
SUBJECT: DISCUSSION REGARDING MUNICIPAL CODE REQUIREMENTS
RELATED TO THE DISCHARGE OF CLASS C (“SAFE AND SANE”)
FIREWORKS
DATE: FEBRUARY 12, 2019
SUMMARY OF ACTION:
Discussion and direction regarding Municipal Code Section 8.08.100 – Public Discharge
(Fireworks)
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No funding impacts to this staff report.
RECOMMENDATION:
It is recommended the City Council discuss Arroyo Grande Municipal Code Section
8.08.100 related to the discharge of Class C (“Safe and Sane”) fireworks and provide
direction to staff on any potential changes to the number of days that fireworks may be
discharged in the City.
BACKGROUND:
At the July 24, 2018 meeting, the City Council directed staff to schedule a future agenda
item (within six months), to discuss the days that fireworks can be discharged in the City.
ANALYSIS OF ISSUES:
Municipal Code Section 8.08.100 currently states, “Discharge of safe and sane fireworks
may only occur from the 3rd day of July through midnight of July 5th and shall be in legally
permitted locations. No person under eighteen (18) years of age may possess or discharge
safe and sane fireworks except when under the direct supervision of a person twenty-one
(21) years of age or older.” When the Five Cities Fire Authority was formed in 2010 and
assumed management of the annual fireworks concessions program, Arroyo Grande and
Grover Beach modified their Municipal Codes in an effort to allow for more consistent
program management. Grover Beach also continues to allow the discharge of fireworks on
New Year’s Eve. The Oceano Community Services District does not limit dates of discharge
of fireworks.
Item 11.a. - Page 1
CITY COUNCIL
CONSIDERATION OF A CHANGE TO THE MUNICIPAL CODE RELATED TO THE
DISCHARGE OF FIREWORKS
FEBRUARY 12, 2019
PAGE 2
In the five-year period leading to 2018, the Five Cities Fire Authority (FCFA) was not
significantly impacted by the discharge of fireworks. On July 4, 2019, the FCFA responded
to a structure fire in Grover Beach and two smaller fires in Arroyo Grande. The cause of the
structure fire remains undetermined, but the fires in Arroyo Grande were caused by the
improper disposal/storage of safe and sane fireworks. The Arroyo Grande incidents resulted
in minor damage to a home and a backyard fence.
The Arroyo Grande Police Department responded to 299 calls between July 1 and July 6
2019. Of these 299 calls, 34 were related to fireworks (11.4%).
The chart below displays a summary comparison of how the seven cities of San Luis Obispo
County regulate fireworks:
Fireworks
Allowed?
Allowable
Discharge Dates City
Arroyo Grande Yes 7/3 - 7/5
Atascadero No -
Grover Beach Yes 7/3 - 7/5 and 12/31
Morro Bay Yes Unspecified
Paso Robles No -
Pismo Beach No -
San Luis Obispo No -
ALTERNATIVES:
The following alternatives are provided for potential Council consideration:
1. Provide direction to staff regarding revisions to the Municipal Code to reduce
the number of days that fireworks are allowed to be discharged;
2. Determine that no changes are needed at this time;
3. Provide other direction to staff;
4. Receive and file the staff report.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Item 11.a. - Page 2
CITY COUNCIL
CONSIDERATION OF A CHANGE TO THE MUNICIPAL CODE RELATED TO THE
DISCHARGE OF FIREWORKS
FEBRUARY 12, 2019
PAGE 3
Attachments:
1. City of Arroyo Grande Municipal Code Chapter 8.08 (Fireworks)
2. Five Cities Fire Authority “Fireworks Tips”
3. Correspondence
Item 11.a. - Page 3
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Chapter 8.08 - FIREWORKS
Sections:
8.08.010 - Title 19 of the California Code of Regulations.
Storage, use, retail sales and handling of reworks shall be in accordance with Title 19 of the California Code of Regulations
and this chapter.
(Ord. 588 § 2 (part), 2007)
8.08.020 - Amendment to Fire Code.
California Fire Code Chapter 56 is amended to add the following provisions regarding the sale and use of reworks, Class C
("Safe and Sane").
(Ord. 594 § 7, 2007: Ord. 588 § 2 (part), 2007)
(Ord. No. 657, § 12, 10-8-2013)
8.08.030 - Sale.
No person shall sell or o er for sale any reworks within the city except in a temporary stand or structure used speci cally for
the display and sale of reworks operated and maintained by a recognized charitable, civic or patriotic group or organization with
the permit of the director of building and re.
(Ord. 588 § 2 (part), 2007)
8.08.040 - Permits—Applications.
All applicants for a permit to sell reworks shall:
Submit a written eligibility application to sell reworks on a form provided by the city.
Applications for eligibility shall be accepted by the department of building and re between March 1st and April
15th and shall state the name of the applicant, the name of the organization, its address, the president or head
of the organization, and a complete account of the proposed disposition of all gross receipts of reworks to be
sold at the proposed stand. Failure of such account to show that at least fty (50) percent of the net pro ts
from the sale of reworks will be expended for the bene t of the city or its residents shall cause such
application to be denied.
No organization may receive more than one permit to sell reworks sale during any one calendar year. One
permit may be issued to two or more qualifying applicants as a joint venture.
The maximum number of permits shall be based on one permit per each three thousand (3,000) residents of
the city or fraction thereof, based on the o cial city census. Should the number of applications exceed the
number of available permits, an initial drawing shall be conducted by the city clerk and all applicants shall be
placed on an eligibility list in the order drawn. Permits shall be issued to applicants in the order of the list and
the eligibility list shall be maintained by the department of building and re on an ongoing basis and made
available to the public. In any year succeeding the initial drawing, permits shall be issued to applicants in order
of the list beginning with the rst applicant after the last applicant issued a permit the prior year. Applicants
ling an application that are not on the existing list will be placed at the end of the list at the time the
application is led.
ATTACHMENT 1
Item 11.a. - Page 4
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On an annual basis, eligible applicants shall be those on the list equal to the number of available permits beginnin
the list and working downward. If an applicant withdraws their application, the next succeeding applicant on the l
deemed eligible. Eligible applicants shall le a reworks stand permit application with the department of building
between March 1st and April 15th of the year for which the permit is requested and shall state the name of the ap
name of the organization, its address, president or head of the organization, the location of the proposed stand, t
persons who will actually sta the stand on behalf of the applicant and a complete account of the proposed dispo
gross receipts of reworks to be sold at the proposed stand for that year.
Each applicant must include a "letter of agreement" signed by the property owner or their authorized agent
permitting the organization to erect a reworks stand on the owner's property. Failure to do so shall cause
such application to be denied.
Applicants that are issued a permit are required to le with the city a "