CC 2022-03-08_08e Supplemental 1MEMORANDUM
TO: CITY COUNCIL
FROM: Whitney McDonald, City Manager
By: Sarah Lansburgh, Deputy City Clerk/Communications Coordinator
SUBJECT: Supplemental Information
Agenda Item 8.e. – Consider Introduction of Ordinance Amending
Ch. 8.08 of Title 8 of the Arroyo Grande Municipal Code Regarding
Sale & Discharge of Class C (“Safe and Sane”) Fireworks & Adoption
of Resolution Establishing Fines & Penalties for Illegal Fireworks
Violations
DATE: March 4, 2022
Following publication of the March 8, 2022 City Council Meeting agenda, it was
discovered that the proposed Ordinance included in Item 8.e. mistakenly included a
proposed revision to the distance limitation between fireworks stands. The current
Arroyo Grande Municipal Code section 8.08.060.A states:
No fireworks stands shall be located within fifty (50) feet of any other
building, within one hundred (100) feet of a gasoline or other type of
flammable fuel pump or storage area, within five hundred (500) feet of
another fireworks stand or less than one-eighth of a mile from the city's
boundary with another jurisdiction.
The proposed Ordinance included with the published staff report mistakenly replaced
the reference to “five hundred (500) feet” with “thirty (30) feet.” The proposed Ordinance
has now been updated to reflect the direction of the City Council provided during its
February 22, 2022 regular meeting that retained the original distance requirement
between fireworks stands but modified the distance requirement for fireworks stands
from other buildings from fifty (50) feet to thirty (30) feet . Section 2 of the proposed
Ordinance has been updated as follows:
SECTION 2. Subsection A of Section 8.08.060 of the Arroyo Grande
Municipal Code is hereby amended in its entirety to read as follows:
8.08.060A Fireworks Stands – Construction and Placement
No fireworks stands shall be located within thirty (30) feet of any
other building, within one hundred (100) feet of a gasoline or other
type of flammable fuel pump or storage area, within five hundred
(500) feet of another fireworks stand or less than one-eighth of a
mile from the city’s boundary with another jurisdiction.”
It is recommended that the attached revised Ordinance be introduced as part of Item 8.e.
cc: City Manager
Five Cities Fire Chief/Executive Officer
Chief of Police
City Attorney
City Clerk
City Website (or public review binder)
ATTACHMENT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING CHAPTER 8.08 OF THE
ARROYO GRANDE MUNICIPAL CODE RELATING TO THE
DISCHARGE OF “SAFE AND SANE” FIREWORKS
WHEREAS, Arroyo Grande Municipal Code Chapter 8.08 of Title 8 regulates the sale
and use of “safe and sane” fireworks and establishes a process for the issuance of
necessary permits; and
WHEREAS, the City Council finds it is the best interest of the City and its residents to
amend the fireworks ordinance in order to reduce the hours which “safe and sane”
fireworks may be discharged, reduce the number of days “safe and sane” fireworks may
be sold, and to modify the construction and placement of fireworks stands.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DOES ORDAIN AS FOLLOWS:
SECTION 1. The above recitals and findings are true and correct and are incorporated
herein by this reference.
SECTION 2. Subsection A of Section 8.08.060 of the Arroyo Grande Municipal Code is
hereby amended in its entirety to read as follows:
8.08.060A Fireworks Stands – Construction and Placement
No fireworks stands shall be located within thirty (30) feet of any other building,
within one hundred (100) feet of a gasoline or other type of flammable fuel pump or
storage area, within five hundred (500) feet of another fireworks stand or less than
one-eighth of a mile from the city’s boundary with another jurisdiction.
SECTION 3. Subsection A of Section 8.08.070 of the Arroyo Grande Municipal Code is
hereby amended in its entirety to read as follows:
8.08.070A Sales
Fireworks shall not be sold before noon on the twenty-eighth day of June and such
sales shall cease at nine p.m. on the fourth day of July. Sales during this time period
will be limited to nine a.m. to nine p.m. each day. Any permittee failing to observe
these hours designated for sale may have their permit revoked or be ineligible for a
permit in subsequent years.
ORDINANCE NO.
PAGE 2
SECTION 4. Section 8.08.100 of Chapter 8.08 of Title 8 of the Arroyo Grande Municipal
Code is hereby amended in its entirety to read as follows:
8.08.100 Public Discharge
Discharge of “safe and sane” fireworks may only occur on July 4th from the hours of
10 a.m. through 10 p.m. 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. No
fireworks, other than those meeting the definition of “safe and sane” fireworks, may
be possessed, manufactured, stored, sold, handled or used within the City.
SECTION 5. This Ordinance is exempt from the California Environmental Quality Act in
accordance State CEQA Guidelines, Article 18: Statutory Exemptions, Section
15282(h).This section of CEQA provides a statutory exemption for “the adoption of an
ordinance regarding second units [accessory dwelling units] in a single-family or
multifamily residential zone by a city or county to implement the provisions of Sections
65852.1 and 65852.2 of Government Code as set forth in Section 21080.17 of the Public
Resources Code.” The City Clerk shall file a Notice of Exemption from CEQA review in
accordance with CEQA Guidelines.
SECTION 6. A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the City Clerk. Within
fifteen (15) days after adoption of the Ordinance, the summary with the names of those
City Council members voting for and against the Ordinance shall be published again,
and the City Clerk shall post a certified copy of the full text of such adopted Ordinance.
SECTION 7. This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
SECTION 8. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the
ordinance would be subsequently declared invalid or unconstitutional.
On motion by Council Member ______, seconded by Council Member _______, and by
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this ___ day of ___, 2022.
ORDINANCE NO.
PAGE 3
___________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
___________________________________
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
________________________________
WHITNEY McDONALD, CITY MANAGER
APPROVED AS TO FORM:
___________________________________
TIMOTHY J. CARMEL, CITY ATTORNEY