R 5164 RESOLUTION NO. 5164
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ESTABLISHING ADMINISTRATIVE
FINES AND PENALTIES FOR POSSESSION,
MANUFACTURE, STORAGE, SALE, HANDLING OR USE
OF ILLEGAL FIREWORKS
WHEREAS, Government Code section 53069A authorizes a local agency to enact an
ordinance to make any violation of any ordinance enacted by the local agency subject to
an administrative fine; and
WHEREAS, the City of Arroyo Grande has adopted Chapter 1.18 "Administrative
Citations" of Title 1 of the Arroyo Grande Municipal Code (AGMC), which provides that a
violation of any provision of the AGMC or any other ordinance of the City may be subject
to an administrative fine, and has also adopted Resolution No. 5015, which sets forth
administrative fines and penalties for violations of the AGMC; and
WHEREAS, AGMC Section 1.16.010 provides that violations of the AGMC constitute a
misdemeanor, except for those specifically declared to be an infraction, and AGMC
Section 8.08.110 relating to violations of Chapter 8.08 — Fireworks, provides that
violations are a misdemeanor and subject to fines not to exceed one thousand dollars
($1,000), as well as imprisonment in County jail; and
WHEREAS, Government Code Section 36901 provides that "The city legislative body
may impose fines, penalties, and forfeitures for violations of ordinances. It may fix the
penalty by fine or imprisonment, or both. A fine shall not exceed one thousand dollars
($1,000). Imprisonment shall not exceed six months."; and
WHEREAS, AGMC Section 8.08.100 has been amended to prohibit the possession,
manufacture, storage, sale, handling or use of fireworks that do not meet the definition of
"safe and sane"fireworks (hereinafter referred to as"illegal fireworks")within the City; and
WHEREAS, Arroyo Grande Municipal Code Section 1.18.080(A) provides that the
administrative fines for any violations shall be established by resolution of the City
Council, and provides that the amounts of fines may be modified from time to time by a
resolution of the City Council; and
WHEREAS, the use of illegal fireworks creates a substantial fire hazard, especially given
the serious drought conditions that exist in the City, and therefore, the City Council has
determined that a significant fine in the amount of $1000 is appropriate for violation of
prohibitions in the AGMC relating to illegal fireworks.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
as follows:
RESOLUTION NO. 5164
PAGE 2
1. The recitals set forth herein are true, correct and incorporated herein by this
reference.
2. Violations of AGMC Section 8.08.100 for the possession, manufacture,
storage, sale, handling or use of illegal fireworks shall be punishable by an
administrative fine of one thousand dollars ($1,000).
3. Failure to pay administrative fines within the time period set forth in any
administrative citation shall result in the imposition of a late penalty in the
amount of ten percent (10%) of the administrative fine.
4. Upon a failure of the person liable therefore to pay any administrative fine and
late penalty within sixty (60) days of issuance of the administrative citation on
which the fine and late penalties were imposed, interest shall begin to accrue
on the fine at seven percent (7%) per year, compounded, from that sixtieth
(60th) day until the fine and late penalty are paid.
5. This Resolution shall be effective immediately upon its adoption.
On motion of Council Member Paulding, seconded by Council Member George, and by
the following roll call vote, to wit:
AYES: Council Members Paulding, George, Storton, Barneich, and Mayor Ray Russom
NOES: None
ABSENT: None
The foregoing Resolution was approved this 8th day of March, 2022.
RESOLUTION NO.51641
PAGE 3
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CAREN R '. SSOM, MAYOR
ATTEST:
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aSSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
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WHITNEY M Tri ONALD, CITY MANAGER
APPROVED AS TO FORM:
TIMOTH J. CARMEL, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 5164 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 8th day of March, 2022.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 10th day of
March, 2022.
J SSICA MATSON, CITY CLERK