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Fireworks April 19, 2022 Page 7 Recommendation from the Ad Hoc Committee: Consider an Ordinance Prohibiting the Sale, Use, Storage, or Possession of All Fireworks for Either City Council Consideration or to be Presented to the Voters Attached for discussion only is a draft ordinance (Exhibit 2) prohibiting the sale, use, storage, or possession of all fireworks. The Ad Hoc Committee recommends that the City Council either consider an ordinance for City Council consideration or an ordinance to be submitted to the voters as a ballot measure for the November 8, 2022 general municipal election. An ordinance for City Council consideration means that the ordinance can be approved, amended, and repealed by a majority vote of the City Council, whereas an ordinance presented to and approved by a majority of voters can only be amended or repealed by the voters. Below is a summary of the provisions of the draft ordinance: • Declares that it shall be unlawful for any person to possess, store, offer for sale, expose for sale, sell at retail, or use or explode any fireworks. • Maintains the definition of fireworks (the same as defined California Health and Safety Code section 12511). • Defines "Host" and declares that no host shall allow any person to violate a provision of the Fireworks Regulations on the host's private property. • Declares that the Police Chief, Fire Chief, or their designee may seize fireworks at the fireworks owner's expense. • Declares that violation of the Fireworks Regulations shall constitute grounds for issuance of an administrative citation, designated as an infraction, and assessment of a fine. • References the existing fine amount of $1,000. • References a fireworks disposal fee of $250. • Declares that any person who violates the Fireworks Regulations shall be liable for the response costs (costs associated with law enforcement, fire, medical, or other emergency personnel responding to, remaining at, and leaving the scene of a gathering). o Response costs include, but are not limited to, the following: salaries and benefits of law enforcement, fire, medical, or other emergency personnel, administrative costs, medical treatment costs, costs of using City equipment, cost of repairing damaged City equipment or property, and other costs associated with enforcing the Fireworks Regulations. The draft ordinance text may be used in either format (an ordinance for City Council consideration and an ordinance to be presented to the voters).