HomeMy WebLinkAboutOrd 809 ORDINANCE NO. 809
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY AMENDING CATHEDRAL CITY MUNICIPAL
CODE CHAPTER 5.80 "SALE AND DISCHARGE OF SAFE AND
SANE FIREWORKS" RELATED TO ENFORCEMENT
PROCEDURES AND FINES
WHEREAS, pursuant to CCCMC Section 5.80.110, it is unlawful to
discharge or cause to be discharged within the City limits any fireworks not
designated by the state as "Safe and Sane" fireworks, in violation of any provision
of Chapter 5.80 of the CCCMC; and
WHEREAS, currently Section 5.80.150 "Administrative Citation"
establishes the City may issue an administrative citation, pursuant to Chapter
13.58 of the Cathedral City Municipal Code, to any person responsible for
committing, causing or maintaining the subject violation; and
WHEREAS, currently Section 5.80.160 "Administrative Fine" of the CCMC
establishes that the City can impose administrative fines for the discharge of any
fireworks not designated as "Safe and Sane" within the City limits; and
WHEREAS, in-order-to further deter the discharge of any fireworks not
designated as "Safe and Sane" within the City limits, the Council desires to
increase the amount of the fines imposed for violations and hold owners, lessees,
or persons in lawful possession of the property on which the violation occurred
responsible; and
WHEREAS, the City Council finds the passage of this Ordinance
amendment is in the best interest of public health, safety and welfare.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY DOES ORDAIN AS FOLLOWS:
SECTION 1: Amendment of Section 5.80.150.
Section 5.80.150 of the Code is amended to read as follows, with additions
shown in italics:
"Section 5.80.150. Administrative Citation.
A. In lieu of issuing an infraction citation, the City may issue an
administrative citation, pursuant to Chapter 13.58 of the Cathedral
City Municipal Code, to any person responsible for committing,
causing or maintaining the subject violation and to any person who
owns, leases or is otherwise in lawful possession of the property on
which any person commits, causes, or maintains the subject
violation.
B. Nothing in this section shall preclude the City from also issuing an
infraction citation upon the occurrence of the same subject offense
on a separate day.
SECTION 2: Amendment of Section 5.80.160.
Section 5.80.160 of the Code is amended to read as follows, with additions
shown in italics and deletions shown in strikethrough:
"Section 5.80.160. Administrative Fine.
Any person issued an administrative citation under this Chapter, for
each separate violation, shall be subject to an administrative fine in
an amount not to exceed $1,000 for the first and any subsequent
violation.
SECTION 3: Addition of Section 5.80.180.
Section 5.80.180 of the Code is added to the Code to read as follows:
"Section 5.80.180. Enforcement.
The Fire Chief is authorized to enforce the provisions of this Chapter
pursuant to Title 13 of this Code."
Section 4. SEVERABILITY
The City Council declares that, should any provision, section, paragraph,
sentence or word of this ordinance be rendered or declared invalid by any final
court action of competent jurisdiction or by reason of any preemptive legislation,
the remaining provision, sections, paragraphs, sentences or words of this
ordinance as hereby adopted shall remain in full force and effect.
Section 5. AMENDING OF BAIL SCHEDULE
The City Attorney's Office is hereby directed to amend the City's Bail
Schedule to conform to the revised penalty and fine provisions established by this
ordinance and to cause such amended Bail Schedule to be filed with the local
branches of the Superior Court of the County of Riverside.
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Section 6. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its second reading by
the City Council.
Section 7. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall
cause the same to be published according to law.
The foregoing Ordinance was approved and adopted at a meeting of the
City Council held on April 11, 2018 by the following vote:
AYES: Council Members Aguilar, Carnevale and Kaplan;
Mayor Pro Tem Pettis and Mayor Henry
NOES: None
ABSTAIN:
None
ABSENT: None
Stanley E. Henry, Ma or
ATTEST:
4-
ary Ho II, Cty Clerk
APPROVED A T OR
,a
Eric S. Vail, tity Attorney
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