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C. 9
To: Board of Supervisors
From: Diane Burgis, District III Supervisor
Date: May  18, 2021
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: INTRODUCE Ordinance No. 2021-19, fireworks in the unincorporated areas of the County
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On:   05/18/2021
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Lea Castleberry 925-252-4500
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED:     May  18, 2021
Monica Nino, County Administrator
 
BY: , Deputy

 

RECOMMENDATION(S):

INTRODUCE Ordinance No. 2021-19, regulating the possession, manufacture, sale, use, and discharge of fireworks in the unincorporated areas of the County; WAIVE reading; and FIX June 8, 2021, as the date for adoption.

FISCAL IMPACT:

No fiscal impact.

BACKGROUND:

Chapter 44-2 of the County Ordinance Code prohibits the possession, manufacture, sale, use, and discharge of fireworks in the unincorporated areas of the County. The Sheriff and fire departments in the County receive numerous calls for service each year stemming from illegal fireworks, including calls to address vegetation fires, structure and exterior fires, personal injury or death, and noise or other public nuisances.   
  
BACKGROUND: (CONT'D)
    The proposed ordinance would amend Chapter 44-2 and authorize the Sheriff to arrest and cite a responsible party, as defined in the ordinance, for violations of Chapter 44-2. The proposed ordinance establishes that a responsible party is required to maintain, manage, and supervise the property or vessel for which they are responsible to prevent violations of Chapter 44-2. A responsible party is liable and violates the prohibition on fireworks under Chapter 44-2 if any person possesses, manufactures, sells, offers to sell, uses, or discharges, any fireworks at the property, or on the vessel, for which the responsible party is responsible, regardless of whether the responsible party is present when the violation occurs.   
      
    The proposed ordinance defines a responsible party as any of the following:
    1. A person that owns, rents, leases, or otherwise has possession of, or is in immediate control of, a residence or other private property or a vessel.
    2. A person that organizes, supervises, sponsors, conducts, allows, controls, or controls access to, the possession, manufacture, sale, offer for sale, use, or discharge of fireworks at a residence or other private property or on a vessel.
    If a residence or other private property is rented or leased for a period of more than 30 consecutive days, the landlord or lessor is not a responsible party unless the landlord or lessor: has possession of, or is in immediate control of, the residence or other private property; or has knowledge of the possession, manufacture, sale, offer for sale, use, or discharge of fireworks at the residence or other private property.   
      
    The owner of a residence that is rented for a period of 30 consecutive days or less (a short-term rental) is a responsible party and is liable for violations of Chapter 44-2 if the short-term renter, or any other person, possesses, manufactures, sells, offers to sell, uses, or discharges, any fireworks at the residence, regardless of whether the owner of the short-term rental is present when the violation occurs.

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