ORDINANCE NO. 2024-006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY
AMENDING SECTION 1-12-4 OF CHAPTER 12, OF TITLE 1, AND SECTION 5-7-13 OF CHAPTER 7, OF TITLE 5, OF THE REEDLEY MUNICIPAL CODE REGARDING CITING PARTIES RESPONSIBLE FOR DANGEROUS FIREWORKS VIOLATIONS
WHEREAS, the use and possession of illegal or dangerous fireworks is an ongoing and persistent nuisance throughout the City each year; and
WHEREAS, many illegal fireworks are discharged at large parties, making it difficult to identify an individual who discharged said illegal fireworks; and
WHEREAS, the City wishes to amend its Code to make property owners and lessees responsible for the violations of the Code that they permit to occur on their property; and
WHEREAS, holding property owners and lessees responsible for the violations that occur on their property will incentivize property owners and lessees to prevent against such nuisance activities from occurring on their property.
BE IT ORDAINED by the Council of the City of Reedley as follows:
SECTION 1. Section 1-12-4 of Chapter 12, of Title 1, of the Reedley Municipal Code is hereby amended to read as follows:
1-12-4: PROCEDURES; ISSUANCE OF ADMINISTRATIVE CITATIONS:
A. Responsible Party. Upon discovering or observing any violation of this code, the enforcement officer shall determine the party responsible for the violation.
1. If a business, the responsible party shall be deemed to be the person who is in immediate control of the business on site that day. The enforcement officer may also determine that the owner of the business is the responsible party.
2. The enforcement officer may also determine that the responsible party is the person who maintains or permits a violation of the Municipal Code to occur at their property. This includes record owner, the current lessee, or other person in possession of the property at the time the violation occurred.
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SECTION 2. Section 5-7-13 of Chapter 7, of Title 5, of the Reedley Municipal Code is hereby amended to read as follows:
5-7-13: POSSESSION OR USE OF DANGEROUS FIREWORKS:
It shall be unlawful for any person to possess or use any illegal or dangerous fireworks within the City as defined by the state fireworks law, section 12500, et seq., of the California Health and Safety Code, as amended from time to time, and such other fireworks as may be determined to be dangerous by the State Fire Marshal. All persons responsible (as defined by Section 1-12-4, subdivision (A), of this Code) for a violation of this Section shall be personally liable for an administrative fine as provided by Section 1-12-8, subdivision (C), of this Code.
SECTION 3. This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 4. The City Clerk is directed to cause this ordinance or a summary of this ordinance to be published once in a newspaper of general circulation published and circulated within the City of Reedley, within fifteen (15) days after its adoption. If a summary of the ordinance is published, the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney.
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Adopted 4/9/24