Report Prepared by: Craig J. Cornwell, City Attorney
Title
SUBJECT: Introduction of an Ordinance Amending Chapter 8.22 to Add Fireworks Host Liability and Enforce Stricter Penalties
REPORT IN BRIEF
Consideration of draft Ordinance amending Chapter 8.22 to Fireworks Host Liability and enforce stricter penalties.
RECOMMENDATION
City Council - Adopt a motion:
A. Introducing and approving the first reading of Ordinance No. 2570, an Ordinance of the City Council of the City of Merced, California, amending Chapter 8.22 (Fireworks) to add Fireworks Host Liability; Enforce Stricter penalties; and Reorder/Renumber Certain Sections; and,
B. Set the Ordinance for a second reading and adoption.
Body
ALTERNATIVES
1. Introduce and approve first reading of the Ordinance as recommended by staff; or,
2. Provide direction on specific revisions to the Ordinance; or,
3. Request additional information; or
4. Continue the matter to a date certain; or
5. Decline to take action.
AUTHORITY
Charter of the City of Merced, Section 200.
CITY COUNCIL PRIORITIES
As provided for in the 2024-25 Adopted Budget.
DISCUSSION
City Council requested Staff to revise the City of Merced's ("City") fireworks ordinance (Merced Municipal Code Chapter 8.22) to impose tougher penalties, if possible. Ordinance sections related to the administrative penalties for each individual use of either dangerous fireworks or "safe and sane fireworks" in violation of the ordinance and added a section to include "fireworks host" strict liability to be imposed on a person in control of property who allows another to use fireworks on a property, or aids and abets a violation of the ordinance. This would apply, for example, when fireworks are used by a guest at a party held on another individual's property. Additionally, the format of the ordinance was revised to assist with readability and to make it internally consistent. Finally, we renumbered certain sections after inserting "Fireworks Host Lia...
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