Report Prepared by: Craig J. Cornwell, City Attorney
Title
SUBJECT: Second Reading and Final Adoption of an Ordinance Amending Chapter 8.22 to Add Fireworks Host Liability and Enforce Stricter Penalties
REPORT IN BRIEF
Second reading and final adoption Ordinance amending Chapter 8.22 to Fireworks Host Liability and enforce stricter penalties.
RECOMMENDATION
City Council - Adopt a motion adopting an Ordinance 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.
Body
ALTERNATIVES
1. Adopt 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 act.
AUTHORITY
Charter of the City of Merced, Section 200.
CITY COUNCIL PRIORITIES
As provided for in the 2023-24 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" liability to be imposed on a person in control of property violation(s) of this ordinance occurs. 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 Liability" section.
Ordinance 2570 was introduced to Council during their October 21, 2024, meeting. Council discussed the Ordinance in depth and approved the introduction.
At the Novembe...
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