TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS & RECREATION
SUBJECT
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Ordinance No. 2025-001 - Chapter 8.12 Fireworks.
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RECOMMENDATION
recommendation
Approve the Introduction of Ordinance No. 2025-001, to be read by number and title only, waiving further reading of the ordinance, amending Chapter 8.12 of the Chino Municipal Code (CMC) pertaining to fireworks.
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FISCAL IMPACT
No fiscal impact.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES
The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
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BACKGROUND
At the October 28, 2024 Community Services, Parks & Recreation Commission meeting, an investigation and hearing was conducted as required by the Chino Municipal Code (CMC) 8.12.200-Penalties, due to a booth operator violation of Section 8.12.110 of the Chino Municipal Code, which provides that: “Each stand must have an adult in attendance to sell or serve as “watchman” while fireworks are stored therein,” and the California Code of Regulations, Title 19, Chapter 6, Article 13, Section 991.1: “Retail licensee may store unsold stock in a place and manner approved by the Fire Authority having jurisdiction until stock is returned to the wholesaler.”
The investigation was prompted by a letter from the Chino Valley Fire District in which a Fire Inspector and San Bernadino County Sheriff's personnel discovered an unattended truck and trailer loaded with safe and sane packaged fireworks in an unincorporated area of Chino, where illegal fireworks were being used. Storage of the unsold fireworks in this manner was not approved by the Fire Authority, especially in an area where no fireworks, including safe and sane varieties, are allowed. This unattended storage on a public street was deemed unsafe and negligent. As a result of this violation, the booth operator is now ineligible to obtain a permit for selling fireworks for three years. After this period, they must enter a lottery for a permit (as per CMC Section 8.12.200-Penalties).
In light of the 2024 year violation, City staff and the Community Services, Parks & Recreation Commission Fireworks Review Sub-Committee began discussions to review the City of Chino's Retail Fireworks Permit Application and the related CMC.
ISSUES/ANALYSIS
Several meetings were held with the Fireworks Review Sub-Committee, which included Vice Chairperson Neal Jerry, Commissioners Jamie Aviles and Linda Takeuchi, along with staff from the Community Services, Parks & Recreation and Finance Departments and the Chino Valley Fire District Fire Marshal. The purpose of these meetings was to review the Retail Fireworks Permit Application and the CMC, with the intention of recommending changes to enhance community safety and prevent future incidents from occurring. The recommendations resulted in proposed changes to the CMC to prevent booth operators from removing and transporting their unsold stock from the fireworks stands.
The Fireworks Review Sub-Committee recommended changes to section 8.12.110 and 8.12.130 of the CMC. Section 8.12.110, Stands - Adults in charge of as a watchman, is being amended to strengthen the language related to the responsibility of a Watchman. Section 8.12.130, Removal of unsold stock and accompanying litter, is being amended to require the wholesaler to pick up the unsold fireworks stock by 5:00 p.m. on July 5. The CMC changes were presented to the Community Services, Parks & Recreation Commission at their regular meeting on Monday, January 27, 2025. The Commission approved the recommended changes with a vote of 4 in favor, 2 opposed, with one Commissioner absent.
The recommended changes to the Ordinance were presented to the City Council at the February 4, 2025 City Council meeting. The City Council provided direction and returned the item to staff for further review.
After meeting with the booth operators and fireworks wholesalers, the following revisions now require fireworks wholesalers to maintain a central location for fireworks drop off within the City of Chino from 9:00 p.m. on July 4th until 12:00 p.m. on July 5th.
Additional recommended adjustments include Section 8.12.180 - Wholesale permit, to affirm the fireworks wholesaler is to maintain a central location within the City of Chino for unsold fireworks stock drop off by the booth operators, starting at 9:00 p.m. on July 4 through 12:00 p.m. on July 5.
Upon approval of the introduction of Ordinance 2025-001, a second reading will be presented at the March 4, 2025 City Council meeting, and the ordinance will go into full force and effect 30 days thereafter.
Attachment - Ordinance 2025-001