HomeMy WebLinkAboutORDINANCES - 06082021 - 2021-19 (2)RECOMMENDATION(S):
ADOPT Ordinance No. 2021-19, regulating the possession, manufacture, sale, use, and
discharge of fireworks in the unincorporated areas of the County.
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.
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
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 06/08/2021 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: June 8, 2021
Monica Nino, County Administrator and Clerk of the Board of Supervisors
By: Wendy Mascitto, Deputy
cc:
C. 19
To:Board of Supervisors
From:Diane Burgis, District III Supervisor
Date:June 8, 2021
Contra
Costa
County
Subject:ADOPT Ordinance No. 2021-19, regulating the possession, manufacture, sale, use, and discharge of
fireworks in the unincorporated areas of the County.
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:
BACKGROUND: (CONT'D)
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.
1.
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.
2.
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.
ATTACHMENTS
Letter of Support - Town of Discovery Bay
Ordinance No. 2021-19 final
Ordinance No. 2021-19