HomeMy WebLinkAboutMINUTES - 04171984 - 1.24 TO: BOARD OF SUPERVISORS
FROM: C. E. Dixon, Interim County Administrator Contra
Colla
DATE: April 11 , 1984 C qy
SUBJECT: Legislation: SB 2333 (Roberti )
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) $ BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position of support for $B. 2333.
BACKGROUND:
On April 10, 1984, at the recommendation of Supervisor Powers, a letter from
Senator Roberti relating to SB 2333 was referred to the County Administrator for
analysis and recommendation to the Board.
The California Legislature enacted a comprehensive State fireworks law as
Chapter 1109, Statutes of 1973. This law was amended by Chapter 104, Statutes of
1975, to specifically authorize cities and counties to prohibit or regulate the
use and discharge of fireworks. Contra Costa County, as well as a number of other
local jurisdictions, has prohibited the sale of fireworks for several years.
Recently, a court ruled that a San Jose ordinance banning the sale of fireworks
was in conflict with the State fireworks law and, therefore, invalid because the
law authorizes cities and counties to regulate the- use or discharge of fireworks,
but does not specifically authorize the regulation or prohibition of the sale of
fireworks.
Senator Roberti has, therefore, introduced SB 2333 which amends Section 12541 of
the Health and Safety Code to add "sale" to the authority of cities and counties
to regulate or prohibit the use or discharge of fireworks.
In view of the court decision, failure to enact SB 2333 as an urgency statute
would put Contra Costa County, as well as other local jurisdictions, .in. the
inconsistent position of being able to regulate the use or discharge of fireworks,
but not their sale. It would, therefore, be legal for people to buy fireworks
in the county, but not to set them off. Consolidated Fire Chief, Bill Maxfield,
notes that this would present an almost unenforceable situation for his staff.
Chief Maxfield urges the Board to support SB 2333, which is scheduled to be heard
in the Senate Local Government Committee on April 25,1984.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIG NATURES)
ACTION OF BOARD ON April > 1984 APPROVED AS RECOMMENDED OTHER
a® 077
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT _ _ ) 1 HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
County Administrator OF SUPERVISORS ON THE DATE SHOWN.
Chief Maxfield, Consolidated
CC: Fire District ATTESTED
Sheriff Rainey J.R. OL ON, COUNTY C ERK
Legislative Delegation; Senator Roberti ; AND EX OFFICIO CLERK OF THE BOARD
Senate Local. Govt. Committee
Msec/�-es BY � � DEPUTY