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CITY OF HERMOSA BEACH
ORDINANCE NO. ORD-24-1480U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, ADDING CHAPTER 8.42 TO THE
HERMOSA BEACH MUNICIPAL CODE PROHIBITING THE USE OF
FIREWORKS IN THE CITY AND AMENDING SECTION 1.10.040 OF THE
HERMOSA BEACH MUNICIPAL CODE TO MAKE VIOLATIONS OF CHAPTER
8.42 SUBJECT TO ADMINISTRATIVE CITATIONS, AND DETERMINE THE
URGENCY ORDINANCE IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. The use, possession, and/or sale of fireworks in the City of
Hermosa Beach creates a significant hazard to the personal safety and well-
being of the City’s residents and visitors. While the Hermosa Beach Municipal
Code and State law have existing prohibitions and rules on fireworks in the City,
enforcement and compliance is an ongoing challenge, particularly in and
around the 4th of July holiday. Thus, the City Council finds that there is a current
and immediate threat to the public peace, health, safety, and welfare posed by
the use, possession, and/or sale of fireworks in the City. In order to address this
serious public safety issue, the City Council desires to explicitly prohibit all kinds of
fireworks in the City, impose fine amounts that are designed to deter the
prohibited behavior.
SECTION 2. The adoption and implementation of the Ordinance is not a
project for purposes of CEQA in that it is a general policy prohibiting the use of
fireworks in the City, and even if it were a project, it would be exempt from the
requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because
it can be seen with certainty that there is no possibility that the City’s new HBMC
chapter will have a significant effect on the environment.
SECTION 3. The City Council finds the proposed code additions and
amendments are consistent with the City’s General Plan.
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SECTION 4. Chapter 8.42 (Fireworks) is added to Title 8 (Health and Safety)
of the Hermosa Beach Municipal Code to read as follows:
Chapter 8.42 Fireworks
8.42.010 Intent.
The provisions of this chapter are intended to prohibit the use of all fireworks in the
City, unless otherwise authorized by law, to provide for the safety and wellbeing
of the City’s residents and visitors and to reduce any threat of fire.
8.42.020 Prohibition of Fireworks throughout the City
A. No person shall possess, store, sell, or use any fireworks, including safe and
sane fireworks and dangerous fireworks anywhere in the City unless
authorized by law.
B. No person shall allow the sale or use of any firework, including safe and
sane fireworks and dangerous fireworks, on their property unless authorized
by law and except that:
1. No owner of private property or person with the legal right to occupy
the property shall be liable under this subdivision (B) for a violation of
this chapter on that property if the owner can demonstrate at the
time of such violation that the owner (i) had rented or leased the
property to another or (ii) was not present at the time of the violation.
C. For purposes of this section, “safe and sane fireworks” shall have the same
definition as specified in section 12529 of the California Health and Safety
Code or any successor provision thereto and “dangerous fireworks” shall
have the same definition as specified in section 12505 of the California
Health and Safety Code or any successor provision thereto.
8.42.030 Concurrent Authorities
This chapter is not the exclusive regulation for fireworks within the City. This chapter
shall supplement and be in addition to the other regulatory codes, statutes,
regulations and ordinances heretofore and hereinafter enacted by the City of
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Hermosa Beach, the State of California, or any other legal entity or agency having
jurisdiction. Where allowed by law, and as authorized by California Health and
Safety Code section 12541, this chapter supersedes any conflicting provision of
the City’s Fire Code.
8.42.030 Violations
In addition to any other penalty authorized by law, violations of this chapter are
subject to the administrative citations and penalties provisions in Chapter 1.10.
SECTION 5. Section 1.10.040 (Code violations subject to administrative
penalty procedures) of Chapter 1.10 (Administrative Citations and Penalties) of
Title 1 (General Provision) is amended to add the following code section to the
list of violations subject to the administrative penalty procedures and other
provisions of Chapter 1.10:
Chapter 8.42 (Fireworks)
SECTION 6. If any provision of this ordinance or its application to any person
or circumstance is held to be invalid, such invalidity has no effect on the other
provisions or applications of the ordinance that can be given effect without the
invalid provision or application, and to this extent, the provisions of this ordinance
are severable. The City Council declares that it would have adopted this
ordinance irrespective of the invalidity of any portion thereof.
SECTION 7. The City Clerk shall: certify to the passage and adoption of this
Ordinance; cause it to be entered into the City’s book of original ordinances;
make a note of the passage and adoption in the records of this meeting; and
shall cause this Ordinance to be published within 15 days after its passage, in
accordance with Government Code Section 36933 and in accordance with
California law.
SECTION 8. This Ordinance is an urgency ordinance for the immediate
preservation of the public peace, health, and safety within the meaning of
Government Code Section 36937(b); and therefore, shall be passed immediately
upon its introduction and shall become effective immediately upon its adoption
by the required 4/5 vote.
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PASSED, APPROVED and ADOPTED on this 25th day of June, 2024
AYES: Mayor Pro Tem Francois, Councilmembers Saemann, Detoy, and
Jackson
NOES: Mayor Massey
ABSTAIN: None
ABSENT: None
__________________________________________________________________
Mayor Justin Massey
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Myra Maravilla, Patrick Donegan,
City Clerk City Attorney
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Intro and Adopted:
06/25/2024
State of California )
County of Los Angeles )ss
City of Hermosa Beach )
June 26, 2024
Certification of Council Action
ORDINANCE NO. ORD-24-1480U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, ADDING CHAPTER 8.42 TO THE
HERMOSA BEACH MUNICIPAL CODE PROHIBITING THE USE OF
FIREWORKS IN THE CITY AND AMENDING SECTION 1.10.040 OF THE
HERMOSA BEACH MUNICIPAL CODE TO MAKE VIOLATIONS OF
CHAPTER 8.42 SUBJECT TO ADMINISTRATIVE CITATIONS, AND
DETERMINE THE URGENCY ORDINANCE IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
I, Myra Maravilla, City Clerk of the City of Hermosa Beach, California, do hereby
certify that the above and foregoing Urgency Ordinance No. ORD-24-1480U was
duly approved and adopted by the City Council of said City at its regular meeting
thereof held on the 25th day of June 2024 and passed by the following vote :
AYES: MAYOR PRO TEM FRANCOIS , COUNCILMEMBERS SAEMANN, DETOY,
and JACKSON
NOES: MAYOR MASSEY
ABSTAIN: NONE
ABSENT: NONE
_____________________________
Myra Maravilla,
City Clerk
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