Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Supervisor Warren Slocum, District 4
Sheriff Christina Corpus
Subject: Ordinance Amending Chapter 5.28 of the Ordinance Code
RECOMMENDATION:
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Adopt an ordinance amending Chapter 5.28 of the County's Ordinance Code, known as the San Mateo County Fireworks Ordinance ("Fireworks Ordinance"), previously introduced on April 11, 2023, and waive the reading of the ordinance in its entirety.
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BACKGROUND:
The Fireworks Ordinance bans the possession, storage, sale, use, and/or explosion of all fireworks in the unincorporated areas of the County, except where authorized by permit. The enforcement provisions were comprehensively revised in May 2021 (Ordinance No. 4846) to (i) impose strict liability upon those with the care, custody, or control of a minor who violates the Fireworks Ordinance and upon social hosts where a violation occurs on their property; (ii) increase administrative fines for each violation and to make violations involving specified harm to persons and/or property a misdemeanor; (iii) hold those with multiple violations in any 12-month period responsible for the County's costs of responding to such violations; and (iv) update provisions setting forth appeal rights and procedures, and the County's ability to collect outstanding fines and costs for violations. Nevertheless, residents of unincorporated areas continue to report ongoing problems with unpermitted fireworks, including fireworks discharged from moving vehicles. These unpermitted fireworks discharges are most problematic around the Fourth of July holiday, but pose concerns year-round as well.
A. Injuries and Property Damage
According to statistics published by the United States Consumer Product Safety Commission, in 2021, the most recent year for which statistics are available, there were an estimated 11,500 injuries caused by fireworks throughout the Unite...
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