San Jose Ca.Gov
File #: 21-1020    Version: 1
Type: Public Safety Status: Agenda Ready
File created: 4/26/2021 In control: City Council
On agenda: 5/11/2021 Final action:
Title: Amendment to Title 10 (Social Host Ordinance) and to 2020-2021 Schedule of Fees and Charges for Illegal Fireworks.
Attachments: 1. Memorandum, 2. Ordinance, 3. Resolution, 4. Memorandum from Esparza, 5/10/2021, 5. Presentation - 15 minutes

...Title

Amendment to Title 10 (Social Host Ordinance) and to 2020-2021 Schedule of Fees and Charges for Illegal Fireworks.

...Recommendations

(a) Approve an ordinance amending Chapter 10.17 of Title 10 of the City of San Joseì Municipal Code to:

 (1) Add Sections 10.17.060 and 10.17.070 to define Social Host and Strictly Liable;

 (2) Amend Section 10.17.030 to define private and public property;

 (3) Amend Section 10.17.100 to impose strict liability on social hosts for fireworks violations at their property and/or gatherings; 

 (4) Add Section 10.17.130 to provide a billing mechanism for charging responsible parties for emergency response costs associated with fireworks violations; and

 (5) Add Section 10.17.140 to include an administrative appeal procedure for recipients to dispute the imposition or amount of a response charge.

(b) Adopt a resolution amending the 2020-2021 Schedule of Fees and Charges (Resolution No. 72737, as amended) to establish response charges for emergency responses related to fireworks violations.

CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Fire/Police/City Manager)