This ballot measure proposes a change to the City of Duarte’s regulation of fireworks. It proposes a ban on all sales and use of fireworks, including “safe and sane” fireworks. The only exception would be when such fireworks discharge is part of a public display, which is subject to a permit. A “yes” vote is a vote in favor of the ban, and a vote to change the City’s current fireworks rules. A “no” vote is a vote against the ban, and a vote to leave intact the existing fireworks regulations.
Currently, the Duarte Municipal Code permits the use and discharge of “safe and sane” fireworks only on July 4th, between the hours of noon and eleven p.m. Even on that date, any discharge north of Royal Oaks Drive (except specially designated areas within Royal Oaks Park) remains unlawful. In addition, the City issues up to five licenses to charitable “fraternal organizations” (as defined) for sale of fireworks pursuant to a specified application procedure. All licensees must agree to use their profits for youth activities, at which at least seventy five percent of the participating youth are from Duarte.
This ballot measure would remove the entire current licensing application and issuance procedure, effectively making the sale of fireworks of any kind, by fraternal organizations or anyone, illegal in Duarte. It would also enact a city-wide ban on the use and discharge of fireworks in the City, on any day, in any location. The sole exception would be for public fireworks displays, subject to permits under the discretion of the fire chief. The ballot measure also removes the current ability of City Council to waive the one hundred dollar fee for such public displays for “fraternal organizations,” so that anyone seeking to conduct a public display, regardless of their status, would have to pay the fee.
Under the existing Duarte Municipal code, violations of the fireworks sale and discharge regulations is subject to a one thousand dollar ($1,000.00) administrative fine, and violation of all other fireworks regulations are subject to fines of two hundred fifty dollars ($250.00) for the first offense, and five hundred dollars ($500.00) for all subsequent violations. This ballot measure provides for a one thousand dollar ($1,000.00) administrative fine for any fireworks-related offense, and retains the current law’s ability to cite violators with criminal misdemeanor violations.
A copy of the full ordinance, which shows all the wording changes from existing law proposed by the ballot measure, is available by mail and upon request from the City Clerk at City Hall by calling 626-357-7931, or can be reviewed by accessing the City’s website at www.accessduarte.com.
