City of Stockton - File #: 16-2992

Date	Action By	Action	Result	Action Details	Meeting Details	Video
9/13/2016	City Council and Concurrent Authorities			Not available	Meeting details	Not available

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FIREWORKS

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RECOMMENDATION

None. Information only.

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Summary

The City’s municipal code allows for the sale and use of State Fire Marshal-designated safe and sane fireworks during specific days of the year (Attachment A). However, each year, near the July 4^th holiday, the City receives numerous complaints about the use of dangerous and illegal fireworks. City Council called for a special Council meeting to study options for reducing the use of illegal fireworks in Stockton.

DISCUSSION

Background

The federal government regulates fireworks but allows the states to enact their own, more stringent laws regulating fireworks. The State of California has a zero tolerance for the sale and use of illegal fireworks. Illegal fireworks consist of rockets, bottle rockets, roman candles, aerial shells, firecrackers and other types that explode, go into the air, or move on the ground in an uncontrollable manner. It is illegal to sell, transport, or use fireworks that do not carry the State Fire Marshal’s “Safe and Sane” seal, as well as possess or use any fireworks in a community where they are not permitted. Individual communities may allow for the use of safe and sane fireworks by adopting such regulations or codes. On May 4, 2010, the City Council adopted an ordinance amending the Stockton Municipal Code by revising Chapter 8.92 Fireworks authorizing the sale and use of safe and sane fireworks in the City. The cities of Lodi, Manteca, Tracy and Ripon also allow safe and sane fireworks. All types of fireworks are illegal in all other areas of San Joaquin County.

The City’s safe and sane program specifies the sales permit process, establishes fees to cover administrative and public safety costs, and limits the time the fireworks can be discharged. Only local non-profits are authorized to apply for a sales permit. Permits are issued to 30 non-profits each year by lottery. In 2015, the last year we have complete data, the non-profit organizations generated net profits from fireworks sales totaling $305,000, ranging from $900 on the low end and $22,000 on the high end. The net profits are what the non-profits make after paying for the fireworks and the City fees.

Each year, near the July 4^th holiday, the Police and Fire Departments put together an Illegal Fireworks Task Force. The City of Stockton Illegal Fireworks Task Force is a collaboration between the Police and Fire Departments. For a total of five nights, between four and six two-person teams patrol the community looking for illegal fireworks activity. This year, the task force issued 15 citations, seized approximately 800 pounds of illegal fireworks, and handled 182 calls for service. In addition to the calls for service actually handled by the task force, the City received hundreds of other calls related to fireworks. Also, the Police Department seized an additional 500 pounds of illegal fireworks on June 30, 2016, in addition to the approximate 800 pounds of illegal fireworks seized by the task force.

On July 12, 2016, your Council approved a motion requesting to have a study session on illegal fireworks. This report provides options to consider aimed at reducing the use of illegal fireworks.

Present Situation

Many cities in California are struggling with the proliferation of illegal fireworks. Opponents of fireworks say they cause noise pollution and are a hazard to the community including veterans with post-traumatic stress disorder, children, especially those with special needs, and pets. Because of the danger of fireworks, a permit and setup inspection is required and a fire inspector or an engine company, depending on the size and duration of the show, is required to be present during fireworks displays. The seasonal enforcement also puts a strain on police and fire departments already stretched thin. Staff have conducted extensive research into what cities are doing to reduce the use of illegal and dangerous fireworks. We have found many ideas, but have little information about their effectiveness due to lack of multi-year data, variances in programs, etc.

Below is a list of options that can be considered by Council:

Ban the sale and use of safe and sane fireworks in the City

Many people believe authorizing the sale and use of safe and sane fireworks increases the use of illegal fireworks. Safe and sane fireworks are being used all over the City and most illegal fireworks are mixed in with the safe and sane. We have no evidence that illegal fireworks are used any more or less in communities that have authorized the sale and use of safe and sane fireworks. Our Police and Fire Departments have indicated that enforcement would be much easier if all fireworks were illegal again in Stockton. Banning the use and sale of safe and sane fireworks would require a simple change to the municipal code. Other cities that have considered this have support from residents concerned about those sensitive to noise and those concerned about fireworks discharged near them consisting of illegal and safe and sane fireworks. Those typically opposing the ban are the local non-profits that are concerned about limited alternatives for raising funds and the fireworks manufacturers.

Increase the fines or penalties for using or possessing illegal fireworks

Many cities are increasing the fines that are assessed to those caught using or possessing illegal fireworks. A violation of Stockton’s municipal code is a misdemeanor punishable by a fine of $250 for the first violation, $500 for the second violation and $1,000 for any subsequent violation in any 12-month period. It could also carry a jail sentence of up to six months. Prosecution would be by the City Attorney. Many cities have the first violation set at $1,000. In the City of Oakland, penalties for the possession of large quantities of fireworks include fines ranging from $5,000 to $10,000.

These fines are often difficult to assess. The City often learns of the use of illegal fireworks after they have been discharged. Unless Police or the task force catch people in the act or still in possession, we have no way of assessing the fine. Collection of the fine often requires pursuing through small claims court.

Possession and use of illegal fireworks is also a violation of state law. Many of the violations would be considered misdemeanors punishable by a fine of $500 to $1,000 and up to a year in the county jail. Sale of fireworks to minors or possession of large amounts of dangerous fireworks carry stiffer penalties of up to $50,000. These would be prosecuted by the District Attorney.

With regard to controlling the entry of illegal fireworks from the state border, although the California Highway Patrol (CHP) often has a marked patrol vehicle present, they do not staff nor control California’s state border checkpoints. Those are instead staffed and controlled by the California Department of Food and Agriculture (DFA). Neither the DFA nor CHP proactively screen for illegal fireworks at the border entry points. It is, however, a federal offense to transport fireworks across state lines into a state where they are prohibited (18 U.S. Code, Section 836). The same federal code section applies to shipping/mailing fireworks into the state. The U.S. Postal Inspection Service has jurisdiction over items mailed across state lines, and enforcement occurs if/when violations are discovered.

At the local level, imposing stiffer penalties could be considered and easily implemented with a change to the Municipal Code. Following through with prosecution of state law violations could help reduce illegal fireworks, but it is important to remember that this will take time away from prosecuting other crimes in the City.

Develop an extensive public education campaign

Some cities in California have begun printing and distributing yard signs. These yard signs indicate that the residence is an “illegal fireworks-free zone.” These signs show what the fine is and provide a phone number for reporting illegal fireworks. The City of Rialto issues their signs well before the holiday hoping to reach people before they even purchase illegal fireworks. The theory is that once people make the investment, they are more likely to use them. These signs serve as a reminder that dangerous fireworks are illegal, that they will be reported, and that they will be fined. Rialto staff indicate that in neighborhoods where few homeowners have participated, the impact of the signs is negligible, but in neighborhoods where the majority of the neighbors took part, they saw a peer pressure impact that was helpful. The signs cost less than 50 cents per unit and are funded by fines from the previous year. This was Rialto’s third year of the program and they are finding that some residents save their signs and reuse them.

The City of Stockton could also consider developing a flyer that can be distributed to schools, local businesses and throughout neighborhoods with known issues. Below are examples from Costa Mesa, Los Angeles, Long Beach and Downey (some allow safe and sane, some do not):

Many cities produce public service announcements (PSAs) discussing the laws and risks related to fireworks. PSAs could be produced that can be shown on the web, Channel 97 and other media. City staff can design and produce a public education campaign with any of these components. Funding would need to be identified for materials and staff time.

Consider the use of ShotSpotter or drones to help detect the use of illegal fireworks

The use of ShotSpotter would be very limited. It could detect certain types of firework activity, but only in a limited geographic area.

The City of Rialto tested drones this past July 4^th. They used them to pinpoint locations where illegal fireworks were being used and to let ground crews know where to go. The drone operator must be careful to stay out of the way of the fireworks or the drone could be damaged. The drones are limited to battery time and training of drone pilots. The costs of a drone program would include the equipment costs, federal permits, staff time and pilot training.

Added enforcement

Each year, the Fire and Police Departments form an enforcement task force. Each year the task force has more complaints that it can follow up on. An expansion of the task force would increase the City’s ability to follow up on complaints. The task force in 2016 had an estimated cost of $50,000. City fees generated from the sale of safe and sane fireworks cover approximately half this cost (total revenue generated in 2016 was $26,085). Expanding the personnel and enforcement period could be considered. Funding would need to be identified and redirected for this purpose.

City sponsored fireworks

Many cities host a citywide fireworks display. These not only celebrate the holiday but many cities hope that they’ll provide an alternative to people tempted to use illegal fireworks. This year, the City provided funding to help the Stockton Ports expand their July 4^th fireworks display. Weber Point was also opened to allow for residents to view the fireworks from there. The City spent $21,000 on this event. We estimate that 6,000 people attended the free event inside Weber Point and another 3,000 in the surrounding area. Many stayed outside of Weber Point due to the security restrictions inside including no bottles and no fireworks of any kind. The Council could consider either expanding this event to attract more people in hopes that they would choose this activity instead of illegal fireworks. Council could also choose to eliminate the funding for the fireworks show expansion and redirect these funds into expanded enforcement or public education.

It is important to remember that if the Stockton Ports did not have a fireworks display and the City were to have our own the costs would be much higher. In the past, the City would spend approximately $135,000 annually on a large July 4^th event with fireworks. Additionally, the size and activity of the crowd outside Weber Point are creating increasing security concerns for the Police Department.

Publication of offenders

Another option to consider is publishing the names of offenders. This may prevent others from using illegal fireworks. If Police had a particularly large enforcement operation prior to the holiday, this information could be shared with the media highlighting an aggressive stance on enforcement.

Conclusion

This is an issue that cities through California are concerned with. Dangerous fireworks that are illegal in California are legal in many other states making them easy to obtain through internet sales, through sites like Craigslist, through the mail or by driving across state lines. Council has numerous options to consider.

FINANCIAL SUMMARY

Staff will develop budget estimates based on Council direction.

Attachment A - Stockton Municipal Code Chapter 8.92 Fireworks