HomeMy WebLinkAboutStaff Report 4.A 6/17/2013 A ge ti Itevw#4A
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1856.'.
DATE: June 17,2013
TO: Honorable Mayor and Members of the City Council
FROM: John C. Brown, City Manage
SUBJECT: Discussion and Possible Direction Regarding Changes to the Municipal Code to
Add an Additional"Day:of Fireworks Sales
RECOMMENDATION
It is recommended that the&City Council provide direction regarding changes to the Municipal
Code to add an additional day of sales for Fourth of July fireworks.
BACKGROUND.
In July, 2008, the City Council requested changes to the provision$of the Petaluma Municipal
Code which modify the State Fire Code, relating to fireworks. The?changes were requested in
response to,concerns,at that timeaboutwild land fires caused by fireworks. Recommendations.
were developed by the Fireworks Task Force, which included Industry representatives, staff in
the Fire Marshall's Office, and representatives•of the organizations participating in fireworks
sales. The;changes recommended by the Task Force and adopted'by the City Council reduced
the number of days fireworks may be sold froth 6.5 to 4 days annually, reduced permitted
discharge days from 6.5 (lags Id 1 day, the'4`hof July, and were effective with the 2009.season.
The,majority of organizations:engaged,in fireworks sales were non-profits, although a very
limited:number were private,for=profit operators. 2010 was last year private for-profit
organizations were allowed to sell fireworks. All booth operators since that time, and for the
2013 season, are non-profit organizations engaged in fund-raising:
Non-profit representatives appeared beforer:Council'in 2011 andh2012•to request an additional
sale;day. They sought consistency with the City of Rohnert Park where fireworks may be sold
for five days annually! They raised concerns With the disparity in the number of sales days
allowed between Petaluma:and Rofinert Park, and contend that Petaluma'non-profits.are losing
business because some buyers will travel to Rohnert Park to purchase one day sooner, and
purchase the bulk of their.fireworks there, at that time.
In 2012,some members of the Council showed,interest in increasing the number'of sales days to
five. Fire staff prepared:a.report,to address the financial disadvantage of four days±of sales, and
to provide the Council with a timeline for amending the Municipal Code associated with the
State Fire Code (Attachment 1). Staff was unable to document lost sales, having found no
Agenda Revie r
City Attorney v/ ( Finance Director CityManager trrP` T
supportingedata. Staff also'provideda,code amendment timeline thatrequired;;among other
steps, a period of approximately 60,days required from,public;notice to•Ordinance changes
becoming effective. Staff also indicated,an effort:was'underway with the Sonoma County Fire
Chiefs Association(SCFCA) to review fireworks sales and use on a county-wide basis, and
recommended the Council take no action until that work was completed in 2013. Staff further
indicated comprehensive Fire Code revisions would be developed,in 2013 and suggested that if
the Council wished to add an;additional day of sales it could be addressed in those revisions.
Code revisions are scheduledto come to the CityCouncil-in October,2013. The Council took
no action,.based on a"straw vote'. The matter was subsequently taken by Petaluma to the
SonomaCounty Mayors and Council Member Association to-request the SCFCA review
countywide fireworks.sales-and use in those cities where it is:allowed,;and provide
recommendations for desirable changes. It is expected these recommendations.would be
incorporated in the-2013 comprehensive review.
DISCUSSION
At your June.3,:2013 meeting,:a:McDowell Drug Task Force:representative requested the
Council add an additional allowable day of fireworks sales,again:citing.the competitive
disadvantage of Petaluma non-profits to those operating one day earlier in Rohnert Park.
Although Council members expressed adifference of opinion regarding`the need to add an
additional day of sales, the-majority of the Council did agree to add an agenda item to the June
17, 2013 meeting agenda to consider the request.
Petaluma adopted the State Fire Code, by reference,.intits Municipal Code. The City has
traditionally adopted the provisions of the California.Building Standards Code, including the Fire
Code, according to the procedures detailed in Government Code section 50020 and following for
adopting codes by reference. Under that process, after the first reading of the local ordinance to
be adopted and the codes;adopted by reference:in the ordinance,a public hearing is scheduled of
which published notice is given by two publications over a two-, week period. The ordinances
can then be adopted following:theenoticed heating. Following theexpiration of the 30-day
referendum period the ordinance takes effect. The statutes governing,adoption of codes by
reference also provide thattcodes`that are requited or permitted to be adopted as part of
compliance with state law can be adopted without following.the special notice procedure. This
exception permits adopting the;uniform codes without published notice. Regardless, however,
with,or-without the 14 day published notice period, there is insufficient time for`introduction and
adoptionof a regular;ordinance permitting an additional day of fireworks-sales in time for 2013
fireworks sales. It'appears-the only way the Council could amend'its`fireworks`legislation to
permit five days of sales in 2013. would be to adoptssuch an amendment at a special meeting
Prior to June 30, 2013`based on findings of fact supporting-that an urgency ordinance is
necessary for the iininediate preservation.for the public peace, health or safety. Such an
ordinance would takeimmediate effect, but would require.the unanimous approval of those
members of the City Council present.
This matter was°:agendized to,allow the Council to consider the McDowell Drug Task Force
request. If the Council's pleasure is to add a day of sales; beginning with the 2013 season,
direction will need to be given to Staff to prepare the necessary urgency legiSlation:and to
schedule`a special meetingat:which that legislation:canbe con"siddered. The Council Chambers is
available on June 24,2013. If it is the Council's pleasure to add a day of sales beginning with
the 2014 season, two options appearravailable: waitto address thechanges as part.ofthe overall
Fire Code'amendments for 2013, which will be coordinated with other Sonoma County Fire
agencies; or initiate the,amendment;process for just this one matter ahead of the comprehensive
review.
FINANCIAL IMPACTS
In 2012 staff estimated.the cost of a code amendment, following the process provided in
Government Code Section 50020, at $9,000. That estimate'was not updated for this report, nor
were estimates developed for the alternatives to that process that are presented in this report.
Costs for either of the other options, an urgency ordinance or an amendment prepared
independent from the comprehensive review, should be less than!$9,000, as publication costs for
two public notices would not be incurred. If either of these actions.is completed prior to the
2013 comprehensive review,:however, the total costs of two actions, the one taken prior to the
comprehensive review and the comprehensive review itself, would exceed the $9,000 estimate
depending on the process(es)followed.
ATTACHMENTS
1. Staff report,from January 9,'2012 Council meeting
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ATTACHMENT 1
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DATE: January 9,2012
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Larry B. Anderson, Fire Chief and Cary D. Fergus, Fire Marshal
SUBJECT: New Business Staff Report: Fireworks-Addition of Sales Day Review
RECOMMENDATION:
It is recommended that the City Council receive this report and take no further action at this time.
BACKGROUND:
This report was requested by the City'Council and reviews information pertaining to a possible
change in the number of days'fireworks may be sold (from 4 to 5): It also provides information
regarding enforcement, number of booths and-fees associated°with fireworks.
DISCUSSION:
After the Department's review''of all the available information, it is-recommended that the City
Council not modify Petaluma.Municipal Code (PMC) Chapter 17.20 to allow an additional day
Of sales, at this time, for the following reasons:
Preliminary information indicates there is no financial disadvantage to Petaluma's
firework sales days vs.;any other City's sales days.
, • The Mayor and Council Members' Association have asked the Sonoma County Fire
Chiefs Association^(SCFCA) to review fireworks sales and use in those cities where it is
allowed, and provide its recommendations for any desirable changes, including
standardizing the number of days during:which fireworks are sold. The SCFCA is not
'expected to 'provide that input in a timefrarne adequate to allow for changes to the
Petaluma Code-prior to the 2012 sales and use period. Therefore, staff believes the best
use of City resources would be to wait-until the next code adoption cycle in 2013 to make
any changes.
The Petaluma Fire Department also does not recommend increasing fees or modifying the City's
Current enforcement tactics. All these matters are discussed in greater detail below.
c�y:
Agenda Review:
City Attorney Finance Director City Manager
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Days of Sale:
Section 17.20.050 of the Petaluma Municipal Cod'econtains,Petaluma's local arnendments'to the
State Fire Code and added subsection 3310, "Fireworks". Section 3310 and the "July.4, 2011
Fireworks After-Action Report" (attached)provide the information and background used in
preparing this staff report. A.comparison of the hours of sales and use in other cities that sell
fireworks is summarized in the following chart:
Firework Days of Sales/Use in Sonoma County
CITY SALES INFO USE DATE & TIME INFO
4 days of sales: 1 day of use:
Cloverdale July l - July 4th July 4th: 11 a.m. to midnight
4 days of sales: 1 day of use:
Petaluma July, L - July 4th July 4th: 10 a.m: to 11 p.m.
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5 days;of sales: 5 days of use:
Rohnert Park June 30th—July 4th June 30th-July 4th: 8 a.m. to 10:30 p.m.
7 daysiof sales: 7 dais of use:
June 28`h- July 4th June 28th: 12:00 p.m. to 10 p.m.;
Sebastopol June 29th—July 3`a:,8 a.m. to 10 p.m.; l`
July 4th: 8 a.m. to midnight
Petaluma currently allows.four°(4) days of sales (July 1"through July 4th) and one (1) day of use.
It has been suggested that organizations selling fireworks in Rohnert Park have a competitive
advantage because they start fireworks sales one day: earlier (on June 30th) and have a total of
Ave (5) days of sales.
We have attempted to evaluate and compare whether there is a financial advantage to the extra
day of sales in Rohnert Park. Staff has',asked distributors TNT and Phantom to review sales
information and/or assess whether,Petaluma citizens are going to Rohnert Park to buy-fireworks.
TNT was not able to provide sales figures for Rohnert'Park because it was not mandated by_their
ordinance. Staff was, however, able to obtain sales numbers from Phantom for Rohnert 'Park
which shows Phantom's booths in Rohnert Park do about h as much business as Petaluma.
There is no documented information that Petaluma citizens travel to Rohnert Park to buy '
fireworks because they can do so one day earlier. It is possible this could happen when people
• shop at places like Costco.or'Target and, if convenient, may stop at a fireworks stand. We've
asked the Rohnert Park Fire•Marshal,;this'same question,.but he is unable to verify first day sales
figures.
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Other factors that influence sales include location; the economy, volunteer participation and
r booth advertising. On October 12, 200, the Fire Chief and Fire Marshal met with TNT and
Phantom Fireworks representatives to discuss some of these issues. When asked what they
found to be the most important factor of,fireworkrbooth success, all present indicated that it was
location.
With respect to sales in Petaluma; staff found that gross sales increased in 2011.
he following.are Petaluma'sgross and net sales•figures for 2010 and 2011, and a partial listing
of Rohnert.Park sales+for 2011:
2010 PETALUIVIA.FIREWORKSCDISTRIBUTOR FIGURES
GROSS NET
TNT: $288;334 $144,167
Phantom: $78,329.92 $39,164.96
TOTAL: $366;663.92 $183,331:96
2011 PETALUMA FIREWORKS,DISTRIBUTOR FIG URES
GROSS NET
TNT: $304;322 $152,161
Phantom: $67,893.28 $33,946.64
TOTAL: $372,215.28 $186,107,64
2011 ROHNERT PARK FIREWORKS DISTRIBUTOR FIGURES
GROSS NET
TNT: Not provided Not provided
Phantom: $361227.82 , S-18,113.64.
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If the City Council chooses;to add one additional fireworks sale day, the .City would have to
adopt a new local amendment'to the,Fire Code (as contained in,the Municipal Code) following
the same process and timeline as with the,2010 Code adoption. These changes cannot be made
administratively.
The Fire,Department does not recommend adding a fifth day ofpermitted fireworks sales. If the
Council 'chooses to add a day, however, the Fire Department can introduce, an ordinance
amendment on February 6, 2012. Introduction of an amendment on February 6th would allow
statutorily-required-publication-notice prior to adoption on February 27,'2012. The effective date
of an ordinance is:thirty (30) days after its adoption date, which w ill allow the Fire Prevention
Bureau sufficient time to>amend all fireworks booth permits and instructions prior to the 2012
season.
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Three ,(3) special features unique to the City of Petaluma should also be considered when
contemplating changes to the fireworks ordinance: the hi-Stone downtown; historic rTh
homes/neighborhoods; and the High Fire Hazard' Severity Zone (HFHSZ) located on the south
and west sides of Petaluma. If fireworks .were to start a fire in the downtown, Or in an historic
district, fighting that;fire is more difficult than if fire:ignites a modem structure. Many of these
historic structures were built using "balloon frame"-type,construction where a "chase way" runs
up the entire side of the wall without any fire blocking. This means that fire can literally run up
inside the wall into the attic and can present very difficult tactical firefighting challenges.
Nearby Rohnert Park does not have a Historic Downtown nor does-ithave.a significant number
of two-story Victorian structures 'with balloon frame construction. Rohnert Park also doesn't
have a large High Fire Hazard Severity Zone and wildland urban interface:area.
Enforcement:
During the 2011 After-Action Report presentation to Council', and in meetings with firework
distributors, concerns were expressed regarding enforcement efforts.in Petaluma. Petaluma is
the only City in Sonoma County to fund and run dedicated independent combined police/fire
enforcement teams. Rohnert Park pays for a Fire :Marshal and .staffing equal to two patrol
officers with collateral police duties. Petaluma has one team patrolling July 2", one team on
July 3rd, an d three teams on July 4`h. There is;;a zero tolerance`policy which is strictly enforced.
Anyone caught with illegal fireworks receives a citation; no warnings.are given. Over the past
twelve years, enforcement teams have been avisible deterrent and successful in moving illegal
fireworks activity off the streets and into the backyards.
It is Petaluma Fire's belief that adding,additional enforcement teams isn't a viable alternative. \_
Adding more teams may result in more citations; but the problem remains that, with
enforcement, more fireworks usage has moved into backyards. Enforcement teams cannot enter
backyards or houses without reasonable cause to believe a violation is taking place. In cases
where there is a party or large group of people in the backyard, additional police reinforcements
would be necessary. Manytiines, it is difficult to pinpoint the exact'baekyard, which also makes
enforcement difficult. Enforcement teams`have entered backyards in the past, but in the time it
takes to move through the house and crowd, the illegal fireworks have been hidden. Police and
Fire both have limited trained personnel andhave difficulty staffing even the current system.
Therefore, it would not be possible to staff additional teams evern'if there were additional funds
available. The manpower just isn't available.
Change in.theNumber of Allowed.Booths:
This issuethas been discussed as an option that might 'concentrate" sales and give those booths
that continue to operate the ability to make a larger profit. The Ordinance currently allows a
maximum of 22. booths. In 2011, 18 booths were operated by 15 non-profit groups. As
mentioned, location is 'a.big factor in non-profit success. Some booths.don't do as well simply
because they are located in an "out of the way" area. With in-fill development over the years,
there are ,fewer workable .locations. If the City Council chooses to go through the formal
amendment process to add an additional sales day, they may also'consider using the opportunity
to reduce the number of booths from 22 to 181(the number of booths that operated in 2011). If
the City Council decides not to add an additional sales day„ the Fire Department does not �.
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recommend amending the Fire Code simply to lower"!the:number of permitted sale booths. This
alternative issue hasn't directly been raised by distributors or booth operators and is only
mentioned as an example of how the Ordinance,can be:tweaked to possibly give booth operators
additionahrevenue. It can be re-visited during the 2013°amendment.
Fee Structure:
There has been limited discussion about changing the fee structure. The enforcement fee has
remained the same for the past 5 years at $692 per booth and seems to work for all parties. The
funds collected for enforcement and permitting is adequate to support current enforcement
activities. Increasing fees as a means of supporting additional enforcement will reduce the
income generated by non-profits which, to some degree, defeats the purpose of allowing
fireworks sales in the City, and is not recommended.
FINANCIAL IMPACT:
There are costs associated with amending Petaluma Municipal Code (PMC) Chapter 17.20. The
process requires writing an Agenda Report with Resolution for the Ordinance amendment in
addition to the actual re-write,oFPMC Chapter 17.20. A legal notice will also have to be written
for publication in the newspaper, as well as attendance at Council Meeting(s). Approximated
time estimated by Fire Prevention staff is roughly 56 hours, for a total'of$5,449:68 (36 hours by
the Fire Marshal @ $122.23/hour and 20 hours by the Secretary @ $52:47/hour). The City's
Legal Department estimates amending..the Ordinance probably wouldn't take more than 20 hours
of their time, or approximately $3,200. Accordingly, if the process goes smoothly with no
deviations, it appears amending the Ordinance wouldcost just under $9,000 of staff time Any
Unpredictable issues would possibly make this dollar amount.go up.
As a means of providing further;historical data, seasonal fees charged to each booth operator in
2010 and 2011 were:
2010: 20 booths spent,:approximately $905 each for alpennitto operate;($213) and enforcement
fees ($692), for a total of approximately $18,100. Police and Fire Department overtime
enforcement costs for the 2010. season came to $8,895.17 ($4;440.83 for Police and $4,454.34
for Fire).
2011: 1;81booths spent approximately$948 each for a'permit to operate ($256) and enforcement
fees ($692), for a total of approximately $17,064. Police and Fire Department overtime
enforcement costs for the•2.011 season came to $7,065.06 ($3,608.96 for Police and $3,456.10
for Fire).
ATTACHMENT(S)
1. July 4, 2011 After-Action Report
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JULY 4, 2011
FIREWORKS
L � i
AFTER-ACTION .:
REPORT
Prepared by:
F'
PetalumaYire Department
Fire Chief Larry B. Anderson
Fire Marshal Cary D.Fergus •
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I DATED: September 19,2011
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CITY OF PETALUMA, CALIFORNIA
SEPTEMBER 19„2011
CITY COUNCIL PRESENTATION f`
PETALUMA EIRE DEPARTMENT
JULY 4, 2011 FIREWORKS'AFTER-ACTION REPORT
SECTION`I
BACKGROUND •
In accordance with Petaluma Municipal Code, the Petaluma Fire Department is to provide two (2)
annual reports with regard to the Fireworks Season to the City Council. Specifically, according to
Section 3309.1.1 of Petaluma Municipal Code Section 17.20:050, the following reporting procedures are
required:
Historical Perspective Regarding,Firework Days of Sales/Use.
In August 2008, various members from the fireworks industry, local fire agencies, concerned citizens
and non-profits met to discuss reducing the number of sales and discharge days for the July 4, 2009
fireworks season. This was in response to people within the community and others who wanted an
outright ban on fireworks. Based on a review of available historic information, Rohnert Park, Petaluma,
Sebastopol and Cloverdale.,agreed to the "4/1" plan: four(4) days of sales and one (1) day of use.
By the time the Petaluma.Fireworks Ordinance was,completed (effective February 5, 2009), Rohnert
Park City Council changed their plan and allowed live ve (5) days of sales and five (5) days of use. \
Sebastopol decided to continue with their former schedule knowing they only were only allowing three —
(3,) groups to sell and, with no new permits being issued, could see their firework program "sunsetting"
in the not too distant future. .
The following chart summarizes the current days of sales and use for cities allowing fireworks:
CITY DATE /TIME INFO
Cloverdale 'July'4th (1 day ONLY): 11 am. until midnight
Petaluma July 4th (1 day ONLY): 10 a.m. until It p.m.
Rohnert Park June 30th -:July 4th:.8:00 a.m. until 10:30 p.m.
June 28th: 12:00 p.m. until,10:00 p.m.
Sebastopol June 29th–July 3`d: 8;00 am. until 10:00 p.m.;
July 4th: 8:00 a.m. until midnight
Reports to,Couneil:
a. On;arrannual basis,before June 15th of each calendar year, the Fire Department will prepare and
provide to the City Council an Education?and Enforcement Plan.
The Plan will include the following:
1. Education.and enforcement program to be implemented in a given year; (�.
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2. Other relevant information deemed necessary-by the-Fire.Marshal to,provide an overview of
the City's experience in fireworks enforcement relevant to that year's education and
;enforcement program.
b. By no later than the last ,day of September, annually, the Fire Marshal will provide to the City
Council.a Fireworks'A'ter-Action Report. The Report will include the-following:
' 1. An evaluation of the successor failure of the Education;and Enforcement Plan.
2. Relevant incident statistics for the period June 17th through July 16th.
A comprehensive, written Education and Enforcement Plan was distributed to all interested parties in
May, 201..-1 in advance of the 2011 Fireworks Season. This After-Action Report is intended to provide
an overall assessment/evaluation of the success or failure of the Education and Enforcement Plan. All
relevant incident statistics;for the.period June 17th through July 16thy'.201 1 will be provided as per the
above-referenced paragraph.
For the purposes of this Report; the following definition of "fireworks" is relevant in evaluating our
success this year:
• Safe and Sane: Fireworks;approved byithe Office of the:State Fire Marshal for sales and use
within the-State of California and as legally authorized by municipalities. These fireworks
generally remain in a motionless'position on the ground and emit showers of sparks.
• Illegal Fireworks:'These are,fireworks'not classified as Safe and Sane and are banned by State
law. Typically, these devices make very loud explosions,and/or fly through the air or across the
ground. It is a misdemeanor or felony to possess or discharge these fireworks anywhere in the
State of California.
This year's Enforcement;and:Education Plan was similar in format to previous years and was geared
towards targeting illegal fireworks use. .Education, engineering„and enforcement options (commonly
referred to as the "3E's") were utilized. Once again, our theme this year was:
** Don't Get°Burned - Steer Clear of Illegal Fireworks! **
Highlights of our"3E"approach are as follows:
Education
• Distribution'of fireworks'safety informational flyers to schools as provided by Distributor TNT;
• Utilization,of a movie short entitled "Don't Get Burned” which aired at the local theater during
the period of May 15,`.2011 thru July 15, 2011. 'It was expected to be viewed by approximately
112,000 people;
• Distribution of a letter;by mail to residents in the High Fire Hazard Severity Zone,("HFHSZ")
that NO`fireworksare allowed (approximately 1,988 Owner/Occupants were notified by this
letter mailed via USPS on June 15, 2011); and,
' • Utilization of the Hwy 1101 Auto Mall electronic billboard to flash the safety message of"Zero
Tolerance for Illegal Use".
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Engineering
• There were four (4) authorized firework sales days this season: July 1st through the 4'h;
(• Time of actual fireworks usage was limited to one day: July 4'11 only.,from 1.0:00 a.m. to 11:00 �
p.m.;
• It was made,unlawful.for minors under age of eighteen (18)"to use safe and sane fireworks;
• Limits were'established regarding the discharge of fireworks on properties other than one's own;
and,
• The HFHSZ map, allowable use areas, and messages,about not using illegal fireworks were
displayed in various formats at all eighteen (18) 2011 fireworks booths.
Enforcement
• The administrative citation process was utilizedto include $1,000 fines for illegal fireworks use
and graduated penalties of$250-$1,000 for the misuse of legal safe and sane fireworks; and,
• Enforcement Teams were fielded: one (1) two:person combined.Police and Fire enforcement
team on Saturday, July 2"d from 7:00 pm to 12:00 am;one (1) two-person combined Police and
Fire enforcement team on Sunday, July 3`d from 7:00 pm to 12:00 am; and three (3) two-person
Police and Fire enforcement teams on Monday,July-4th from 6:00 pm to 12:00 am.
Financial Impacts
• The cost of our July'4'h'program was funded by this year's two (2) fireworks
manufacturers/distributors(TNT and Phantom Fireworks) and by fees charged to each of the
booth operators. With eighteen (18) booths this%year'paying an enforcement fee of$692 each, r
fireworks operators provided,approximately $12,456.in funds, which covered the full cost of 1`
educational materials,;enforcement team overtime, administration costs,report cost, booth
inspections and regulation efforts.
Performance.Measurements
I • Implementation of the education campaign began in late May and ran through June;
• Community policing of known target neighborhoods was conducted during daylight hours on
July 2nd 3`d and 4th'and `After'Dark" enforcement teams were utilized to respond to calls for
service specifically related to fireworks use at night;
• The number of calls for service were tracked thru information obtained.from PD dispatch and
complaints'through'the Fire Marshal's Office;
• The.numbet.of administrative citations issued for "safe and.sane" fireworks misuse was tracked;
• The number-of administrative citations issued for illegal fireworks usage was,tracked; and,
• All statistics for the period June 17111 through,July 16th, 2011 are hereby reported to City Council
by way of this After-Action Report. The:primary purpose of the Report is to provide commentary
on'the 2011 Fireworks Education and Eriforcement:Program'ssuccess and/or:failure.
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SECTION IT
JULY A,201 f FIRE W ORKS'AFTER-ACTION REPORT
The following is the Fire Department'stassessment and/or comments of the relative success or failure of
each of the following categories during.2011:
Education
• This year our Department emphasized strict enforcement of the $1,000 fine, included utilization
of the Hwy 101.Auto Mall sign and the,cinema movie short "Don't Get Burned", and school
fireworks safety brochures provided by TNT. Fireworks,distributor TNT reported that they
delivered fireworks safety brochures to all Petaluma schools. We believe these efforts continue
to make an impaction children. We also continue to,believe'that limited days of sales and
allowing only one (1) day of actual use had a significant impact on reducing fire activity before
and after July 4'.h. As mentioned in the previoustsection, the "Don't Get Burned" cinema ad was
estimated to have reachedapproximately 112,000 people.
OUTCOME: Good success with the general population and children.
Engineering
• The Department had significantly reduced call volume and fewer fires prior to July 3`d and 4`h
We believe restrictedsales clays continues to be the difference and having to respond to fewer
fireworks-related calls:allowed our Departments limited resources to deal with other routine
emergency calls>more effectively when it would otherwise,have been stretched thin. (See the
following Fire.Activity Report and'Idistorical Data'tables below for detailed information.)
OUTCOME: Successful.
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Firework Booths
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• There were eighteen (18) permitted nonprofit sales•booths in Petaluma.this-year. Petaluma's
Firework Ordinance allows up to twenty-two (22)booths..Previous years have had between
eighteen (18) and twenty-one (21) sales boothsi All booths received inspections and were issued
operating permits. No violations were observed or reported.
OUTCOME: Compliance achieved; similar to previous years.
Pre-July 4`h Meetings/Special.Coincerns/Tactical Obiectives
• As in,previous years, meetings held prior to July 4'h which:involved Police,Fire, Parks, and
Fairgrounds"personnel in order,to identify areas%of responsibility, clarify overall objectives, and
develop,a comprehensive tactical plan. In addition, the Fire Marshal worked cooperatively with
the State Fire:Marshal.
OUTCOME:.Excellent coordination between agencies (Parks, Fire, Police, State).
High Fire Severity Hazard Zone
• A mass mailing was sent June 15, 2011 to approximately 1,988 owner/occupants located
within the HFSHZ. The list was comprised,of owners who may or may not reside at an address
located within the HFI-ISZ, as well as to,their tenants/renters should the owners reside at a
different location. This list included about twenty-six (26) City of Petaluma parcels as well.
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While.Wereceived a-few calls for service; we did not have any incidents ofnote, nor were any
citations issued,'within-the FIFHSZ. ('
OUTCOME: Successful; low to no fireworkslactivity^reported in this area. \_ \
Identified Problem Areas From Previous Years
• The Fairgrounds Parking Lot: Our goal again this year was to control fireworks usage in the
Fairgrounds parking'lot. Police,provided'both rhotorcycle,and.patrol staff in this area.
Enforcement teams were;!also assigned to this area:as their-initial assignment and then remained
present as long as theywere.needed. The Parks Department posted signs indicating that NO
FIREWORKS were allowed;;along with the $1,000 penalty amount. The effort to control the
Fairgrounds parking lot was again successful due'to a strong initial police showing and signage
from Parks (with the $1,000-fine signs serving asadditional deterrence). We were able to control
and eliminate 99% of fireworks activity'early on and this:allowed our combined police and fire
teams to be released to patrol other designatedineighborhoods. No citations were issued on
Fairgrounds property.
OUTCOME: Very.Successful;'low fireworks activity in this area.
• Targeting Problem Neighborhoods: hi the past certain neighborhoods have been identified as
having high illegal fireworks activity. This;year, there was no one single neighborhood
identified as having a "greater than normal" amount of illegal fireworks activity. However,
usage did occur.and:it was noted that many aerial-type fireworks were being,launched from
random.backyards which:made it difficult to pin-point exact locations: Enforcement teams
needed to beon`the move.
OUTCOME: Generally improved, with overall illegal activity noted to be slightly down. C
Enforcement Effort: Police/Fire Enforcement Teams..Statistics
There were a total of eighty (80) fireworks calls for service/complaints logged during the three (3)
evenings the enforcement Teams patrolled,(July>2"d ,,3rd; and 4'h). Theseserdiee'calls were recorded
citizen complaints by Police Dispatch in which a dispatch for service was sent to an enforcement team.
Ninety-nine percent (99%) of the complaints were.registered for illegal fireworks activity. Enforcement
teams were able to "catch" foul-J(4) individuals with illegal,fireworks and.four (4) $1,000 citations were
issued. There were no warnings or-citations issued:for.safe and sane fireworks usage.
The following breakdown of statistics was compiled for the July 4, 2011 reporting period:and also
includes the statistics from the previous year for comparison:
• June 16'h'through July 1st: Eleven (11) fireworks calls for service/complaints.No
enforcement teams were working, so calls were handled by police'officers. No citations were
issued. Last year there were seven (7) recorded:calls.
• July 2nd: Four(4) calls for service/complaints: One (1) enforcement team Was working from
7:00 pm to 12:00 am. No citations were issued. Last year there were eight(8) recorded calls.
• July 3rd: Fourteen'(14) calls for service/complaints. One (1) enforcement team was working
from 7`.00'pm to 12:00,am. No citations were issued. While most areas were fairly quiet there
was some.illegal activity noted. Last year there were twenty (20) recorded calls'.
•
• July 4`h: Forty-nine-(49) calls t for service/complaints. Three (3) enforcement teams were
working from'6:00 pin to I2;00'sam. There were four (4) $1,000 citations issued for illegal
fireworks (total amount cited equals $4,000). Last,year there were fifty-six (56) recorded calls:
• July 5th through July 15th:(Six(6) calls for service/complaints. No enforcement,teams were
working. No citations were issued: Last year,"there were nine (9) recorded calls.
The total police/fire overtime cost for staffing the enforcement teams was $8,895.17. This fee was paid
entirely by fireworks enforcement fees charged to the distributors and the individual booths.
OVERALL OUTCOME: Low to medium illegal fireworks activity; four (4) $1,000 citations.
FIRE INCIDENTS IN THE,CITY OF PETALUMA
JUNE 16 THROUGH JULY 17, 2011
The following small fires were attributed to safe and sane fireworks this year: By comparison, there was
one (1) fire last year attributed toillegal fireworks.
Date; Incident;#: Location i Typeroffire Cause
7/04/11 11-2448 30i.Lakeville Street Grass/Debris Confirmed safe &sane•
(Dairymen's Feed) Size: 20 ft by 40 ft
NOTE: Juveniles seen leaving,the scene; one (1) "smoke bomb" found by engine.crew.
7/04/11 11-2558 .1900 Rainer Circle Garbage can Confirmed safe & sane
(Sonoma Mountain Debris/outside hall
School)
NOTE: Juveniles are suspected;,one'(I) "ground bloom flower-type" firework found by crew. This fire
Was within an outside corridor next to,.offices. It is suspected the.following two,(2) fires may have been
caused by-improper disposal,of"fireworks but also could be due to juveniles with ignition materials
based on circumstances and time of day. The official cause for""each,however, is listed as undetermined:
Date Incident"#'• Location • Type:of fire -Cause
7/02/11. 11-2531 135 Keller Garbage can Undetermined; fireworks are
(Time 21:39) suspected
7/04/11 1;122559 1000-PBN Debris-fire Undetermined; fireworks are
(Time 23:10) suspected
During this reporting',period'there were'•also two (2)bark/median fires reported along Sonoma Mountain
Parkway, one (1) small fire=within a fireworks stand which was attributed to;improperly discarded
smoking materials (on:6/23/11),,one (1) dumpster/rubbish fire, and one (1) spontaneous combustion fire.
The exact cause of these.fires has been ruled as'undetermined" and likely not caused by fireworks but
have been included-for comparative purposes.
Fireworks 20.05 2006 2007 2008 2009 2010 2011
. Activity •
Calls fdi Service 171`(94 on' 151 (1112+ori 132(115) N/A 88 98 80
the 4th) the 4t)
C itations Issued 1 0(2 1 1 (1 8(no N/A 14 (no 5(no 4 (no
juveniles) juvenile) juveniles) juveniles) juveniles) juveniles)
Warnings Issued 18 11 14 N/A N/A 17 0
Total Overtime 52 78 84 N/A 72 N/A 66
Hours
Weight 40 lbs 45 lbs 40 lbs N/A 60 lbs 20 lbs 401bs
Confiscated .
i
I
1Responseto 2005 2006 2007 2008 2009 2010 2011
Fire Incidents
Grass Fires 5 11 10 N/A 6 0 4
D;umpster/Trash 3 3 4 N/A 3 0 -.. 4
Fires
Structure Fires 0 0 0 N/A 0 0 0
Other 1 5: 0 N/A 0 1 1
Fire Loss <$100 <$100 <$100 N/A <$100 <$250 <$100
I incident incident incident incident incident incident
Special Concerns/Illegal Fireworks Usage:
We continue to have individuals;from within Petaluma; as well:as non=residents, who use illegal
fireworks on both public and private.property. While there were no citations issued on July 2"d or 3`d,
there were four(4) citations issued on July 4, 2011. No-warnings were issued for illegal fireworks
usage. The four (4)people cited were males between the ages of 29:and 33 (two reside in Petaluma; two
' from outside Petaluma). This citation volume was fairly similar to 2010's total in which five (5)
. citations were issued.
I
Since the inception of our enforcement-program, it has been observed that individuals who choose to use
illegal fireworks are now more elusive and either fire mortar-type aerial rockets from the privacy of their
backyards or duck back and forth from.the driveway to a garage after illegal usage, thereby making
access, enforcement, and issuance of citations more difficult and challenging. There are also situations
where:safe and sane;type.fireworks activity will mask.the intermittent use of illegal fireworks. This
behavior is typically,displayed during larger block parties. All four (4) citations issued this year were
from open-viewed illegal.use at IylcNear Park. In summary, the enforcement have found it much
more difficult to observe and cite people using illegal fireworks and.it is this reason there continues to be
aidecreaseyin the number of citations The e fact that July 4th Tell on a Monday this year may also
have contributed to reduced;illegal fireworks activity.
. i�
.
,_,
OUTCOME::Similar'to.lastyear; illegal,use-of-fireworks in Petaluma and other areas continues:to
be a problem.'
Non-Profit,Overview -
There were eighteen (18) non=profit fireworks=booths operating in Petaluma in 2011. Three (3)of the
non-profit organizations ran two;(2) booths each Petaluma's Fireworks Ordinance specifies'that;the
money earned from non-profit booth;sales Shall "providerdirect and regular community services and
benefits to the residents of Petaluma".
To this:;end, the Department sentout letters to all of the non-profitibooth operators on July 25, 2011
requesting information on their gross and net sales for this season and requesting them to verify the
elements of their program to the current Fireworks'Ordinance. The deadline for submittal of this
information was.August 16,-2011. As of this time, the following twelve (12) groups have responded:
Athletic Edge, 579'h Engineering Battalion, Casa Grande Boosters, Eastside Free Will Church, Lokahi
Outrigger Canoe Club, McDowell Drug Task Force, North Bay Christian Academy, Pacific Empire
Chorus, Petaluma School of Ballet, Petaluma Panthers, Petaluma Valley Baptist Church, & Petaluma
Youth Lacrosse League. Responses ranged from the very detailed to minimal at best. The four (4)
remaining non-profit groups:that havefailed to respond to our request,for information in time to be
made part of this Report to the City Council•will be re-contacted. Those who fail to respond will not be
issued permits in 2012. •
2010 Fireworks'Dist'ributor'Eigures.
(included'for comparison only)'
GROSS NET
TNT: $288:334 $144,167 -
Phantom: $78,329:92 $39,964.96
C TOTAL: $366,663.92 $183,331.96
2011 Fireworks Distributor Figures
GROSS NET
TNT: $304,322 $152,161
Phantom: $67,893.28 $33,946.64
TOTAL: $372,215.28 $186,107.64
Summary Report on the Success or Failure of the Education and'Enforcement Plan
Thisas the third year of a fairly extensive:educational program and also the third year of our "reduced
sales and:use" days. Please refer to our"Fireworks Activity" spreadsheet on page t6.-It is evident that
the call volume for the past threeiyears is about:half of what it used to be before:reduced days and use
were in effect. In general, our educational efforts have been successful in reaching children and
Petaluma-residents. Both TNT and Phantom Fireworks•each contributed $600 to fund the movie short
"Don't Get Burned"which aired at the local cinema. Our program also receives enforcement fee
funding in;the.amount of$692 per booth:whichtessentially pays for enforcement team overtime and
administration:costs.
lit should also-be noted there was a large multi-buildingapartmentLfire in neighboring-,Rohnert Park (6930 Commerce)
which was attributed to illegal aerial-type fireworks: Rohnert Park also allows safe and sane fireworks. Petaluma's Truck
9351;:responded;and assisted with the fire•attack. Numerous families were displaced and the fire loss was estimated to be one
' million dollars. In all, eight units were,affected.
Some of the highlights of this year's efforts areas follows:
• We had an aggressive enforcement effort with teams working:each night from July 2nd through
July 4th. Fire activity was (four (4) small fires)than last year (which had only one;(1)
recorded fire), but there'was nocsignificant fire loss this year.
• One of the successes again this year was controlling fireworks activity in the Fairgrounds
parking lot. Pre-planning, signage and a strong enforcement effort in this area contributed to this
success.
• Illegal fireworks activity in.Petaluma continues to pose a significant fire risk to the community.
Some Petaluma residents and non-residents continue to use dangerous and illegal fireworks
within the City limits. The combination,of one•(1) day of use, four(4) days of sales and the fact
-
that July 41h occurred on a Monday contributed to fewer fires prior to July 4th which allowed the
police & fire enforcement teams an opportunity,to curb some of the illegal activity.
• This year, it should be noted that there were two (2) small fires attributed to safe and sane.
fireworks. It's likely two (2) additional small•fires were caused by the improper disposal of safe
and sane fireworks. his suspected juveniles were involved and some of these fires occurred on
days where only the sale of fireworks wds legal.
• Finally, almost all the small fires mentioned in,this Report occurred near a structure,but were
kept minimal by PFD suppression crews who responded quickly and aggressively. Year after
year, we depend on suppression crews to keep these inevitable yearly fires small. All fireworks
have the potential to start fires. We should count our community as lucky to have avoided any
significant fire loss again this year.
•
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