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HomeMy WebLinkAboutResolution 2003-075 N.C.S. 04/07/2003.Resolution No.2003-075N.C.S. of the City of Petaluma, California FIREWORKS EDUCATION AND ENFORCEMENT WHEREAS, the City of Petaluma currently is one of over 228 communities throughout California, and one of five cities in Sonoma County (Santa Rosa, Rohnert Park, Petaluma, Sebastopol, and Cloverdale), that permit the sale, possession and use of State Fire Marshal- approved fireworks (statutorily known as Safe & Sane fireworks) each 4th of July; and, WHEREAS, the Office of the California State Fire Marshal has indicated that formal and informal incident reports from local fire departments throughout the state, and the anecdotal reports of elected representatives of local government throughout California, indicate that most California communities are encountering not only an increase in the amount of dangerous, illegal fireworks being sold and used in their communities, but these illegal devices appear to be more sophisticated and potentially more dangerous than items that have been seen in years past; and, WHEREAS, now, unlike in years past, some less-than-reputable, out-of-state companies are selling fireworks over the Internet to California residents and oftentimes, these out-of--state companies are shipping consumer firework devices that are legal in other states, but are illegal here in California; and, WHEREAS, the Office of the California State Fire Marshal is currently contemplating reactivating that office's Interstate Illegal Fireworks Task Force to help identify the sources of these illegal fireworks, track their chain of commerce here in California, and arrest and prosecute the violators; and, WHEREAS, a number of communities throughout California. have adopted "Zero Tolerance" enforcement and public education programs to deal with the growing use of illegal fireworks in their communities; and, Resolution No. 2003-075 N.C.S. WHEREAS, the track record of these "Zero Tolerance" enforcement and public education programs demonstrates that there has been a dramatic decrease in the total number of fires and losses caused by dangerous, illegal fireworks and without exception, both police and fire departments in these communities feel that it was not only the right direction, but the only direction to go; and, WHEREAS, these "Zero Tolerance" enforcement and public education programs have many consistent components, including dedicated patrols of police and/or fire department personnel exclusively assigned to seek out, cite and, if necessary, arrest those dealing in the sale and/or use of dangerous, illegal fireworks within their community; and,. WHEREAS, 2003 marks the second year of this highly successful, cooperative program; and, WHEREAS, representatives of the fire and police departments in the five cities in Sonoma County that permit the sale and use of state-approved fireworks each 4t" of July (including representatives from the Petaluma Fire Department) have met and concluded that they are beginning to see an unfortunate increase in the use and dangerous severity of the illegal fireworks in their communities; and, WHEREAS, these same public safety officials have concluded that a "Zero Tolerance" enforcement and public education program must be consistently implemented in as many of these five communities as is feasibly and financially possible; and, WHEREAS, the City Council of the City of Petaluma has considered these factors and the recommendations of their public safety personnel and have determined that it is in the best interest of the citizens of the City of Petaluma to institute such a "Zero Tolerance" enforcement and public education program; and, WHEREAS, such a "Zero Tolerance" enforcement and public education program is not expected to completely eliminate the public safety issues arising from illegal fireworks usage, the Resolution No. 2003-075 Page 2 ~. program is expected to greatly improve the public health and safety and make enforcement of fireworks laws more effective; and, WHEREAS, the fireworks wholesalers have agreed to advance the necessary funds on behalf of both themselves and the non-profit groups at the time of application for the booth permits. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Petaluma does hereby authorize the Petaluma Fire Department and Police Department to conduct enforcement patrols on or around the 4th of July and to enact a "Zero Tolerance" enforcement and public education effort in the City of Petaluma as it relates to the possession, use and sale of illegal fireworks and explosives and the misuse of state-approved fireworks within the City of Petaluma. BE IT FURTHER RESOLVED, that the Petaluma Fire Department and Police Department shall cooperate with the four other jurisdictions in Sonoma County (Rohnert Park, Santa Rosa, Sebastopol and Cloverdale) which permit the sale and use of state-approved fireworks in a coordinated "Zero Tolerance" enforcement and public education program within Sonoma County. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: 1 hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting ~ r on the ........7th............ day of ....... April ...................................... 20.Q3., by the `. ~ following vote: ••~"° ""• '^"""""""' ity Attorney AYES: Canevaro, Mayor Glass, Harris, Healy, Moynihan, Vice Mayor O'Brien, Torliatt NOES: None ABSENT: None ~' /' ~ . ATTEST: .. ... ~~~.1.4!.~,~.1 ........................................................... ....... .:l .............:.. ..... ..... .. ....................... City Clerk or Council File ................................... Res. No.......~~.Q~.:~.ZS.........N.C.S.