Loading...
HomeMy WebLinkAboutResolution 2002-065 N.C.S. 04/15/2002 resolution No. 20o2-o6sN.C.S. of the City of Petaluma, California RESOLUTION AUTHORIZING IMPLEMENTATION OF A "ZERO TOLERANCE" ENFORCEMENT AND PUBLIC EDUCATION PROGRAM TO ADDRESS FIREWORKS RELATED ISSUES 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 4`" 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 often, 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 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 in which 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 Resolution No. ~962-6G~ N.C.S. and/or use of dangerous, illegal fireworks within their community; same-day arraignments of all illegal fireworks violators in the same Superior Court chamber; and a strict adherence to tough disposition%sentencing guidelines, along with ahigh-visibility media and publication efforts; and WHEREAS, pursuant to a unanimous resolution of the State Board of Fire Service on February 6, 1991, for over eleven years, American Promotional Events, the state's leading distributor of state-approved fireworks (Freedom, Red Devil and TNT firework brands) has assisted, coordinated and in large part, underwritten an aggressive, coordinated statewide safety and education effort between local fire departments, the state-approved fireworks industry, over 1,000 schools, and the almost 3,500 non-profit organizations that sell state-approved fireworks in California each 4~" of July as their primary fundraising mechanism; and WHEREAS, 2002 marks the 12t" 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. there is an unfortunate increase in the use and dangerous severity of 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, both California State Fire Marshal-licensed wholesalers of state-approved fireworks who serve the non-profit organizations in the City of Petaluma [American Promotional Events, Inc. (Freedom, Red Devil and TNT fireworks) and Phantom Fireworks] have committed that they, along with the non-profit organizations which they serve, will assist with the $11,723.00 in dollars and services needed to underwrite such a "Zero Tolerance" enforcement and public education program (please see attached letters); 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, while 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 program is expected to greatly improve the public health and safety and make enforcement of fireworks laws more effective; and Resolution 2002-065 N.C.S. WHEREAS, the City of Petaluma Police and Fire Departments have apprised the City Council that they have sufficient personnel and resources to deliver a meaningful "Zero Tolerance" enforcement and public education program that will be largely underwritten by the fireworks wholesalers and non-profit organizations; 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 City of Petaluma Police and Fire Departments to conduct enforcement patrols on or around the 4`h 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 IS FURTHER RESOLVED, that the City of Petaluma Police and Fire Departments shall cooperate with the four other jurisdictions in Sonoma County (Rohnert Park, Santa Rosa, Sebastopol and Cloverdale) that permit the sale and use of state-approved fireworks in a coordinated "Zero Tolerance" enforcement and public education program within Sonoma County; and BE IT IS FURTHER RESOLVED, that City of Petaluma Police and Fire Departments shall engage in appropriate data collection on the problem, including, but not limited to, the type, amount and variety of illegal devices used; the location and extent of that use.; the source of those illegal devices; the age, gender and other demographics of the violators; the damages and/or injuries caused by the use of the illegal devices.; etc.; and prepare a report so that the Council can evaluate and measure the performance and success of the program as well as hear the Police and Fire Departments' recommendations on any changes, adjustments or corrections to this effort. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the roved as to Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting fo~~~ on the .........l.5tb.......... day of ........f~lzfJ.~ 20.QZ., by the following vote: ~ •••••••••••••y•••••• i Attorne AYES: Cader-Thompson, Vice Mayor Healy, Maguire, Moynihan, O'Brien, Mayor Thompson, Torliatt NOES: None ABSENT: None . ATTEST: ~ City Clerk ` Mayor Council File Res. No.......2Q02-Q~$._._...N.CS.