HomeMy WebLinkAboutStaff Report 4.B 10/01/2018imrmrr..rrn
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DATE
October 1, 2018
TO: Honorable Mayor and Members of the City Council
FROM: John C. Brown, City Manager_—__,_k&
SUBJECT: Discussion and Possible Direction on a Ban on the Sales and Use of Fireworks in
Petaluma
RECOMMENDATION
It is recommended that the City Council discuss and provide direction, as appropriate, regarding
banning the sales and use of fireworks in Petaluma.
BACKGROUND
The subject of a ban on fireworks in Petaluma has come up repeatedly over at least the last 15
years. The public's concern with the fire dangers associated with fireworks use increase around
the 4th of July. The Council has heard public comment and received written correspondence on
an annual basis, and the matter has been agendized several times since August 2003. In 2003,
following a presentation on State approved fireworks, the City Council directed Fire staff to
evaluate several subject areas which included:
• Banning whistling type fireworks;
• Increasing fines and penalties for illegal or illegally modified fireworks;
• Enhancing public education efforts;
• Increasing enforcement; and
• Limiting sales and use to one day only.
A working group, consisting of Fire personnel, fireworks industry representatives, proponents,
opponents, and non-profit operators of fireworks stands met in 2003 to discuss possible changes
based on Council direction. Recommendations in all of these areas, with the exception of the
number of days of sale and use, were provided to and accepted by the City Council in January
2004. The working group did not reach consensus on a change, or provide a recommendation for
change in the number of sales and use days to the City Council, and the status quo of 6.5 days for
each was retained.
In 2008, after discussing options that included adopting an ordinance to ban fireworks in the
City, and placing the matter before the voters at the November 2008 elections, the City Council
asked that another working group be formed, to consider the same set of considerations that had
been reviewed in 2003. The group was also asl<ed to consider a phase out of "for-profit"
vendors, and restricting non -profits to only those providing Petaluma -specific benefits.
Fireworks industry representatives were motivated to maintain sales in Petaluma, and were
instrumental in reaching group consensus on recommendations that included:
• Reducing the number of days of sales from 6.5 to 4;
• Reducing the number of days of use from 6.5 to only on the 4t" of July;
• Improving enforcement and reporting protocols, including an annual enforcement plan
and after -action report;
• Expanding the education campaign;
• Phasing out "for profit" booths, with a July 2010 deadline;
• Tightening the definition of non -profits, and establishing limitations on the re -issuance of
future permits.
The City Council adopted these changes, which are discussed in greater detail in Attachment 1.
The Council also capped the number of permitted booths at 22, including the two for-profit
booths with the July 2010 sunset.
Non-profit representatives appeared before the Council in 2011, 2012, and 2013, to request an
additional day of fireworks sales, citing the competitive disadvantage they faced because they
were allowed one less day of sales than Rohnert Park vendors. The loss of revenue because of
the one -day's difference could not be substantiated through staff review. In June, 2013, the City
Council considered those requests, and directed that the number of days of sales be increased to
5, beginning with the 2014 season. Changes were made in 2014, with the periodic update of the
Fire Code. In doing so the City Council also approved a process, intended to sunset sales
through attrition. Tightened regulations included provisions to revoke permits if vendors failed
to meet certain requirements, and to eliminate permits for any vendor failing to apply by
application deadline. Since 2008, the number of booths has decreased from the 22 booth cap to
13 in the 2018 season.
This year, the City Council again heard public comment asking that fireworks sales and use be
banned in Petaluma. The Council requested the matter be agendized for consideration and
possible action later in the year, far -enough in advance of the 2019 fireworks sales period to
provide ample notice of any adopted legislative changes. The matter has been placed on your
October 1, 2018 agenda to provide for further Council discussion and possible direction to staff
regarding amendments to fireworks provisions in the Municipal Code.
DISCUSSION
The Petaluma Fire Department has taken a consistent position in opposition to fireworks sales
and use. Fire safety is foremost of their concerns; legal fireworks sales and use also complicate
and compromise enforcement efforts. Legal fireworks can mask the use of illegal fireworks,
making identification of sources of the latter difficult. The demand on staff time, arising from
responding to calls for service, including fires, is also of concern to the department.
Non -profits who sell fireworks in Petaluma, most serving or benefitting youth as their mission,
have indicated the revenue they receive from fireworks sales would be difficult to replace if
fireworks were banned in Petaluma. City Councils have weighed the support fireworks sales
provide to these organizations against fire risks posed to life and property by fireworks use.
2
2008 Municipal Code amendments require the Department to develop a Fireworks Education and
Enforcement Plan by June 15"' of each year. Amendments also require an after -action report, to
be submitted by the end of each September. The after -action report addresses the success of the
annual education program, quantifies enforcement activity, and provides an overview of non-
profit activity. Follow-up reporting, including statements of income from fireworks sales, is
required of non-profit vendors by November 1 of each year. A copy of the 2018 after -action
report is provided as Attachment 2.
Calls for service consist, primarily, of complaints regarding fireworks use outside the authorized
day of use, and complaints regarding illegal fireworks. Calls for service also include reports of
fires suspected to be connected to fireworks use. These are calls logged through Police Dispatch,
and a dispatch for services is sent to an officer or enforcement team. The after -action report does
not track all time associated with these calls, only overtime hours which are mainly time spent
during the period immediately around July 4th
In 2018, the Department received 155 calls for service, down from a ten-year high of 174 in
2017. The Department allocated 18 hours of overtime to enforcement in 2018, which resulted in
two (2) written warnings issued. Verbal warnings are also given, but are not tracked. Due to the
difficulty in identifying illegal fireworks use, made more difficult by the cover provided by legal
fireworks, or other mitigating circumstances, no (0) citations were issued in 2018. This
compares to three (3) citations issued in 2017. When enforcement staff finds illegal fireworks,
those fireworks are confiscated. In 2018 less than 10 pounds were confiscated, approximately
the same amount as in 2017.
Responses to fire incidents totaled 4 in 2018, one less than in 2017. These were all
dumpster/trash/burn pile fires, and resulted in less than $100 worth of damage per incident. The
Department responded to the same number of fire incidents last year, although that distribution
included one grass fire. Again, none of those incidents resulted in over $100 dollars of damage.
Attachment 3 provides a summary of fireworks activity, including calls for service, disposition
of calls, overtime hours tracked, and incident response summaries for a ten-year period. In total,
the City received 1,058 calls for service during that period. These resulted in the issuance of 33
citations and 19 written warnings. 369 overtime hours were tracked during the period. The Fire
Department responded to 64 fires suspected of having been caused by fireworks during the ten-
year period. Of these, 24 were grass fires, 16 involved trash cans or dumpsters, four (4) involved
structures, and 21 were various fires comprising the category of "other". These fires did a
combined total of approximately $475,000 in damage. Damage in most years is estimated at less
than $100. Structure fires in 2015 and 2013, however, were estimated to have caused $424,000
and $50,000 in damage, respectively.
Staff has not compiled a ten-year history of the number of vendors, their gross sales, and their
net income. If that information is necessary to the City Council's consideration of this matter, a
comparison can be compiled. As noted, in 2008, a maximum of 22 vendors were allowed
permits at that time. Two "for-profit' vendors were sunsetted in 2010. Since then, through
attrition generated by failure to meet program requirements or to seek a permit renewal, the
number of non-profit vendors is currently 13. This is two less than in 2017.
Gross and net sales statistics are available from two sources. Revenue figures are provided by
TNT and Phantom, the fireworks distributors. These reflect the gross value of the product
I
actually sold by non-profit vendors, and the net due vendors from product sales. Vendors retain
50 percent of the amount of product sold. In 2017, distributors reported gross sales of $424,978,
and net income to the vendors of $212,489. In their annual reporting for November 1, 2017,
vendors reported,gross sales of $388,808 and net profit of $99,390. A summary of profits, by
vendor, for 2017, is included as Attachment 4 to this report. It should be noted, information was
not submitted for one vendor in 2017, and that vendor's ability to obtain future permits was
foregone. For 2018, distributors indicate gross sales of $371,932 and net income of $185,966.
Vendors have not yet reported their net incomes for the 2018 sales period, but would be expected
to report a similar proportionate discount from distributor estimates, taking into account their
various costs. Those costs include, for example, permits, insurance, property location fees, and
storage container costs.
The City Council has, in the past, briefly discussed funding sources to substitute for the income
generated from fireworks sales. The General Fund has been constrained from such contributions
for years, and no other sustainable City income sources are available for this purpose, without
taking away from existing City programs and uses.
A majority of the City Council indicated a desire to discuss restrictions on fireworks and
requested the matter be agendized before the end of 2018. Legal use of fireworks is currently
restricted to one day. Reviewing the history of this issue, and if the City Council wishes to
further address the fire safety concerns of the community, it appears a ban on the use of
fireworks is a logical next step. If the Council is averse to eliminating this source of non-profit
funding, fireworks sales could continue to be allowed even if use is banned. With no legal
location in Petaluma to use them, however, this approach could appear to sanction illegal use; a
message the City Council would not want to send. A different approach, that would enable non-
profits to ease into the loss of this revenue source, would be to establish a sunset, after which
sales and use would be prohibited. Following the model used to phase out for-profit vendors, a
sunset of July 2020 is recommended. An immediate ban, effective around the end of 2018, or
maintain the status -quo, are also alternatives the Council can consider.
Petaluma adopted the State Fire Code, by reference, into its Municipal Code. The City has
traditionally adopted the provisions of the California Building Standards Code, including the Fire
Code, according to procedures detailed by 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 the noticed hearing. Following the expiration date of a 30 -day
referendum period, the ordinance takes effect. The Government Code allows the City to bypass
the 14 -day notice process if code adoption is for compliance with state law; as the next Fire Code
update is not required until 2020, these provisions are not critical to the process at this time.
If the City Council wishes to ban the sales and use of fireworks and to sunset those activities
with July 2020, it can: amend the Fire Code, and by reference the Municipal Code as part of the
2020 update; or initiate changes to the codes at the present time. If the Council were to choose
the former alternative, work on code amendments would occur in 2019, with adoption effective
in early 2020. This would enable Fire staff to address all necessary changes to the Fire Codes at
one time and might be the most efficient approach. If the Council wishes to proceed sooner, the
notice/public hearing/ adoption process noted in the previous paragraph would be initiated upon
a first reading of draft code amendments.
4
FINANCIAL IMPACTS
Sales tax of approximately $4,000 was collected in 2018 from Petaluma fireworks sales. If sales
are banned, the City will lose this small amount of revenue. City fireworks education and
enforcement activities are financed by permit and enforcement fees charged to vendors. In 2018
the City collected $5,356 and $12,506 from these sources, respectively, for a total of $17, 862.
These monies are used to support the costs of the annual education and enforcement campaign,
and to partially offset other administrative costs associated with fireworks regulation. Banning
fireworks would eliminate these funding sources, although they could potentially be offset by
increases in citation -related revenues. Lastly, non-profit vendors will no longer have the
opportunity to generate approximately $100,000 in profit from this source.
ATTACHMENTS
1. City Council Agenda Item date December 15, 2008
2. 2018 After -Action Report
3. Fireworks Activity, Incidents and Response from June 16, 2009 through July 17, 2018
4. Fireworks Profit Figures 2017
ATTACHMENT I
Agenda Title:
Meeting Date: December 15, 2008
Discussion and Possible Introduction '(First Reading) of an
Ordinance Repeating Section 17.20.050 of the Petaluma
Municipal Code and Adding a New Section 17.20.050 to Modify
Meeting Time: 7-00 PM
Local Amendments to the California Building Standards Code,
Title 24, Part 9, 2007 California Fire Code, Regarding
Regulation of Fireworks Sales and Discharge in the City
Category (check one): F1 Consent Calendar. ❑ Public Hearing [I New Business
®Unfinished Business El Presentation
Department:
Director:
Contact Person:
Phone Number:
Fire Department
Larry Anderson-
Michael Ginn
Anderson 778-4390
Fire Chief
Fire Marshal
Ginn 778-4389
Cost of Proposal: N/A
Account Number: N/A
Amount Budgeted: N/A
Name of Fuad: N/A
Attachments to Agenda Packet Item:
L Ordinance Repealing Section 17.20.050 of the Petaluma Municipal Code and Adding a New Section
17.20.050 to Modify Local Amendments to the California Building Standards Code, Title 24, Part 9,
2007 California Fire Code, Regarding Regulation of Fireworks Sales and Discharge in the City
2 Existing Petaluma Municipal Code Subchapter 17 20.050 with revisions highlighted in gray.
3. Examples -of educational materials used for fireworks public education (Exhibit A)
4. Letters from fireworks retailers opposing 5 -year fireworks phase out (Exhibit 13)
Summary Statement:
Prior direction from the City Council.on.1-uly 21, 2008, and resulting work by the Fireworks Task Force has
resulted in recommended changes to the Petaluma Municipal Code provisions which modify the State Fire
Code relating to fireworks. The task force consisted of industry representatives, local citizens (pro and
con), representatives from non-profit organizations who sell fireworks, and the fire chief and fire marshal.
The changes allow qualified non-profit organizations to continue to sell fireworks, reduce the number of
sale days from 6.5 to 4, and reduce permitted discharge days from 6.5 days to July 4"' only. They also
improve enforcement by administrative citations and add administrative fine provisions required by state
law
Recommended City Council Action/Suggested Motion:
Introduce the proposed Ordinance Repealing Section 17.20.050 of the Petaluma Municipal Code and
Adding a New Section 17.20.050 to Modify Local Amendments to the California Building Standards Code,
Title 24, Part 9, 2007 California Fire Code, Regarding Regulation of Fireworks Sales and Discharge in the
City.
Reviwed by Finance Director:
Reviewed by City Attorney:
Date:
Approved by City Manager:
Date:
Date.
Today's Date:
Revision 9 and Date Revised:
File Code:
November 19, 2008
S:\Fire Prevention\Firework-s\Firexvorks
08\12-15-08 Council Meeting - Task Force
CliangesTireworks Agenda Bill ameriding
ordinance from task force recommendations
10-08.DOC
CITY OF PETAL , CALIFORNIA
DECEMBER 15, 2008
AGENDA REPORT
FOR
Discussion and Possible Introduction (First Reading) of an Ordinance Repealing Section 17.20.050
of the Petaluma Municipal Code and Adding a New Section 17.20.050 to Modify Local Amendments
to the California Building Standards Code, Title 24, Part 9, 2007 California Fire Code, Regarding
Regulation of Fireworks Sales and Discharge in the City
1. RECOMMENDATION:
That the Council adopt the recommendations of the Fireworks Task Force (Task Force) by
introducing the proposed amendments to Petaluma Municipal Code Section 17.20.050.
2. BACKGROUND:
On July 21, 2008, the Council discussed, considered and deliberated three options regarding
fireworks:
1. Adopt a resolution placing an ordinance banning all fireworks within the city before the voters
at the general election on November 4, 2008
2. Immediately adopt an ordinance banning all fireworks use within the city limits.
3. Maintain the status quo by continuing to permit the sales of state approved fireworks ("SAF") in
the city and enforce existing city law regarding the sale, possession and discharge of illegal
fireworks.
Council selected option #3, with modification based on recommendations from the fireworks
industry (representing the non-profit organizations) and fire department staff, and directed a task
force be formed to discuss and recommend amendments to the PMFC. The task force consisted of
industry representatives, local citizens (pro and con), representatives from non-profit organizations
who sell fireworks, and the fire chief and fire marshal.
3. DISCUSSION:
The task force considered the following options based on discussion and direction by the Council
from the July 21, 2008 meeting:
Shortened Sales Days (recommended)
Reduce the sales days from 6.5 days to 4 days.
o Previously the sales days commenced at noon on June 28`x' and ended at 9:00 P.M. on.the
evening of July 4`h, in each calendar year.
o The reduced sales period would commence at 9:00am July I" and end at 9:00 p.m. on July
41".
o Sales hours are reduced from 87 hours to 52 hours
a Shortened Discharge days/times (recommended)
Shorten the discharge times from 6.5 days to 1 day (July 4"' only)
7
o Previously the discharge days commenced at noon on June 28°' and ended at midnight on
the evening of July 4°i, in each calendar year.
June 280' noon to 10:00 p.m.
June 29'h to July P 8 a.m. to 10 p.m.
July 4'h only 8 a.m.to Midnight
o The reduced discharge period would continence on July 0' only at 10:00 a.m. and end at
11:00 p.m.
o Discharge hours are reduced from 96 hours to 13 hours
Improvement in enforcement protocols (recommended)
o Reports to Council
In task force discussions, the industry requested that requirements relating to an
annual education and enforcement plan and after -action report be codified. If these
requirements remain part of the ordinance, the department's flexibility to modify its
reporting procedures will be limited and could require an amending ordinance,
depending on the nature of any changes. It will include the following:
On an annual basis, before June 15"' of each calendar year, the fire department wilt
prepare and provide to the City Council an education and enforcement plan. The
plan will include the following:
® Education and enforcement program to be implemented in a given year.
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 programs
By no later than the last day of September, annually, the Fire Marshal will provide
to the City Council a fireworks after -action report. The report will include the
following:
An evaluation of the successor failure of the education and enforcement plan
Relevant incident statistics for the period of June 17 through July 16t1'
All information and records which are otherwise exempt from public disclosure
pursuant to the Public Records Act will remain exempt from disclosure, despite
inclusion of any such information and/or records in an education and enforcement
plan and/or after action report in order to avoid any unintended effect on public
safety operations.
o Administrative citation process
a Expressly adopts the administrative citation. process (PMC Chapter 1.16 ) approved
by the Council in October 2008
Allows the administrative citation process provided by state law as an additional
method of enforcement, pursuant to Health & Safety Code Section 12557.
® Adds provisions required by State law applying to administrative fines for violations
related to dangerous fireworks.
Fines for violations are set on the City's schedule of administrative citation penalties,
currently being updated. Dangerous fireworks violations will incur a $1000 fine for
each violation, including a first offense. State -approved fireworks violations and other
fire code violations except for hazardous materials violations will be charged at $250
for the first offense, $500 for a second offense and $1000 for third and subsequent
offenses. hazardous materials violations will continue to be assessed in conformance
with State law and the City's Certified Unified Program Agency ("CUPA") ordinance,
PMC Chapter 17.21.
o State Fire Marshal disposal fee
® Senate Bill 839 modified State fireworks law to require the city to pay a portion of
any line collected relating to dangerous fireworks to the State Fire Marshal for
pickup and disposal of confiscated fireworks, pursuant to regulations which are
presently being developed by the State Fire Marshal. In the interim, the
proposed ordinance provides that the city will hold a percentage of any fines
collected for eventual payment to the State Fire Marshal.
Addition of "clean up" fee for fireworks debris (parfial recommendation)
For the past five years the Public Works Department has received no significant complaints for
clean up fireworks debris in public right of ways (streets, sidewalks etc). Last year, the Parks
and Recreation Department expenditures for clean up amounted to approximately $1,500 for
fireworks rubbish removal from city parks.
There are two viable options for assuring clean up of the city parks.
1. Based on an average of $1,500/year, there are sufficient funds for paying for this
service from the $692.00 Enforcement/Education fee which each of the retail sales
booth applicants is presently charged. This fee covers fireworks education and
enforcement, (including the cost of additional fire and police personnel devoted to
enforcement for dangerous fireworks) and is adequate to also cover the average $1500
annual cleanup costs. The education/enforcement fee does not include an additional
fire permit fee of $207.00 for pen -nit processing and booth inspection prior to the
commencement of sales..
2. Should additional cleanup be needed, the fireworks industry recommended the city
adopt a similar process currently used in Rol -inert Park. Each retail sales booth adopts
a city park and takes responsibility for cleaning up the park on July 51h. A $250
cleanup deposit paid to the city cover the cleanup cost. If the park is cleaned to the
satisfaction of the city, each booth deposit is returned. This option is not provided for
in the proposed ordinance, but this option could be added at a later time, if debris
cleanup becomes more costly than is indicated by recent history.
It is recommended that option 1 be exercised.
Public education improvements (recommended)
Costs for the fireworks public education campaign are borne by the fireworks education and
enforcement fee paid by the industry and retails sales booth applicants. In previous years this
campaign has included:
o Posting maps showing the boundaries and prohibition of fireworks in the IIigh Fire Hazard
Severity Zone posted on all retail booths
o Signs posted on the booths indicating alternate locations wherein state -approved fireworks
can be discharged.
o Half page informational/enforcement ads in the Argus Currier. AIso, ads were run
countywide in the "A" section of the Press Democrat.on select days prior to July 4`h. Some
0
of the retail booths displayed large "wing boards" (3'X6') on the ends with enforcement
message.
o Over 1900 letters sent to every dwelling within the boundaries of the High Fire Hazard
Severity Zone informing them of fireworks ban and alternate locations where they can
discharge fireworks at specific city parks.
Additional improvements to public education plan will include the following:
o Use of the Electronic Auto Mall sign.
o Use'of strategically located electronic traffic signs (similar to Cal -Trans electric signs)
o Safety and enforcement flyers distributed to schools, parks and recreation programs and
The Boys and Girls Club
o Placing safety and enforcement notices in water bills. See exhibit "A" for examples of the
types of public education materials used in the City of Pacifica.
Phasing out "for-profit" entities (recommended)
Only one grandfathered "for -Profit" sales booth remains in the city. The ordinance revision
will provide a two-year phase out period with the last year to sell fireworks as July 2010.
® Requiring that non-profit entities granted a permit to sell fireworks be limited to those non-
profits that specifically benefit Petaluma organizations, citizens and/or non-profit groups
(recommended).
Provisions are already in the ordinance to meet this criterion. However, revised language has
been added to clarify the definition of a "non-profit", including the requirement for the non-
profit to meet Internal Revenue Code Section 501 (c), (d) and (e). It also includes a definition
for "affiliated organization" which limits each non-profit organization to apply for one booth
application, excepting schools (grade, middle, high schools or community college) that have
different organizations within the same school that may apply for separate permits so long as
they meet the requirements of the definition. This provision essentially prohibits one non-
profit organization, other than schools, from applying for more than one permit from the
parent" not profit organization.
® Elimination of retail sales of fireworks over next 5 years (not recommended)
Council raised the question regarding a 5 -year phase out of all firework sales with a caveat for
reasonable alternate funding sources be explored for the non-profit organizations.
There was extended discussion regarding this issue by all the members of the task force. It
included exploring alternate funding options. Tha profits made by.the fireworks sales period
(previously 6.5 days, recommend to be 4 days) could not be matched (given the time
commitment of volunteers and available fundraising opportunities) by any other sales activity.
The non-profit organizations indicated that it would take a multiplicity of other activities such
as car washes, bake sales, candy drives, etc. to match the funds that can be made during the
fireworks sales period and that there few or no viable alternatives which provide the same level
of filnding. 1
10
The task force was not in favor of this recommendation. See Exhibit "B" for copies of non-
support letters for fireworks phase out.
One final recommended change to the fireworks ordinance language not discussed in the task force
meeting but recommended by the fire department is removing the population basis for determining
'the total number of fireworks booths allowed in the city. The current method is based on a
population ratio of 1 booth per 2500 residents. Based on today's population the total number of
.booths permitted would be 22. Under the old ratio, the highest number of booths ever to seek
permit was 20 (2006 and 2007). The five-year average has been 18 booths.
With the anticipation of fixture population increases (mostly infill population) of 20,000 residents
over the next 17-20 years, but no increase to the square mileage to the city limits, the current
geography of the city already limits locations where booths can be strategically placed for
purposes of maximum sales. Therefore, it is recommended that the formula calculation be
removed and the total number of booths allowed to be erected in the city be capped at a maximum
of 22 booths.
4. FINA.NCTAL ]IMPACTS:
There are no direct costs associated with the proposed code amendments. Costs associated with
enforcement and education will be underwritten by fees collected from the industry and the booth
applicants and by enforcement penalties retained by the city.
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ATTACHMENT 2
4
12018
FIREWORKS
i
I toRc- a 970 �I
Prepared by:
Petaluma Fire Department
Fire Chief Leonard Thompson
Fire Marshal Jessica Power
DATED: September, 2018
12
CITY OF PETALUMA, CALIFORNIA
CITY COUNCIL PACKET
PETALUMARDEPARTMENT
JULY 49 2018 FIREWORKS REPORT
e�zI11 1 I
In accordance with Petaluma Municipal Code, the Petaluma Fire Department (PFD) is to provide City
Council with two (2) annual reports regarding the Fireworks Season. Pursuant to Section 3309.1.1 of
Petaluma Municipal Code Section 17.20.050, the most notable recent changes to the original ordinance
are as follows:
Sales Days -Petaluma and Rohnert Park:
In 2014 the City of Petaluma modified the Fireworks Ordinance to make sure the Cities of Rohnert Park
and Petaluma have consistent sales days. Petaluma added one (1) day of sales beginning with the 2014
fireworks season (June 30th — July 4th). In addition, the City Council also directed the City Manager to
limit the number of firework booths and develop a "Sunset" clause. The "Sunset" clause allows any group
with an existing permit for fireworks to be eligible to apply for a permit for the next fireworks season.
Reports to Council:
a. On an annual basis, typically 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. The education and enforcement program to be implemented in a given year; and
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 After -Action Report. The Report will include the following:
1. An evaluation of the success or failure of the Education and Enforcement Plan; and
2. Relevant incident. statistics for the period June 17th through July 16th of that year.
A comprehensive, written Education and Enforcement Plan was distributed to all interested parties in
June, 2018 in advance of the 2018 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 16th, 2018 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:
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Safe and Sane: Fireworks approved by the 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
rg ound. 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:
xx Don't Get Burned -,Steer Clear of Illegal Fireworks! xx
Highlights of the "3E" approach are. as follows:
Education:
® Distribution of fireworks safety information to schools as provided by the fireworks distributors
through the use of handouts as well as educational websites to access brochures and videos.
® Utilization of a movie short entitled "Don't Get Burned" which aired at the local theater during
the period of May 11, 2018 thru July 11, 2018. It was expected to be viewed by approximately
112,000 people.
® Distribution of a letter to residents in the High Fire Hazard Severity Zone ("HFHSZ") that stated
NO fireworks are allowed (approximately 2,636 Owner/Occupants were notified by this letter
mailed via USPS on June 14, 2018).
• This year we also used a social media site called Nextdoor.com which communicates with
residents via electronic posts in established neighborhoods in Petaluma. Our uploads notified
residents of areas where illegal fireworks have been a problem in the past and warned residents of
the ZERO tolerance policy regarding the use of illegal fireworks and the penalty for same.
Additionally, a joint video with the Police Department was created and posted on the social media
site Facebook recapping the proper use of safe and sane fireworks only in the City of Petaluma.
® As in previous years, the Auto Mall's electronic signboard on Highway 101 displayed several
safety messages approximately 3-4 times per hour from June 29, 2018 thru July 5, 2018. In
addition, the Fairgrounds electronic message board displayed several safety messages.
® Press releases were issued during the month of June to impart the message that the use of illegal
fireworks will result in $1,000 fines.
Enaineerin
® There were five (5) authorized firework sales days this season: June 30th through July 4th.
® Time of fireworks usage was limited to one day: July 4th only from 10:00 a.m. to 11:00. p.m..
® It was made unlawful for minors under the 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.
® The HFHSZ map, allowable use areas and messages about not using illegal fireworks were
displayed in various printed formats at all thirteen (13) 20.18 fireworks booths.
14
® All firework booths were inspected .and permitted by Fire Inspectors and permits specify all
allowable conditions and methods of operations.
Enforcement:
® The threat of administrative citation was utilized to include $1,000 fines for illegal fireworks use
and graduated penalties of $25041,000 for the misuse of legal safe and sane fireworks.
® Dedicated Enforcement Teams were fielded by the Code Enforcement Officer, Police and Fire
Department staff: one (1) two -person combined CEO/Fire enforcement team patrolled on
Saturday, June 30t11 from 7:00 pm to 10:00 pm; one (1) two -person combined CEO/Fire
enforcement team patrolled on July 3rd from 7:00 pm to 10:00 pm; and two (2) two -person
Police/Fire enforcement teams and one (1) Fire Battalion Chief and one (1) Supervisor (Fire
Marshal/9305) team patrolled on, July 0' from 6:00 pm to 11:00 pm.
Financial Impacts:
The cost of the July 4th 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 thirteen (13) booths this year paying an enforcement fee of $962. each, and permit
fee of $412 each, fireworks operators and distributors provided approximately $17,862 in funds
which covered the full cost of educational materials, enforcement team labor costs (Police and
Fire), staffing a reserve engine, confiscated fireworks disposal/removal, booth inspections and
regulation efforts.
Performance Measurements:
® Implementation of the education campaign began in late May and ran through July.
• Community policing of known target neighborhoods was conducted during the daylight hours on
June 30th,•July 3" 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 number of administrative citations issued for "safe and sane" fireworks misuse was tracked.
® The number of administrative citations issued for illegal fireworks usage was tracked.
® All statistics for the period June 17th through July 16th, 2018 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 2018 Fireworks Education and Enforcement Program's success and/or failure.
SECTION II
OUTCOMES
The following is the Fire Department's assessment and/or comments of the relative success or failure of
each of the following categories during 2018:
Education:
15
This year's prevention education efforts summarized in Section I included a multi -pronged
approach to reach as many citizens and visitors to Petaluma as feasible. This year our Department
continued enforcement efforts with $1,000 fines for illegal fireworks use, the cinema movie short
"Don't Get Burred" and school fireworks safety information provided by the fireworks
distributors. As mentioned in the previous section, the "Don't Get Burned" cinema ad was
estimated to have reached approximately 112,000 people. Zero (0) citations were written this year,
we continue to believe that the enforcement teams made an impact in deterring illegal use. It is
our opinion that the education effort of using social media to reach out to problem neighborhoods
also made a difference in reducing illegal use. However, there continues to be a segment of the
Petaluma population that use illegal products in their backyards and those situations are difficult
to enforce.
OUTCOME: Good success with some of the Petaluma population, but there is still continues
to be a segment that can't be reached via education efforts (i.e., those coming from outside
the City or those that have a total disregard for the law). .
Engineering:
Engineering efforts outlined in Section I provided specific regulations for the residents and visitors
to Petaluma for use of safe and sane fireworks.
OUTCOME: Successful.
® There were thirteen (13) permitted non-profit sales booths in Petaluma in 2018. All booths received
inspections and were. issued operating permits. No violations were observed or reported for
firework booth operators.
OUTCOME: Compliance achieved; similar to previous years.
Enforcement:
® Enforcement teams fielded by the Code Enforcement Officer, Police and Fire Department staff
patrols saw a significant use of illegal fireworks during the assigned patrols. Enforcement teams
provided education, verbal warnings, and zero (0) citations during these times. As noted below in
the Enforcement Team Statistics, there was a decrease in calls for service regarding, fireworks
throughout enforcement period, as well on July 5th
OUTCOME: Successful.
Pre -July 41 Meetings/Special Concerns/Tactical Objectives:
As in previous years, meetings with Police, Fire, Parks and Fairgrounds personnel were held prior
to July 4th 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: Good coordination between all agencies.
High Fire Severity Hazard Zone:
®
Amass mailing was sent on June 14, 2018 to approximately 2,636 owner/occupants located within
the HFHSZ (see Appendix. A). The list was comprised of owners who may or may not reside at
an address located within the HFHSZ, as well as to the actual occupants should the owners reside
at a different location. This list included about twenty-six (26) City of Petaluma parcels as well.
IFS
While there were a few calls for service, there were not any incidents of note, nor were any citations
issued, within the HFHSZ.
OUTCOME: Successful; some fireworks activity reported this year in this area.
Identified Problem Areas from Previous Years:
® The Fairgrounds Parking Lot: The Parks Department posted signs indicating that NO
FIREWORKS were allowed, along with the $1,000 penalty amount. There was a police presence
and the effort to control the Fairgrounds parking lot was again acceptable. No citations were
issued on Fairgrounds property.
OUTCOME: Acceptable; medium level of fireworks activity in this area.
® Targeting Problem Neighborhoods: In the past, certain neighborhoods have been identified as
having high illegal fireworks activity. This year, we used a social media site called Nextdoor.com
that communicates via electronic posts to residents in established neighborhoods in Petaluma. We
notified those residents of the ZERO tolerance policy regarding the use of illegal fireworks and
the penalty for such use. following neighborhoods were targeted:
® The 200 block of Edith and Vallejo Streets
® Stuart, Cortez and Coronado Streets
® Arlington and Burlington Street areas
® Jess, Rocca and Graylawn Streets
® Baywood, Louise and Peggy Lane
Pockets of heavy activity were noticed in the above-mentioned neighborhoods. It should be noted
that as in past years, that illegal fireworks activity was noticed throughout the entire City of
Petaluma. It seems this method may have had some impact in these areas as there was not a
"greater than normal" amount of illegal fireworks activity reported. However, similar to last year,
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. As in the past, enforcement teams
needed to be continually on the move. This year the Joan Drive, Jeffrey Drive, and East Madison
Street area were noted to have a high usage of illegal fireworks, and will be added to the list of
neighborhoods to target next year with education efforts.
OUTCOME: Similar to last year; overall illegal activity noted to be similar to last year.
SECTION III
ENFORCEMENT STATISTICS
Enforcement Effort: Fire Enforcement Teams Statistics:
There were a total of one hundred fifty-five (155) fireworks calls for service/complaints logged during the
compliance period from June 17th through July 16th. By comparison, last year there were one hundred
seventy-four (174). These service calls were recorded citizen complaints by Police Dispatch in which a
dispatch for service was sent to an officer or enforcement team. Ninety-nine percent (99%) of the
complaints were registered for illegal fireworks activity. Enforcement teams were not able to catch
17
individuals with illegal fireworks therefore, zero (0) $1,000 citations were issued. There were no warnings
or citations issued for safe and sane fireworks usage.
The following statistical breakdown was compiled for the July 4, 2018 reporting period:
® June 1711 through June 30th° Eight (8) fireworks calls for service/complaints. One (1)
enforcement team worked from 7:00 pm to 10:00 pm. No citations were issued. Last year, there
were five (5) recorded calls during this period.
® July 11t: Ten (10) fireworks calls for service/complaints. No enforcement teams were working,
complaints were handled by police officers. No citations were issued. Last year there were four
(4) recorded calls.
® July 2nd: Two (2) fireworks calls for service/complaints. No enforcement teams were working,
complaints were handled by police officers. No citations were issued. Last year, there were ten.
(10) recorded calls.
® July 31*1: Eight (8) fireworks calls for service/complaints. Two (2) enforcement team worked
from 7:00 pm to 10:00 pm. No citations were issued. Last year there were twenty-one. (21)
recorded calls.
® July 4th: One hundred six (106) fireworks calls for service/complaints. Two (2) enforcement
teams and a Battalion Chief/ Supervisor (Fire Marshal) team worked from 6:00 pm to 11:00 pm.
Zero (0) citations were issued for illegal fireworks. Last year there were one hundred four (104)
recorded calls for service.
® July 5th through July 16th: Twenty-one (21) fireworks calls for service/complaints. No
enforcement teams were working July 5th through July 16th. No citations were issued: Last year,
there were thirty (30) recorded calls.
OUTCOME: Medium illegal fireworks activity; similar to last year. Zero (0) $1,000 citations.
FIRE INCIDENTS IN THE CITY OF PETALUMA
JUNE 17 THROUGH JULY 16, 2017
In summary, during this period, the PFD responded to three (3) trashcan fires, and one burn pile in front
of a vehicle believed to be caused by illegal fireworks. Reported fire loss during this period was estimated
to be less than $100.
The following is a chart displaying Fireworks Activity and Response as compared to previous years:
Fireworks Activity
2014
2015
2016
2017
2018
Calls for Service
85
122
113
174
155
Citations Issued
1
(0 juveniles)
0
(0 juveniles)
0
(0 juveniles)
3
(0 juveniles)
0
(0 juveniles)
Warnings, Issued
0
0
0
0
2
Total OT Hours
42
41
25
21
18
Lbs. Confiscated
< 20 lbs
< 20 lbs
< 20 lbs
< 10 lbs
<10 lbs
18
Response to Fire
2017 Fireworks Distributor Figures
Incidents
2014
2015
2016
2017
2018
Grass Fires
2
1
2
1
0
Dumpster /'Trash
0
0
1
2
3
Fires
Structure Fires
0
3
0
0
0
Other
4
1
3
1
1
<$100
<$100
<$100
<$100
Fire Loss
incident
$424,000
incident
incident
incident
Special Concerns/Illegal Fireworks Usage:
We continue to have individuals from within Petaluma, as well as non-residents, using illegal fireworks
on both public and private property. There were zero (0) citations issued on July 4, 2017. Multiple
warnings were issued for illegal fireworks usage.
Since the inception of our enforcement program, it has been observed that individuals who choose to use
illegal fireworks continue to be 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 also continues to be
situations where safe and sane -type fireworks activity will mask the intermittent use of illegal fireworks.
It is believed that the enforcement teams and education efforts were somewhat successful in deterring
illegal fireworks.
OUTCOME: Similar to last year; illegal use of fireworks in Petaluma and other areas continue to
be a problem, but the enforcement teams and education efforts do seem to be deterring some illegal
use.
Non -Profit Overview:
There were thirteen (13) non-profit fireworks booths operating in Petaluma in 2018. Petaluma's Fireworks
Ordinance specifies that the money earned from non-profit booth sales shall "provide direct and regular
community services and benefits to the residents of Petaluma".
To this end, the Department sent out letters to all of the non-profit booth operators on September 5, 2018
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 is November 1, 2018.
2018 Fireworks Distributor Filzures
2017 Fireworks Distributor Figures
(Included for comparison only)
GROSS
NET
CROS >`
TNT:
$267,986.00
$133,993.00
$298,218.00 $149,109.00
Phantom:
$103`,945.72
$ 51,972.86
$126,759.78 $ 63,379.89
TOTAL:
$371,931.72
$185,965.86
$424,977.78 $212,488.89
Summary
Report on the Success or. Failure of the Education and Enforcement Plan:
In general, it seems the educational efforts have been successful in reaching children and Petaluma
residents. The program also receives enforcement fee funding in the amount of $962 per booth which
19
essentially pays for enforcement team overtime, administration costs and to fund the movie short "Don't
Get Burned" which again aired at the local cinema. It should be noted that as the number of fireworks
booths decline, so will available funding for enforcement and education activities.
Some of the highlights of this year's efforts include:
There were enforcement teams working on June 30th, July 3rd and July 4th. Overall, there was no
significant fire loss related to, fireworks activity this year. There also were no fires that could be
confirmed as'having been started by juveniles, hopefully due to education effort and patrols.
Continued drought conditions and illegal fireworks activity in Petaluma will continue 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. CEO/Police/Fire enforcement teams appear
to have been successful in deterring some illegal activity.
20
NAW
21
CITY OF PETALUMA
POST OFFICE Box 61
PETALUAm, CA 94953-0061
David Glass
2018
dins Albertson
Teresa Bnadt
AUke Healy
FIREWORKS PROHIBITION WITHIN THE
GibeKearney
Dave.fflng
HIGH FIRE..HAZARD SEVERITY ZONE (HFHSZ)
Kntiv Afla'-r
Cowrcilrnenrbers
On November 7, 2016; the City Council adopted an ordinance to amend.the
Petaluma Municipal Fire Code (Ordinance No. 2586 N..C.,S.). Regulations
regarding the sale and discharge of California State -approved fireworks during
the Fourth. of July holiday period are outlined within this Ordinance.
Pet Ordinance No. 2586 N.C.S., the discharge of M and all fireworks
including State -approved fireworks, is prohibited within the area(s) designated
as the High Fire Hazard Severity Zone (HFHSZ), which is defined by the
California Health. and Safety Code, and was designated by the Petaluma Fire
Department in 1992. The HFHSZ is,priniarily located within the western and
southern Ringes of the City limits where there is a higher potential for wildfire.
Neighborhoods impacted by this ban are shaded in red on the map printed on
the reverse side of this letter. You have received this letter because you own or
reside in a property that is located within the HFHSZ.
Alternative locations for discharging State -approved fireworks have been
designated for residents who live in the 11FBSZ. The following locations are
acceptable:
McNear Park
4. Prince Park
Lucchesi Park — Restricted to northwest parking lot and grass area
FfmPtIlent
't
**-"I\To fireworks on or near soccer field***
196 S(!'eet
Petalrana. CA 9495-1
Wiseman Park (St. Augustine Circle) — Restricted to ball fields
P12a,!e (707) 778-43991
F(:v (707) 931-0668
City Hall — Restricted. to the westside lawn and parking lot
Fire Provenflon Bareart
if you have questions, or require clarification regarding the HFIJSZ, please
11 English Swiel
Peila!wra, CA 9452
contact the Fire Prevention Bureau at 778-4389 or firemarshal@ci.petaluiiia.ca.us.
Pho'lic (7,97) 778-4389
Fm (70.7) 205-6036
22
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