HomeMy WebLinkAboutStaff Report 4.B 01/05/2004rC .
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CITY OF PETALUMA, CALIFORNIA
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AGENDA `ALL J g n U a ry - -
' Ai&ind A Title Status Report and Recommendations Regarding the
(1ity's' Fireworks Ordinance.
Meetina Date January 5, 2004
Meetine Time X 3:00 PM
Category (check one) ❑ Consent Calendar ❑ ;Public Dearing ❑ New Business
X - Unfinished Business ❑ Presentation
Department Fire
Director Chris
C ntaef "Pers6w;
Phone Number 778 -4365
Albe
CAls, Albertson
Cost of Proposal Absorbed by the Fireworks Industry.
Account Number N/A
Amoumt Budgeted
Name of Fund
Attachments to Agenda Packet Item .1) Meeting Minutes of, the Petaluma Fireworks Taskforce for
October 15, 2003 and November 5, 2003; 2) Copy of Letter sent to Assemblyman Joe Nation and State
AIL
Senator John Burton; 3) Thank you letter to Taskforce members.
Summary Statement On August 18, 2003 the City Council directed Staff to further pursue six subject
areas related to the regulation of the sales and. use of stater approved fireworks in the City of Petaluma. The
Fire Department formed a Fireworks, Taskforce to discuss these six issues and bring back findings and /or
recommendations to the City Council.
Recomimended City. Council Action /Suggested - Motion City Council accept the recommendations of
the Fireworks: 'Taskforce and direct 'Staff to bring back ordinance language incorporating those
recommendations.
Reviewed by Finance Director:
Reviewed. by City Attorney
Appro City Manager:
.ate:
Date:
Date:
bda 's Date: Dec ber 2,
Revision # and Date Revised:
File"'de:
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QTT.OF PETALAJM CALIF ORNIA
JANUARY 5, 2005
• AG'END
. AIREPORT
FOR
Status Report and Recommendations Regarding the. City's Fireworks Ordinance
E XECUTIVE SUMMARY On August 1 $, 2003 after hearing a presentation to City Council regarding the
sales and use, of state approved fireworks, the Council directed staff to pursue six subject areas:
• banning "piccolo -pete" (Whist ling) type fireworks;
• increase the fines /penalties for the use of illegal fireworks and/or legal fireworks that have been illegally
modified;
• continuing to enhance public education efforts;
• increase the number of enforcement, teams;
• require Petaluma identification to purchase state. approved fireworks from Petaluma booths;
• limit the sale and use of fireworks to the Fourth of July only
One additional item was added to this list:
post a bond or short term insurance policy for costs of incidents proven to be caused by state approved
fireworks.
The Fire Department proposed creating, the Petaluma Fireworks Taskforce, with representatives from the
fireworks industry, city staff, -and the community, to discuss the issues above and bring recommendations
back to the City Council. The Taskforce met twice : October 15 and November 5, 2003. The Taskforce
had consensus on all but one of the issues. Their recommendations are listed below.
2. ALTERNATIVES No action on these , discussion items by Council,will continue the status quo for sales
and use of state approved fireworks,. and continue existing education and enforcement efforts by the
Police and Fire Departments.
3.
a
p y h increased fees to su ort the.'increased ubli' e
FINANCIAL IMPACTS Financial impact will be.absorbed b the fireworks wholesalers an d retailers
g pp p ducation efforts and increased enforcement
throw
teams.
CONCLUSION The Petaluma Fireworks Taskforce offers the following recommendations for Council
action: 1) The piccolo -pete "type (whistling) fireworks be' "- banned "'from sales and use in the City of
Petaluma. (The City recognizes the need for some flexibility in 2004 with this; ban.) 2) City staff work
with the City Attorney's; Off ce to maximize potential fines and financial' i.estitution to the city for
enforcement and. disposal. costs. 3) Enhance Public Education efforts dealing with "illegal" fireworks,
the,safe use of state a pproved.,fireworks, and the Petaluma"Fireworks Ordinance, through. mailings and
posters, funded by the fireworks industry. 4) Increase the number of enforcement teams, funded by
increased'fees from the fireworks wholesalers and retailers. 5; forego the ;proposal that retailers request
"city identification" from customers' purchasing state approved! fireworksfrom their booths. 6) The
Taskforc
e.could- t�come.to agreement on the proposal for shortening the number of days for sales /use
of ^state a ,proved,firewo.rk " The wholesalers and retailers prefer the'status quo. 7) After talking with
several,independent insurance, agents., there does' not appear to be a type of bond, or insurance policy, to
cover costs "oflinc dents caused by state approved fireworks. The Taskforce does not recommend further
action on this item.
y
5. RECOMMENDATION City Council instruct staff 1) Revise the current Fireworks Ordinance to
include the banning of piccolo -pete (whistling) fireworks and -to increase the permit fees paid by
wholesalers and retailers to offset increased costs for public education and ,enforcement. 2) Work with
the city Attorney's Office to maximize potential return from fines and financial restitution.
gAorms/2003 agenda bill
•
• .
Persons in attendance
Chris Albertson.
Michael Ginn
Lynn Conklin
Jeff Kreman
Richard Sharke
Dennis Revell
Danny Fish
Don Petro
Brian Petro
Renny Buzzini
Petaluma Fireworks bask Force Meeting
10/15/03 - Revised
Petaluma Fire Department
Petaluma Fire Department
Citizen at large
:Phanton Fireworks
McDowell Drug Task Force
Revell Communications
Petaluma Police Department
An.Arnerican Tradition
Petro Fariily Fireworks
TNT Fireworks
4- 74clllnE41r 1
Chief Albertson opened the meeting and welcomed everyone and thanked them for
participating. He referred to .the. agenda provided for the meeting ,and asked that the
group use it as their guide, or discussion. Further, he added that he would like to obtain
consensus on as many items as, ossi ble. He also acknowledged 'that .consensus may' not
mean all members are in agreement with the agenda items,, but hoped most if not all the
items can arrive there. He turned the meeting over to FM Ginn. and excused himself.
Item #1 Banning piccolo petes or whistling_ type fireworks
The group was amenable to discussion of this item . All of the,d istributors /wholesalers,
profit and non -profit groups..agreed that taking this item o'ff of'the' shelf would amount to
a reduction in, revenue. These whistling type devices are among the top sellers. The
group wanted recognition that removing these; devices from :retail sales was a large
concession on their part. Revell. asked if the number of "pete" violations or use this year
was higher than last year - Ginn responded that there was no statistical data in previous
years to answer this question.
.,
The task force conditionall y agreed reed to .remove these items from retail sales.. Revell will
prepare a draft definition that will 'identify the Piccolo Pete types of whistling °fireworks
to be used in the ordinance.
Item #2 - Citation Process
Discussion revolved around 'the, citation process used this;Fourth of July period ,,over last
year's. Ginn and Fish both stated that issuing citations via the municipal code and having
the City Attorney (CA) prosecute them was much more efficient. than last year.
However, the cost'io, the City to prosecute them relative to the fines received was nearly
at break Othef'ideas included a recommendation to increase the -fine to make the
penalty more severe., It was ;stated that the citations were' issued as, a misdemeanor with a
$1000 fine an plead to an infraction with a $250.00 fine. ' At the next meeting the
CA attorney handling the citations will come and explain. the process and answer
questions and/or present °alternatives for further improving the citation procedures.
Revell asked if FM. Ginn could ascertain the amount of money collected, to date, based
on the .judgments for this year's citations. Ginn ;checked with the CA and was informed
that the judgments are all. handled - through and by the county courts — because of the size
and complexity of the county's accounts receivable process, it is cumbersome to make
this determination.
The group acknowledged that the process is working as well as it can. After the CA's
representative comes to the next meeting es' explains, the procedures; thi's issue 'should he
considered resolved.
Chief Albertson had written, a letter. to Assemblyman Joe Nation and State. Senator John
Burton, copies mailed' August 23 and again on October 3, asking for state assistance ;in
making the penalties for illegal fireworks more severe. Copies of the letter were
distributed' to the group.
Item. #3 - Enforcement Teams
There were ,six enforcement teams working this past Fourth. of July and one on each night
between the 1' and 6`h. Lieutenant Fish stated that six teams are the maximum, number of
that can'be furnished for fireworks enforcement: Everi'if there was more- money allocated
for additional teams; there are not sufficient personnel to increase the number ,of teams.
Sharke asked about using cadets from: the "police academy — this was *not possible due to
safety concerns of unarmed cadets potentially facing aggressive situations. Revell asked
if neighborhood watch was of any value. Most agreed it is a marginal tool. for
enforcement. Ginn suggested that CDF'might`be able to provide several peace officers.
Sharke suggested the Community College and Sonoma State PD's be asked to assist.
Ginn will check this out. Enforcement letters will continue to be utilized and sent to
"target." areas `or neighborhoods. Ginn felt these .letters were having some effect on.
"known" trouble areas: On= duty Fire 'Department suppression personnel were- also,,out
patrolling the- streets as a visible deterrent.
On the whole, the group is.pleased with the enforcement team effort.
Item #4 = Public Education
All parties,agreed that the pub ed. is going fine. Some discussion, ensued regarding. more
work with the school age children in late May or early June. Ginn thought the: idea was
good but may not be effective with 4 to 5 weeks between; their training and the Fourth of
July Holiday. Revell will continue administering, the Preventor' Program for schools.
Ginn`suggested that two new pub'. ed. ideas be considered next year:.
• Informational poster for storefronts Revell is checking on the : poster layout and
cost.
• Informational 'flyers as a mass mailing —Ginn is checking on the cost.
Item #5 — Reduction is Sales Period
A healthy discussion ensued regarding this issue. All of th e wholesales /distributors,
profit and non -profit representatives :did not support any changes to the sales dates. They
were asked if they, could consider a ' reduction 'from seven to four days the
overwhelming p response was still g
`in the neg ative . ' They `'acknowledged that the sales days
, r � es
have already `been reduced two days fro_ m July 6' to the 4` •
OF. Other cities that have implemented this (approximately half a dozen of the 250+ cities)
have experienced a reduction in revenue(in some cases up to 20 %). The group expressed
the concern that they are already giving concessions on the piccolo Pete sales — which
already creates a reduction in revenue and feel that further reducing the sales period, will
create an undue hardship on their re" venues. Petro wanted it made clear that `it was only
one Council member made the suggestion and he ,did not feel this suggestion carried the
full support of the Council., Sharke expressed that government is regulating this all
backwards — penalize those that possess and use illegal fireworks, not the booth
operator's revenues.
Brian Petro mentioned' the importance of group -wide consent on the task force
recommendations. He wanted the record should show that he felt strongly that without
group consent it would be easy for the Fire Department to misuse-.the task force to push
its stated "ban all fireworks" agenda. He stated that if the whole group was not to come to
a consensus on, its recommendations; that it would be more honest for the task force to be
disbanded and for the Fire Department to make its recommendations completely on its
own. Don Petro stated that the City of Petaluma'.s fireworks ordinances do not conform
to other Sonoma County cities and' do not follow State regulations. Don Petro stated that
the Fire Chiefs agenda item.(regarding less sales days) could cause his company an
economic hardship and the lay-off of 14 workers.
Ginn stated that this issue might have to be the one where we "agree to disagree ". He
also stated that the Fire Department would likely include a recommendation for the
• reduction of days in the Council Staff report and leave it to the "'Council to make the final
decision. Revell was going to obtain stats on those cities that do implement the shortened
days and the fiscal impacts it has created. Revell also suggested that with the other 4
cities in the County are not likely to change their ordinances shortening sales period next
year — he wanted to state that' consistency for sales within the county should be
considered.
This item was deferred to the next meeting for further discussion.
Item #6 — Identification for Purchases
Deferred to next meeting.
Item #7 — Posting. Bonds for Incidents Caused by State Approved Fireworks
Deferred to next meeting.
NEXT MEETING DATES
The group chose 1115 and 11/12, 2:00 pm, Community Center as the next two meeting
dates to further discuss,the unresolved issues.
•
•
Petaluma Fireworks Task Force Me' efing
11/5/03 - Revised
Persons in attendance
Chris Albertson
Michael Ginn
Renny Buzzini
Lynn Conklin
Dan Fish
Dan Hurst
Jeff Kreman
Michelle Kropp
Brian Petro
Don Petro
Dennis Revell
Petaluma Fire Department'
Petaluma Fire.Department
TNT 'Fireworks
Citizen, at large
Petaluma' Police Department
Attorney for City of Petaluma
Phantom Fireworks
Petaluma Fire Department
Petro Family Fireworks
Ah American Tradition
Revelt Communications
fi7— MC/y�nt7 IS
Chief Albertson opened the meeting, welcomed everyone, -and expressed his appreciation
for their participation in this task force.
Item #1 — Citation Process
This year, 35 citations were issued to adults and referred to Dan Hurst's office for review,
then forwarded to the criminal clerk's office. (Juvenile citations go to the Juvenile
authorities, so he doesn't track those.) Generally, he tries to settle without proceeding
with a trial.
Prior to this year's enforcement proceedings; Dan Hurst met with FM Ginn and Lt. Dan
Fish to clarify the Fire Department's:approach it6 enforcement. Dan prosecutes about 200
cases each year, both. - misdemeanors and infractions; building- related incidents are
usually remedied by bringing them into compliance, <and all others' are usually fined. The
3 -year plan has been to -increase penalties for repeat, offenders, which may be in the form
of community service or jail time.
The citations for illegal use of fireworks can be written as either'misdemeanors (which go
`on record') or infractions (similar to speeding tickets)... For misdemeanors, the maximum
fine is $1000 , people who receive a penalty that'high are .more likely to request a trial,
knowing they have a good chance that either the City won't accept' that expense or the
court' won't�take on the hassle, and therefore the; fine may drop considerably. On the
other hand, someone who receives a $250 fine is :more likely to just pay it.
One suggestion was that: a violator's penalty could be reduced if they reveal their source.
"Chasing up the chain" generally isn't time effective, but depending on the circumstances
surrounding - individual` cases, it may be worth it.
Considering the financial impact on the City, Dan :Hurst recommends, for 2004:.
Increase fines by $50 — $100, and include; restitution .(to the City not the court) for
enforcement and for disposal , of illegal fireworks: Keeping in mind that if this is court
supervised, there would likely be administrative costs, too.
It's difficult- to know how much money 'has come in from the ,citations issued this year;
because it goes to :the County, and then the City gets the funds so long affter the ;fact.
Our goal for 2004, is to have 8 teams, rather than 6 as, we did this year. Police. units from
SSU and SRJC may assist, in next year's enforcement process, as will members of the
Petaluma Fire Department. Lt_. Fish said that the Petaluma Police; Department can't
commit this far in advance as to their involvement in the enforcement effort for 2004
because they_ 'll have a new Chief by then and -. don't .know at this point what - /she will
approve.
Item #2 Draft for Ban: on Whistling Types 4 Fireworks
Dennis Revell referenced the State. Fire Marshal's'list to see which fireworks'qualified as
piccolo-pete types. There were nine, several of which are carried by the three suppliers
to Petaluma stands. He recommends that the stands: specifically would not be authorized
to sell those particular fireworks which would be listed. by name and the State Fire
Marshal reference numbers, and _ with the additional wording that neither 'are they
authorized to sell "others of similar type," as well as 'not- authorized for "distribution" (as
in the form of a 'give -away: buy something, get one of these free). There would,
however, be an exemption (for 2004, at least) for inclusion of these in! the assortment
packs.
Item #.3 — Feedback on Costs of PubEd Posters and.Flyers
American Promotional Events offered to print signs /posters for stores. FM 'Ginn -will
coordinate with Dennis on the total number needed.
We won't use the money next, year that we used thisyear because this year we had the
big expense of the large banners. Fees for the FW vendors probably' won't'be� increased
for :2004 other than overtime costs for the enforcement teams.
Flyers can be included with water bills. Cost is estimated at $360, plus, cost of 'flyer
(about $0.02 /flyer for 18,500 mailings). There are 6 billing cycles, so it will take about 2
months to get them distributed to the City.
Item` #4 - Reduetion.in Sales Period
Brian shared information that -Mrs. Don Petro documented from a video of the
August 1.8 Council meeting. Attached find the grid she created which, shows the points
raised that related to fireworks discussion and the number of council . members who,
addressed same. Brian pointed out that the majority of discussion related to.,points 1 7.6;:
with the subject of restricting sales and use to July 4 having only been .mentioned by 'one.
ember.
council m '
' C entl , the sales eriod is June 28 noon thro:u h Jul 4. Lynn Conklin suggested
. Y p. ( ) g y Y gg
shortening the number of days and lengthening hours of sales (to 1,0:3,0), but this did not
meet approval from most of the group. Don Petro said that his experience shows that
sales are basically non - existent. after' 10 °:00, and that, he doesn't think ' his booths could
show any profit with a shorter selling window. Also, with the jurisdictions that Dennis
Revell knows that have done this, 'they have seen a reduction of profit and no increase in
fire safety.
FM Ginn will put in the Council Staff Report that this topic was discussed, but that there
is no consensus among the task force. Mr.. Ginn stated that the department would not
make any recommendation in the Staff Report to the City Council regarding this item.
Item #5 — Petaluma Identificatiomfor Purchases - .
Union City tried requiring proof'of residence in city in order to purchase fireworks, and it
didn't work, according to Dennis Revell. Vendors got in arguments with customers, and
there were no profound effects:. Potential problems: buyers getting residents buy for
them, fake Ids, inability to determine. if they live in unincorporated (county) portions of
Petaluma, and inability to assess whether they live `in the Very High Fire Hazard Severity
Zone (VHFHSZ), and litigation that may result from not selling to someone who was
eligible to purchase but didn't have proper ide'rifificatiori. The task force does not favor a
requirement to show proof Of residency in Petaluma.
State law says that arents
• — i y State prove Fireworks
Item Posting Bonds or nc ents ause ,
g
y p are responsible,,, for their ' minor ' children's actions, so
Homeowners, Insurance 'should cover damages However, that would probably only
cover damage caused under nor al.'(safe)'use; coverage ' misuse wouldn't be issued by
any insurance company. The group sees in requiring the posting of bonds.
NEXT MEETING DATES
All discussion points have been covered, so there is no need to schedule further meetings
at this time.
PROPOSALS FROM THE CITY COUNCIL MKETING AUGUST 18, 2003
(Information taken from video tape of the meeting)
CITY COUNCIL MEMBERS
Member Member Member Memher Member Mt-.mher Member
I
' For sates & use of " .& Sane" fireworks
I .
x
x
x
x
2
_.
Ran Piccolo Pete fireworks° (Petro Su6mitted)
x
I
I x
x
x
x
x
x
3'
W
1'kequ'ite ret sales staff training (Pe Submitte
x
x
x
x
x
x
x
4
1 1 - Increa - se:f i mes (Petro Submitted)
x
x
x
x
x
x
1 publicize fines (Petro Suhmitted)
x
x
x
x
x
x
A
6
lincrease enforcement of iffegaFfireworks
x
x
x
x
x
7
Have m andatory mini'mum fine, don't piead down
x
x
x
8
Opposed or existing livery
hi'gh fire hazard:5eye.rity Zone'
9
1 S ales to customers only with Petalum identification
x
x
1:0
Negotiate with the - city attorney for lower attorney
fees on fireworks, fines.
I I
More enforcement on clean-up
x
-
a- city- event sponsored :by the city
x
13 'IState
grants for illegai dollars
X :
f4
Sales and use*Iof'firewIorks only on 4th of July
x
� ell N
7 .,'
14T; � & R/T
CITY OF PETALUMA
POST OFFICE Box 61
PETALU,M'A,, 94953 -0061
David Glass
Mayor
Keith Canevaro
Mike Harris
Mike Healy
Bryant Moynihan
Mike &Brien
Pamela Torliatt
Councilmembers
•
Fire Department
198 "D ''Street
Petaluma, CA 94952
Phone (707) 7784390
Fax (707) 762 -454,7
Fire'Marsha('s Office
11 English Street
Petaluma, CA 94952
Phone; (70,7). -4389 ;
Faz (707)778-4498'', ,
-August 20,, 2003
Joe Nation, State Assembly 6` District ** John Burton, State Senate 3 District
State Capitol, Room! State Capital, Room 205
Sacramento, California 95814 Sacramento, California 95814
Dear Assemblyman Nation & State Senator,Burton,
You may have read hews Articles in the Santa'Rosa Press Democrat or the Petaluma
Argus - Courier aboathe file department's in those two cities asking for a total ban on
all fireworks within their jurisdictions.
The state and all'local governments currently ban illegal fireworks that either:
• fly'thro.ugh the air;
• move across the ground; or
• explode
Admittedly, the current,illegal fireworks, as described above, are the most dangerous
and there is easy access to .these fireworks. In the 3
to 5 day period surrounding the
Fourth of activities, many communities throughout California describe their
street's; parks, or beach.areas as "war zones ".
Why doesn't local government do something'about these illegal and dangerous
activities? They do! Local police' departments and fire'departments patrol,
confiscate, and write: citations to those people using illegal fireworks and to those
people using legal fireworks that have been illegally modified. The problem is that
these citations are misdemeanor violations,, punishable by a fine of up to $1,000
and/or six months in jail. Due to legal`and economic realities; these charges are
usually pled down to an infraction with axeduced fine. The punishment is obviously
not so severe to act as a deterrent to those who wantonly 'break this law and threaten
.entire communities with an accidental fire.
lam asking =for your assistance in increasing the penalties for the use of existing
illegal across the. or explode. lam
seeking legi 1 t on,that would require�minimum fines mandated community
serv>ce for all, offenders Repeat offenders would face more serious
financial penalties and/or jail time.
•
Illegal fireworks are a threat to the safety of all communities. Speak with ;the °fire
chiefs in: any of jurisdictions within your district and ask your peers to do the: same.
All of the fire chiefs will provide the same response: The proliferation and use of
illegal fireworks is increasing at alarming rates each year seemingly worse than the
year before: It is only a matter of time before a series of minor incidents escalates
into a; major tragedy, such as the injury or death of a child or`a major fire with
significant dollar loss.
I request that your office sponsor and/or support legislation ;increasing the penalties
associated with the use or possession of these illegal pyrotechnic devices, so as to
serve as a;reasonable deterrent: for those irresponsible people, who would by their
actions, threaten themselves, their neighbors, their communities.
'Sincerely,
Chris Albertson, Fire Chief
C: League of California Cities - CIO Gerald Simon, Fire Chief - Oakland
John- Malrapist, Executive Director - California Fire. Chiefs� Association
California State Firefighters Association C/O Ed Foster, Director
John Tennant, California, State Fire Marshal
Dan. Terry, President,— Professional Firefighters
Dennis Revell, Revell Cornmunications
October 3, 2003
Dear Assemblyman Nation and State Senator Burton,
'The fireworks - impacts local emergency service, providers
throughout the state. The Fire Service needs. legislative assistance in addressing this
-threat to our` community's safety. I am turning to -you for leadership and. guidance. I
look forward.to t opportunity of.talkingto you directly.
Chris Albertson, Fire Chief
David Glass
Mayor
Keith Canevaro
Mike'llarris
Mike Healy
Bryant Moynihan
Mike O'Brien
Pamela Torliatt
Councilmembers
Fire Department
198 ''D "Street
Petaluma, CA. 94952
Phone (707) 778 -4390
Fax (707) 762 -45.47
Fire Marshal's Office
0 11 English Street
Petaluma, CA 94952
CITY OF PETALUMA
POST OFFICE BOX 61
PETALUMA, CA 94953 -0061
November "21, 2003
Name
Address
City, California zip
Dear
On behalf of the :Fire Department, ,l want to say "thank you" for your recent
participation with the Petaluma Fireworks Taskforce.
With representatives from the fireworks industry, non -profit retailers, Police
Department, Fire Department, and the community, the Taskforce participants
approached this subject 'fromvaried backgrounds and viewpoints. The Taskforce was
able to address each of the issues raised by the City Council and even though there
was not unanimous I agreement on every point,`there was success in improving the one
thing we all desire a safer Fourth of July holiday!
On January 5, 2004 the Fire Department, will make a presentation to the City
Council, describing the' work of the: Taskforce: I hope you will be able to, attend this
meeting and be ackiiowledged for your assistance and to insure that the work of the
Taskforce is accurately reported.
Again, thank you for your valuable assistance,
Chris Albertson, Fire Chief
Phone (707) 778 -4389
Fax (707) 778 -4498