HomeMy WebLinkAboutAgenda Bill Presentation 09/21/2009---
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JULY 4, 2009
FIREWORKS
AFTER-ACTION
REPOdZT
Prepared by:
Petaluma Fire Department
Fire Chief Larry B. Anderson
Interim Fire Marshal Cary D. Fergus
DATED: September, 2009
CITY ®F PETAI.YTIVIA, ~,AI..IFORNIA
A SgE77P~7TE gMBER 21, 2®09'
C~TY ~®~C~~ ~~i~~l\T~T~®1®
FETAI.LTNIA FIRE DEPARTIVIEI~~'
Jul.,x 4, 2009 FIREW®RKS AFTER-ACTI®I~T REP®RT
SECTI®N I
~ACKGIZ®iJNI):
During the June 1, 2009 City Council meeting, the Petaluma Fire Department provided a
comprehensive Education and Enforcement Plan pursuant to the December 15, 2008 Agenda Bill
and Report for 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 Code
Standards Code, Title 24, Part 9, 2007 California Fire Code, Regarding Regulation of Fireworks
Sales and Discharge in the City. Section 3309.1.1 was added as follows:
Reports to Council:
a. ®n an annual basis, before June 15`h of each calendar year, the Fire Department
will prepare antl provade to the City Council an Education and Enforcement plan.
The plan will include the following:
1. Education and enforcement program to be implemented in a given year.
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 ofthe education and enforcement plan.
2. Relevant incident statistics for the period June 17`" through July 16`".
This After-Action Report is intended to provide a comprehensive assessment/evaluation of the
success or failure of the Education and Enforcement Plan. We will be providing all the relevant
incident statistics for the period June ] 7`" through July 16`" per the paragraph above.
For the purposes of this presentation, the following definition of "fireworks" is still relevant in
evaluating our success this year:
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.
This year's Enforcement and Education plan was geared towards targeting illegal fireworks use
and utilized education, engineering, and enforcement options referred to as the " 3E's". Our
theme this year was:
** Don't Get burned -Steer Clear of Iflle~al Firew®rYcs! **
The highlight of our " 3E" approach was as follows:
Education
® Distribution of fireworks safety informational flyers and posters;
o Utilization of a movie short entitled "Don't Get Burned" which aired at the local theater
during the months of June and July (expected to reach approximately 112,000 people).
® Distribution by mail a letter to residents in the High Fire Hazard Severity Zone that NO
fireworks are allowed (approximately 22061etters were mailed via USPS);
® Utilization of the Hwy 101 Auto Mall Electronic billboard to flash a safety message
(Zero Tolerance for Illegal Use) from June 15°'-July 4th;
® Worked cooperatively with other jurisdictions for placement of a half-page ad in the
Press Democrat listing the areas where fireworks are legal and illegal;
® Issued timely press releases with local Police; and
® Utilized Distributor TNT Fireworks resources to strategically place "Ouch/$1,000" yard
type signs throughout Petaluma.
En~ineerin~
® Shortened sale days from 6.5 to 4 and use days from 6.5 to one (1);
® Time of use was limited to 10:00 a.m. to 11:00 p.m. on July 4~h only;
® Made it unlawful for minors to use Safe and Sane fireworks and limited discharge on
others' properties; and
® Utilized the "Zero Tolerance" message about illegal fireworks at all booths.
T.nfnxcerraev~t
® Utilized the administrative citation process with $1,000 fines for illegal fireworks use and
graduated penalties of $250-$1,000 for the misuse of legal Safe and Sane fireworks; and
® Fielded four (4) two-person combined Police and Fire enforcement teams on July 4th
from 6:00 p.m. to 12:OO.a.m. and also fielded one (1) team on July 3`d.
2
Financial Impacts.
® The cost of our " 3E" approach was funded .by fireworks .manufacturers/distributors (TNT
and.Fhantom Fireworks) and booth operators. With 19 booths this year at $692 per
booth, fireworks operators provided approximately $13., L48' in .funds; providing full cost
recovery for educational materials,. enforcement. teams,. and: inspection and regulation
efforts.
Perfornaance:lVleasureffients Z'bat Will Identify Success or Comlplelion:
® Begin. implementation of the education campaign in late May and June;
® Send flyers and notices to target neighborhoods identified last year with illegal
f reworks problems;
® Conduct community policing of the target neighborhoods during the daylight hours
on the 4t" of July .and utilize "After Dark" enforcement teams to respond to calls for
service specifically related to fireworks use;
® Track number of calls for service (from dispatch and complaints through the FMO);
® Track the number of administrative citations issued for- "Safe and Sane";
m Track the number of administrative citations issued for illegal fireworks use;
® Byno later than the last .day of September, annually, the Fire,Marshal will provide the.
City Council with a Fi"reworks After-Action Report. The-Report will track relevant
incident statistics for the pe"riod June 17t" through,July 16t" and comment on the
program's successes and/or failure of the education and enforcement plan.
SECTI®IV II
JULY 4,2009 FI~WORKS AF'I'EIZ-ACTION REPORT
We are, provided. herein :our assessment and7or comments of'the relative success or failure of
each of`the following categories:
Education•
As previously noted,, we conducted a massive educational campaign which emphasized
stret.enforcement ofthe $1,000 fine and included utilization of the Hwy 101 Auto'Mall
sign; the Cinema movie short, the TNT "Ouch Campaign", and the school :f reworks
safety brochures. We believe these efforts made an impact. Limited days of sales and
allowing only one day of use also had a signfcant.impact on reducing fire activity before
July~4`"
Outcome: Oyerah,good success with general population and children.
® We have .identified one segment of the population we were apparently unable to reach by
our edu. rational campaign and that consisted.of non-residents or visitors to the City
and/or County who used legal and~illegal fireworks on both public and private property.
This was documented by issuing. eight (8) of fourteen citations to individuals from "out of
3
county" (this issue is discussed again in the Sumrriary section). In general, citations were
issued. to "younger" males between the ages of 2'6.and 49.
®utconae: )E?ailed; a, significant~~°nuffiber.®f•people froffi outside tlhe Petaluffia area
were either not reaclDedl~y our education;efforts•or"si~aplychose to .ignore the stated
va~rnings 'and used illegal fireworks on pa-vate parking.lots, private property, and in
soffie cases, public :property. y ~ .
En~ineerin~•
® Because'we had significantly reduced call volume_and few fires prior to July 3rd and 4tn~
restricted sales days made~a significant difference. This allowed our limited resources to
deal with "routine" emergency calls and reduced-~time when we would otherwise have
been "stretched thin". See the following Fire Activity Report and Historical Data tables.
In our opinion, the significant work and effort put forward by the Fire Chief and members
of the Fireworks Task Force to revise Petaluma's `Fireworks Ordinance (reducing the sale
and use days) made a aignf eantly positive impact when compared to last year.
®utcome: Successful.
Firework Booths:
This year we had eghteen.(18) permitted "non-profit" and one (1) grandfathered "for
profit" booth for a total of nineteen (19) booths. Petaluma's Firework Ordinance allows
up to 22 booths and in previous years we've had between 18 and 21 booths. All booths
received inspections and were. issued operating. permits. N'o violations of State or local
regulations were. observed or reported.
®utcoane: Coffipliance• achieved.
Pre-July 4~h I~Y'eetin~sLSpecial Concerns/'I'actical ®biectyes:
Several meetings were held. prior to July 4`h which involved Police, Fire, Parks
Department, and Fairgrounds personnel to identify areas ofresponsibility, identify
problem neighborhoods; clarify overall objectives, and develop a comprehensive tactical
plan. In addition,. the Fire.Marshal corresponded with the State Fire Marshal and
developed an agreement/policy which allowed local. agencies (Petaluma Police and Fire)
to issue citations on State=controlled property. Police and Fire agreed there would be no
warnings for illegal. firework- use and citations would be issued.
OutconDe: Good coordination between agencies:, (Parks, Fire, Police, State).
High =Fine Severity: Zone:
We sent out a rriass mailing to :approximately 220:6 owner/occupants located within the
HFHSZ in mid-to late June. The list was comprised of owners who may or may not
reside at an address located within the HFHSZ, as well as to their tenants/renters should
the owners reside, at a different location. This list ncluded,about 25 City of Petaluma
parcels as well. While we did :have a few calls''>for service, we did not have any incidents
of note nor were any citations issued in the HFHSZ.
®utcoffie: Successful; low.f>rework activity in this area.
4
Identiffied Previous Years -Problem Areas:.
® Fairgrounds Parkingl.otc One of our. main goals this.year,was o deal with the
fireworks problem in°the Fairgrounds parking lot. In past years, this liar been described
as; a "war zone". Police agreed to add both. motorcycle and patrol staff to this area.
Enforcement teams were. also assigned "to this'area as'fheir "initial assignment" and
remained present as long ~as needed. The Parks. Department agreed to posh signs
indicating that N0 FTREWORKS were allowed,along with the $-1,000 penalty amount.
'The effort to control.the Fairgrounds parking lot was successful:due to a strong initial
police showing and signage from Parks (with the $1:,000 fine signs as a deterrence). We
were able, tg control and eliminate 99% of fireworks activity early on and this allowed
our combined police and: fire teams to be released to patrol other designated
neighborhoods.
®utcome: Very Successful; `no fireworks activity in this area.
® Problem Neighborhoods: In the past, certain neighborhoods were identified as having
high illegal fireworks activity and we agreed it would be best to locate enforcement teams
in these areas. It should be-noted that we had planned for three (3) enforcement teams this
year, but were able to utilize a fourth enforcement team (consisting of one police officer
and one .code enforcement officer) to patrol- other neighborhoods once they were released
from the Fairground parking Tot. As noted in the next section, we had a total of 88 calls
(July 3~d and 4`") for service/complaints. and enforcement teams were only able to respond
to 45 calls with 13' citations issued (Note,: one-additional citation was. issued on August 8`"
for a total of 14 citations). In many cases, legal fireworks activity masked illegal
fireworks activity at larger street=type parties and other areas. As an example,
someone would shoot off a "round" of illegal fireworks and then go back to using legal
fireworks. This was observed by the enforcement teams many times and it also made the
issuance of citations more difficult. We also suspect that many aerial-type fireworks
were launched from backyard areas
®utcome: iJndetermined/I;i~aited Success; 1~4 total citations issued but numerous
illegal fireworks events reported.
Enforcement Effort: Police/1+ire:Enforcement'Tcams Statistics:
In 2008, enforcement teams consisted of'Fire Inspectors only and no citations were
issued. , In 2:009, we went back to fielding police/fire enforcement teams for July 3~d and
July 4`". Events and calls for service/complaints leading up to July 4`" were signif cantly
down due to, restricted sales days and only one day of use (July 4`").
T.he following statistics. were compiled for the July 4'" reporting period:
Priorto July 1st: Very few events; ffiinor.
July 3rd.: One (1) enforcement team (working from 8:00 p.m. to 12:00 a.m.). No citations
were issued. There were eleven (11) calls for service/complaints recorded.
®utcome: Relatively ,quiet with some illegal;activity noted.
® July 4~n: Four (4) enforcement teams (from. 6:00 p.m. to 12:00 a,m.). A total. of 13
citations were'issued'durin~ the-holiday'period. There were twelve (12) $1,000
citations issued for illegal fireworks and one (7) $250 citation, issued for misuse of "safe
5
and sane". The total amount cited-equals $12,250. `I')Eiere were seventy (70) calls for
service/coffiplaints. Significant illegal ,fireworks use was observed throughout Petaluma
by both enforcement steams and private citizens. Petaluma.Fire Department engines also
responded to calls .for service when enforcement teams were overwhelmed. Engine
companies did not issue citations and were instead used to deter illegal activity and
provide information for enforcement teams.
® The total police/fire overtime cost was $8,251 (paid by firework enforcement fees).
® July Stn: Three (3) calls for service/complaints:
® August stn: One (1) $1;000 citation was issued bringing the total to date to $13,250.
FI I1~CII)ETS IN 'I'~IE C~'I'Y OI+' ~ETAI.,IJI~
Y6~'Y' ®IJGII ~7IY 17, 20®91
For some of the fires listed below; fire crews could not determine a specific cause. These fires
are included.in the statistical total because they occurred during the time frame in which we track
this type of fire activity in Petaluma.
.Date Incident # Location
6/23/09
6/23/09
6/28/09
7/01 /09
7/02/09
7/03/09
#2469 N. McDowell & Sunrise
Center divide fre (small)
#2475 201 Fair Street (PHS)
Small vegetation fire
#2536 ~ E: Washington/Maria
Creek .fire; small vegetation
#2581 575 McDowell. Blvd. N
Median fire; small vegetation
#2602 Water Street
Vegetation fire
#26.17 Hwy 101 S; Just N
of Lakeville Range
Brush fire
Property Loss
-0-
-0-
-0-
-0-
-0-
-0-
7/04/09 #2638 Caufield & Payran
-Brush fire
0
Cause
Undetermined;
Poss. Cigarette
Suspected
Illegal FWs
Undetermined;
Possible FWs
Undetermined;
Poss. Cigarette
Illegal FWs
(Phantom)
Undetermined;
Possible FWs
Suspects
throwing fire
crackers;
Illegal FWs
~ This data does not include median fires on Highway 1.O1, or median fires on Sonoma Mountain Parkway
where cigarettes are suspected. It also does not include.other grass. fires where the fire cause was
positively identified as other than fireworks.
6
Date Incdent.# Locattaon
7/04/09 #2648 N/A
.Dumpster fire
7/04/09 #2671 ~ Lucchesi Park
Pipe bomb
Prope>riy Loss
-0-
$5,000
7/04/09 #2679 Golden Eagle Parking Lot - 0 -
Trash .fire
7/04/09 #2683 Corner of F & 10`" - 0 -
Debris fire
7106/09 #2713 Sonoma Mtn Parkway - 0 -
Median fire
Ouse
Legal FWs;
"Ground
spinners"tossed
in bottom of
dumpster
Serious injury;
homemade
pipe bomb;
PD, Fire, Bomb
Squad response
Legal FW;
Fountain-type;
Improperly used
on private prop.
Accidental
discharge of
legal FWs
Intentional;
Juveniles;
Possible FWs
Fireworks Activity 2004 2005 2006 2007 2008 2009
Calls for Service 243 (l24 on .the 4`~) 171 (94~ on the 4`~) ] ~5l (112 orrthe:4`~) l 72 (1 ] 5) N/A 88
Citations Issued 15 (3 juveniles) ~ 1;0 (2 juveniles) 11 (l juveniles) 8 (no juveniles) N/A 14 (no juveniles)
Warnings Issues No Stats Gathered 18 1 I ~ 14 N/A N/A
Total Overtime Hours ] 18 52 78' 84 N/A 72
Weight Confiscated 60 lbs 40.Ibs 45 ]bs 40 lbs N/A 60 ]bs
Response $o Fire
Iinci~ien"ts 2003 2004 2005 2006 2007 2008 2009
Grass Fires 10 5 5 1 1'* 10 N/A 6
Dumpster/Trash Fires 5 2 3 3 4 N/A 3
Structure~Fires 0 0 0 0 0 N/A 0
Other ~ 0' 3 1 5~ 0 N/A 0
Fire Loss < $100 /,
incident < $1:00 /
incident < $100 /
incident < $100 /
incident < $100 /
incident N/A <$100
incident
7
Special Concerns:
As previously mentioned, we had a significant influx of "non-residents" entering Petaluma on
July 4t"'who used both legal and.'illegal firework's. We wrote eight (8) of fourteen (14) citations
to "non-residents" who lad mostly traveled from Marin County where no fireworks are allowed.
We also_had numerous private parking lots-that were "occupied" by fireworks users. We believe
that most of the people were using "safe and sane" but we also received reports that. illegal
fireworks were being used and our enforcement efforts were hampered by the "masking effect"
of the safe .and sane fireworks use. Technically, citizens shouldn't have been using any
fireworks in priyate~parking lots, but :due to the sheer number of occurrences; it would have been
counterproductive to take enforcement action.
Another area of concern (surprisingly) was the fact that 90% of the confiscated illegal fireworks
were manufactured by either Phantom or TNT (distributors used by our booth operators for the
purchase of their safe and,Sane fireworks). Typically, these illegal fireworks are obtained in
other states and transported illegally -back over the California border and sold on the Internet.
We also had one report of a purchase .occurring in Chinatown (San Francisco). Our fire
investigation following the Water Street fire documented that the grass fire was caused by an
illegal Phantom firework. After this fire, all Phantom fireworks booths were checked to make
sure they all contained only safe -and sane fireworks and we verified no illegal fireworks were
being sold. We are confident that our local TNT and Phantom distributors only distribute the
allowed safe and sane fireworks and are not directly connected to -any illegal fireworks sales.
Non-Profit ®verview:
This year we had eighteen (18) non-prof t fireworks booths: and one (1) "for profit" booth.
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".
See Chapter 2: Definitions -Affiliated Organization and Non-Profit (provides framework for
how organizations are to be defined) and Section 3309.1-Section 12 -Qualified Applicant
Reporting Requirements (requests gross sales information).
To this end, we sent out letters to booth operators requesting information on gross and. net sales
and to verify the elements of the current fireworks ordinance. For 2009, gross fireworks sales
for'I'N'I' and Phantom were reported to be-$376,870 ($326,392 TNT and $50,478 Phantom).
Total net sales for the 18non-profit booth operators were about $1'50,835 after all,expenses. It
was reported that gross sales were down about $12,000 and net sales were down about
$6,000 for 7 NT fromthe 2008 year. ®verall, this is about a 35% decrease in .sales revenue
from the previous year. Please note this is averaged over all the booths and some had a much
higher percentage decrease than others.
Based on the responses we've.received to our letter, (as of this date 10 booth operators have
responded),. we've determined that non-profit groups are supporting a variety of important
services throughout the community, including support for a traveling baseball team, scholarships
for ballet and. chorus organizations, supportive financing for Casa Grande Band/Cheerleaders and
Petaluma Valley Little League, coverage of non-profit organization operating expenses, and
canned food drives. In addition, McDowell Drug. Task Force had many projects: and programs
ranging from high school senior scholarships, Project Graduation, COTs Children's Haven and
Red Ribbon Week just to name a few.
8
Summary Report°:on, the Success .or F~alure of the Education and Enforcement Plan:
® In general, we believe our education program, was successful in reaching children in
Petaluma. We also strongly believe=that the reduction in saTes.and use days resulted in a
reduction of fire activity before July 4`". It is our opinion the reduction in sales days did
not gnificantly 'impact overall' gross sales and a 3:5% reduction.-could also be attributed
to "the economy and people making'the decision not. to buy f reworks or, making the
wrong decision and buying:ill'egal.fireworks.
One of our "big successes'.' was controlling fireworks activity in the Fairgrounds parking
lot. Pre-planning, sgnage and a strong enforcement effort in this area contributed to this
success.
® We have added the "non=profit" report this year so the City Council>can be fully
informed on all aspects of the program. About $150,000 .goes back into the community
to support. many worthwhile programs.
® Illegal fireworks activity in Petaluma continues to pose a significant fire risk to the
' y. to use dangerous and
cornmunit Some Petaluma residents and non-residents continue
illegal fireworks within the City limits. The "one dayof'use" and "four days of sales"
contributed to fewer fires .prior to July 4`h and allowed our four (4) police/fire
enforcement teams a chance to curb the illegal activity:
9
;, .
' 10
August 1.7,.2009
«Contact»
«Organizaton»
Address»
«City_State_Zip»
Subject: Non-Profit Fire~vo"rks Fundraising
Organization: «Organization» .
Pursuant to the City of Petaluma's Fireworks Ordinance, and to assist
with our Department's upcoming reporting. to the City Council of this
year's fireworks, season, we are requesting that your group provide the
following- information,. Your response will lie 'kept co~dential and
will be used as a tool to evaluate and modify our~program.
1) Is your group's principle, and permanent meeting place within
the City of Petaluma? If yes, please provide details. If no,
please proyde,an explanation.
2) Does your organization provide direct and regular community
services and' benefits to :the residents of the :City of Petaluma?
Provide a detailed account of your 2008 activities along with
an example of expenditures (i.e., "We provided six (6) $1,000
scholarships to graduating seniors of`Petaluma High School").
3) For the year 2008, please indicate the total gross and net sales
for each firework booth your group operated and an account of
how the funds were spent.
4) Does your :organization qualify as a "non-,profit organization"?
Please specfy•whether your group is a. nonprofit association, a
charity or corporation. organized primarily for veterans,
patriotic, welfare, civic betterment, educational, youth
development. or an organization for charitable purposes as per
Internal Revenue Code .Section 501(c)3, 4, 6, 7, 8, 10, 19, 23 or
26, Section 501 (d), Section 501(e); or which has been issued a
tax-exempt certificate as required under the Revenue and
Taxation Code of the State of California; or as outlined in
Petaluma City Ordinance No. 220 N_C.S.?
5) Does your organization. have. at least 20 members who, when
combined,~either (1) reside in the City of Petaluma, (2) are
emplgyed by the City, or~ (3) are owners/operators of a business
or other establishment located within the City of Petaluma?
6) Please provide your gross sales for 2009, as well as a detail of
- how-you; anticipate using the funds earned.
Your .expedited response to these questions is appreciated and will be
used to evaluate next year's applications, We ask that you please
provide your responses in writing by:Wednesday, September'2, 2009.
Again, all responses will be kept confidential'.
Thank you for your cooperation. Please contact me should you have
any questions.
Sincerely,
Cary D. Fergus
Interim Fire Marshal
cc: Fire Chief Larry Anderson
September 3, 2009
«Contact»
«Organzation»
«Address»
«City_State_Zip»
Subject: Non-Profit. Fireworks Fundraising
Organization: «Organization»
It appears- you ..have not yet responded to our letter dated August 17,
2009 requesting "Non-Profit Fundraising" information. The due date
was September 2, 2009. Please assist our office. by providing the
requested information no later than September 9, 2009. Failing to
provide the requested information could' result in further investigation
to assess whether or not your agency i`s in compliance with the
requirements specified in Petaluma's Fireworks Ordinance.
If you need °another copy of the letter, please call the Fire Marshal's
Secretary, Suzie Terry, at (70.7) 778-4389. Thank you for your
cooperation.
Sincerely,
Cary D_ Fergus
Iriterim ..Fire Marshal
cc: Fire Chief Larry Anderson