Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: SCOTT LOUGHNER, CHIEF OF POLICE
JAMES ECKART, CITY PROSECUTOR
JOHN M. FUNK, CITY ATTORNEY
DATE: OCTOBER 22, 2024
SUBJECT: DISCUSSION REGARDING ILLEGAL FIREWORKS ENFORCEMENT
AND APPLICABLE FINES
EXECUTIVE SUMMARY
The City Council will discuss the City’s enforcement of rules and regulations related to the enforcement of the unlawful possession and/or discharge of both “dangerous” and “safe and sane” fireworks within the City, including applicable fines and whether to make any adjustments to existing procedures.
RECOMMENDATION
That the City Council:
Discuss the City’s enforcement of rules and regulations related to the enforcement of the unlawful possession and/or discharge of “dangerous” and “safe and sane” fireworks within the City, including applicable fines and whether to make any adjustments to existing procedures.
BACKGROUND
At the City Council meeting on July 23, 2024, the City Council requested that the subject of increasing fines for illegal fireworks citations be agendized for consideration.
Applicable State Law
In an effort to protect the health and safety of the public, the State of California differentiates between fireworks that are deemed “safe and sane” by the State Fire Marshal, and all other fireworks that are designated as “Dangerous”.
While local jurisdictions are authorized to regulate – or completely ban, the sale, use, and/or discharge of safe and sane fireworks, cities may not prohibit the mere possession of safe and sane fireworks.
DISCUSSION REGARDING ILLEGAL FIREWORKS ENFORCEMENT
OCTOBER 22, 2024
PAGE 2
Prior to 2007, the State of California generally prohibited the possession of dangerous fireworks without a required license and/or permit, but allowed cities to regulate – or, if desired, completely ban the sale, use, and/or discharge of dangerous fireworks.
In 2007, the California Legislature adopted Senate Bill 839, modifying State law to grant local jurisdictions the authority to prohibit the possession of up to 25 pounds of dangerous fireworks within the municipal code. However, the Legislature provided that enforcement of such a local prohibition could only be done by means of an administrative fine/citation (while still authorizing criminal enforcement related to the possession of dangerous fireworks pursuant to the California Health & Safety Code).
Downey’s Prohibitions on Fireworks
The City of Downey has, in fact, enacted laws regulating the time, place, and manner in which safe and sane fireworks can be sold, used, and/or discharged, as well as laws prohibiting the possession of dangerous fireworks.
Some of the pertinent provisions of the Downey Municipal Code regulating the possession, sale, and discharge of dangerous and safe and sane fireworks are:
DMC Section 3502 – Limits discharge of safe and sane fireworks to July 4th between 3 and 10 p.m.
DMC Section 3503 – Prohibits possession of safe and sane fireworks by minors, and the discharge of safe and sane fireworks unless in the presence of a responsible adult
DMC Section 3504 – Prohibits possession and/or discharge of “dangerous” fireworks and “altered safe and sane” fireworks
DMC Section 3505 – Prohibits discharge of any fireworks on City property or public right-of-way without approval of Fire Chief
DMC Section 3506 – Prohibits the storage, display for sale, and sale of fireworks without a City permit
DMC Sections 3508 through 3513 – Provisions regulating the application and issuance of fireworks sales permits, as well as the operation of fireworks stands The Downey Fire Department is in charge of enforcing the City’s laws and regulations pertaining to fireworks booths that are authorized to lawfully sell safe and sane fireworks within the City – and public displays of dangerous fireworks, while the Police Department primarily performs enforcement duties related to the illegal possession and/or discharge of dangerous fireworks – and safe and sane fireworks discharged during prohibited times.
DISCUSSION REGARDING ILLEGAL FIREWORKS ENFORCEMENT
OCTOBER 22, 2024
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DISCUSSION
According to the American Pyrotechnics Association (“APA”), in the year 2000, approximately 102 million pounds of fireworks were used by consumers throughout the United States (not including the fireworks used for displays). Although the APA documented a tremendous increase in consumer use as a result of the COVID-19 pandemic and ensuing regulations and restrictions (with an average consumer use at approximately 412 million pounds between 2020 and 2022), consumer use of fireworks fell to 246.5 million pounds in 2023 – although that is still an approximate increase of 141% since 2000.
Local Enforcement Protocols
The Downey Police Department annually creates a “Fireworks Enforcement Team” that is comprised of approximately 10 to 12 specially assigned Police Officers that work overtime on the 4th of July to investigate and enforce violations of City fireworks regulations.
Although the Fireworks Enforcement Team generally takes a “zero tolerance” approach to its enforcement duties, it is sometimes difficult to identify those persons responsible for discharging the dangerous fireworks due to all of the activity occurring on that night.
As needed – and as available, regularly assigned patrol officers can respond to calls for service pertaining to fireworks offenses.
Administrative Citations and Fines
Historically the majority of fireworks-related violations within the City have involved dangerous fireworks – and, commencing in 2009, the City has relied primarily upon the issuance of administrative citations to enforce the City’s prohibition of the possession and/or discharge of dangerous fireworks (as well as violations relating to safe and sane fireworks).
Although the associated fine in 2009 for a first violation involving the unlawful possession and/or discharge of dangerous fireworks was $1,000, in 2013, the City Council amended the corresponding administrative fines as follows:
a) $2,000 for a first offense;
b) $2,500 for a second offense; and,
c) $3,000 for a third or greater offense.
DISCUSSION REGARDING ILLEGAL FIREWORKS ENFORCEMENT
OCTOBER 22, 2024
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By way of comparison, the fine imposed by the City of Downey for the unlawful possession of dangerous fireworks by a first-time offender in 2024 was either equal to or higher than most neighboring jurisdictions as illustrated below:
CITY FINE
Norwalk $500
Pico Rivera $1000
Santa Fe Springs $1000
Lynwood $1000
Bellflower $2000
Lakewood $2000
Paramount $2000
South Gate $2000
Huntington Park $5000
In 2024, during the peak holiday hours between 6:00 p.m. on July 4th to 2 am on July 5th, the Downey Police Department received approximately 256 calls for service – with 91 of those calls (35.5%) being fireworks-related – resulting in the issuance of 31 administrative citations. [Fines were increased, in 2013 when the Police Department received 240 calls for service, 90 of which (37.5%) were fireworks-related – resulting in 30 administrative citations being issued by the Fireworks Enforcement Team.]
Public Education Component
In addition to enforcing the City’s fireworks regulations and laws, the City conducts a unified education campaign for the public regarding the dangers of fireworks and the consequences of illegal fireworks activity.
Both the Downey Police Department and the Downey Fire Department utilize social media in the weeks leading up to July 4th to educate the public about the dangers and consequences of illegal fireworks and to ask the community to celebrate Independence Day “responsibly.”
The Public Works Department typically displays electronic signs at entrances to the City announcing that non-safe and sane fireworks are illegal and stating the fine amount.
CITY COUNCIL PRIORITIES
Fiscal Responsibility
Quality of Life, Neighborhood & Infrastructure
Public Engagement
DISCUSSION REGARDING ILLEGAL FIREWORKS ENFORCEMENT
OCTOBER 22, 2024
PAGE 5
FISCAL IMPACT
There is no fiscal impact at this time. However, increases to the City’s education and enforcement efforts related to illegal fireworks would have a corresponding fiscal impact.