Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: JOHN M. FUNK, CITY ATTORNEY
DATE: DECEMBER 10, 2024
SUBJECT: ADOPTION OF RESOLUTION AMENDING THE ADMINISTRATIVE
FINE SCHEDULE FOR FIREWORKS-RELATED VIOLATIONS OF THE
DOWNEY MUNICIPAL CODE
EXECUTIVE SUMMARY
The City Council will consider adopting a Resolution to increase the administrative fines for fireworks-related violations of the Downey Municipal Code in an effort to further protect the health, safety, and welfare of the community by punishing persons who illegally possess, store, or discharge fireworks within the City and deter such unlawful action.
RECOMMENDATION
That the City Council:
Adopt Resolution No. 24-8285, amending the Administrative Fine Schedule for fireworks-related violations of the Downey Municipal Code.
BACKGROUND
Since September 2008, the City of Downey has utilized an administrative citation process that allows the Police Department, Code Enforcement Division, and other enforcement officials to impose administrative fines upon persons who violate provisions of the Downey Municipal Code.
In an effort to protect the public health, safety, and welfare, the Downey Municipal Code regulates the possession, storage, sale, use, and discharge of fireworks, inclusive of safe- and-sane and dangerous fireworks. Since 2007, the City has utilized the administrative citation process in an effort to both deter unlawful fireworks-related activities as well as to punish those persons who violate the City’s laws regulating fireworks.
DISCUSSION
Despite the City’s enforcement efforts, the City continues to see a significant amount of illegal usage of fireworks surrounding 4th of July celebrations. Approximately 35.5% of
RESOLUTION AMENDING THE ADMINISTRATIVE FINE SCHEDULE FOR FIREWORKS-RELATED
VIOLATIONS OF THE DOWNEY MUNICIPAL CODE
DECEMBER 10, 2024
PAGE 2
the calls for service on July 4, 2024, between the hours of 9 p.m. to midnight, were fireworks related.
At the City Council meeting on October 22, 2024, in response to a City Council inquiry, Staff presented a report to the City Council providing different options to allow the City to better address and enhance fireworks safety within the City. While recognizing the customary use of fireworks to celebrate our nation’s Independence Day, the City Council expressed continued concerns regarding the dangers presented by the illegal use of fireworks.
As a result, the City Council directed Staff to present an amendment to the Administrative Fine Schedule increasing the administrative fines for fireworks-related violations in an effort to deter illegal fireworks activities. The attached Resolution reflects the increase in fines that was discussed and requested by the City Council, specifically a doubling of the current amounts resulting in the following:
Code
Section
(DMC)
Description of Violation First
Offense
Second
Offense
(in
36-
month
period)
Third
Offense
(in
36-
month
period)
Article III (“Public Safety”)
Chapter 5 (“Fireworks”)
3502 Discharge of Safe-and-
Sane Fireworks During
Prohibited Dates and Times
$500 $1000 $2000
3503 Possession of Fireworks by
Minor; Discharge of Safe-
and-Sane Fireworks
Outside Presence of
Responsible Adult
$500 $1000 $2000
3504(a) Possession or Discharge of
Dangerous Fireworks (25
lbs. or less)
$4000 $5000 $6000
3504(b) Possession or Discharge of
altered Safe-and-Sane
Fireworks
$4000 $5000 $6000
3505 Discharge of Fireworks
Upon City Property or
Public Right-of-Way
$500 $1000 $2000
3506 Storage of Fireworks
Without Permit; Sale, Offer
for Sale, or Display for Sale
at Retail Fireworks Without
Permit
$4000 $5000 $6000
RESOLUTION AMENDING THE ADMINISTRATIVE FINE SCHEDULE FOR FIREWORKS-RELATED
VIOLATIONS OF THE DOWNEY MUNICIPAL CODE
DECEMBER 10, 2024
PAGE 3
Notwithstanding the City’s customary use of administrative citations to address illegal fireworks usage, the Downey Police Department would still retain the discretion to seek the filing of criminal charges in lieu of the issuance of an administrative citation in those instances where the circumstances merit such action.
CITY COUNCIL PRIORITIES
Quality of Life, Safety, and Infrastructure
FISCAL IMPACT
Approval of the recommended action could result in additional revenues to offset fireworks-related enforcement efforts by the Police Department and other enforcement personnel.
ATTACHMENTS
Attachment A: Resolution No. 24-8285
RESOLUTION NO. 24-8285
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DOWNEY AMENDING THE ADMINISTRATIVE FINE SCHEDULE
FOR FIREWORKS-RELATED VIOLATIONS OF THE DOWNEY
MUNICIPAL CODE
WHEREAS, on September 23, 2008, the City Council of the City of Downey adopted an Administrative Citation Ordinance (enacted as Chapter 4 of Article I of the Downey Municipal Code) that establishes a process for imposing administrative/civil fines for violations of the Downey Municipal Code (and other technical codes adopted therein); and
WHEREAS, Downey Municipal Code section 1406(a) provides that the amounts of the administrative fines shall be set forth in a schedule of fines established by resolution of the City Council; and
WHEREAS, Downey Municipal Code section 1406(a) further provides that the City Council may, by resolution, also impose escalating fines in amounts it deems appropriate for repeat offenses of the same ordinance; and
WHEREAS, according to the United States Consumer Product Safety Commission 2023 Fireworks Annual Report, an estimated 9,700 fireworks- related injuries were treated at United States hospital emergency rooms in 2023, with 8 resulting in death; and
WHERAS , in 2023, an estimated 42% of the injuries were burns, consisting of 22% to the head, face and ears, 19% to the eyes, 35% to hands and fingers, and 19% to the trunk, legs, and other parts of the body; and
WHEREAS, according to this report, the highest rate of injuries in 2023 were for children aged 15-19 and the second highest for children aged 5-9; and
WHEREAS, SB 839 mandates the amendment of any ordinance of a local jurisdiction in effect on or after January 1, 2008, that is related to dangerous fireworks to:
• Include provisions for cost reimbursement to the Office of the State Fire Marshal and the collection of disposal costs as part of an administrative fine; and
• Provide that fines collected pursuant to the ordinance shall not be subject to the disbursement required by section 12706 of the California Health & Safety Code; and
• Limit the prohibition on the possession of dangerous fireworks to those persons who possess 25 pounds or less; and
Resolution No. 24-8285
WHEREAS, the State of California also authorizes local government to regulate the sale, use, and/or discharge of fireworks (both dangerous and “safe- and-sane”); and
WHEREAS, Chapter 5 of Article III of the Downey Municipal Code regulates the possession, sale, use, and discharge of fireworks (both dangerous and safe-and-sane); and
WHEREAS, the City of Downey has a substantial interest in promoting compliance with the federal, state and local laws intended to safeguard the members of the community, especially protecting children from being influenced by the misconduct of adults; and
WHEREAS, the City of Downey recognizes that all fireworks, including those designated as “Safe and Sane,” create potential hazards to the public health, safety and general welfare; and
WHEREAS, the City Council wishes to amend the codified administrative fine schedule to increase the administrative/civil fine amounts for violations of Chapter 5 (Fireworks) of Article III of the Downey Municipal Code (Public Safety); and
WHEREAS, the City Council also wishes to maintain the applicability of increased administrative/civil fines for fireworks-related violations for a 36-month period (rather than a typical 12-month period) due to the seasonal nature of these violations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
DOWNEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The most recently adopted “Schedule of Administrative Fines” for violations of the Downey Municipal Code is amended as follows:
SCHEDULE OF ADMINISTRATIVE FINES FOR VIOLATIONS OF DOWNEY MUNICIPAL CODE ARTICLE III, CHAPTER 5 (“FIREWORKS”)
Code
Section
(DMC)
Description of Violation First
Offense
Second
Offense
(in
36-
month
period)
Third
Offense
(in
36-
month
period)
Article III (“Public Safety”)
Chapter 5 (“Fireworks”)
Resolution No. 24-8285
3502 Discharge of Safe-and-
Sane Fireworks During
Prohibited Dates and Times
$500*† $1000*† $2000*†
3503 Possession of Fireworks by
Minor; Discharge of Safe-
and-Sane Fireworks
Outside Presence of
Responsible Adult
$500*† $1000*† $2000*†
3504(a) Possession or Discharge of
Dangerous Fireworks (25
lbs. or less)
$4000*† $5000*† $6000*†
3504(b) Possession or Discharge of
altered Safe-and-Sane
Fireworks
$4000*† $5000*† $6000*†
3505 Discharge of Fireworks
Upon City Property or
Public Right-of-Way
$500*† $1000*† $2000*†
3506 Storage of Fireworks
Without Permit; Sale, Offer
for Sale, or Display for Sale
at Retail Fireworks Without
Permit
$4000*† $5000*† $6000*†
* In addition to the fine referenced in this schedule, a citee shall be assessed, and shall be liable and responsible for the payment of, the actual costs associated with the collection, transportation, and disposal of any seized fireworks, in accordance with regulations duly adopted by the State Fire Marshal.
† Fines collected for violations of Article III, Chapter 5 shall not be subject to the disbursement required pursuant to California Health and Safety Code section 12706.
SECTION 2. This Resolution shall take effect immediately upon adoption.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this ____ day of December, 2024.
MARIO TRUJILLO
Mayor
Resolution No. 24-8285
ATTEST:
MARIA ALICIA DUARTE, CMC
City Clerk
APPROVED AS TO FORM:
JOHN M. FUNK
City Attorney
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular meeting held on the ____ day of December, 2024, by the following vote, to wit:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
_____________________________
MARIA ALICIA DUARTE, CMC