EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: June 21, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Patrick Heisinger, Interim City Manager
SUBJECT: Consideration of a Fireworks Urgency Ordinance Recommendation
It is recommended that the City Council adopt urgency Ordinance No. 8.20 prohibiting fireworks and setting forth the facts constituting such urgency.
Background
Every year, beginning several weeks before the Fourth of July holiday weekend, East Palo Alto residents are besieged by fireworks as a public nuisance. Detonation of fireworks in the City of East Palo Alto has the potential at any time to create injury or property damage, and cause significant distress to both humans and pets who are sensitive to the noise and flashing light of these devices. Additionally, during a period where this region has experienced significant damage from fires of various causes, coupled with predicted low- moisture conditions and other environmental factors making fire risk very high now and in future years, the potential for damaging and dangerous fires caused by fireworks is very real and very predictable.
As what is predictable can often be preventable, the attached urgency Ordinance No. 8.20 is designed to provide an immediate enforcement tool to East Palo Alto authorities which can hold those endangering our public directly accountable, and the attached urgency ordinance amending Chapter 8.20 will provide for the City’s ability to continue to enforce this accountability in the future.
Analysis
Historically, police and fire officials responding to and proactively encountering fireworks complaints have had limited authority for enforcement based on State Codes. However, the Health and Safety Code does allow for individual jurisdictions to create our own ordinances to streamline the accountability process. The urgency Ordinance No. 8.20 provides the City of East Palo Alto with a local tool to protect our community and hold accountable those who may endanger it. Penalties pursuant to this new authority include nuisance abatement authority pursuant to existing Municipal Code Chapter 8.20, fine of $1000, and misdemeanor criminal penalties of fine and imprisonment. The ordinance also allows civil collection to recover expenses from city resources utilized to respond to repeated violations.
There are two components to this measure - first, an urgency ordinance is needed to provide immediate enforcement tools in advance of this coming July Fourth holiday - an ability to cite violators of this ordinance for the sale or use (firing, discharging or burning) of fireworks, and to provide a civil remedy to reimburse costs for any response required for a second or subsequent violation of the ordinance. Second, adoption of the ordinance is needed to ensure an enduring ability to enforce against this potentially dangerous activity for subsequent fireworks seasons to come.
Fiscal Impact
There is no fiscal impact.
Public Notice
Standard.
Environmental
Standard.
Attachments
1. East Palo Alto Fireworks Ordinance