Communications 02-14-24 — Elk Grove City Council, February 14, 2024

COMMUNICATIONS

IN RELATION TO THE

CITY OF ELK GROVE
FEBRUARY 14, 2024

REGULAR MEETING

-----Original Message-----
From: Dennis Revell
Sent: Monday, February 12, 2024 12:29 PM
To: Bobbie Singh-Allen <[email protected]>; Rod Brewer <[email protected]>; Darren Suen <[email protected]>; Kevin Spease <[email protected]>; Sergio Robles <[email protected]> Cc: Jason Lindgren <[email protected]>; Jason Behrmann <[email protected]>; [email protected]; lantzrey@csdﬁre.com; feliperodriguez@csdﬁre.com; Ryan Huber <[email protected]>; Darren Wilson <[email protected]>; Jonathan Hobbs <[email protected]> Subject: City Council Mee�ng /Wednesday, February 14, 2024/AGENDA ITEM NO: 9.3/ Receive informa�on and provide direc�on regarding enforcement eﬀorts against illegal ﬁreworks Importance: High

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[EXTERNAL EMAIL]

February 12, 2024

The Honorable Mayor Bobbie Singh-Allen and

Members of the City Council

City of Elk Grove

8400 Laguna Palms Way

Elk Grove, CA 95758

Re: City Council Mee�ng

Date: Wednesday, February 14, 2024

Time: 6:00 pm

Agenda Item: REGULAR AGENDA ITEMS / RECOMMENDATIONS

ITEM NO: 9.3

Receive informa�on and provide direc�on regarding enforcement eﬀorts against illegal ﬁreworks

Our Client: TNT Fireworks

Posi�on: Support Staﬀ Recommenda�ons

Dear Mayor Singh-Allen and Councilmembers,

As you may know, since 1989 Revell Communica�ons has served as the public rela�ons/public aﬀairs representa�ve for American Promo�onal Events, Inc. (TNT Fireworks), the state’s leading wholesale distributor of State Fire Marshal- Approved Fireworks. We assist TNT Fireworks with its community liaison ac�vi�es as well as with the development and implementa�on of both local and statewide Fireworks Safety & Educa�on Programs that it coordinates and/or underwrites in conjunc�on with local and state ﬁre departments and law enforcement agencies. We also assist our client as well as the State of California and many local communi�es with the collec�on, tabula�on and analysis of local ﬁre and injury data as it relates to illegal, state-approved and unknown ﬁreworks and act as a resource library for those same en��es on emerging enforcement and public educa�on techniques throughout the country as we all batle with the growing menacing problem of illegal ﬁreworks. (For further general informa�on please see the atached “If You Are Not Part of the Solu�on, You Are Part of the Problem
<
htps://linkprotect.cudasvc.com/url?a=htps%3a%2f%2fwww.dropbox.com%2fs%2fxdk86wwxezrg3bj%2fIf%2520you%2 520are%2520not%2520part%2520of%2520the%2520solu�on%2520you%2520are%2520part%2520of%2520the%2520p roblem.PDF%3fdl%3d0&c=E,1,jjCR0C1JB0SVYl373VkOycfEWhd_2Hdm1ZIHgYREPeLLqeB3Zfc8Pyvf2PpWrvhLtUIetLqGr0w IzH5qmYfJPg1KqOiBDmu88Re8X8czVg,,&typo=1> !!”).

Regretably, due to a prior commitment I will not be able to atend this Wednesday’s City Council mee�ng. Therefore the purpose of this communica�on is to voice both our support for staﬀ’s recommenda�ons moving forward for 2024, more speciﬁcally, we support:

* Increasing the city’s administra�ve ﬁnes to $1,000 per viola�on; * Clarifying and strengthening exis�ng language to allow administra�ve cita�ons and ﬁnes to be issued to the property owner or responsible person where illegal ﬁreworks are set oﬀ or where a group is gathering and using illegal ﬁreworks; and
* Increase promo�on of the exis�ng annual illegal ﬁreworks amnesty program.

I would also like to oﬀer some construc�ve sugges�ons for your City Council and the Elk Grove City Staﬀ to consider as adjustments to those recommenda�ons which will further meet the goals of a safer and less costly 4th of July. I will be happy to speak with any staﬀ or Councilmember in advance of the mee�ng regarding these sugges�ons. But ﬁrst, let me set the scene that Elk Grove, and every other community in California, is faced with right now.

WHAT IS THE PROBLEM?

For days on end for the months leading up to this last 4th of July and other holidays, Californians are being treated to a cacophony of booms, bangs and amateur illegal aerial ﬁreworks displays. Local ﬁre and law enforcement agencies who are kept busy responding nightly to residents’ complaints about these illegal aerial displays and celebratory explosives, con�nue to assert it was one of the most prolonged and intense periods of illegal, intermitent neighborhood bombardments they had ever witnessed. While no community was immune from these insane illegal displays this year, the rampant use of illegal ﬁreworks was par�cularly crazy in communi�es where no ﬁreworks are allowed.

So many California communi�es have been experiencing an annual, growing, rampant use of illegal ﬁreworks, because un�l recently, litle or nothing was being done to stop the interdic�on of these illegal, dangerous items into California. As a result, local jurisdic�ons have become not only the “ﬁrst line of defense”, but the “only line of defense” against illegal ﬁreworks! Communi�es throughout the state are being confronted with the scope of an illegal ﬁreworks problem that requires a level of enforcement personnel that their budgets and police and ﬁre departments cannot support.

For the beter part of the last two decades, there has been no border integrity or inspec�ons for illegal ﬁreworks like there used to be. As a result, there are both hordes of individual criminal entrepreneurs as well as large commercial opera�ons smuggling these dangerous, illegal ﬁreworks into the state without fear of being caught or suﬀering any criminal consequences.

WHO IS THE SOURCE OF MOST OF THESE ILLEGAL FIREWORKS?

Currently, there are six ﬁreworks stores in Southern Nevada in the city of Pahrump and seven stores immediately northeast of Reno. These stores sell the full range of federally-approved ﬁreworks that are illegal in California. Most informed es�mates suggest that these thirteen stores account for at least 60 to 70 percent of the illegal ﬁreworks used in California. One of these stores (Area 51 Fireworks), according to press reports and prosecutorial records, was the retailer for the illegal ﬁreworks, found or involved in the massive explosions and busts in Ontario and the City of Los Angeles in 2021.

The California resident defendant in the Los Angeles case, tes�ﬁed in court that he made up to ﬁve trips over a nine day period in a large rental truck to the Area 51 Fireworks’ store in Pahrump and purchased massive amounts of illegal ﬁreworks by the carton, loaded them into his rental truck and brought them back to Los Angeles where he stored them at his residence along with handmade explosives he claimed he bought from someone in AREA 51 Fireworks’ parking lot.

It is the universal general policy of most, if not all, of these stores to:

* Require the purchaser to show their driver’s license which the store scans and downloads; * Require the purchaser to buy a “Shooter’s Permit” and say they are going to take these ﬁreworks to a place out in the middle of nowhere to use them, or sign a form that states they will not use these ﬁreworks in the town where they were purchased and will only take them somewhere where their possession and use are legal; and * Require the purchaser to state that they are buying these ﬁreworks for personal use only.

Area 51 Fireworks had to know that the defendant in the Los Angeles incident was viola�ng California criminal statutes and regula�ons by buying massive quan��es of ﬁreworks illegal in California and bringing them back into California.

Given the volumes purchased and the frequency of those purchases over just nine days, AREA 51 Fireworks was on actual no�ce that these ﬁreworks were not for personal use but for resale in a loca�on where they were illegal to possess, use or sell without a proper California license from the State Fire Marshal. The reality is, the only reason to have a ﬁreworks store in Pahrump, NV is to sell illegal ﬁreworks to California residents. Otherwise, it would mean that every man, woman, and child in this highly remote desert town of 38,390 people, immediately adjacent to the California border, would each have to buy thousands of dollars of ﬁreworks that by Nye County ordinance says they are not allowed to set oﬀ in Pahrump.

Lest you doubt these rough sales dollars es�mates, in a leter to the Chair and Members of the Nevada Senate Commitee on Government Aﬀairs, dated 3/28/21, from Douglas Burda, CEO of Red Apple Fireworks in Pahrump, Mr.

Burda stated the following:

“We, on average, pay nearly $1,000,000 a year in state and local taxes and fees.”

The state and local tax rate in Pahrump, NV is 7.6%! That would mean, by Mr. Burda’s own admission, “on average”, the Red Apple Fireworks store in Pahrump sold almost $14 million of ﬁreworks every year and it’s safe to assume the vast amount of those annual sales were knowingly made to California residents. And that’s only one store out of thirteen.

I respec�ully urge you to check out the atached ﬂyer �tled: “What Happens in Nevada----Should Stay in Nevada!!!!”. Use the links or QR codes on this ﬂyer to look at the U.S. Atorney’s records and the defendant’s tes�mony in the incident that resulted in the destruc�on of the Los Angeles Police Department’s Bomb Containment Vehicle and 17 homes and businesses in 2021. View the You Tube video posted by one of the thousands of California residents who regularly go these Nevada stores and buy illegal ﬁreworks by the carton, not by the individual item, and bring them back into California!

SO WHAT CAN BE DONE TO ATTACK THIS PROBLEM? ------ AB 1403 (Dem- Garcia)__??

I helped dra� AB 1403. When it was introduced, among other things, it was designed to address the growing crisis of the illegal importa�on and sales of dangerous, illegal ﬁreworks into California and how the Oﬃce of the State Fire Marshal (OSFM), local jurisdic�ons, and California licensed Safe and Sane Fireworks wholesalers are trying to put a stop to this growing menace. Regretably, because consultants for the two policy commitees in the State Assembly lacked conﬁdence in the state’s ability to tackle the illegal ﬁreworks problem, they forced the removal of many of the bill’s components that would have provided the ﬁnancial resources for the state to begin to tackle the problem. The balance of AB 1403, which included increasing illegal ﬁreworks violator ﬁne levels for large volumes of illegal ﬁreworks, became law on January 1, 2024.

WHY IS STATE ACTION NEEDED?

The California Department of Jus�ce and the State Fire Marshal stopping the bulk sales of illegal ﬁreworks to California residents at their source is a more proac�ve and eﬀec�ve approach to addressing the issue in local communi�es across California. By focusing on the out-of-state sources of these illegal ﬁreworks, state oﬃcials can work to disrupt the supply chain of illegal ﬁreworks and prevent them from ever reaching communi�es like Elk Grove in the ﬁrst place. Relying solely on local ﬁre and law enforcement agencies to contain the use of illegal ﬁreworks is a reac�ve approach that everyone acknowledges is not suﬃcient to address the scale and scope of the problem.

Most recently, we have requested that the California State Fire Marshal ini�ate discussions with the California Department of Jus�ce, the Governor’s Oﬃce of Emergency Services, the California Fire Chiefs Associa�on and the Fire Districts Associa�on of California, and the undersigned on behalf of TNT Fireworks, to explore an Interstate Compact or an Interstate Agreement between California and Nevada requiring all Nevada Fireworks Retail Store brick and mortar loca�ons to contemporaneously download their records, into a secure website controlled by the State of Nevada, of all sales made to and the items purchase by any individual presen�ng a valid state ID with a resident address loca�on where the products purchased are not allowed to be possessed or used. The compact or agreement between the two states should make the State of Nevada’ website accessible to any ﬁre and/or law enforcement agency in the State of Nevada or California and ATF and US DOT.

WHAT CAN THE CITY OF ELK GROVE DO IN THE INTERIM, UNTIL STATE AND FEDERAL ACTION IS TAKEN, TO IMPACT THE SUPPLY CHAIN OF ILLEGAL FIREWORKS INTO CALIFORNIA?

Below, please ﬁnd a list of City Staﬀ’s recommenda�ons for 2024, along with our client’s posi�on on each, and my sugges�ons for any future adjustments to or considera�ons in the implementa�on of those recommenda�ons:

OPTIONS

* Increase the ﬁrst oﬀense ﬁne to $1,000 for a ﬁrst oﬀense and then $1,000 for every oﬀense therea�er.

Posi�on: Support, but increase the ﬁne to $1,000 for the ﬁrst oﬀense with mul�pliers for every subsequent oﬀense (i.e., 2nd oﬀense - $2,000; 3rd oﬀense--$3,000). U�lize “stacking” cita�ons where appropriate.

Recommenda�on: Elk Grove is a “general law city” and thus the maximum administra�ve ﬁne it can impose is $1,000 per viola�on. Staﬀ’s proposal calls for a viola�on ﬁne of $1,000 for the ﬁrst viola�on for illegal ﬁreworks. The vast majority of violators who put on massive illegal ﬁreworks displays will have spent upwards of ten �mes that amount to purchase illegal ﬁreworks and will look at any ﬁne of less than $1,000 as the mere cost of having fun. Furthermore, every other jurisdic�on in the Greater Sacramento Area has their ﬁrst oﬀense cita�on amount at $1,000. We would further recommend that Elk Grove employ a cita�on prac�ce that is commonly referred to as “stacking” for illegal ﬁreworks viola�ons that occur in the City. This would permit the City to treat the ligh�ng of each individual illegal ﬁrework as a separate viola�on rather than collec�vely ci�ng all igni�ons as one viola�on. Salinas does this very eﬀec�vely. The best analogy for this is, if a criminal suspect has barricaded himself in a house and ﬁve police oﬃcers approach the house and the suspect shoots in the direc�on of the ﬁve oﬃcers, the suspect would be charged with at least ﬁve separate oﬀenses. (See Ra�onale for Administra�ve Fine Procedure in atached “Illegal Fireworks—Recrea�on—OR---Wreckrea�on?”)

* Allow for law enforcement to charge a person the actual costs for responding to a call for an illegal ﬁrework in addi�on to the ﬁne amounts.

Posi�on: Support

Recommenda�on: It is cri�cal that Elk Grove amend its ordinance to include a provision that allows the City to recover the actual costs of its illegal ﬁreworks enforcement eﬀorts from violators as well as any costs associated with the collec�on, transporta�on and/or disposal of the violator’s seized illegal ﬁreworks that are not covered by the State of California. Some jurisdic�ons have also chosen to issue addi�onal “noise viola�on cita�ons” in addi�on to the ones for possession or use when the use of the illegal ﬁreworks has been during the early morning hours protected by their noise ordinance. Typically, the minimum cost recovery amount begins at $250 in addi�on to the ﬁne amount, for each viola�on. (See Ra�onale for Response Cost Recovery Ordinance in atached “Illegal Fireworks—Recrea�on—OR--- Wreckrea�on?”)

* Clarify and strengthen exis�ng language to allow administra�ve cita�ons and ﬁnes to be issued to the property owner or responsible person where illegal ﬁreworks are set oﬀ or where a group is gathering and using illegal ﬁreworks.

Posi�on: Support, with a possible addi�onal considera�on of whether the City should also include a “public right-of-way” and/or a “spectator liability” provision to its Fireworks Social Host Ordinance (FSHO) and/or deploying trained, civilian patrols to assist with FSHO cita�ons.

Recommenda�on: Both ﬁre and police representa�ves will tell you that while the discharge of illegal ﬁreworks can be �ed to a par�cular residence or property, it is o�en diﬃcult to tell who at the residence or property discharged the illegal ﬁreworks. The owner or tenant of the premises is o�en in the best posi�on to control and knows or should know of the possession, manufacture, storage, sale, handling and/or use of illegal ﬁreworks on his/her residence. Many of the jurisdic�ons who have adopted social hosts ordinances have concluded that those persons who have possession or control of private property where dangerous illegal ﬁreworks are being stored, sold or used, have failed to ensure that this ac�vity is not taking place on their property.

In addi�on, many police and ﬁre agencies are reluctant to send their personnel into an environment, par�cularly in the case of only one or two oﬃcers on the scene, that would pose a serious threat to that oﬃcer’s safety given the par�cipants in the illegal ac�vity and the violator’s level of intoxica�on or other impaired behavior. Thus, the ability to cite the “Responsible Person” without subjec�ng that oﬃcer to poten�al threat or harm, is a preferable, safer response to handling the situa�on. (See Ra�onale for Social Host Ordinance in atached “Illegal Fireworks—Recrea�on—OR--- Wreckrea�on?”).

The City may also want to consider adding a provision to its Social Host Ordinance similar to the atached ordinance sec�on from Fresno’s ordinance that addresses illegal ﬁreworks viola�ons in the public right-of-way adjacent to a Social Host’s property –and/or--a provision similar to the atached ordinance sec�on from San Jose’s ordinance that addresses “spectator liability” at illegal ﬁreworks displays much like many jurisdic�ons are now ﬁning spectators at illegal driving demonstra�ons that take over streets and highways.

The City can greatly increase the number of cita�ons it issues and impact its illegal ﬁreworks use if it implements its Fireworks Social Host Ordinance (FSHO) by deploying unmarked patrols consis�ng of a combina�on of “trained” City employees, CERT volunteers (Community Emergency Response Team), Code Enforcement personnel, and ﬁre inspectors equipped with 4K, night vision binocular cameras (
htps://www.amazon.com/Hiacinto-Night-Vision-Binoculars- Infrared/dp/B0BKRQ3WBR/ref=sr_1_1?keywords=hiacinto+night+vision+4K+binocular+camera&sr=8-1 <htps://www.amazon.com/Hiacinto-N ight-Vision-Binoculars- Infrared/dp/B0BKRQ3WBR/ref=sr_1_1?keywords=hiacinto+night+vision+4K+binocular+camera&sr=8-1> ) [Sacramento City Fire Dept. uses these $150 night vision cameras] to document Fireworks Social Host Ordinance viola�ons pursuant writen policies on how to ﬁle a cita�on request, the necessary documenta�on for a cita�on, and how these individuals must conduct themselves in order to not put themselves or others at risk. Keep in mind, a FSHO does not require that the viola�on be commited in the presence of an oﬃcer. Third party repor�ng, that properly documents a FSHO viola�on, are suﬃcient grounds to issue a cita�on to a “Responsible Person” under the City’s FSHO. An administra�ve cita�on needs only proof of just enough evidence to make it more likely than not that the illegal ﬁreworks viola�on the City claims occurred is true. (See Ra�onale for Social Host Ordinance in atached “Illegal Fireworks—Recrea�on—OR--- Wreckrea�on?”).

I would welcome the opportunity to speak with you about the above recommenda�ons before Wednesday evening’s City Council mee�ng and answer any ques�ons you have.

Very Truly Yours,

REVELL COMMUNICATIONS

Dennis C. Revell

President/CEO

Oﬃce-

Cell - --

Cc: Rod Brewer, Vice Mayor

Kevin Spease, Councilmember

Sergio Robles, Councilmember

Darren Suen, Councilmember

Jason Behrmann, City Manager

Jason Lindgren, City Clerk

Felipe Rodriguez, Fire Chief

Lantz Rey, Fire Marshal

Bobbie Davis, Police Chief

Jonathan P Hobbs, City Atorney

Ryan Huber, Ac�ng Code Enforcement Supervisor

Darren Wilson, Development Services, Director

t
Whether it is:
• Helping to develop and implement statewide as well as local fireworks safety and education efforts. (The State Fire Marshal Fireworks Safety & Education Program is funded and implemented 100% by TNT Fireworks). • Worked to remove wire core sparklers from the market in 1991. The State Board of Fire Services called it, “The boldest move in the history of the fire service. ” • Co-sponsoring, along with Cal Fire, SB 839 which became law on January 1, 2008, allowing local jurisdictions to impose administrative fines for the possession and use of illegal fireworks up to 25 pounds gross weight and recover enforcement costs from the violator.
• Developing and deploying a free smartphone app (Nail ’em) that allows California residents to take pictures of the sale and/or use of illegal fireworks in their community and email these photos, along with the GPS coordinates of the alleged illegal activity, to their jurisdiction’s law enforcement or fire department, so that they can immediately investigate, confiscate, cite and/or arrest those responsible.
• Constantly working to develop and deploy new, innovative public education and outreach materials on the safe and responsible use of State-Approved Fireworks as well as the dangers and risks of illegal fireworks. • Embracing, supporting, and working with local anti-illegal fireworks constituencies throughout California to help local communities with their illegal fireworks problem.
• Strengthening local fireworks ordinances with higher Administrative Fines, Enforcement Cost Recovery and Fireworks Social Host.

A person who sees a problem is human; a person who finds a solution is a visionary; the person who goes out and does something about it is significant!
TNT Fireworks is the state’s leading wholesale distributor of State Fire Marshal-Approved Fireworks. It is known for its commitment and service to the 2,700+ nonprofit organizations who serve as its retail partners in California and it supports the critical needs and services that these nonprofits provide in their respective local communities. Since entering the California market in 1989, TNT Fireworks has distinguished itself throughout the state, and more particularly, in each of the 296 California communities it serves, as a company that is “Committed to Safety, Quality and Service” . — TNT Fireworks has established safety, not only as a responsibility, but as a high priority which it enthusiastically embraces.

TNT Fireworks has worked and continues to work with the Office of the State Fire Marshal, Cal Fire, Cal Chiefs, California Police Chiefs Association, the League of California Cities, California Contract Cities Association, Southern California Association of Governments, local governments, their public safety agencies, and the Newson Administration to find reasonable, cost-effective solutions to the problems that state and local jurisdictions face with the sale, use and ultimate confiscation and disposal of illegal fireworks in California.

The State Fire
Marshal Fireworks
Safety & Education
Program
About the Nail ’em
Smartphone App
How TNT Fireworks
Can Help You
About SB 839
“ We are in the business of helping nonprofit organizations raise money to fund positive impacts on the youth, seniors, disadvantaged, veterans, sports and school programs in
your community!” —Carson Anderson, President, TNT Fireworks

What Happens in Nevada----Should Stay in Nevada!!!!
While having made great strides in improving illegal fireworks enforcement strategies, local jurisdictions across our state are still plagued by an ever-growing illegal importation of these dangerous, illegal items into California. Regrettably, not enough is being done at the state and federal level to stop this now year- round flow of these illegal fireworks into California, and, as a result, local jurisdictions have become not only the “first line of defense”, they have become the “only line of defense” against illegal fireworks.

Currently, there are six fireworks stores in Southern Nevada in the city of Pahrump and seven store immediately northeast of Reno in the cities of Schurz, Battle Mountain, and Pyramid Lake. These stores sell the full range of CPSC 1.4 G, federally approved fireworks that are illegal in California.

Most informed estimates suggest that these thirteen stores account for at least 60 to 70 percent of the illegal fireworks used in California (To see the list of stores, their locations and websites click on this link: Listing of Nevada Fireworks Stores.

One of these stores (Area 51 Fireworks), according to press reports and prosecutorial records was the retailer for both the massive amounts of federally approved, but California illegal fireworks, found or involved in the massive explosions and busts in Ontario and the City of Los Angeles in 2021.

Everyone agrees that the sale and use of illegal fireworks in California has reached epidemic proportions. While 2020 was bad, everyone believes 2021 proved to be substantially worse, especially in communities where no fireworks are allowed. One need only reflect on two striking and tragic examples of this escalation in illegal fireworks issues: the death of two people in a massive explosion in Ontario, CA (Ontario); and the injuries to 17 people and the destruction of the LAPD Bomb containment truck and multiple homes and businesses in the vicinity in Los Angeles (Los Angeles in 2021); to understand what has so many people concerned.

The suspect in the Los Angeles bust, according to media reports and prosecutorial records (see material from the United State Attorney’s Office for the Central District of California at the following link:
https://www.justice.gov), made up to five trips in a large rental truck to the Area 51 Fireworks’ store in Pahrump and purchased massive amounts of illegal fireworks, loaded them into this rental truck and brought them back to Los Angeles where he stored them at his residence along with handmade explosives he claimed he bought from someone in AREA 51 Fireworks’ parking lot. It is the universal general policy of most, if not all of these stores to:

➢ Require the purchaser to show their driver’s license, ➢ Sign a form that they will not use these fireworks in the town where they were purchased and will only take them somewhere where their possession and use are legal, and ➢ They are buying these for personal use only.

Area 51 Fireworks had to know that both the defendant in the Los Angeles incident and the deceased individuals in the Ontario explosion were violating California criminal statutes and regulations by buying massive quantities of fireworks illegal in CA and bringing them back into CA. Given the volumes purchased and the frequency of those purchases, AREA 51 Fireworks was on actual notice that these fireworks were not for personal use but for resale in a location where they were illegal to possess, use or sell without a proper California license from the State Fire Marshal.

As further evidence of how AREA 51 Fireworks in Pahrump, Nevada facilitates large bulk sales to California residents, we would draw your attention to the below link for a You Tube video posted by someone who claims to be a “frequent buyer” at the Pahrump fireworks stores and most notably AREA 51 Fireworks. He explains the layout of the front of the building which is for “Retail Sales” with its individual items and assortments and then takes you in the back for what are designated “Wholesale Sales” with its required “Purchase by the Case” and the products you buy in bulk and how to do it. The buyer’s name and identification is captured as part of that bulk sales process. No doubt Mr. Arturo Ceja’s reported five trips with a rental truck to AREA 51 Fireworks between June 20, 2021 and June 29, 2021 were purchases from the “Wholesale Sales” department of AREA 51 Fireworks. https://www.youtube.com
Now lest you think using the term “Wholesale” means you must have some sort of wholesaler’s license or be a licensed retailer, it is merely a camouflage for large bulk sales to people who will then, in large part, illegally remarket the products at a substantial markup in locations where they are illegal, like California.

No Attorney General, since January 1, 2008, when the mandate in CA Health & Safety Code Section 12704 took effect, has taken the threat and scale of this criminal activity seriously and ever put anyone on notice as the statute mandates.

The reality is, the only reason to have a fireworks store in Pahrump, NV is to sell illegal fireworks to California residents. Otherwise, it would mean that every man, woman, and child in this highly remote desert town of 38,390 people, immediately adjacent to the California border, would each have to buy thousands of dollars of fireworks that by Nye County ordinance they are not allowed to set off in Pahrump.

Lest you doubt these rough sales dollars estimates, in a letter to the Chair and Members of the Nevada Senate Committee on Government Affairs, dated 3/28/21, from Douglas Burda, CEO of Red Apple Fireworks in Pahrump, Mr. Burda states the following:
“We, on average, pay nearly $1,000,000 a year in state and local taxes and fees.” The state and local tax rate in Pahrump, NV is 7.6% ! That would mean, by Mr. Burda’s own admission, “on average”, the Red Apple Fireworks store in Pahrump sold almost $14 million of fireworks every year and it’s safe to assume the vast amount of those annual sales were knowingly made to California residents. And that’s only one store out of thirteen.

Rationale for Adopting Administrative Fine
Procedure for Illegal Fireworks

Until about twelve years ago, local jurisdictions, in most instances, were relegated to criminally citing those in possession or using illegal fireworks utilizing provisions of the California Health and Safety Code. As a result of state legislation (SB 839) which was signed into law on October 12, 2007 and became effective January 1, 2008, local jurisdictions are now allowed to utilize an Administrative Citation and Fine Process for possession and/or use of less than 25 pounds of illegal fireworks.

The following slide sequence will explain why we recommend that Elk Grove adopts an Administrative Citation process for the sale, possession and/or use of under 25 pound of illegal fireworks.

Rationale for a Fireworks
Social Host Ordinance
Due to the increasingly high use of illegal fireworks on or about the 4th of July and New Year’s Eve each year, and jurisdictions across the state being unsuccessful in holding users and possessors fully accountable for the possession and/or use of these dangerous illegal fireworks; an increasing number of cities, counties and fire districts are adopting “Fireworks Social Host Ordinances” in order to make owners, renters, leasees, and/or those that have possession of a residence or other property (“Responsible Person”), responsible for dangerous illegal fireworks possession and/or use on that property. Law enforcement and fire authorities in a jurisdiction only need to verify on what property the fireworks were launched or used. Once that is verified, the jurisdiction may pursue the “Responsible Person” for that jurisdiction’s fine. In most instances it is the maximum fine of $1,000. However, the City of Elk Grove is a chartered city and is not restricted to a maximum fine limit of $1,000.

Both fire and police representatives will tell you that while the discharge of illegal fireworks can be tied to a particular residence or property, it is often difficult to tell who at the residence or property discharged the illegal fireworks. The owner or tenant of the premises is often in the best position to control and knows or should know of the possession, manufacture, storage, sale, handling and use of illegal fireworks on his/her residence or commercial premises. Many of these jurisdictions who have adopted social hosts ordinances have concluded that those persons who have possession or control of private property where dangerous illegal fireworks are being stored, sold or used, have failed to ensure that this activity is not taking place on their property.

In addition, many police and fire agencies are reluctant to send their personnel into an environment, particularly in the case of only one or two officers on the scene, that would pose a serious threat to that officer’s safety given the participants in the illegal activity and the violator’s level of intoxication or other impaired behavior. Thus, the ability to cite the “Responsible Person” without subjecting that officer to potential threat or harm, is a preferable, safer response to handling the situation.

The City of Elk Grove should adopt a Fireworks Social Host Ordinance and, like the vast majority of those who have Fireworks Social Host Ordinances, include a provision in the ordinance that, in addition to the Administrative Fine levied against the illegal fireworks violator, the City of Elk Grove could also recover reasonable “Response Costs”.

Rationale for Response Costs Recovery
Ordinance Provision

Despite its mandatory duty to pick up illegal fireworks within 90 days of when a local jurisdiction had seized them, the State Fire Marshal, until the last two years, was not picking up any of those warehoused illegal fireworks and were telling local jurisdictions it was their responsibility to dispose of them at a cost of as much as $23.00 per pound. As a result, in part because of TNT Fireworks’ advocacy on the issue on behalf of local governments across the state, we were able to convince the Brown Administration and the State Legislature to appropriate additional money in 2014 and 2015 to take care of the backlog of seized illegal fireworks across the state as well as those that were seized in 2015 and 2016. For the better part of the first seven years of the Brown Administration, the Governor was unwilling to allocate any new General Fund monies to deal with this admittedly General Fund responsibility and as a consequence there was no money in the State Fire Marshal Fund to cover the pickup, transportation and disposal of any illegal fireworks seized by any jurisdiction, except when it made emergency transfers from other sources.

In October 2018, Governor Brown did a Budget Change Proposal (BCP) and moved $3.6 million into the State Fire Marshal Fireworks Enforcement and Disposal Fund to fund illegal fireworks enforcement, disposal and public education for the balance of Fiscal Year 2018/2019.

Governor Gavin Newsom introduced his proposed state budget for Fiscal Year 2024/25. As a part of the overall budget, he included an on-going $3.6 million for fireworks enforcement, education and disposal. As you may know, the funding for fireworks enforcement and disposal has varied over the decades with no long-term solution. This general fund proposal should help resolve the long-standing issue of disposal of illegal and dangerous fireworks that are seized and stockpiled throughout the state. It will hopefully provide a stable, long-term funding source to support the increasing demands for fireworks education, enforcement, and disposal. The proposal funded four positions within CAL FIRE-Office of the State Fire Marshal to assist in the enforcement and disposal efforts. The State Fire Marshal’s goal is to not only collect local confiscated fireworks in a timely manner, but to provide enforcement support and assistance to regional fireworks task forces and interdiction operations. The State Fire Marshal also plans to expand its public outreach campaign and provide local agencies with additional tools and resources to educate the public on the hazards of illegal fireworks.

Despite the recent funding and the continued new budget line item, the City of Elk Grove should adopt a “Response Cost Recovery Ordinance Provision” as a safety net to allow the City of Elk Grove to seize illegal fireworks and minimize its exposure of being stuck with costly transportation, storage and disposal costs associated with the state’s failure to pick them up and dispose of them, as well as to recoup other reasonable costs associated with each citation.

{00051745.DOCX; 1}
SECTION 3. Section 10-55602.4 of the Fresno Municipal Code is amended to read:

5602.4. General Prohibition Against Possession, Sale, Use and/or Display of Fireworks. Except as otherwise provided in this Section, no person shall possess, sell, use, display, explode or discharge any fireworks within the City of Fresno.

[(a) Except as otherwise provided in this Article, no person shall possess, sell, use, display, explode or discharge any fireworks within the City of Fresno.

(b) Except as otherwise provided in this Article, no Host shall permit the possession, sale, use, display, explosion or discharge of any fireworks on the Host’s property, in a public right-of-way adjacent to the Host’s property, or in a road, street, or highway adjacent to the Host’s property, within the City of Fresno.

(1) Whenever a Host is present at the private property while another person violates a provision of this chapter, there shall be a rebuttable presumption that the Host knew or should have known of the violation.

(2) This provision shall not apply to a Host who initiates contact with law enforcement or fire officials to assist in removing any person from the property or terminating the activity in order to comply with this chapter, if the request for assistance is made before any other person contacts law enforcement or fire officials to complain about the violation of this chapter. (c) any person violating any of the provisions of this Section shall be guilty of a misdemeanor.]
112124.2:OG PM San Jose, CA Code of Ordinances

10.17.070 - Strictly Liable.
"strictly liable" means liability for a wrongful act irrespective of such person,s intent, knowledge, negligence or lack thereof in committing the wrongful act. (Ord.30569.)
Paft2 - SALE, USE, POSSESSION AND STORAGE OF FTREWORKS

10.17.100 - Sale, use, possession and storage of fireworks.

A' Except where othenvise expressly provided in this code, it shall be unlawful for any person to sell, use or discharge any fireworks.

B' Except where othennrise expressly provided in this code or under a permit issued by the california state Fire Marshal, it shall be unlawful for any person to offer for sale or store any fireworks.
c' Except where otherwise expressly provided in this code, any social host shall be strictly liable for any unlawful use, discharge, or display of fireworks at their property or gathering. , (Ords. 29719,30569.)
I

10.17-105 - Spectators prohibited at Fireworks Exhibitions.

A' "Fireworks Exhibition" means any unpermitted discharge or use of fireworks as defined jn section

10.17.O10.

B' "spectator" shall mean any person who is present at a Fireworks Exhibition for the purpose of viewing, observing, watching, or witnessing the event. A spectator includes any person at the location of the event without regard to the means by which the person arrived. c' A person is "present" at the Fireworks Exhibition if that person is within two hundred (200) feet of the location of the Fireworks Exhibition.

D' lt shall be unlawful for any person to be knowingly present as a spectator at a Fireworks Exhibition.
1 ' Nothing in this section prohibits peace officers or their agents, or any other employee of the city designated by the city manager to enforce the provisions of this code, who are acting in the course of their official duties from being spectators at a Fireworks Exhibition.

E. Relevant Circumstances to prove a Violation:
1' Notwithstanding any other provision of law, to prove a violation of this section, admissible evidence may incrude, but is not rimited to, any of the folrowing:
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112/24.2.06 PM San Jose, CA Code of Ordinances
a' That the person charged has previously participated in or been a spectator at a Fireworks Exhibition;
b' That the person charged has previously aided and abetted the illegal sale, use, discharge, storage, or possession of illegal fireworks;
c. That the person charged has previously attended a Fireworks Exhibition; or d^ That the person charged was previously present at a location where a Fireworks Exhibition was in progress.
e' Evidence of these prior acts may be admissible, to the fullest extent permissible by law, to show the opportunity, intent, plan, knowledge, identity, or the absence of a mistake or accident, or propensity of the defendant to be present at or attend a Fireworks Exhibition if the prior act or acts occurred within three (3) years of the presently charged offense.

These prior acts may always be admissible to show knowledge on the part of the defendant that a Fireworks Exhibition was taking place. 2' ln addition to the circumstances set out in subsection A. above, and notwithstanding any other provision of law, to prove a violation of this section, admissible evidence may also include, but is not limited to, any of the following:
a. The time of day;
) b. The nature and description of the Scene;
c. The number of people at the Scene;
d' The location of the person charged in relation to any person or group of persons present at the Scene;
e. That the person charged drove or was transported to the Scene. 3' For purposes subsection 2., above, "scene" refers to the location of Fireworks Exhibition. (Ord.30569.)

10.17.110 - Application of state law.

Nothing in this chapter shall limit any of the penalties provided in the california Health and safety code or the california Penal code with regard to the offer for sale, exposing for sale, sale at retail, use or discharge of any fi reworks.
(Ord.29719.)

10.17.120 - Response costs.

A' A person who has violated this chapter may be liable for response costs incurred in responding to the unpermitted use, discharge or storage of fireworks.

B.
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GENERAL PUBLIC

COMMENT

CITY OF ELK GROVE
FEBRUARY 14, 2024

REGULAR MEETING

From:

To: Jason Lindgren
Subject: Homeless photos
Date: Tuesday, February 13, 2024 4:06:30 PM
Attachments: IMG_2077.PNG
[You don't often get email from why this is important at [EXTERNAL EMAIL]
Hi Jason,
Thank you for taking the time to speak with me today. I really appreciate you taking the time and acting like you care. It means a lot to me. :-)
These are just some of the picture we have. And we have so many more.

Some are camp sites by my shop
Some men washing their clothes at a business on Elk Grove Blvd. One said he was from Oakland.

Lot’s of trash in front of my shop. And junk in my bushes.

Lot’s more police activity on the Blvd.

All day we see homeless and mentally ill people from all over. We never had homeless wondering the blvd before this.

Trash by my trash cans at the end of my drive way. So that means they are on my property.

They took one of my recycling bucket and put it in the middle of the field. I text Becky with no response.

Then a few days later it was moved to the other field on the other side of me. So I finally went into the muddy field to retrieve my own can. Never to hear back from Becky still.

Elk Grove City CouncilFebruary 14, 2024

Elk Grove City Council
February 14, 2024