Agenda Item No. 10
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: September 25, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Jim Munro, Police Commander
Stephen Lieberman, Chief, Five Cities Fire Authority
SUBJECT: Update on Fireworks Enforcement and Oversight
RECOMMENDATION
Receive an update on fireworks enforcement and oversight in Grover Beach and provide input and direction.
BACKGROUND
The discharge of illegal fireworks is a common problem faced by many jurisdictions in California including Grover Beach. On May 18, 2020, Council approved an update to the Grover Beach Municipal Code that changed the public discharge period of “safe and sane” fireworks (legal ground-based fireworks approved by the State Fire Marshal) to only on the Fourth of July from 10:00 a.m. to 10:00 p.m. The change became effective on June 19, 2020. Since then, the Police Department has enhanced enforcement efforts on illegal fireworks being used in the city as illegal fireworks cause a majority of the fireworks calls that the Police Department responds to.
Beginning in 2021, the Police Department introduced the use of drone technology to help identify violators from above. The drones have proven successful by allowing staff to safely observe violations from the air and dispatch ground units. The use of drones has been effective in reducing the use of illegal fireworks because of the drones’ well-announced presence. The department has received feedback from community members indicating their neighborhoods have been much quieter than years prior. The numbers in the table below indicate that since 2020, firework calls have averaged 64 calls during the July 4th call period, but the overall annual firework calls have decreased since 2020. The citation issuance for firework-related complaints has stayed consistent for the past three years. The Five Cities Fire Authority did not respond to any fireworks-specific calls during this same time period.
Year Fireworks Calls for
Service July 3-5
# of
Citations
Annually
Average # of Officers
Per Shift During July 3-5
Total Fireworks calls for
service during the Year
2019 44 0 2.5 95
2020 81 13 5.3 299
2021 68 6 4 219
2022 70 5 3.3 186
2023* 57 5 3 117
Average 64 5.8 3.62 183.2
*Year to Date
Staff Report: Delegate Authority for Determining Industrial Disability Page 2 September 25, 2023
While ground and air enforcement efforts have shown to be effective, both methods currently require staff to respond to the violators location to attempt contact the person responsible for lighting the illegal fireworks. Often upon arrival, the person responsible has entered a residence and/or cannot be identified. Additionally, on July 4th, alcohol is often being consumed which increases the chances those contacted, especially in large groups, may become uncooperative.
Lastly, especially on July 4th, there are times where units are not available to respond to take enforcement action.
To help address these issues through an additional enforcement option, several Charter cities, including the cities of Long Beach and Santa Maria, have adopted “Social Host” ordinances as another option to help deter illegal fireworks use. The Council previously received information about the use of such an ordinance in Long Beach. In summary, social host ordinances allow law enforcement or fire officials to hold the homeowner or tenant accountable for allowing illegal firework events at the property. Fines up to $10,000 have been imposed on those in violation.
While these social host ordinances have been shown to be effective in these jurisdictions, the City of Grover Beach would not be able to follow suit with the increased fine schedule as the city is a General Law city rather than a Charter city. Only Charter cities can enact such an ordinance.
Maximum fines for a General Law city are significantly lower and are already being utilized in Grover Beach with the Administrative Citation process. In addition, the Police Department is already issuing citations under existing State laws regulating illegal fireworks.
Staff is requesting input from the Council on fireworks enforcement and potential direction on any additional activities the Council would like staff to consider. Lastly, staff is requesting direction to return to the Council at a later date with ordinance changes related to oversight and administration of fireworks booths in the city that sell “safe and sane” fireworks. The oversight of these booths and selection of nonprofit groups operating the booths is currently overseen by the City Manager’s Office and Police Department. In contrast, the Five Cities Fire Authority oversees this process in Arroyo Grande and staff would recommend a similar approach in Grover Beach to be more consistent given the cities’ common fire agency. The City’s fireworks ordinance would need to be amended to allow for such an approach.
FISCAL IMPACT
There are no funding impacts to this staff report.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Receive an update on fireworks enforcement in Grover Beach and provide input and direction; or
2. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.