1 TO: City Council
FROM: Ryan Smoot, City Manager
MEETING DATE: April 4, 2023
SUBJECT: Discussion Regarding Safe and Sane Fireworks
RECOMMENDATION
Receive the information presented, discuss, and if desire, provide further direction.
BACKGROUND/ANALYSIS
At it’s meeting of February 21, 2023, the City Council approved a proposal from the LA County Sheriff’s Department for enforcement of the City’s ordinances related to the use of illegal fireworks during the period surrounding the 4th of July holiday and allocated approximately $26,000 for that purpose.
After discussion of the topic and the significant and increasing costs associated with enforcement, the City Council directed City staff to return with a discussion about Safe and Sane fireworks, options for allowing their sale and use, and potential impacts thereof.
The topic has been discussed in the past, most recently in 2006, but only minor amendments have been made to the City’s ordinances since the sale and use of fireworks was prohibited in 1986.
A summary of the history is included below. Of particular note are two non-binding advisory measures that were placed before voters in 1986. The text and certified results of these measures are also included below. Shortly after the 1986 election, the City Council adopted Ordinance No. 400 prohibiting the sale and use of fireworks, but allowing public displays under certain conditions. The prohibition has been in place since that time, but many of the City’s residents and those from surrounding areas continue to use fireworks to celebrate the fourth of July holiday.
Item No. SCH 8a
CITY OF LOMITA
CITY COUNCIL REPORT
2 Results of April 1986 City of Lomita Election
Abbreviated History of Actions Related to Fireworks in Lomita 1965 Ord. No. 20 Allowed for the sale of Safe and Sane Fireworks 1966 Ord. No. 35
Ordinance amendment limiting participation to organizations from Lomita
1967 Ord. No. 44 Similar to above
1967 Ord. No. 54 Setting requirements for permit issuance, setting 1:3400 permit limit 1968 Ord. No. 71 Inventory Requirements
1969 Ord. No. 92
Made modifications to the adopted county fire code to continue to allow fireworks sales in the City.
1983
Ord. No.
346
set permit issuance requirements for fire extinguishers, distancing requirements from gas stations, etc.
1985 Reso. 85-57
City Council places first advisory measures before voters for April 1986 Election
1986 Reso. 86-2
City Council places second advisory measures before voters for April 1986 Election
1986 Reso. 86-20
Certified election results from Advisory Measure A and Advisory Measure B
1986
Ord. No.
400
City Council adopts ordinance prohibiting fireworks sales and use but still allowed for public displays
2006 Staff Report
February 21, 2006 - City Council requested discussion. No amendments made.
2007
Ord. No.
700 Adoption of modern ordinance establishing fines for fireworks use 2021
Reso. 2021-
14 Increased administrative fines for fireworks to $1000 3 Current Enforcement Mechanisms:
The City’s municipal Code prohibits the use of all fireworks within the City, and establishes administrative penalties for violations that start at $1,000 per violation. Although enforcement of the ordinance is challenging, in recent years the City has supplemented its enforcement efforts with additional dedicated LASD patrols and increased efforts from the City’s code enforcement staff which has aided enforcement. While the recent increase in the base penalty amount for violations to $1000 has helped, it still does not nearly cover the costs of the City’s enforcement efforts.
Potential Benefits for Community Groups of Allowing Sale of Fireworks:
There are currently 34 cities within Los Angeles County (and many others within the State) that allow for the sale of Safe and Sane Fireworks while still prohibiting the sale and use of unapproved and illegal fireworks. Should the City Council desire to amend the City’s code to allow for the sale and use of Safe and Sane fireworks, an ordinance would be required.
If the City were to allow the sale and use of Safe and Sane fireworks, it could allow community groups to apply for a permit to conduct those sales in the community pursuant to appropriate conditions and regulations. Depending on the number of permits issued, revenue received by a given community group or groups can be significant - in the tens of thousands of dollars. As more permits for sales are issued, however, the amount raised under each permit can be expected to be reduced. For this reason, among many others, some communities limit the number of permits issued in some way (no more than X permits per 10,000 population, for example).
Regulatory Process and Limits on Cost Recovery:
City staff has explored various models to increase our ability recover costs associated with enforcement efforts, including the possibility of allowing the sale and use of Safe and Sane fireworks, as defined under state law, while still prohibiting the sale or use of all other fireworks not so designated and approved by the State.
In order to do so, the City would need to establish a regulatory framework under which to review and approve applications for permits to sell fireworks, establish conditions and regulations to control placement, location, and operations of the stands, and determine a process for deciding how many permits might be appropriate, and which group or groups may be eligible and ultimately be issued a permit. This would require a significant amount of staff time and coordination from our community development and code enforcement staff, as well as public safety and fire personnel. Based on conversations with other communities, the amount of time necessary for this process can range from 2-10 months, depending on the complexity of the regulatory and reporting structure necessary to implement the program.
4 If the City were to allow for the sale of Safe and Sane fireworks, it could establish, as it does with other regulatory processes, appropriate fees for the permits necessary to do so that would recover no more than the costs of processing those permits and other directly related costs. Typically, these would be limited to costs such as the staff time necessary for processing permits, inspections of booths/stands, and other costs directly related to the issuance of the permit itself. Having said that, fees that exceed the City’s costs of processing the necessary permits, such as to offset costs of enforcement related to illegal fireworks use, or to provide additional revenue to the City would likely be considered a tax that requires voter approval. The majority of cities contacted stated that costs of enforcement continue to far exceed revenues received through the permitting process.
OPTIONS:
1) Make no changes to the City’s existing prohibition on the sale and use of fireworks.
Receive this report and attached background, and take no further action at this time. 2) Direct staff to prepare and return with a draft ordinance for consideration by the Council.
3) Request more information or make other direction as desired.
FISCAL IMPACT
There is no fiscal impact associated with this discussion. Should the City consider amendments to its ordinances and allow, in some capacity, the sale and use of safe and sane fireworks, there could be significant costs dependent upon the regulatory structure implemented. Under that circumstance, the City could recover the costs associated with the issuance of necessary permits, but could not, without voter approval, recover any costs or collect any revenues beyond its own costs related specifically to the sale of Safe and Sane fireworks.
Prepared by: Approved by:
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager