2/11/2025
TO: PUBLIC SAFETY, FINANCE AND FROM: Robert Sapien, Jr.
STRATEGIC SUPPORT COMMITTEE Paul Joseph
Chris Burton
Khaled Tawfik
SUBJECT: Fireworks Ordinance Work Plan DATE: February 5, 2025 Status Report
Approved Date:
RECOMMENDATION
Accept the status report on the implementation of the Fireworks Ordinance Work Plan.
BACKGROUND
In 1984, the City Council voted to amend the San José Municipal Code to ban all fireworks, including “safe and sane” fireworks, except for controlled public fireworks displays operated by a licensed pyrotechnician pursuant to a permit issued by the Fire Department. In August 2014, the City Council directed the City Manager to change fireworks enforcement after several years of increasing noise and safety complaints from residents. Both the San José Fire Department and the San José Police Department were directed to look for enforcement mechanisms that might slow and eventually contain the illegal sale, use, possession, and storage of fireworks.
In June 2015, the City Council directed the City Manager to establish a framework to cite, fine, and adjudicate the use, possession, sale, advertisement for sale, transportation, and/or fireworks manufacturing. The City Council also directed1 staff to explore the use of administrative citations and criminal charges to enforce the City’s fireworks policies. On April 12, 20162, the City Council adopted an ordinance amending San José Municipal Code Section 10.17 to prohibit the sale, use, possession, and storage of fireworks and provide civil liability under certain circumstances for those responsible for minors violating the ordinance.
The City Council established administrative fines for fireworks-related violations. City staff set about implementing the Fireworks Ordinance Work Plan to achieve the 1 https://www.sanjoseca.gov/home/showpublisheddocument/46520/637230817393970000 2 https://sanjose.granicus.com/MetaViewer.php?view_id=52&clip_id=9056&meta_id=568285 PSFSS COMMITTEE AGENDA: 02/20/25
ITEM: (d)4.
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE February 5, 2025
Subject: Fireworks Ordinance Work Plan Status Report
outcomes of education and outreach, reporting, and enforcement to reduce the number of illegal fireworks-related injuries and fires, increase the number of actionable reports, and decrease the number of illegal fireworks hotspots.
Fireworks Ordinance Work Plan
As part of the Fireworks Ordinance Work Plan, City staff implemented numerous strategies to mitigate the use of fireworks and increase public awareness of the dangers associated with illegal fireworks, including the development of a robust marketing and outreach campaign; an online community firework reporting tool; a dedicated phone line for reporting assistance; enhanced mitigation and enforcement strategies; and regular reporting to the Public Safety, Finance and Strategic Support (PSFSS) Committee. The coordination of efforts spanned multiple departments, including the City Attorney’s Office, City Manager’s Office, Fire Department, Planning, Building and Code Enforcement (PBCE) Department, Police Department, and Information Technology Department.
Community outreach and messaging were expanded in 2019 to include the “Fed Up with Fireworks” banner displays at the City’s 34 fire stations, the issuance of outreach toolkits with campaign messaging to stakeholder groups, including the Mayor’s Office, City Councilmembers’ offices, community stakeholders, and using school electronic billboards for the first time. PBCE’s Code Enforcement Division conducted the first fireworks customer survey, which surveyed users of the online reporting tool to capture data about the residents’ experience. The Code Enforcement Division provided timely follow-up with residents whose reports resulted in issuing a warning notice or administrative citation.
On October 27, 2020, the City Council first directed3the City Manager to complete several new action items for the Fireworks Ordinance Work Plan. On August 17, 2023, the PSFSS Committee directed City staff to include illegal fireworks activities leading up to and after the Lunar New Year (Tết) holiday for the 2024 reporting period. The status of each work plan item is detailed in Attachment A, “Fireworks Ordinance Work Plan Items.” A detailed timeline of the City of San José history of policy and enforcement actions on illegal fireworks is provided in Attachment B, “Illegal Fireworks Activities Timeline.” A summary of data related to regulatory and enforcement efforts related to illegal fireworks is provided in Attachment C, “Fourth of July Summary.” Additionally, the summary of data related to regulatory and enforcement efforts related to illegal fireworks for the 2024 Lunar New Year (Tết) is provided in Attachment D, “Lunar New Year (Tết) Summary.”
3 https://sanjose.legistar.com/View.ashx?M=A&ID=790222&GUID=F2978693-B80B-43FD-AAF7-62DA2496E3A9
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE February 5, 2025
Subject: Fireworks Ordinance Work Plan Status Report
ANALYSIS
This memorandum provides an update on the new Fireworks Ordinance Work Plan action items and summarizes illegal fireworks mitigation activities occurring in calendar year 2024 related to Lunar New Year (Tết) and Fourth of July.
The Fireworks Ordinance Work Plan Team comprises of City staff from the Fire Department, Information Technology Department, PBCE, and Police Department. The team collaborated to plan and execute the efforts described below.
The 2024 Lunar New Year (Tết) and the Fourth of July Holiday Reporting Periods The illegal fireworks reporting period for the Lunar New Year (Tết) holiday was February 9, 2024, through February 19, 2024. This reporting window captures the weekend of the Lunar New Year (Tết) holiday and the weekend after.
The illegal fireworks reporting period for the Fourth of July holiday was June 1, 2024, through July 8, 2024. This standard reporting window was implemented by all internal Departments that partner on illegal fireworks efforts. The Fire Department and Police Department reporting windows were set to capture data related to fires and enforcement activity correctly. An overview and analysis of City staff efforts is provided below.
Fire Department
The Fire Department focused its outreach efforts on increasing public awareness of the dangers and risks of using illegal fireworks and how to report them through the San José 311 online portal and mobile application. Emphasis was placed on the extreme risk that illegal fireworks pose to the people, property, and environment during wildfire season. The Fire Department’s focus to create more equitable and accessible messaging through public outreach included safety and educational videos, graphics, and multipronged messaging to appeal to a diverse audience while utilizing English, Spanish, Vietnamese, and both traditional and simplified Chinese. A fireworks messaging toolkit was provided to various stakeholder groups, including the City Council, school districts, the All-District Leadership Group, neighborhood associations, and residents of the City’s Neighborhood Watch/Crime Prevention and Community Emergency Response Teams (CERT) groups.
Fire agencies throughout Santa Clara County partnered on campaign messaging to remind residents that fireworks are illegal, dangerous, and can result in fires and injuries that are easily preventable. Co-branded social media graphics were distributed to advise community members of locations across Santa Clara County where professional fireworks shows were scheduled and encouraged the public to leave firework activities to licensed and permitted pyrotechnicians. Additionally, consolidated media messaging
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE February 5, 2025
Subject: Fireworks Ordinance Work Plan Status Report
surrounding wildfire season and illegal fireworks was implemented between June and July 2024 to further the reach of the fireworks campaign.
The Fire Department continued to extend its reach in informing the public about the severe risks of illegal fireworks use through paid social media advertising campaigns.
Data-driven outreach was conducted using San José 311 fireworks hotspot data collected from the 2024 Fourth of July reporting period to determine high-use illegal fireworks neighborhoods around San José. Multilingual digital and social media advertisements featuring fireworks safety messages were deployed across San José with focused efforts in areas with higher rates of illegal fireworks reported. Additionally, multilingual billboards, banners, and bus shelter signs were placed in hotspot areas to increase public awareness.
Prior to the Fourth of July holiday, the Fire Department organized a press conference at Lake Cunningham Park in collaboration with the City Manager’s Office, the Mayor’s Office, the Office of District 8 Councilmember Domingo Candelas, the Office of District 4 Councilmember David Cohen, and the Police Department to share fireworks safety messaging and promote professional firework shows. The Fire Department encouraged the safe spectatorship of free, legally-sanctioned events like those held at Almaden Lake Park and Lake Cunningham Park.
During the 2024 Lunar New Year (Tết) reporting period, the Fire Department responded to 23 calls for service related to illegal fireworks, including 12 medical emergencies, one (1) structure fire, and 13 smoke/noise/smoke investigation complaints.
During the 2024 Fourth of July reporting period, the Fire Department responded to 102 calls for service related to illegal fireworks, including 38 vegetation fires, 17 outside rubbish fires, 12 medical emergencies, two structure fires, two vehicle fires, and 31 smoke/noise/smoke investigation complaints stemming from illegal fireworks requesting the Fire Department’s response.
Police Department
Responding to fireworks-related complaints remained challenging due to the competing demands from higher-priority Priority 1 and 2 service calls and overall service delivery challenges. To address fireworks-related concerns, the Police Department leveraged social media and public service announcement campaigns, emphasizing fireworks laws, public education, and deterrence in alignment with the Fire Department’s core messaging campaign, ensuring a unified approach to community awareness and safety.
The Police Department was not able to fully utilize the Internal Illegal Fireworks Hotspot Map Dashboard to deploy limited resources strategically in real time as originally planned.
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE February 5, 2025
Subject: Fireworks Ordinance Work Plan Status Report
Officers were reassigned to operate in a serpentine deployment pattern to maximize resources, visibility, and deterrence and create the perception of a larger police presence for the Fourth of July holiday. This served as a force multiplier for crowd control and enforcement efforts. Two on-duty sergeants were assigned to coordinate responses to fireworks-related 9-1-1 calls, prioritizing efficient communication with dispatch for high-priority incidents. Despite these efforts, officers still encountered significant challenges in effectively responding and conducting enforcement due to large crowds in public spaces such as City parks creating safety concerns.
Although intended to be utilized to deploy officers to high-volume firework reporting areas, the Internal Illegal Fireworks Hotspot Map Dashboard did not perform as planned. Unfortunately, the Hotspot Dashboard refresh rates were not updated in a timely manner, preventing the Police Department from deploying officers strategically in real-time. This required officers to modify their deployment model to compensate for gaps in accurate reporting information and maintain operational effectiveness.
Sergeants shifted to a self-deployment strategy, enabling officers to proactively respond to fireworks complaints and manage public safety concerns without relying solely on the dashboard’s outdated data. This adaptive approach helped mitigate the limitations of the dashboard system during the operation.
During the 2024 Lunar New Year (Tết) reporting period, a total of 106 firework-related incidents were reported through police dispatch, including both calls for service and selfinitiated events resulting in seven criminal citations and two arrests. Through the Fourth of July reporting period, reported firework-related incidents increased significantly, with 522 reported events resulting in seven additional citations and one arrest.
Planning, Building, and Code Enforcement Department
PBCE’s Code Enforcement Division continued year-round review of all registered user and anonymous reports submitted through the San José 311 online reporting tool for issuance of Warning Notices, citations, or Hotspot data.
Before the Fourth of July holiday, Code Enforcement coordinated with San José’s All District Leadership to host a webinar presentation and question and answer session to assist community members with submitting reports in the San José 311 reporting platform. Additionally, representatives from Fire Department and Police Department participated in the organized session.
During the Fourth of July reporting period, Code Enforcement reviewed a total of 824 reports. It issued a warning notice or administrative citation for reports with sufficient evidence of illegal fireworks activity and identification of a responsible party. Reports that did not result in a warning notice or administrative citation but provided details of where the fireworks occurred were utilized for Hotspot data. Of the 824 reports received, 29 were duplicate reports of the same incidents, 105 received warning
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE February 5, 2025
Subject: Fireworks Ordinance Work Plan Status Report
notices, and 690 were used for Hotspot data. No citations were issued. All parties that filed reports through the San José 311 platform with their contact information received automated email updates about the processing and outcome of their report.
During the 2024 Lunar New Year (Tết) reporting period, Code Enforcement reviewed 75 San José 311 online reports, resulting in citations, 18 warning notices, and 55 Hotspot data reports.
Information Technology Department’s San José 311
The San José 311 team continues supporting the Illegal Fireworks service, allowing users to report violations anonymously or while logged into their accounts. Anonymous reports contribute to the Illegal Fireworks Hotspot Map, which City staff uses to identify high-risk areas and strategically deploy resources. The public-facing dashboard visually displays both registered and anonymous reports, highlighting council districts and neighborhoods where illegal fireworks have been reported. Residents can use this tool to check the status and outcomes of service requests and see whether they resulted in a citation or warning. The dashboard restricts address-specific data and zoom-in levels to protect privacy, ensuring reports are only visible at a broader geographic scale.
The Internal Illegal Fireworks Hotspot Map Dashboard provides City staff with a more detailed, data-driven view of all reported incidents. This mapping tool enables staff to pinpoint locations of illegal fireworks activity with greater accuracy, offering critical insights for strategic patrol planning across San José. City staff are currently using data from the 2023 and 2024 Tết and Fourth of July reporting periods to identify recurring hotspots and allocate the City’s limited resources more effectively.
Now active year-round, the dedicated Fireworks Hotline (408-535-5600) provides recorded instructions directing a caller to the San José 311 online reporting services.
Residents may also report illegal fireworks by speaking to a customer service representative, selecting options that would transfer to either 9-1-1 dispatch in life/safety emergencies, San José 311 staff for non-emergencies during normal business hours, or transferring non-emergencies to the after-hours call center service, which uses call scripts from San José 311 staff and escalates if needed.
The following is a summary of the phone calls received during the 2024 Fourth of July reporting period (June 1 through July 8, 2024):
• There were 201 calls received on the fireworks hotline, of which 85 calls were transferred to the after-hours answering service.
• 116 calls were disconnected by the customer after listening to directions on how to report illegal fireworks through the San José 311 application or online portal.
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE February 5, 2025
Subject: Fireworks Ordinance Work Plan Status Report
Next Steps
The 2024 fireworks campaign was iteratively built on the successes of previous years.
The lessons learned over recent years reinforce the importance of identifying the components of a successful fireworks campaign, including the emphasis on public education and outreach, reporting, and enforcement. City staff will continue to focus on implementing work plan tasks, including the following for the 2025 campaign.
Outreach Campaign
The ongoing “Fed Up with Fireworks” campaign has provided valuable insight for the City to continue its efforts in providing an avenue for the community to participate in fun and safe spectatorship of legally sanctioned fireworks. The Fire Department will continue discussions with partnering departments to determine the feasibility of refreshing the campaign messaging, outreach, and distribution methods. City staff will continue to develop messaging for community outreach, providing new content, and revising the messaging to increase effectiveness and relevance for the target audience and time of year.
San José 311 Online Reporting Tool
Since its launch, the San José 311 online reporting tool has enabled more accuracy and ease of reporting and collection of data, increasing the number of actionable reports, such as hotspot mapping, and allowing for more strategic enforcement. However, since allowing anonymous users to submit reports in 2023, the percentage of warning notices and citations has declined. For example, in 2022, warning notices and citations were issued for approximately 20% of total reports. However, in 2024, only 12% of reports resulted in a warning notice or citation. Community stakeholders have also expressed dissatisfaction with the lack of enforcement resulting from online reports. To maintain effectiveness with a higher percentage of reports resulting in enforcement actions, staff will consider restricting report submissions once again to registered users only. The original shift away from requiring users to be registered was to increase accessibility and encourage more residents to participate.
As noted previously, refresh rates also posed challenges with using the Internal Illegal Fireworks Hotspot Map Dashboard. To address this issue, the Information Technology Department created a logic sequence to increase the frequency of refresh rates, ensuring real-time reporting for enforcement activities. Staff piloted the improvement over the 2025 Lunar New Year (Tết) reporting period, which functioned as planned.
Staff plans to have this available for the upcoming 2025 Fourth of July Holiday. Other process improvements, such as reporting submittals, submitted report analyses, enforcement, and targeted education strategies, will continue to be analyzed by staff to determine whether additional refinements and enhancements can be made to improve the San José 311 tool and user experience.
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE February 5, 2025
Subject: Fireworks Ordinance Work Plan Status Report
Enforcement Efforts
Effective January 2025, California State Assembly Bill 1403 increased misdemeanor penalties and potential jail time for fireworks violations. The State’s fining method differs from that of the City in that fines are based on the weight of unaltered dangerous fireworks and do not include “safe and sane” fireworks. The State’s fines start at $1,000 for possession of 25 pounds and increase to a maximum of $100,000 for possession of more than 5,000 pounds. The City’s fines start at $1,000 for the first violation and increase to $3,000 for a third and subsequent violation, as listed in San José Municipal Code 10.17.100. The Fire Department, Code Enforcement, and the City Attorney’s Office are evaluating updating the schedule of fines to align with the State for the sale of illegal fireworks of up to $100,000 and increasing the fine amount for spectators of illegal fireworks displays, which currently defaults to $25. Staff plan to make the appropriate changes to the schedule of fines and bring to the City Council for consideration later in the spring of 2025, to be in effect prior to the 2025 Fourth of July Holiday.
Staff is also exploring strategies to increase enforcement and mitigate life safety risks using improved real-time data and adaptive technologies. A tool being explored to enhance enforcement efforts and increase safety is the use of Unmanned Aerial Vehicles (UAVs). Deploying drones would allow staff to gather intelligence in real time, observe individuals igniting illegal fireworks, capture video evidence, and potentially issue administrative citations under the Social Host Ordinance, which assigns liability to property owners or renters for any unlawful use, discharge, or display of fireworks at their property or gathering. This technology could also provide a more effective method for identifying violators while enhancing enforcement capabilities and community and officer safety. In collaboration with the City Attorney’s Office and Code Enforcement, the Police Department is implementing a pilot program to utilize UAVs (drones) for the upcoming Fourth of July Holiday in 2025 in conjunction with the Social Host Ordinance.
The deployment location of UAVs will be determined based on hotspot mapping data from the 2024 Illegal Fireworks campaign.
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE February 5, 2025
Subject: Fireworks Ordinance Work Plan Status Report
COORDINATION
This memorandum was coordinated with the City Attorney’s Office, the City Manager’s Budget Office, and the City Manager’s Office of Communications. /s/ /s/
ROBERT SAPIEN, JR. PAUL JOSEPH
Fire Chief, Fire Department Chief of Police, Police Department /s/ /s/
CHRIS BURTON KHALED TAWFIK
Director, Planning, Building Chief Information Officer, and Code Enforcement Department Information Technology Department For questions, please contact James Dobson, Deputy Fire Chief/Fire Marshal, at [email protected] or (408) 535-7792.
ATTACHMENTS
Attachment A: Fireworks Ordinance Work Plan Items
Attachment B: Illegal Activities Fireworks Timeline
Attachment C: Fourth of July Summary
Attachment D: Lunar New Year (Tết) Summary
Attachment A: Fireworks Ordinance Work Plan Items
1. Create a Social Host Ordinance update to the existing Fireworks Ordinance to evaluate the feasibility of integrating the online reporting tool into the San José 311 application to enhance accessibility for mobile platform users and increase actionable reports.
Status: Completed. The Ordinance update was implemented in June 2021, and City staff created the San José 311 Report and Digital Strategy work plan. Illegal Fireworks services went live on the San José 311 online portal and mobile application in June 2022.
Anonymous report intake with data-driven Hotspot mapping went live in December 2022.
2. Return to City Council before the end of 2020 with a list of recommended applications to be included in the next San José 311 upgrade, describing any additional resources required.
Status: Completed. This direction was accomplished through the San José 311 Report and Digital Strategy Roadmap item presented at the January 5, 2021, City Council Meeting.
3. Reinstate the Fireworks Ordinance Work Plan in the Public Safety, Finance, and Strategic Support Committee.
Status: Completed. City staff will continue to provide the PSFSS Committee with an annual report.
4. Evaluate using unmanned aerial vehicles (UAVs) as an enforcement tool.
Status: In Progress. In collaboration with the City Attorney’s Office and PBCE – Code Enforcement, the Police Department is implementing a pilot program to utilize UAVs (drones) for the upcoming July 4th holiday in 2025. UAVs will be used in conjunction with the Social Host Ordinance to observe individuals initiating illegal fireworks, capture video evidence, and potentially issue administration citations in areas identified through Hotspot mapping.
5. Compare fine amounts across the Bay Area; collaborate with county, state, and federal partners on legislation to ban the use of fireworks and increase the punishment for violators.
Status: Completed. City staff made recommendations to the City Council regarding the City’s fireworks fines following a comparison of fine schedules in the Bay Area and similar-sized large cities in the United States. The recommendation to increase fine amounts from $500 to $1,000 for the first violations of the fireworks ordinance and escalate to $2,000 and $3,000 for subsequent violations was voted on and approved by the City Council on December 15, 2020.
6. Reevaluate the protocols for issuing citations.
Status: Completed. The City Attorney’s Office has reviewed the due process requirements for firework citation issuance. Citations may be issued when there is sufficient evidence to find that a violation of the San José Municipal Code has occurred and to identify the responsible party.
7. Evaluate the reinstatement of the Fireworks Hotspot Enforcement Plan.
Status: Completed. City staff identified resources to reinstate the Fireworks Hotspot Enforcement Plan, resulting in the development and implementation of an enforcement plan by the Police Department that utilizes uniformed and non-uniformed officers to curtail the illegal buying and selling of fireworks within the City limits while focusing their attention on areas known for the high use of illicit fireworks based on complaint data and Police Department’s computer-aided dispatch data. Additionally, implementing changes to the existing online reporting tool includes reporting field requirements and defined data points to minimize incomplete submissions and provide more actionable reports.
8. Collaborate with county, state, and federal partners on legislation to ban the use of fireworks and increase the punishment for violators. Engage with neighboring cities such as the City of Morgan Hill and the City of Gilroy to encourage county-wide bans and prevent fireworks sold and used in other cities from entering San José.
Status: Ongoing. The City Manager’s Office of Administration, Policy, and Intergovernmental Relations collaborated with partners at the county and state levels and the City’s federal lobbying staff to ban fireworks and increase the prosecution of violators.
While the City of Morgan Hill has banned all fireworks within the city limits, the City of Gilroy continues to allow the sale and use of “Safe and Sane” fireworks. The Fire Department reached out to the Gilroy Fire Department to see if movement towards banning all fireworks was being evaluated, and they were told there were no plans to modify current allowances. The Fire Department also engaged with the City of Elk Grove Police Departments in coordination with San José neighborhood associations to discuss implementing a Police drone program in coordination with the Code Enforcement Department. By creating partnerships with community associations and affiliated agencies such as the Elk Grove Police Department, San José partnering agencies will initiate a pilot of a local drone program.
9. Evaluate educational campaigns for cultural competency.
Status: Ongoing. Campaign messaging will continue to be refined and refreshed to enhance cultural competency and overall effectiveness. During this reporting period, advertisements were deployed in multiple languages across digital and out-of-home (OOH) channels, with language choices matched to each location to engage diverse communities best and avoid any perception of targeting specific groups. Universally applicable themes were also specifically selected.
10. Search for potential state and federal funding sources to invest in enforcement mechanisms and programs to deter illegal fireworks use.
Status: Ongoing. The Fire Department submitted for a two-year Fire Prevention and Safety (FP&S) grant through the Federal Emergency Management Agency (FEMA)to enhance the education campaign on behalf of the city for $180,700. While the grant proposal was not accepted, the Fire Department will refine the submittal for the future and continue to analyze available opportunities to provide funding sources.
11. Update the annual PSFSS Work Plan update to include Lunar New Year (Tết) Illegal Fireworks campaign actions to deter illegal fireworks use.
Status: Completed. City staff will continue to provide this report to the PSFSS Committee, including activities surrounding the Lunar Near Year (Tết) Holiday.
Attachment B: Illegal Activities Fireworks Timeline
Date Activity
1977-1984 State-approved fireworks were allowed in San José. 1984 City Council amended the San José Municipal Code banning all fireworks, including “safe and sane” fireworks.
2014 Fire and Police Departments were directed to look for options that might slow and eventually contain the illegal use, sale, possession, and storage of fireworks.
August 20, 2014 Rules and Open Government Committee directed the City Manager to draft and bring forward to the City Council an ordinance that would authorize the issuance of Administrative Citations and fines for the use, possession, sale, and storage of fireworks.
June 23, 2015 City Council directed City staff to establish a new framework to cite, fine, and adjudicate the use, possession, sale, advertisement for sale, transportation, and/or manufacturing of fireworks and to explore the use of Administrative Citations in addition to criminal charges.
April 12, 2016 The City Council adopted an ordinance amending the San José Municipal Code to prohibit the sale, use, possession, and storage of all types of fireworks. A resolution was also adopted, amending the City Council Citation Schedule of Fines to establish administrative fines for fireworks-related violations.
July 1, 2016-
July 5, 2016
Illegal Fireworks Pilot Program entailed scope for publicity and enforcement. Illegal Fireworks Online Reporting System was created as a technology solution to allow the public to inform the City of illegal fireworks activity (up to six Code Enforcement Inspectors and four to six Fire Prevention Inspectors to review online reports).
April 2017 The Police Department created a list from 2016 Fourth of July data identifying 62 “hotspots” citywide.
May-June-July 2017 The City instituted a comprehensive marketing and outreach campaign, implemented a new online firework reporting platform, and deployed “in the field” enforcement personnel for the 2017 Fourth of July holiday.
September 2017 The City Manager designated the Fire Department as the lead department for coordination and project implementation. City Council provided direction on Fines and Appeals, Use of Volunteers, and Outreach and Marketing Campaigns.
November 28, 2017 A high-level Illegal Fireworks Plan was developed and presented to City Council. The Fire Department expanded its illegal fireworks messaging campaign and online reporting to New Year’s Eve and Tết /Lunar New Year, created a “Save Lives, Including Your Own” New Year’s Eve fireworks and Tết /Lunar New Year campaign, established a dedicated phone line for reporting illegal fireworks activity, and updated and improved Illegal Fireworks Online Reporting Form.
January 1, 2018 The City established a new advance deposit hardship waiver qualification criteria for all Administrative Citations.
March 16, 2018 The Fire Department applied for a Federal Emergency Management Agency, Department of Homeland Security Fire Prevention & Safety Grant to provide education and awareness funding to assist the city in accomplishing illegal fireworks goals.
March 20, 2018 City Council approved the Mayor’s March Budget Message for 2018-2019, which approved one-time funding to support the Rotary International 2018 Fourth of July Fireworks event.
April 2018 The City established Education and Awareness, Reporting, and Enforcement as major program components, along with lowering injuries and fires, increasing the number of actionable reports, and decreasing the number of illegal fireworks hotspots as program goals.
August 2018 Fire Department Information Technology City staff took over support of the online reporting tool.
February 2019 Planning, Building and Code Enforcement Department conducted a community survey, receiving 178 responses out of 616 surveys sent out.
May 2019 The Fire Department partnered with Andrew P. Hill High School, Leigh High School, and Dartmouth Middle School to display messaging campaigns on digital boards and banners.
June 2019 Google translation services were added to the online reporting system.
July 2019 Planning, Building and Code Enforcement Department sent emails and made phone calls to reporting parties who submitted reports during the 2019 Fourth of July reporting period, advising individuals that their report resulted in the issuance of a Warning Notice.
July 2020 COVID-19 Pandemic shelter-in-place orders presented significant challenges. The City focused on fireworks outreach through social media, community-based networks, and alternate activities. These approaches used data from previous years to target social media campaigns and community contact.
December 2020 On December 15, 2020, the City Council approved $1,000 fines for the first, and $2,000 and $3,000 fines for subsequent, illegal firework violations.
May 2021 City Council approved a Social Host amendment to the Fireworks Ordinance on May 25, 2021.
June 2021 The Police Department instituted dedicated enforcement leading up to the 2021 Fourth of July holiday, in conjunction with a social media campaign to prevent, educate, and deter illegal fireworks activity. The online reporting tool was refined with an updated version activated on June 15, 2021.
June 2022 The City deployed San José 311 as the online portal for mobile application reporting services.
June 2023 Staff developed the updated San José 311 “Illegal Fireworks” dashboards for public and City staff use.
Staff targeted advertising and initiated resource deployments using hotspot mapping data. The Police Department cited spectators who actively observed illegal fireworks displays in accordance with the social host ordinance.
June 2024 A new fireworks campaign was launched, asking, “What do you have to lose?” and encouraging residents to “Keep pets out of shelters.” Additionally, the Fire Department partnered with the Office of District 4 Councilmember David Cohen to distribute 300 reusable lawn signs in parks across the city, reminding residents that parks close at dusk and fireworks are illegal.
Attachment C: Fourth of July Summary
2017 2018 2019 2020 2021 2022 2023 2024
Hotspots 62 N/A N/A N/A N/A 1,341 reports 1,006 reports 819 reports Fire Permits 4 events 4 events 0 (COVID-19) 2 events
(Neither on July 4)
2 events: Almaden
Lake Park and
Discovery Meadow
4 events:
Almaden Lake Park,
Discovery Meadow,
Excite Ballpark,
Silver Creek Valley
Country Club
5 events:
Almaden Lake Park,
Lake Cunningham Park,
Excite Ballpark (2),
Silver Creek Valley County Club
Police Block
Party Permits
40 permits issued 37 permits
issued
29 permits issued 0 (COVID-19) 7 permits issued 29 permits issued 30 permits issued 27 permits issued Actionable
Online
Reports
- 92 161
(Includes
duplicates)
335 489
(Includes 101 duplicates)
1,201 998 795
Online
Report Stats
1,075 reports filed 3,421 reports
filed (1,017
insufficient
info,
2,312
incomplete)
1,946 reports
filed.
(596 insufficient
info. /
1,189 incomplete)
6,601 reports filed.
(2,672 insufficient info, 3,416
incompletes, 178 duplicates)
1,769 reports filed.
(1,280 insufficient info.)
1,344 reports filed.
(143 duplicates)
1,010 reports filed.
(12 duplicates)
824 reports filed.
(29 duplicates)
Citations
Issued
5 (PBCE) 4 (PBCE) 7 (PBCE) 4 (PBCE) 10 (PBCE) 10 (PBCE) 0 (PBCE) 0 (PBCE) Police
Criminal
Citation
9 (Citation) 1 (Citation) 1 (Citation)
2 (Arrests)
1 (Citation)
3 (Arrests)
13 (Citations) 15 (Citations)
2 (Arrests)
11 (Citations)
19 (Spectator Citations)
3 (Arrests)
7 (Citations)
1 (Arrest)
Warnings
Issued
161 (PBCE) 88 (PBCE) 150 (PBCE) 331 (PBCE) 378 (PBCE) 252 (PBCE) 120 (PBCE) 105 (PBCE) Fire/Police
Confiscations
40 lbs. (Fire)
50 lbs. (Fire)
voluntary disposal
2,760+ lbs. (Police)
0 lbs. 300 lbs. 450 lbs. (Police) 550 lbs. (Police) 50 lbs. (Police) 39,000 lbs. (Police in collaboration with Fire’s
Arson Unit)
300 lbs. (Police 2024 calendar year)
Fire Calls for
Service
17 fireworks-related
calls (including 8
fires
28 fireworksrelated calls
(including 14
fires)
23 fireworksrelated calls
(including 15
fires)
124 fireworks-related calls
(including 54 fires and 2 medical
emergencies)
56 fireworks-related calls
(including 32 fires)
79 fireworks-related
calls (including 64
fires, 9 medical
emergencies, and 6
service calls)
86 fireworks-related calls
(included 41 fires, 8
medical emergencies, 37
smoke and noise-related
complaints)
102 fireworks-related calls (included
59 fires, 12 medical emergencies, 31
smoke and noise-related complaints)
Police Calls
for Service
378
(June 1 – July 6)
556
(June 1 – July
6)
430
(June 1 – July 6)
2,031
(June 1 – July 6)
1,078
(June 1 – July 6)
625
(June 1 – July 10)
567
(June 1 – July 10)
522
(June 1-July 8)
Hotline Calls N/A 611 (Including
27 by Call
Center and 411
after-hours)
787 (Including 68
by Call Center and
434 after-hours)
1,973 (Including 1,073 by Hotline
directed to online form, 889
answered by staff, 77 answered by
311)
1,299 (Including 651 by
calls by Hotline, 409
directed to online form,
236 answered by staff)
527 calls received via
the illegal fireworks
Hotline; 1 call
answered by staff
247 calls received via the
illegal fireworks Hotline;
151 calls answered by
after-hours provider.
201 calls received via the illegal
fireworks Hotline; 85 calls answered
by the after-hours provider.
Attachment D: Lunar New Year (Tết) Summary
2024
Hotspots 75 reports
Fire Permits 4 events: Bay 101 Casino, History Park (2), Casino M8trix Police Block Party Permits 0
Actionable Online Reports 75
Online Report Stats 75 reports were filed.
(No duplicates)
Citations Issued 2 (PBCE)
PD Criminal Citation 7 (Citations)
2 (Arrests)
Warnings Issued 18 (PBCE)
Registered User Reports Used for
Hotspot Data
32 (PBCE)
Fire/PD Confiscations 300 lbs.
(2024 calendar year)
Fire Calls for Service 23 fireworks-related calls (included one (1) fire / nine (9) medical emergencies, 13 smoke and noise-related complaints)
PD Calls for Service 106
(February 9-February 19)
Hotline Calls 6 calls received via the illegal fireworks Hotline; 2 calls answered by the afterhours provider