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Home My WebLink AboutD-2 Staff Report - Scheduled - Illegal Fireworks Enforcement DiscussionSCHEDULED ITEM D-2 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MIKE BERTELSEN, CHIEF OF POLICE DATE: MAY 3, 2021 SUBJECT: DISCUSSION AND DIRECTION REGARDING FIREWORKS ENFORCEMENT IN THE CITY OF AZUSA BACKGROUND: At the April 19, 2021 City Council meeting it was requested that staff examine the penalties associated with the discharge of fireworks in Azusa, and explore the possibility of establishing a reward program for community members that provide information identifying subjects engaging in illegal use of fireworks. The Azusa Municipal Code currently allows for enforcement of fireworks violations through administrative fines (Sec. 30-137). Fines associated with violations involving legally sold fireworks begin at $250 for the first violation and $500 for all subsequent violations. Fines associated with illegal fireworks are $1,000 for the first and subsequent violations. Fines are based on the number of violations committed annually. California Health and Safety Code 12671 also makes it unlawful for any person to sell, offer for sale, use, discharge, possess, store, or transport any type of fireworks within this state unless the State Fire Marshal has classified and registered such fireworks. Azusa does not currently have a municipal code authorizing a reward program related to the illegal discharge of fireworks. RECOMMENDATION: It is recommended City Council review the information contained in this report and provide direction regarding a possible change to fines and rewards program. ANALYSIS: Every year, many Azusa residents and visitors celebrate the July 4th Independence Day holiday by discharging fireworks. In addition to discharging legally sold fireworks, a significant number of residents, visitors, adults, and minors discharge dangerous illegal fireworks. The discharge of illegal Direction Provided 05/03/2021 Fireworks Discussion May 3, 2021 -2- fireworks has become significant enough that the Police Department now receives complaints about illegal fireworks throughout the year. Complaints about the discharge of legal fireworks are minimal. As a result, the fines associated with legal fireworks are graduated and lower. Fines associated with violations involving legally sold fireworks begin at $250 for the first violation and $500 for all subsequent violations. It is believed the reduction or elimination of sales of legal fireworks would have little impact on the discharge of illegal fireworks. The Azusa Police Department works to take enforcement action related to the illegal discharge of fireworks year round. Enforcement for the discharge of illegal fireworks can be difficult since many people discharge the fireworks intermittently and/or from the privacy of their private backyards. Even if a possible offender or offender address is identified to officers, they must witness a violation to take enforcement action. Administrative citations can be written to an individual person or property owner. In 2020 the Azusa Police Department had 793 calls for service associated with fireworks. 233 of those calls for service took place between July 1st and July 5 th. During July 4th enforcement operations, 43 administrative citations were issued to violators. A total of 60 administrative citations were issued in 2020. Of the $59,200 in fines issued, $25,080 have been collected through the City’s administrative citation collection system, with $26,220 still being owed to the City. Please note that eight (8) of the citations were successfully appealed and overturned, therefore reducing the total amount of fines issued. Additionally, the City’s administrative citation collection system will ultimately refer unpaid citations to the State’s Franchise Tax Board. Outstanding funds may then get collected from tax refunds, lottery winnings, or via other means, and then be applied to the outstanding debt. Graduated Fine Schedule One possible option that might impact the increased use of illegal fireworks in Azusa is the expansion of the graduated fine schedule. Currently, fines associated with illegal fireworks are $1,000 for the first and subsequent violations. Following the model used for legal fireworks violations, a graduated fine schedule could also be used for illegal fireworks. For example, the fine for illegal fireworks could begin at $1,000 for the first violation and $2,000 for all subsequent violations. It should be noted that both the United States Constitution and the California Constitution prohibit “excessive fines.” Although “excessive fines” is not well defined, courts generally consider four factors in determining if a fine is excessive: “(1) the defendant’s culpability; (2) the relationship between the harm and the penalty; (3) the penalties imposed in similar statutes; and (4) the defendant’s ability to pay.” (People v. Braum, 49 Cal. App. 5th 342, 360 (2020).) Despite the prohibition on excessive fines, some California cities have increased their fine amounts above $1,000. For example, the City of Fontana lists an initial fine amount of $2,500 for illegal fireworks use, with a second fine amount of $5,000, and $10,000 fines for the third and subsequent instances. The City of Lompoc has an initial fine of $1,000, with subsequent fines listed at $2,000 each. While the City of Azusa’s fine amounts are currently on par with those of other municipalities in the San Gabriel Valley region, Azusa’s proximity to the canyon and San Gabriel Mountains may merit special consideration of an increased and graduated fine schedule. For reference, listed below are current fine amounts for neighboring cities: Fireworks Discussion May 3, 2021 -3- City 1st Fine Subsequent Fines Covina $1,000 “ West Covina $1,000 “ Irwindale $1,000 “ La Verne $1,000 “ Arcadia $1,000 or 0.18 Bitcoin “ Monrovia $1,000 “ Illegal Fireworks-Reporting Reward Program Another approach to impacting the increased use of illegal fireworks could be establishing a reward program for community members that provide information identifying subjects engaging in illegal use of fireworks. The City currently has a reward program for information leading to the arrest or conviction or plea of guilty of persons engaging in graffiti crimes. The current reward amount is $100. In 2015 the City of El Monte implemented a “We Tip” fireworks reward program with limited success. Their program required Dispatchers to track who called in a fireworks violation while Officers responded and attempted to locate the identified subject. They received very few tips and issued only a few rewards. It’s unknown if the lack of success was due to a low reward amount ($50) or simply due to the sheer number of fireworks related complaints received during their enforcement period. They have suspended their reward program. It can be anticipated a reward program would be difficult to implement in the City of Azusa. As already stated, enforcement for the discharge of illegal fireworks can be difficult since many people discharge the fireworks from the privacy of their backyards or intermittently. Even if a possible offender or offender address is identified to officers, they must witness a violation to take enforcement action. Additionally, the significant amount of fireworks activity and calls received during the July 4th holiday period would make it extremely difficult for officers to respond to and identify specific suspects that have been reported. FISCAL IMPACT: Minimal, depending on course of action taken by City Council. Prepared by: Reviewed and Approved: Mike Bertelsen Sergio Gonzalez Chief of Police City Manager