HomeMy WebLinkAbout01/08/2016
B A K E R S F I E L D
Staff: Committee Members:
Steven Teglia, Assistant City Manager Councilmember, Terry Maxwell - Chair
Chris Gerry, Administrative Analyst III Councilmember, Jacquie Sullivan
Councilmember, Chris Parlier
Special Meeting of the
Legislative and Litigation Committee
of the City Council – City of Bakersfield
Friday, January 8, 2016
12:00 p.m.
City Hall North, First Floor, Conference Room A
1600 Truxtun Avenue, Bakersfield CA 93301
A G E N D A
1. ROLL CALL
2. ADOPT SEPREMBER 21, 2015 AGENDA SUMMARY REPORT
3. PUBLIC STATEMENTS
4. DEFERRED BUSINESS
A. Continued Discussion regarding the Sale of Legal Fireworks – Teglia
B. Continued Discussion regarding an Administrative Citation Program
- Gennaro
5. NEW BUSINESS
A. Discussion and Committee Recommendation regarding Adoption
of the 2016 Committee Meeting Schedule - Teglia
6. COMMITTEE COMMENTS
7. ADJOURNMENT
B A K E R S F I E L D
/s/ Steve Teglia Committee Members
Staff: Steve Teglia Councilmember, Terry Maxwell, Chair
Assistant City Manager Councilmember, Jacquie Sullivan
Councilmember, Chris Parlier
REGULAR MEETING OF THE LEGISLATIVE AND LITIGATION COMMITTEE
Monday, September 21, 2015
12:00 p.m.
City Hall North – Conference Room A
1600 Truxtun Avenue, Bakersfield, CA 93301
The meeting was called to order at 12:00 p.m.
1. ROLL CALL
Committee members:
Councilmember, Terry Maxwell, Chair
Councilmember, Jacquie Sullivan
Councilmember, Chris Parlier
City Staff:
Steve Teglia and Chris Huot, Assistant City Managers
Christopher Gerry, Administrative Analyst – City Manager’s Office
Caleb Blaschke, Management Assistant – City Manager’s Office
Virginia Gennaro, City Attorney
Joshua Rudnick and Richard Iger, Deputy City Attorneys
Greg Williamson, Chief of Police
Doug Greener, Fire Chief
Captain Vic Mabry, Bakersfield Fire Department
Nelson Smith, Finance Director
Tessa Andrews, Treasurer
Doug McIsaac, Community Development Director
Additional Attendees:
Jim Wilson and Johna Wilson, TNT Fireworks
Dennis Revell, Revell Communications/TNT Fireworks
Jim Baldwin, BARC
Julie Johnson, City of Bakersfield Animal Care Center/SPCA
Jesse Munoz and Victor Perez, Believers in Jesus Church
Margie Aichele, West High School Regiment Band Boosters
Catie Holsonbake and Shelly Eagar, Norris Elementary School PTC
Dianna Matthias, Ridgeview High School Music Boosters
Bill Brimmer and Marlys Brimmer, San Joaquin Sports Divers
Danita Melton, Buena Vista Museum
Members of the Media
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2. ADOPT AUGUST 24, 2015 AGENDA SUMMARY REPORT
The Report was adopted as submitted.
3. PUBLIC STATEMENTS
None
4. DEFERRED BUSINESS
A. Continued Discussion regarding the Sale of Legal Fireworks
Fire Chief Greener referred to a memorandum that had been provided in response
to questions posed by the Committee at the previous meeting. The key points are:
• A member of the Fire Department will be present in court when citations are
heard by the Judge.
• The drop-off period for illegal fireworks will be extended from one to three
days.
• The drop-offs will only be allowed at Fire Station #1.
• It may not be possible to augment the tip line with more reserve fire fighters.
• Public Service Announcements (PSA’s) will be upgraded to include language
about pet care and litter cleanup.
• The City Attorney provided a chart that showed fines levied by other cities,
which are generally the same as the City of Bakersfield at $1,000.
• Safety personnel must see a violation in progress in order to issue a citation.
• Aerial observations could be construed as a violation of privacy.
• The cost of enforcement will not decrease with a ban on fireworks.
• The City and County have slightly varying ordinances.
Public Statements:
• Marlys Brimmer spoke on behalf of the San Joaquin Sports Divers, which raises
money for the Kern County Search and Rescue divers. If legal fireworks are
banned, more illegal fireworks will be used, generating more fires and injuries.
• Margie Aichele spoke on behalf of the West High Regiment Band Boosters.
The money they raise is for scholarships for qualified seniors at the end of the
year, and it helps the band with expenses. If fireworks are banned, it will not
make a difference.
• Catie Holsonbake spoke on behalf of the Norris Elementary School PTC. The
school does not serve low- to middle-income students, and, therefore, does
not qualify for any grants. Their fundraiser helps to fund activities at the
school, such as field trips. She does not support a ban.
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• Dianna Mathias spoke on behalf of the Ridgeview High School Music Boosters.
The net sales amount funds one half of the program’s operating budget. She
understands both sides of the issue.
• Victor Perez spoke on behalf of the Believers in Jesus Church. The sale
proceeds assist with youth programs. He spoke against a ban.
• Dennis Revell spoke on behalf of Revell Communications and TNT Fireworks.
He distributed information received from the City as a result of his request
submitted under the Freedom of Information Act. He believes there should be
more State regulations and enforcement. He said that charter cities have the
option to levy higher fines, if desired. His company issued a Request for
Proposals for a phone application to report violations.
• Jim Baldwin spoke on behalf of BARC. He said that non-profit organizations
rely on fundraisers. He offered to help in any way that would help mitigate the
problem, even to volunteer to help collect caches of illegal fireworks. BARC
does everything legally.
• Shelly Eagar spoke on behalf of the Norris Elementary School PTC. Kids love
fireworks and it is a once-a-year outlet for them. Parents are in control while
they are being used, and they are safety conscious. The problem is with the
illegal fireworks.
• Jesse Munoz spoke on behalf of the Believers in Jesus Church. The proceeds
are used for youth programs. They provide a safe environment for fireworks
sales. He asked for the opportunity to continue to raise money for Church and
youth functions.
Committee member Sullivan stated that her position is clear; she is not in favor of
banning legal fireworks. She is disappointed in how the citations were handled in
Court, but knows that City staff is working on a solution. She thanked everyone for
coming to the meeting. She asked the City Attorney to look into the issue raised by
Mr. Revell whereby charter cities can set their own fines, and what the amount for
the second offense is.
City Attorney Gennaro said that both Deputy City Attorneys in attendance reviewed
that issue, and recommend that the current fine amount remain unchanged. Other
charter cities have set their fine in the $1,000 range, also. Fines for subsequent
offenses are set by the Court; however, should the City Council decide to adopt an
administrative process, then the amount could be set by the Councilmembers.
Committee member Sullivan asked staff to look into the possibility of using an app in
an effort to make enforcement as effective as possible. She clarified some of the
statistics contained within the report provided by the Fire Department. She asked
the Fire Chief if the City and the County viewed the situation in the same way.
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Fire Chief Greener said that there is a disparity between the City and County in that
the City bans Piccolo Petes and Ground Bloom Flowers, but the County does not.
Also, the County bans fireworks in County parks, but the City does not ban fireworks
in City parks.
Committee member Parlier asked Assistant City Manager Teglia to look into the
possibility of using the City Source App for reporting illegal fireworks. He asked the
Fire Chief what fire threats or hazards there may be to City parks in areas of interface
with the County; and if the City mirrored the County’s ban, would it help reduce any
potential threat.
Fire Chief Greener said that a survey would have to be done to determine what
specific threats there might be. There is likely to be some degree of a fire threat, but
not to the extent that exists in a County park, such as Hart Park. A ban of fireworks in
City parks would help with potential problems.
Assistant City Manager Teglia added that while the use of fireworks is not
encouraged in City parks, it is not banned according to the Municipal Code. But if
the City Council decided on such a ban, an additional benefit is that it would help
reduce the litter that results from fireworks usage. Alternatively, additional calls for
service would be generated. The City Manager’s staff will look into the issue and
evaluate the possibility of banning fireworks in City parks.
Committee member Parlier directed that the topic be tabled until staff can provide
the necessary information and bring it back to the Committee for further discussion.
Committee member Parlier asked if staff had any statistics related to enforcement
on the first day of allowed usage versus the remaining days, and if it might help
enforcement efforts to eliminate day one and/or day two. He asked Assistant City
Manager Teglia to gather statistical information and cost analysis regarding this issue,
and report back to the Committee.
Fire Chief Greener said that activity levels on days one and two are low, but
reducing the number of days that fireworks can be used would help efforts.
Committee Chair Maxwell said that Pleasanton had a ban in place for years, but
recently repealed it. He asked staff to provide information as to how many cities
may be leaning towards a ban versus those that allow legal fireworks. He added
that his idea of an aerial method to watch for illegal fireworks usage is to use Google
Maps and watch in real time. A screen shot could be captured, and, through an
administrative process, the homeowner would receive a ticket in the mail.
Committee member Parlier asked Assistant City Manager Teglia if staff could look
into the possibility of using Council Contingency funds to produce a fireworks display
on the east side of town to benefit those individuals who may not be able to attend
the public display at the Park at River Walk.
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Committee Chair Maxwell said that the issue will be tabled until staff can provide the
requested information. He thanked everyone for coming, as it helped the
Committee members to form a consensus as to the best direction to take.
A recess was called at 1:00 p.m.
The meeting reconvened at 1:08 p.m.
5. NEW BUSINESS
A. Discussion regarding Potential Options in Developing an Administrative Process in
the Municipal Code
City Attorney Gennaro showed a PowerPoint presentation and gave a brief
overview of the contents, which explained the difference between criminal and
administrative citations. This was done in response to a referral by Councilmember
Parlier to provide information on the potential of developing an administrative
process.
Some key points are:
• A criminal violation must occur in the presence of peace officer, but an
administrative violation does not.
• If a criminal case is sent to a jury, the City must prove beyond a reasonable
doubt that the violation occurred. In an administrative case, an informal
hearing is held where only a preponderance of the evidence is necessary.
• A criminal case is handled by the Court; the City will only provide the key
witness. An administrative case would be handled solely by City staff.
• Should a criminal case lead to a conviction, the individual will then have an
infraction or misdemeanor on his/her record, and the Court determines and
collects any fines. A conviction in an administrative case does not lead to a
spot on the individual’s record. The hearing officer would determine the
amount of the fine. At issue in this instance is that the City would need a tool
to collect the fine.
The City Council would have the option to add the administrative process to all
sections in the Municipal Code or to establish an administrative process for select
crimes, such as watering violations, littering and use of illegal fireworks, for example.
Committee member Parlier asked staff to provide information that shows what staff
resources would be necessary for each of the two options.
Fines would be determined by resolution. Should the individual elect to appeal the
citation, the fine would have to be paid before an appeal hearing would be held. If
the hearing officer later determined that the fine should be repealed or reduced,
then a refund would be issued. Committee member Parlier asked staff to look at the
potential to either cap the fine at $1,000 or levy a higher amount for certain
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violations, such as for certain Code violations, perhaps on a per-day or per-week
basis.
Committee member Parlier asked if it was possible to send the matter to a collection
agency, and City Attorney Gennaro said that that step could be added to the
process. It was noted that only select personnel who receive specialized training
would be allowed to issue citations.
Public Statement
• Dennis Revell with Revell Communications stated that, in 2008, there was a
model ordinance and citation on the State Fire Marshall’s website, and he
would forward it to staff. He added that some cities have expanded their
enforcement resources to include Code Enforcement officers and parking
enforcement personnel. Fontana and Palmdale have increased their fines
beyond $1,000. In administrative cases, each City retains the funds generated
from the fines.
Committee member Parlier confirmed with Police Chief Williamson that having an
administrative process in place would provide another tool to address some of the
violations that must now occur in the presence of a peace officer. Mr. Parlier would
also like other departments to determine if an administrative process might assist
them, and in what way(s).
Committee member Sullivan stated that this process would be beneficial, but she did
not want to impose more work on staff.
Assistant City Manager Teglia said that there are a number of different sections in the
Municipal Code that could be enforced through an administrative process. He
suggested choosing one issue as a pilot program once the framework for the process
has been determined by the Committee. The program would then be evaluated
and modified accordingly before it is expanded to address other issues.
Committee Chair Maxwell directed staff to work quickly, but comprehensively. He
asked that the City Manager’s Office and City Attorney’s Office select some issues to
start with, and he would like the Finance Director to provide information on potential
costs and how the fee schedule would be set up in order to recover those costs, as
the program needs to pay for itself. He thanked Committee member Parlier for
making the referral.
6. COMMITTEE COMMENTS
None
7. ADJOURNMENT
The meeting adjourned at 1:38 p.m.
OFFICE OF THE CITY MANAGER
MEMORANDUM
January 4, 2016
TO: Members of the Legislative and Litigation Committee
Councilmember Terry Maxwell, Chair
Councilmember Jacquie Sullivan
Councilmember Chris Parlier
FROM: Steven Teglia, Assistant City Manager
SUBJECT: Responses to Questions from the September 21, 2015 Committee
Meeting Discussion Regarding Personal Use Fireworks
______________________________________________________________________________ The Legislative and Litigation Committee continued the discussion regarding the sale
and use of fireworks during their meeting of September 21, 2015. During the meeting
the Fire Chief provided a memo with information responding to questions from the
previous discussion on the same topic. After hearing input provided by the Fire Chief
and members of the public who were in attendance, the Committee members had
several follow-up questions that required further examination. Below are the
questions/comments that were provided with staff’s responses to each.
Use of the City Sourced Mobile Application:
Councilmembers Sullivan and Parlier asked staff to look at the feasibility of utilizing the
City’s Mobile Application (App) as an additional tool for the public to report the use of
illegal fireworks.
Currently the City offers an App which allows the public to inform the City on service
related matters such as requesting graffiti removal, the existence of potholes, street light
or traffic light outages, water waste complaints and a couple other items.
The App has been very successful since it was introduced to the public and the
platform is capable of expanded use. Including a category, which may be seasonal,
such as reporting illegal firework use can be done; however, several items should be
considered before making such a decision, including:
• The existing App options do not include items requiring an emergency response.
Fireworks
January 4, 2016
Page 2
• Information provided via the App would have to be put into the same queue as
the information received through the options below. Additional research would
be required to identify how this would occur.
• Follow-up on requests submitted through the App may not occur given the
volume of calls for service via traditional methods during this period.
Current reporting mechanisms for reporting illegal fireworks use include:
• The Fire Department Headquarters – (661) 326-3911 (8AM – 5PM, M-F)
• The Fire Department Fire Tip Line – 800-FIRE-TIP (24/7)
• The Fireworks Enforcement Tip Line – (661) 868-6070 (7PM – 12AM, July 3-4)
• The Emergency Communications Center 9-1-1 (24/7)
Based on the information discussed above, staff does not recommend utilizing the App
for reporting illegal fireworks use. Existing reporting mechanisms provide for a significant
volume of reports during this period, which inundates the enforcement teams assigned
to respond.
Consideration of Banning Use of Personal Fireworks in City Parks:
Councilmember Parlier wanted staff to evaluate the option of banning legal personal
use fireworks in City Parks.
Although not encouraged, legal personal use fireworks are not expressly prohibited in
City parks. Banning the use of such fireworks in City parks may reduce the potential for
collateral issues such as inadvertent fires and or any trash and debris issues related to
fireworks use (although staff is not aware of either being a major issue).
However, reports of fireworks use in City parks, once a ban is in place, may create an
additional enforcement burden on staff that is already heavily inundated during the
Fourth of July period. With this being the case, such a ban may have little impact due
to a lack of enforcement resources.
The Fire Department would support such a ban as it would be a move towards an
overall reduction in City-wide fireworks use, but shares the concern with respect to
enforcement issues and ultimate impact to the issue at hand.
The Recreation and Parks Department also supports such a ban, as in their view,
prohibiting the use of fireworks in City parks will provide a firework free area for families
who utilize park amenities during the Fourth of July. In addition, Recreation and Parks
has a concern that fireworks use can lead to damage to park equipment and increase
the potential of inadvertent fires in and around the parks.
Fireworks
January 4, 2016
Page 3
Statistics Related to Enforcement:
Councilmember Parlier asked if staff had any statistics related to enforcement activity
on the various days of allowable fireworks sale and use. He was particularly curious how
the data might impact the potential recommendation to reduce the number of days
fireworks can be used (currently July 1st, 2nd, 3rd, 4th and Dec. 31st). Attached is
information provided in a Press Release by the Fire Department which provides
information related 2015, summarized below:
2015 Statistics July 1 July 2 July 3 July 4
Fireworks Related Calls 8 22 115 633
Fireworks Related Fires 0 1 0 14
Citations 1 3 3 37
The information above illustrates that the highest concentration of fireworks related calls
and fires occurs on July 3rd and July 4th. Prohibiting the use of fireworks by one or two
days (presumably the 1st and 2nd) may have the benefit of limiting overall use of
fireworks, thus allowing enforcement on those days to be simplified. This type of action
may be a reasonable step towards focusing fireworks use to a lesser number of days
than is currently allowed. It is expected that current enforcement activities will need to
be maintained in the first year or two after such a reduction as an adjustment period.
Sale and Use of Fireworks in California:
Councilmember Maxwell requested information regarding the areas in California that
permit the sale and use of fireworks as well as information regarding communities that
have repealed or reversed prohibitions against the sale and use of fireworks.
Information responsive to this request is attached and summarized below:
• List of 296 communities permitting the sale and use of state-approved fireworks
as of March 2015 (Information from California Fireworks Newswire).
• List of 51 communities and 1 county that have reversed prohibitions on the sale
and use of state-approved fireworks. (Information from TNT Fireworks 2015).
• Two recent news articles related to similar discussions regarding fireworks in Santa
Ana and Salinas.
Additional Public Fireworks Display:
Councilmember Parlier asked staff to look at the possibility of utilizing Council
Contingency funds for an additional professional public fireworks display on the east
side of Bakersfield, similar to the Park at River Walk event.
The community Fourth of July celebration at the Park at Riverwalk was developed to be
a family friendly event, which featured music and other activities and culminated in a
professional fireworks display. The celebration provides all citizens with the opportunity
to view a professional fireworks show as an alternate way to celebrate Independence
Day.
Fireworks
January 4, 2016
Page 4
The three hour event is primarily produced by AEG due to their management of the
Bright House Networks Amphitheater. However, multiple City departments provide
resources to make the popular event a success each year, including:
• Recreation Parks;
• Public Works;
• Police;
• Fire;
• Water Resources; and
• Code Enforcement.
The cost of the event is roughly $53,000, including the cost of the professional fireworks
display. Aside from funding, the amount of work and staff resources necessary to put
on such an event (on a holiday) make it very difficult for staff to envision putting on two
simultaneous events in different parts of the City. In addition, the City would not have
the resources provided by AEG for the additional event, as it is not part of their
contracted services.
With each year, the success and attendance of the community Fourth of July event has
grown, with citizens coming from all parts of town to partake in the event and view the
professional fireworks display. Looking at other possible locations so the event can
rotate around town is something staff can consider, however, staff strongly advises
against having two events at the same time.
All meetings will be held at City Hall North, First Floor, Conference Room A
Adopted: DRAFT
Legislative and Litigation City Council Meetings
Committee Meetings 3:30 Closed Session, 5:15 p.m. Public Session
12:00 p.m.Budget Hearing 06/08, Budget Adoption 06/29
Budget Departmental WorkshopsHolidays - City Hall Closed
12:00 p.m.
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League of California Cities Annual Conference - October 5 - 7, 2016
APRIL MAY JUNE
Legislative and Litigation Committee Calendar
January 2016 Through December 2016
JANUARY FEBRUARY MARCH
JULY AUGUST SEPTEMBER
OCTOBER NOVEMBER DECEMBER
The following documents related to
Item 4.A. were distributed at the
Special Meeting
of the
Legislative and Litigation Committee
on
Friday, January 8, 2016
16 hours ago • By Hamblin Abby (0) Comments
Related Documents
Santa Maria fireworks flyer
HomeHome //NewsNews //LocalLocal
Officials: Reports of illegal
fireworks down on New Year's Eve
HOLIDAY WAS FIRST REAL TEST OF SANTA MARIA'S NEW RULES
Reports of illegal fireworks were down in Santa Maria on
New Year's Eve, the first real test of new fireworks
regulations put in place last fall, according to city officials.
Santa Maria resident Cynthia Morr,a member of Citizens for "Zero Tolerance" of Illegal
Fireworks, stayed home with her dogs on New Year's Eve this year to keep them safe.
Daniel Dreifuss, Staff
Valley of the Flowers
Peace Prize Vandenberg AFB Local government High school sports Lifestyle columns
Buy photosSanta Maria News
Santa Ynez Valley
News
Quick Links
Page 1of 3Officials: Reports of illegal fireworks down on New Year's Eve
1/8/2016http://lompocrecord.com/news/local/officials-reports-of-illegal-fireworks-down-on-new-yea...
"In my neighborhood there was definitely a reduction, there
was not the amount we experienced last year on New
Year's Eve," said Councilwoman Terri Zuniga.
The Santa Maria Police Department received 28 calls for
fireworks-related issues on Dec. 31. Comparison numbers
from 2014 were not available.
Three calls were also made to the city's illegal fireworks
hotline, which was checked by law enforcement every 30
minutes. Reported locations received a warning notice on
their doors that a $1,000 fine could be issued for violators.
"The process that we used this last year on New Year's
Eve was to ramp up our police department and a little bit of
our fire department and actively pursue any sort of fireworks-related calls for service," City Manager
Rick Haydon said.
The city's efforts to crack down on illegal fireworks — which include limiting the use of legal
fireworks to just 12 hours on the Fourth of July — began months ago.
Leaders of "Zero Tolerance" of Illegal Fireworks, a community group which pushed for more
enforcement on behalf of scared animals and community members with sensitivities to fireworks,
have said they are pleased with the city's efforts.
"I’m actually pretty impressed with what they did," said resident Libby Walling. "They’re getting the
word out."
One of the city's most aggressive moves ahead of New Year's Eve was to run public service
announcements before every movie at Edwards Santa Maria 10 during the holiday season.
"Anyone caught using any fireworks on other days will be subject to a $1,000 fine," one of the
videos reported. The videos, titled "Fireworks and Pets," "Fireworks and Common Sense" and
"Fireworks are Dangerous," can be seen on the city's Youtube page as well.
But there's still work to be done ahead of this year's Fourth of July weekend, many say.
Education is key, about the new regulations, and about a third party citation system which asks
residents to act as reporting witnesses. Many residents have reportedly been unwilling to participate
with the third party citation because they fear retaliation.
"It's only going to be as effective as the community works with us and is willing to assist us in finding
the violators," Haydon said. "The only time we can fine them is if someone physically sees them
doing this."
Haydon also said residents need to know that addresses are necessary for reporting to be helpful to
law enforcement.
"We plan on doing a more aggressive information campaign come the spring time and work in
conjunction with our police department, fire department and code compliance with a fireworks task
force to try to mitigate the use of fireworks in the future," Haydon said.
Resident Cynthia Morr said she felt like fireworks use on New Year's Eve was still out of control,
and had to stay home for the evening to make sure her dogs made it safely through the night.
"I know people say we’re crazy dog people but it's for everybody ... elderly people and kids," Morr
said. "People don’t think of all the things going on in peoples' lives. Yeah, fireworks are pretty and
everything but they cause more damage under the surface."
Haydon and Walling agree that the city's efforts around New Year's Eve were a step in the right
direction toward making sure July 4 is a safe day this year.
"The more the word gets out, maybe people will start listening and following the law," Walling said.
Page 2of 3Officials: Reports of illegal fireworks down on New Year's Eve
1/8/2016http://lompocrecord.com/news/local/officials-reports-of-illegal-fireworks-down-on-new-yea...
Abby Hamblin covers city government in Santa Maria and Guadalupe for Lee Central Coast
Newspapers. Follow her on Twitter: @AbbyHamblin.
Copyright 2016 Lompoc Record. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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Page 3of 3Officials: Reports of illegal fireworks down on New Year's Eve
1/8/2016http://lompocrecord.com/news/local/officials-reports-of-illegal-fireworks-down-on-new-yea...
{00023694.DOCX; 1}
http://www.keyt.com/news/santa-maria-police-department-enforce-new-policy-to-curb-use-of-illegal-
fireworks/37238340
Santa Maria Police Department Enforce New Policy to
Curb Use of Illegal Fireworks
Amanda Valdes, KEYT - KCOY - KKFX Reporter, amanda.valdes@kcoy.com
POSTED: 05:06 PM PST Jan 02, 2016 UPDATED: 10:50 AM PST Jan 03, 2016
Santa Maria, Calif. -
With the start of 2016, a new policy will help the Santa Maria Police Department cite residents who
are using illegal fireworks.
The police department says the use of illegal fireworks in the city before, during and after the 4th of
July has increased dramatically.
Lt. Dan Cohen with the Santa Maria Police Department says "the city has adopted a new
ordinance that will allow an administrative citation to be issued if two or more people witness
the violation, so it requires the complaining parities to witness a violation and actually fill out
an affidavit"
Under this new policy, the person reporting the illegal activity will not be able to remain anonymous.
If someone is found guilty of using illegal fireworks they will face a fine.
Safe and sane fireworks are legal in Santa Maria on the 4th of July. The police department is hoping
that with the new policy they will be able to put a stop to the illegal activity.
{00023694.DOCX; 1}
http://www.mantecabulletin.com/section/1/article/129800/
Ripon law targets illegal fireworks
By Vince
RembulatReportervrembulat@mantecabulletin.com209-
249-3537
POSTED November 17, 2015 1:40 a.m.
The Fourth of July 2015 is now in the past.
But some of the fallout from the pyrotechnics continues to linger – most notably, in the
area of illegal fireworks.
A few months ago, Jake Parks brought up this concern before the Ripon City Council.
The Councilman praised the events at the Mistlin Sports Complex but was concerned
about the staggering use of illegal fireworks given the dry conditions of this past summer.
Ripon police Chief Ed Ormonde took it from there, looking into this matter while requesting
last Tuesday for council to expand the current ordinance to cite or arrest the property
owner on “possession, storage or discharge” of illegal fireworks.
Elected leaders agreed, giving staff the green light on pursuing an amendment to this
section, stating that “it is illegal to sell or discharge illegal fireworks” within city limits.
“Unfortunately, over the past several years possession and discharge of illegal fireworks
within the city has continued to grow,” Ormonde said. “I suspect the problem has
continued even though the department has increased its efforts to combat the problem,
due to the ease of accessing illegal fireworks and individuals more covertly igniting illegal
fireworks from private property where their identity can be concealed.”
Under the current laws, he pointed out that it’s required that a citizen or officer observing
the violation and identifying the violator in order to make an arrest of any sort.
“Due to the very difficult task of identifying the specific person in possession of and
igniting the illegal firework on private property, in many instances fireworks are being
seized without an arrest being made or citation issued,” said Ormonde.
Council said the change, once approved, would finally make these property owners
accountable.
{00023694.DOCX; 1}
http://m.westsideconnect.com/opinion/deanharris/getting-serious-about-illegal-
fireworks/article_9e33b672-678e-11e5-bbd0-7b68ed9da657.html?mode=jqm
Getting serious about illegal fireworks
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BY DEAN HARRIS/EDITOR | Posted 22 hours ago
A little bit about a lot of things:
• So.....Gustine is apparently getting serious when it comes to illegal fireworks use.
Council members recently introduced an ordinance which would adopt a “zero tolerance”
approach to illegal pyrotechnics.....with a $1,000 fine to violators.
The ordinance, which returns to the council for consideration of formal adoption next Tuesday,
would also hold property owners accountable for illegal fireworks activity on their land.....kind
of a “social host” approach, which absolutely makes sense.
Most of us love celebrating the Fourth of July, and I will admit to possibly, maybe having been
engaged in some fireworks enjoyment as a teen that may not have exactly met the letter of the
law.
So I get it.
But illegal fireworks use has expanded far beyond the basic bottle rockets and roman candles
(which are dangerous enough should they land in dry grass or on a shake roof) of my youth.
In recent years, we have seen more and more high-powered aerial explosives lighting up the
night sky and rattling the windows......not one here and there, but salvos lasting well into the
night.
That’s not acceptable, and has gone from being a nuisance to a hazard.
Gustine leaders are making good on their promise to take a stand, which, of course, requires the
will to actually enforce the new code as well as just writing it.
Newman should do the same, given the barrage of illegal Fourth of July fireworks that have
become the norm.
Give people fair warning, and then follow through.
Those shooting off illegal fireworks are putting others unwillingly at risk......perhaps the risk of
stiff financial consequences for themselves is only fair
{00023694.DOCX; 1}
http://www.bakersfield.com/news/2015/09/29/supervisors-uphold-illegal-fireworks-penalties.html
Supervisors uphold illegal
fireworks penalties
BY JAMES BURGER jburger@bakersfield.com
TUESDAY, SEP 29, 2015 11:28 AM — updated 9 hours ago0
Kern County Supervisors upheld two penalties Tuesday against homeowners who appealed
citations they’d received for use of illegal fireworks.
Kelley Grijalva and Michael Hernandez both disputed citations issued to them on July 4 for launching
aerial fireworks from their backyards. But they lost their appeals and were each ordered to pay $1,500
in fines.
Hernandez lives on Moraga Court in Rosedale and told supervisors that he was simply barbecuing in the
backyard with family members and did not set off the fireworks.
Officers from the Kern County Fire Department’s illegal fireworks task force testified that a neighbor had
complained about the fireworks and given task force members access to their backyard.
It was from that vantage point that officers said observed fireworks being launched from Hernandez’s
home. They cited him for the violation under a new social host rule that allows them to punish the
owner of property fireworks have been launched from.
Supervisors took officers’ word and upheld the penalty.
It was a similar story for the Grijalva family on Cherry Glen Court.
Task force officers testified that they observed aerial fireworks coming from the family’s yard while
standing in a neighbor’s backyard.
But Dave Grijalva said the fireworks came from a neighbor’s yard.
“The neighbors even admitted when the officers came around the corner they thought they were going
to cite them,” he told Supervisors.
Supervisors upheld the citation against the Grijalvas as well, after officers said they were sure the
missiles came from their property.
{00023694.DOCX; 1}
http://m.lompocrecord.com/news/opinion/editorial/fireworks-sanity-is-good-for-all/article_6157c89e-
1281-56a2-a032-5e06a77a8205.html?mobile_touch=true
17 hours ago 9/24/15
(1) Comments It is obvious that peaceful communities and the detonation of fireworks several times
each year are mutually exclusive concepts. It’s hard enough on humans to endure what sounds like
neighborhood warfare, but it’s especially frightening for family pets. This past Independence Day’s
celebrations may have forced the issue to the policy level. Pet owners throughout the North County are
taking their complaints to city councils. The neighborhood groups are being joined by the Santa Maria
Valley Humane Society. Advertisement: Story Continues Below It is truly heartbreaking to watch the
reaction of the family pooch or kitty to firecrackers, rockets and aerial bombs. For humans, those blasts
probably resurrect haunting memories of battlefield experiences. In Santa Maria, the coalition has asked
the City Council to step up its enforcement of prohibitions against illegal fireworks. The city already has
a tough policy against illegal fireworks. In fact, the policy calls for zero tolerance. Unfortunately, there
seems to be a pattern of not enforcing those laws already on the books. For its part, city officials say
strategies for stricter enforcement are being worked out. Both the critics of illegal fireworks and city
officials face an uphill climb. Fireworks, especially on the Fourth of July, are as American as apple pie and
motherhood. Those opposed to tougher restrictions argue that it’s only for a brief period each year that
the noisy neighborhood fireworks problem exists. That’s not exactly the case. Illegal fireworks were
being detonated days before the most recent July 4 celebration, and for several weeks afterward. There
is a profusion of exploding fireworks on and around the arrival of a new year, and before and after
certain cultural holidays. The result can be devastating. Pet owners report animals being so frightened
by the explosions they will escape by any means, sometimes chewing through boards to try to get away
from the clamor. It’s not just pets. Anyone with a warrelated posttraumatic stress disorder can suffer
the worst kinds of flashbacks during fireworks days and nights. The explosions also can be very
traumatizing to Alzheimer’s sufferers. Advertisement: Story Continues Below The problems are clearly
defined — the solutions not so much. For one thing, many local nonprofit organizations rely on
fireworks sales to acquire funding that is funneled back into the community in the form of services. And
there is that issue of fireworks and the Fourth of July being inextricably part of the American persona.
Socalled safeandsane fireworks are allowed in the North County cities of Santa Maria, Lompoc and
Guadalupe. All fireworks are banned in unincorporated areas of the county, in part because of the
nuisance factor with regard to household pets, and in part because California’s lingering drought has
made fireworks a major wildfire threat. In an ideal world, there would be no fireworks outside of
designated areas, and fireworks displays on the big holidays would be confined to tightly regulated
locations, such as a stadium or the Fairpark. That would reduce the risk of wildfire, and would at least
keep the explosions out of most neighborhoods. Opponents of fireworks have mobilized, including a
presence on social media, so this issue will likely not be swept under the rug. It may boil down to a face-
off between Americana and common sense. We haven’t even touched on the issue of how dangerous
fireworks can be in unskilled hands. Suffice it to say thousands of people are injured or worse each year
by improperly handled fireworks. Just ask the pro football player who lost some fingers last July 4, and
{00023694.DOCX; 1}
now faces losing a lucrative pro contract. Copyright 2015 Lompoc Record. All rights reserved. This
material may not be published, broadcast, rewritten or red
From:Dennis Revell
To:tlmaxwell@sbcglobal.net
Cc:Amber Lawrence; "Antonio Carpio"; "Michelle Barnette"; "Michelle Beck"; "Jim Baldwin"; Tessa Andrews; "Louis
Linney"; "Jim Wilson"; Joshua Rudnick; Steven L. Teglia; Wesley Crawford (revwesleycrawfordsr@ymail.com);
Susan surface Madigan (susanstablet@outlook.com); cacasteen@aol.com; cnseagar@yahoo.com;
FAXDJM@aol.com; jessemunozcso@yahoo.com; Jacquie@libertystar.net; chrisparlier@sbcglobal.net; Christopher
Gerry; Donna Carpenter (donna.carpenter@stantec.com)
Subject:Legislative & Litigation Committee Meeting / Friday, January 8, 2016
Date:Wednesday, January 06, 2016 4:27:16 PM
Importance:High
January 6, 2016
The Honorable Councilmember Terry
Maxwell VIA EMAIL
Chair
Legislative & Litigation Committee
Bakersfield City Council
1600 Truxton Avenue
Bakersfield, CA 93301
Re: Our Client: American Promotional Events, Inc. (TNT Fireworks)
Subject: Bakersfield City Council
Legislative & Litigation Committee Meeting
Friday, January 8, 2016
Dear Councilmember Maxwell:
As I represented at the September 21, 2015 meeting of the Bakersfield City Council
Legislative & Litigation Committee and as is reflected in the draft minutes, page 3 for that
meeting, last fall we embarked on an effort to either develop or identify a dual platform
smartphone mobile application that would allow residents in individual cities to take pictures
of the sale and/or use of illegal fireworks in that city and email that photo with its GPS
coordinates to their local city government so that the city can either issue a warning or an
administrative fine.
In conducting our research on phone apps we came across a broad cross section of uses for a
number of code enforcement activities, ranging from water waste to graffiti to reporting
potholes and street light outages. As a result of this extensive research and issuance of an
RFP, we have identified an app developer who currently has a code enforcement reporting
app deployed in a host of cities in California, Arizona, Ohio and numerous other states,
counties and cities across the country. We are currently in intense negotiations with them to
modify this app and enter into a license agreement whereby we can offer this function of the
app to any city throughout California where TNT products are sold.
It is anticipated that once we successfully conclude our negotiations and develop this app it
will function as simply and in as uncomplicated a fashion as one could imagine, basically a
smartphone app for dummies. The anticipated process would be as follows:
· We offer and give the app free of charge to any city, including the City of Bakersfield,
and the city offers it to its residents to be downloaded free of charge to both the city
and the user. This app would be available on both Android and iPhone platforms.
· Upon witnessing the use and/or sale of illegal fireworks, this app would allow the user
to do the following:
v Take and append up to four photo’s of the illegal firework activity;
v Possibly take a video of some duration and append the video to the report (this
function may not be deployed initially and added later);
v Select whether they want to append a 60 second audio note or text note to the
report:
v Capture the correct street address down to the exact parcel address where the
activity is taking place;
v Opt to be identified as the reporting party or remain anonymous;
v Elect to receive updates from the city about this report and receive text
announcements from the city;
v Review and approve the report before the user submits it to the city.
This app would be linked to a web-server Report Management System (RMS) hosted by the
app developer. This function would be available to each city that accepts this app from us for
this purpose. The city would be able to review their city’s reports. Each report would
generate an email to the city where that incident/activity took place and multiple persons
could receive that notification email (i.e., Fire Marshal, Police Chief, City Manager,
Dispatcher, etc). When received on a smartphone, the email can launch the phone’s mapping
function and route the phone’s current location to the reported activity’s location. Thus
police, fire and code enforcement personnel could respond immediately should the city so
desire.
We anticipate successfully concluding our negotiations with the app developer sometime in
February and being able to begin offering it to the cities and counties throughout California
sometime in March 2016.
I hope this information is of benefit to you as the Legislative and Litigation Committee meet
to discuss this issue this coming Friday. While I will be at Friday’s Committee meeting,
should you have any questions or concerns in advance of that hearing, please feel free to call
me at (916) 443-3816, office, or after hours on my cell (916) 952-5351.
Very Truly Yours,
REVELL
COMMUNICATIONS
Dennis C. Revell
President/CEO
Cc:` Councilmember Jacquie Sullivan;
Councilmember Chris Parlier;
Deputy City Attorney Joshua Rudnick;
City Attorney Virginia “Ginny” Gennaro
Amber Lawrence, Administrative Assistant II
Steven Teglia, Assistant City Manager
Chris Gerry, Administrative Analyst III