HomeMy WebLinkAbout10/18/2004 B A K E R S F I E L D
Sue Benham, Chair
David Couch
Jacquie Sullivan
Staff: Trudy Slater
REGULAR MEETING NOTICE
LEGISLATIVE AND LITIGATION COMMITrEE
of the City Council - City of Bakersfield
Monday, October 18, 2004
1:00 p.m.
City Manager's Conference Room
Second Floor - City Hall, Suite 201
1501 Truxtun Avenue, Bakersfield, CA
AGE'NDA
1. ROLL CALL
2. ADOPT SEPTEMBER 20, 2004 AGENDA SUMMARY REPORT
3. PUBLIC STATEMENTS
4. DEFERRED BUSINESS
A. REVIEW, DISCUSSION AND COMMI'rrEE RECOMMENDATIONS ON DOWNTOWN
WEEKEND SAFETY ISSUES-REPORT OF THE AD HOC DOWNTOWN TASK FORCE
B. REVIEW, DISCUSSION AND COMMrR'EE RECOMMENDATIONS RELATING TO
CHANGES IN THE CITY'S FIREWORKS LO'R'ERY PROCEDURES/ORDINANCE
5. COMMI'I'I'EE COMMENTS
6. ADJOURNMENT
B A K E R S F I E L D
Alan' Tandy, City ger Sue Benham, Chair ·
Staff: Trudy Slater David Couch
Jacquie Sullivan
AGENDA SUMMARY REPORT
LEGISLATIVE AND LITIGATION COMMITTEE
Regular Meeting
Monday, September 20, 2004
1:00 p.m.
- City Manager's Conference Room
1. ROLL CALL
Called to order at 1:03 p.m.
Members present: Councilmember Sue Benham, Chair
Councilmember David Couch
Councilmember Jacquie Sullivan
2, ADOPT AUGUST 23, 2004 AGENDA SUMMARY REPORT
Adopted as submitted.
3, PUBLIC STATEMENTS
None.
4. DEFERRED BUSINESS
A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO CHANGES
IN THE CITY'S FIREWORKS LOTTERY PROCEDURES/ORDINANCE
Finance Director Greg Klimko presented an overview of recommendations .included within his
August 30, 2004 memorandum on fireworks. These. included the possible elimination of
grandfathered permits; limiting the number of total permits allowed in the City or changing the ratio
of permits to City population; requiring all permit holders to be non-profits (with a clear definition of
what a non-profit is); limiting applicants to one per organization; considering increasing the required
membership of the organization to 50 or some larger number; and identifying actual cost recovery
for applications, inspection and enforcement. Additionally, consideration could be given to
distribution of educational materials with fireworks purchases and the level of fireworks enforcement
needed. Mr. Klimko recommends that the City do a full recovery of costs. City Manager Alan
Tandy also mentioned the memo included the possibility of requiring organizations to provide direct
and regular community services to the citizens of Bakersfield.
Agenda Summary Report
Legislative and Litigation Committee
Page 2
Further discussions included: decreases in the numbers of permits over time; definitions of/for non-
profits; dependence of non-profits on fireworks sales as fundraisers; application fees paid for every
application regardless of whether an applicant is picked in the drawing; limits on numbers of
applications per organizational unit and two-tiered approach in determining an acceptable
application; designation of subgroup within an organization; splitting of proceeds among subunits
within an organization; need for further research on tax exempt status; fairness; cost recovery;
impacts on air quality; multi-year lottery drawings; and the need to quantify what is required in and
for the application process.
Several members of the public spoke on issues which included: their desire to keep their
grandfathered status; if grandfathering is eliminated, then it should be done within a 2-6 year period;
holding applications to one organization but realizing that different organizations have different
processes for determining 501(C)3 status (i.e., umbrella 501(C)3 vs. individual unit 501(C)3);
fireworks impacts on respiratory illnesses; desire for banning fireworks; problems with illegal
fireworks; lack of ability to respond to fireworks calls in a timely fashion; shutting down legal
fireworks will not stop the illegal ones; the need for the community to become more aware of the
dangers inherent with fireworks; fireworks as a part of the culture of the country; and the influx of
illegal fireworks from other areas if they are not allowed in the City.
Fire Chief Ron Fraze pointed out numerous problems with allowing fireworks in the City, including
modifications of legal fireworks, enforcement issues when residents use both legal and illegal
fireworks, citation constraints, response times during the Fourth of July celebration period and
fireworks use during other times of the year, including New Year's. He feels that if 300 cities in
California .ban fireworks and don't have any illegal firework problems, why Bakersfield would be that
much different. He clarified that his recommendation on a ban of fireworks applied only to the
fireworks stands and not the big fireworks shows which are licensed by the State, permitted, and
inspected.' There are four in the City, per Director of Prevention Services Ralph Huey.
It was generally agreed that the issue of fireworks was complex and needed further study.
Committee Member David Couch felt an important aspect is what Fire Chief Fraze and Police Chief
Rector need in the street to deal .with fireworks sales in order for fees to reflect the real cost of
recovery.
The Committee asked staff to have at the next meeting a report from both the Fire Department and
the Police Department about what they would like to see in terms of staffing and resources for the
next July Fourth period in really firm numbers so that Finance can work that in to an analysis on
how the costs would be recovered, adding that cost recovery for the application should be separate
from that of inspection, etc.
The Fire Department report should include in its report any conversations with the County, if any, on
some kind of a uniform policy for the metro area; indicate where the Department is on the types of
educational materials recommended and what can be done so they don't end up in the trash~ It
should identify other issues it feels are important (i.e., limiting of fireworks at different times of the
year); provide information available through the Air Pollution Control District relating to the extent
that Fourth of July Fireworks affect air quality (comparing to a week before, a week after, a four-day
period--measurements the APCD has available) and ~how long it takes for the air quality to get back
to normal
Agenda Summary Report
Legislative and Litigation Committee
September 20, 2004
Page3
Staff (Legal and Finance) should work together to clarify/define which organizations can apply for a-
permit and should include a discussion on multi-year lottery drawings. Legal should ensure
language is specific enough to include providing.direct and regular community service as a kind of
cross check. The City Attorney should raise any legal concerns, including liability, and research
legal concerns with-eliminating the grandfathering status,, including any relating to formerly
conferred special status.
Staff reports should contain, where applicable, one, two or three alternatives so that the Committee
discussion can be very focused and productive.
5. COMMITrEE COMMENTS
None.
6. ADJOURNMENT
The meeting adjourned at 2:05 p.m.
Staff Attendees: City Manager Alan Tandy, Assistant City Manager John Stinson, Administrative
Analyst Trudy Slater; City- Attorney Virginia Gennaro; Fire Chief Ron Fraze, Director of Prevention
'Services Ralph Huey; Finance Director Greg Klimko, City Treasurer Cheryl Perkins; Assistant Police
Chief Bryan Lynn; Risk Manager Pat Flaherty; and Assistant City Clerk Roberta Gafford.
Others Present: Jerry Anderson, Roger Jobe, Ann Doland, Arthur Doland, DeeAnn Barricklow, David
Rogers, Joe Austin, David Lomas, Cheryl Nelson, and James Burger
MEMORANDUM
CITY ATTORNEY'S OFFICE
October 7, 2004
TO: LEGISLATION & LITIGATION COMMITTEE
FROM: SUE BENHAM, CHAIRMAN ~
SUBJECT: SUGGESTED RECCOMMENDATIONS FROM AD HOC DOWNTOWN
TASK FORCE
The Ad Hoc Downtown Task Force was formed by this Committee on July 12, 2004 in
an attempt to formulate solutions to the security concerns that exist in the downtown
area, primarily on Thursday through Saturday evenings. The Task Force met monthly,
and its participants included various members of the Downtown Business Association,
the Alcoholic Beverage Control unit, the District Attorney's Office, the Chief of Police
and members of his staff, the City Attorney, and myself.
Some of the recommendations of the Task Force have already been implemented. For
example, the Police Department has removed its weekly use of barricades at 19th and
Eye Streets and has become more flexible in its deployment of officers to the area. Both
the Police Department and the Downtown Business Association have expressed
satisfaction of this concept.
The Task Force believes that there are additional recommendations which can be
implemented to further the goals of the task force. Specifically, they request that the
Legislative & Litigation Committee support the following recommendations for City
Council adoption:
1. That the cabaret sections of the Bakersfield Municipal Code be amended
to require annual permits and the imposition of conditions at the renewal period.
2. That in the interests of community safety, there be a greater awareness
amongst City staff when evaluating the PC&N and liquor license application process so
that significant consideration be given to Department of Justice Part I Crime statistics
and police calls for service.
3. That the Bakersfield Police Department and necessary City staff continue
to meet with downtown bar owners and the DoWntown Business Association to meet
their needs of appropriate Police presence.
4. That City Council work with the City Attorney'to develop and approve a
community prosecution program in which the City Attorney's office will partner with the
Distdct Attorney's office to insure that those who commit misdemeanor crimes that
threaten our community's "quality of life" are held accountable for their actions.
5. That the Bakersfield Police Department pursue an agreement with the
County/Westem Corrections Diversion Program in an effort to divert certain
misdemeanor arrests to community services projects and to insure that there is a form
of restitution for those who commit "quality of life" misdemeanor offenses.
VG:do
S:\GG\MEMO~enharn-Dwntwn Sec.doc
B A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
October 14, 2004
TO: ALAN TANDY, CITY MANAGER
FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST III ~.~¢.~,,' ,~ ~
SUBJECT: Fireworks Ordinance Related Suggestions
At its September meeting, the Legislative and Litigation Committee directed staff to provide specific
information at its October meeting so that the Committee's discussion could be focused and productive.
Among other requests, the Committee asked 'Police and Fire to provide realistic cost estimates for enforce-
ment relating to the Fourth of July (Fire cover memo $6,000; Police memo $3,386), sought a determination
from the Attorney's Office on legal concerns relating to eliminating grandfathered permits, asked for Air
Pollution Control District Data on air quality during the Fourth of July season, requested available information
on the County's position on the sale and use of fireworks in the metro area (County suggests forming a
review task force), and suggested that alternatives be provided for Committee review and discussion.
The City Attorney's Office will make an oral presentation on the legal issues relating to eliminating
grandfathered fireworks permits.
The Finance Director's attached memo identifies major issues which staff generally agrees should be
changed as well as alternatives. (Note: Option 1 in each category is the alternative which is recommended
by City staff.)
The numbers provided in the Finance Director's memo relating to Fees (page 2, Option 1) total $350. Within
those amounts, his estimate of $100 for enforcement contains additional calculations for the numbers
provided by Fire (which included the Police component) and by Police (for .Police costs alone). The Finance
Director, based on information readily available, has estimated the total permit fees should not exceed $350.
Further review, via the City's cost recovery system, would be necessary to further define these costs.
After further review, staff believes that lottery drawing "stuffing" can be eliminated by redefining organizations
eligible to apply for a fireworks permit to the "parent" organization, and further identifying that organizations
must provide direct community service to the Bakersfield public,-must hold their regularly scheduled meetings
within the city, and must be non-profits.
Other suggestions offered for Committee consideration include: Distribution of fire safety brochures,
authorized by the Fire Department, with the cost to be borne by the permit holder; Penalty provisions to be
expanded to include administrative enforcement (fines) in the Fire Code in addition to possible criminal
action; and Administrative changes to streamline new procedures (cost recovery assessments, necessary
changes in application forms, etc.). These processes would not involve changes within the ordinance.
Memoranda from the Finance Director, Fire and Police are attached.
P:\L&L\M0410141 -Fireworks
MEMORANDUM October 14, 2004
To: Alan Tandy, City Manager
From: Gregory J. Klimko, Finance Director,/~ffJ~
Subject: Fireworks
The Legislative and Litigation Committee last met on September 20, 2004 and discussed potential
changes to the City's fireworks ordinance.. The committee directed staffto bring back
recommendations and one or two altematives where applicable. Under the existing ordinance the
City could issue 70 permits based on the standard of 1 per 4,000 population for the 2005
fireworks season. The permits would be distributed to 39 grandfathered permit holders and 31
non-profit organizations through a drawing. The 39 grandfathered permit holders are comprised
of 3 for profit entities and 36 non-profit organizations (30 with 1 permit and 3 with 2 permits).
The possibility of deleting the grandfathering clause and any legal or financial implications has
been raised and will be answered separately by the City Attorney.
One of the major issues has been the proliferation of applications by individual clubs or
subgroups within a "parent" non-profit organization (i.e. grades 5, 6, 7, 8 and 9 within a particular
school). This appears to have been done to increase the chance of the organizations success in the
permit drawing. Staff recommends redefining the organizations eligible to apply for fireworks
permits to the "parent" organization and also include non-profit, serving the public, clearly
affiliated with the City and holds its regularly scheduled meetings within the City. The
application should, among other items, include a description of the service to the public and
numbers of public served.
Other items for consideration are listed below which reflect the current ordinance and some
options.
Grandfathered Permits
Current - 39 (for profit 3; non-profit 36)
Option 1 - Delete commencing 2005
Option 2 - Delete commencing 2007
Number of Permits
Current - Population cap: 1 per 4,000 (2005 = 70)
Option 1 - Cap at 70 in 2005 and thereafter.
Option 2 - No cap: Grandfather 39 plus 1 per non-grandfathered organizations
(approximately 42) for a total of 81.
Option 3 -No cap: 1 per non-profit organization (approximately 75). None
grand fathered.
Option 4 - Reduce 2005 cap of 70 by 5 each year or 10 each two year cycle.
Annexed Entities
Current - Prior year county permitted locations are in addition to population cap.
Option I - Delete commencing 2005.
Option 2 - Delete commencing 2007.
1
S:\KimG\Gregory\Memo - ATFireworks I 01104.doc
To: Alan Tandy, City Manager
Subject: Fireworks
Permit Application Cycle
Current - Annually
Option 1 - Every 2 years.
Option 2 - Every 3 years.
Organization Membership
Current - Thirty five (35) minimum
Option 1 - Delete minimum
Option 2 - Increase minimum to 50
Fees
Current - Permit fee $101 plus electrical permit $40
Option 1 - Establish fees in accordance with the City's cost recovery system
which should not exceed $350 including the following:
I. Application Processing - nonrefundable - Estimate $40
2. Planning - Zoning determination - Estimate $20
3. Building - Booth & cleanup inspection - Estimate $60
4. Fire - Booth inspection - Estimate $90
5. Fire & Police - Enforcement - Estimate $100
6. Electrical Permit - Estimate $40
Additionally, the Fire Department has requested the following:
1. Distribution of Fire Safety brochures, authorized by the Fire Department. The cost to
be borne by the permit holder.
2. The penalty provision be expanded to include administrative enforcement (frees) in
addition to possible criminal action.
2
S :\KimG\GregorykMemo - ATFireworks 101104.doc
BAKERSFIELD
FIRE DEPARTMENT
MEMORANDUM
To: Alan Tandy, City Manager
From: Ron Fraze, Fire Chief /'~/~"
Date: October 06, 2004
Subject: Background Information on Fireworks Issues
At the direction of the Legislative and Litigation Committee we have compiled the
following answers to their questions.
1. A complete official legal description of illegal or dangerous fireworks
See attached Health and Safety code Section 12505.
2. Safe and Sane fireworks most likely to be altered "Piccolo Petes" are the most
abused legal fireworks. Their contents can be easily emptied into non-approved
containers making an extremely dangerous device. In addition, their high-pitched
sound can frighten animals leading to the large number of runaway dogs after the July
4th holiday. The "ground spinning device" is the second most misused legal firework.
It is suggested to eliminate the sale and use of these two devices.
3. Air Pollution Control Board (APCD) According to the APCD, the air quality in
Bakersfield on July 4, 2004 during the peak times fireworks were expended exceeded
the Federal Health Standard by a factor of I0. Specifically, the one hour average of'
684 between 8-9:00 pm was ten times the Federal Health Standard (65 micrograms
per cubic meter). Attached is data from the APCD regarding this issue.
4. Kern County Fire Department's position on the sale and use of fireworks in the
metro area The County would like to see a task force formed with representation
from the City Council, Board of Supervisors, community leaders and others to make a
county-wide recommendation. An attached memo addresses this issue.
5. The cost and action plan for the enforcement of illegal or altered legal fireworks
A comprehensive enforcement program targeting the possession and use of both
illegal and altered legal fireworks isa daunting task. Given the population and
square mileage or' our metropolitan area, we recommend 20 personnel (police and
fire) working on special teams on the 4th of July. The cost would be $6,000. An
attachment addresses this issue.
6. Education materials on the safe use of firewor.ks We recommend that the
operators of fireworks booths be required to: 1) post in a conspicuous fashion
fireworks safety material; and 2) give the .purchasers of fireworks a pamphlet on
fireworks safety. Both items must be approved by the Bakersfield Fire Dept.
HEALTH AND SAFETY CODE
SECTION 12500-12534
12500. This part shall be known and may be cited as the State
Fireworks Law.
12501. Unless the context otherwise requires, the definitions in
this chapter govern the construction of this part.
12502. "Advertise" means an announcement publicly with any 'sign,
card, or notice, or by any other means, on which appears a person's
name or business name style offering to sell or transfer fireworks or
pyrotechnic devices, or to cause a person's name or business name
style to be included in any classified advertisement or directory for
the purpose of the sale or transfer of fireworks or pyrotechnic
devices.
12503. "Agricultural and wildlife fireworks" means fireworks
designed and intended by the manufacturer to be used to prevent
damage to crops or unwanted occupancy'of areas by animals or birds
through the employment of sound or light, or both.
12504. "Flammable liquid" means any liquid whose flashpoint is 100
degrees Fahrenheit, or less, when tested pursuant to Standard D56-70
of the American Society for Testing and Materials.
12505. "Dangerous fireworks" includes all of the following:
(a) Any fireworks which contain any of the following:
(1) Arsenic sulfide, arsenates, or arsenites.
(2) Boron.
(3) Chlorates, except:
(A) In colored smoke mixture in which an equal or greater amount
of sodium bicarbonate is included. (B) In caps and party poppers.
(C) In those small items (such as ground spinners) wherein the
total powder content does not exceed 4 grams of which not greater
than 15 percent (or 600 milligrams) is potassium, sodium, or barium
chlorate.
(4) Gallates or Gallic acid.
(5) Magnesium (magnesium-aluminum alloys, called magnalium, are
permitted).
(6) Mercury salts.
(7) Phosphorous (red or white except that red phosphorus is
permissible in caps and party poppers).
(8) Picrates or picric acid.
(9) Thiocyanates.
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L-KCodes (hgc: [ 2500-12534) Page 2 of 6
(10) Titanium, except in particle size greater than 100-mesh.
(ll) Zirconium.
(b) Firecrackers.
(c) Skyrockets and rockets, including all devices which employ any
combustible or explosive material and which rise in the air during
discharge.
(d) Roman candles, including-all devices which discharge balls of
fire into the air.
(e) Chasers, including all devices which dart or travel about the
surface of the ground during discharge.
(f) Sparklers mo're than 10 inches in length or one-fourth of one
inch in'diameter.
(g) All fireworks designed and intended by the manufacturer to
create the element of surprise.upon the user. These items include,
but are not limited to, auto-foolers, cigarette loads, exploding golf
balls, and trick matches.
(h) Fireworks known as devil-on-the-walk, or any other firework
which explodes through means of friction, unless otherwise classified
by the Sta~e Fire Marshal pursuant to this part.
(i) Torpedoes of all kinds which explode on impact.
(j) Fireworks kits.
(k) Such other fireworks examined and tested by the State Fire
Marshal and determined by him, with the advice of the State Board of
Fire Services, to possess characteristics of design or construction
which make such fireworks unsafe for use by any person not specially
qualified or trained in the use of fireworks.
12506. "Emergency signaling device" means a pyrotechnic device
designed and intended by the manufac.turer to be used as such and
which provides a reasonable degree of safety to the user and does not
create a fire hazard when used according to the label of
instructions.
12507. "End fuse" means a fuse inserted into any fireworks or
pyrotechnic device at the end as distinguished from the side of such
item.
12508. "Exempt fireworks'" means any special item containing
pyrotechnic compositions which the State Fire Marshal, with the
advice of the State Fire Advisory Board, has investigated and
determined to be limited to industrial, commercial, agricultural use,
or religious ceremonies when authorized by a permit granted by the
authority having jurisdiction.
12509. "Exporter" means any person who sells,'consigns, or delivers
fireworks located within this state for delivery, use, or sale out
of this state.
12510. "Fire nuisance" means anything or any act which' increases,
or may cause an increase of, the hazard or menace of fire, or which
may obstruct, delay, or hinder, or may become the cause of any
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CA.~ Codes (hsc: 12500-12534) Page 3.of 6
obstruction, delay,' or hindrance, to the prevention or extinguishment
of fire.
12511. "Fireworks" means any device containing chemical elements
and chemical compounds capable of burning independently of the oxygen
of the atmosphere and producing audible, visual, mechanical, or
thermal effects which are useful as pyrotechnic devices or for
entertainment.
The term "fireworks" includes, but is not limited to, devices
designated by the manufacturer as fireworks, torpedoes, skyrockets,
romancandles, rockets, Daygo bombs, sparklers, party poppers, paper
caps, chasers, fountains, smoke sparks., aerial bombs, and fireworks
kits.
12512. "Fireworks kit" means any assembly of materials or explosive
substances,~which is designed and intended by the seller to be
assembled by the person receiving such material or explosive
substance and when so assembled would come within the definition of
fireworks in Section 12511.
12513. "Importer" means any person who for any purpose does any of
the following:
(a) Brings fireworks into this state or causes fireworks to be
brought into this state.
(b) Procures the delivery or receives shipments of any fireworks
into this state.
(c) Buys or contracts to buy fireworks for shipment into this
state.
12514. "Issuing authority" means any person who has the
responsibility of evaluating the application for, and issuing, the
permits required by Section 12640.
12515. "Label of registration" means the label of registration of
the State Fire Marshal.
12516. "License"' means any nontransferable authorization granted' by
the State Fire Marshal to engage in any activity regulated by .this
part.
12517. "Licensee" means any person 21 years of age or older holding
a fireworks license issued pursuant to Chapter 5 (commencing with
Section 12570).
12518. "Manufacturer" means any person who manufactures, makes,
constructs, fabricates, or produces any fireworks or pyrotechnic
devices, but does not include any person who assembles or fabricates
any sets or mechanical pieces for public displays of fireworks, or
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CA, Codes (hsc: !.2500-12534) Page 4 of 6
persons operating within the scope of public display or pyrotechnic
operator licenses.
12519. "Model rocket" means any toy or educational device which'
weighs not more than 500 grams, including the engine and any payload,
that is propelled by model rocket engines.
12520. "Model rocket engine" means a commercially manufaCtured,
nonreusable rocket propulsion device which is constructed of a
nonmetallic casing and solid propellant, wherein all of the
ingredients are self-contained so as not to require mixing or
handling by the user and which have design and construction
characteristics determined by the State Fire Marshal to provide a
reasonable degree of safety to the user.
12521.' "Package" includes any case, container, or receptacle, used
for holding fireworks, which is closed or sealed by tape, cordage, Or
by any other means.
12522. "Permit" means the nontransferable permission Granted by the
public agency having local jurisdiction to a licensee for the
purposes of establishing and maintaining a place where fireworks, are
manufactured, constructed, produced, packaged, stored, sold,
exchanged, discharged, or used, or the nontransferable permission
Granted by the public agency.having local jurisdiction or by the
State Fire Marshal to a licensee for the purpose of transporting
fireworks.
12523. "Person" means any person, copartnership, organization,
firm, corporation, association, or any combination thereof, or any
city, county, city and county, and state, and shall include any of
their employees and authorized representatives.
12524. "Public display of fireworks" means an entertainment feature
where the public or a private Group is admitted or permitted to view
the display or discharge of dangerous fireworks.
12525. "Pyrotechnic compositions" means any combination of chemical
elements or chemical compounds capable of burning independently of
the oxygen of the atmosphere.
12526. "Pyrotechnic device" means any combination of materials,
including pyrotechnic compositions, which, by the agency of fire,
produce an audible, visual, mechanical or thermal effect designed and
intended to be useful for industrial, agricultural, personal safety,
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CA
Codes
(hsc:
12500-12534) Page 5 of 6
or educational purposes.
The term "pyrotechnic device" includes, but is not limited to,
agricultural and wildlife fireworks, model rockets, exempt fireworks,
emergency signaling devices, and special effects.
12527. "Pyrotechnic operator" means any licensed pyrotechnic
operator, who by examination, experience, and training, has
demonstrated the required skill and ability in the use and discharge
of firewor-ks as authorized by the license granted.
12528. "Retailer" means any person who, a~ a fixed place of
business, sells, transfers, or gives fireworks to a consumer or user.
12529. "Safe and sane fireworks" means any fireworks which do not
come within the definition of "dangerous fireworks" or "exempt
fireworks."
12530. "Salesman" means any person who, as an employee of a
manufacturer or wholesaler, solicits, accepts, or receives an order
for fireworks for a licensee or permittee.
12531. "Sell" means any arrangement between two or more persons as
a result of which there is a transfer of property for a
consideration.
12532. "Special effects" means articles containing any pyrotechnic
composition manufactured and assembled, designed, or discharged in
connection with'television, theater, or motion picture productions,
which may or may not be presented before live audiences and any other
articles containing any pyrotechnic composition used for commercial,
industrial, education, recreation, or entertainment purposes when
authorized by the authority having jurisdiction.
12533. "Wholesaler" means any person, other than an importer,
exporter, or manufacturer selling only to wholesalers, who sells
fireworks to a retailer or any other person for resale. It also
includes any person who sells dangerous fireworks to public display
permittees.
'12534. "Within this state" means within all ¢erritory within the
boundaries of this state.
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Short Analysis of the July 4th, 2004 Firework Signature
Meteoroloq¥
The morning surface analysis indicated a thermal Iow near Kingman, Arizona, with an inverted trough curving along the
central valley of California. A strong high was centered 500 NM west of Oregon. At 12Z a +5.5 MB pressure gradient
from Oakland to Las Vegas, creating a northwesterly flow across the San Joaquin Valley. By 0 Z, the pressure gradient
had tightened to +6.5 MB, resulting in a moderate northwesterly flow of 8 to 10 MPH in the afternoon and early evening
hours. At the 500 MB level, a strong high was positioned 300 NM west of Point Conception, with a ridge nosing
northeastward toward Eureka. Weak troughs (short-waves) were traversing in the upper level flow pattern across the
West Coast. The morning aircraft sounding from Fresno displayed a very strong inversion of 15 degrees Fahrenheit from
the surface up to 1,500 feet. The profiler at Monterey depicted a moderate marine layer depth of 2,200 feet during the
morning hours of the 4th decreasing to 1,500 feet by the 5th.
Air Quality
Table 1 reflects the BAM PM25, BAM PM~0, and TEOM PM~o particulate measurements taken at Bakersfield-California,
Fresno-1st, Modesto-14th, Visalia-Church, Clovis-Villa, Corcoran, and Tracy.
Table I 4th of July BAM2.5, BAM10, and TEOM10 Particulate Measurements
BAM 2.5 BAM10 TEOM 10.
Site Peak 1-hr. AVE Time of Sample 24-hr. AVE;Peak 1-hr. AVE Time of Sample 24-hr. AVE Peak 1-hr. AVE Time of Sample 24-hr. AVE AQI
Bakersfield-CA 684 9 PM to 10 PM 58 * * * * * * 135 (PM2.5)
Fresno - 1st 233 9, PM to 10 PM 31 261 10 PM to.11 PM 51 * * * 82 (PM2.5)
Modesto-14th 182 9 PM to 10 PM 25 * * * * * 70 (PM2.5)
Visalia-Church 175 9 PM to 10 PM 30 * * * * * * 80 (PM2.5)
Clovis- Villa * * * * * * 108 9 PM to 10 PM 30 28 (PMIO)
Corcoran 141 9 PM to 10 PM 19 273 9 PM to 10 PM 61 206 8 PM to 9,PM 41 58 (PM2.5)
Tracy 18 8 AM to 9 AM 14 * * * * * * 45 (PM2.5)
& 11PMto 12 AIV * * * * * * *
· - Data Not Available
Table 2: Identifies the hourly BAM PM2.5 measurements in micrograms per cubic meter at Bakersfield California for July
4th, 2004.
Hour PM2.5 Hour PM2.5
0 9 12 11
1 10 13 9
2 9 14 10
3. 9 15 9
4 13 16 9
5 11 17 9
6 11 18 9
7 11 19 12
8 10 20 401
9 12 21 684
10 14 22 72
11 13 23 29
The pre-dominant pollutant captured in the air quality measurements on July 4th was PM2.$, as is evident in Table 1. A
majority of the sample collected at the Fresno - 1 st, an urban site, was of the fine fraction, representing 60.78 % of the
mass. Whereas, at Corcoran, a rural site, the sample showed more of a geological signature, with 31.14 % of the mass
being coarse. The afternoon dispersion on July 4th was marked by adequate boundary layer mixing due to moderate
northwesterly wind flow and mixing depths. Upon nightfall when firework emission activity increased and as the boundary
layer and northwesterly winds began to decrease, particulate measurements elevated considerably between 9 and 10
PM, as is evident in Table 2. Albeit the highest 24 hour average PM2.s measurement recorded across the San Joaquin
Valley at Bakersfield-California of 58 micrograms per cubic meter was below the Federal NAAQS, if dispersion conditions
were worse during the afternoon hours we may have had an opportunity for a Federal 24 hour PM2.5 violation. Further
investigation needs to be conducted to identify the chemical speciation of the samples taken on July 4th.
DATE:
TO: Chief Fraze
FROM: Kirk Blair
SUBJECT: Banning Fireworks
I spoke with Chief Scott about banning .fireworks in the Metropolitan area. He
told me that about two-thirds of the county currently falls under the ban of fireworks due
to the 'potential for fire. Kevin's opinion was that if we were going to ban fireworks in
the metro area that we should ban in all unincorporated areas.
We discussed how the process would work. Officially, the Board and Council
could approve a new ordinance to ban fireworks. Obviously this has complications.
The best option is to form a task force to look into the pros and cons of banning
fireworks in Kern County. It would have representation from both the City Council and
Board of Supervisors. It may include representatives from other cities, fire departments,
community .leaders and organizations.
i'm not sure the time frame and particulars of such a committee but I think it
would give the best opportunity to discuss fireworks rationally and come up with a
recommendation that doesn't pit the Fire Department against the Council or community.
Memorandum
To: Chief Fraze
I:rom: Dean Clason.~n~__......___
Date: 9/30/2004
I:le: Enforcement of Illegal Fireworks
Given the population and area of the City of Bakersfield a comprehensive enforcement Program targeting the
possession and use of illegal fireworks is a daunting task. The local fire agencies abandoned the practice of
responding engine companies to reports of illegal fureworks years ago. The sheer number of calls resulted'in
virtually every engine in the metro area being out of place, with engines responding out of their areas and
resulting in increased or delayed response times for emergency calls. Consequently, the efforts of the
Bakersfield Fire Department, in conjunction with the Kern County Fire Department have amounted to little
more than symbolic efforts. To further exacerbate .the problem, the safety of department personnel has become
a very real concern over the last few years. We no longer send individuals out alone to enforce illegal fireworks
laws; therefore, costs go up and the number of "teams" put in service are reduced. By partnering with the PD,
we should be able to field six teams in 2005, consisting of a BPD officer and one of our AP Captains or one of
the four civilian inspectors. The twelve members of the teams will be on overtime, with an approximate cost
for an eight hour shift being roughly $5,000.00. An eight hour shift allows the teams' time to muster before
dark, have a briefing on the action plan and areas to be covered, and then patrol until midnight or so, with time
for a de-briefing afterward.
It is easy to see that six cars patrolling the 118 sq. miles of the city is marginal at best. We could add the four
squads to the mix, which will help, but it will also increase costs. The cost of adding the four squads, each
staffed with a captain and an engineer would add an additional '$2,300.00 to the aforementioned $5;000. for a
total of approximately $7,300.00.
Ten enforcement teams would be the largest focused effort ever put into service by the City of Bakersfield.
There is no question-that the number of citations issued and fireworks confiscated would increase over past
efforts. The impact of the enforcement would be enhanced if it were coupled with a Public Education program
outlining the increased efforts in enforcement.
I have attached copies of CaPtain Hollon's reports on investigation efforts over the past few years.
TO: RON FRAZE, FIRE CHIEF THRU CHANNELS
FROM: STEVE HOLLON, CAPTAIN
DATE: July 6, 2004
SUBJECT: INVESTIGATORS ACTIVITIES ON JULY 3Rr~ AND 4TM .
DETAILS OF EVENTS:
Chief Fraze,
On July 3' 2004 Captain Watts and I along with thirteen year old Colton
Bryant (Dale's son) did a sting operations on the fireworks booth within the City of
Bakersfield. The purpose of the operation was to find out which fireworks booth would
sell fireworks to a minor. The Health and Safety Code states "no one shall sell Safe and
Sane Fireworks to someone under the age of 16". The fine could be a maximum of
$500.and or a maximum 6 months in County Jail.
Twenty three firework stands were approached from Panama Lane and
Stine Road in the Southwest to Oswe!l and Columbus Street in the Northeast. Out of the
23 booths, I am happy to report only two sold to Colton Bryant. A citation was issued to
those two individuals who sold Colton the fireworks and the person responsible for the
firework stands was spoken too.
On July 4, 2004 Captain Watts, Captain Rios and I along with two County Park
Rangers ,Tony Gary and Mark Stacy conducted a sting Operation at the Lake Ming
Campgrounds between the hours of 20:00 hours and 21:30 hours. The sweep was made
with two teams of two walking thru the campground and one Officer in his vehicle that
was used as back up if needed. During the sweep 8 citations where issued and several
various types of illegal fireworks confiscated. It appeared the most common type of
illegal fireworks confiscated were bottle rockets. During my time there I observed several
bottle rockets explode over the dry grassy areas around the campgrounds of which any
one of them could have sparked a major grass fire that would have used a large number
of fire resources to control and extinguish the tire. Ranger Gary estimated there where
approximately 2000 people within .the Campground and "Day use only" area.
After the campground sweep Captain Watts, Rios and I concentrated in the area of
River Blvd. on the west, Columbus Avenue on the south, Fairfax on the east and
Panorama on the north from the hours of 21:45 to 01:00. During this time frame an
additional four citations and several warnings where issued along with my more
fireworks confiscated. The Investigators stayed together for Officer Safety.
As a note, this was my sixth year in the Investigation Unit working during the 4th.
· It is my opinion this year was very effective and a great start in combating illegal
fireworks considering the limited staffing of three.
TO: DEAN CLASON, DEPUTY FIRE CHIEF.
FROM: STEVE HOLLON, CAPTAIN, FIRE INVESTIGATIONS.
DATE: MARCH 22, 2004
SUBJECT: FIREWORK RELATED CALLS AND CITATIONS ISSUED
1998 THRU 2003.
2003: Three teams of (2) two worked the 4th of July answering
approximately 100 calls total.
Six citations where issued by our office and we assisted engine
companies with issuing 10 citations for a total of 16 citations.
Our office responded to (9) nine fire calls due to fireworks.
*Total damage approximately $ 30,000.
*(1) juvenile was arrested for starting a vehicle fire w/
fireworks.
2002: Five teams of (2) worked the 4th of July answering in the
neighborhood of 100 .to 150 calls.
38 citations issued by our office.
Our office responded to (7) related fire Calls due to fireworks.
· Total damage approximately $15,000.
2001: Six teams of (2) worked the 4th of July answering approximately 100
calls.
19 citations issued by our office.
Our office responded to (4) related fire calls due to fireworks.
*Total damage $225,000 damage. This large number was the
result of a bottle rocket landing on top of a Multi-family
dwelling causing approximately $200,000 damage.
Page 2
2000: Five teams of (2) worked ,the 4th of July. Unknown number of calls.
7 citations issued by our office.
Our office responded to (1) fire related .call due-to fireworks with (3)
Juveniles arrested.
1999: Six teams of (2) worked the 4th of July. Unknown number of calls
14 citations issued by our office.
Our office responded ~to (5) fire related calls due to fireworks.
1998: Six teams of (2) worked the 4th of July. Unknown .number of calls.
11 citations issued by our office.
Our office responded to (2) fire related calls due to fireworks.
BAKERSFIELD POLICE
MEMORANDUM
October 11, 2004
TO: Council-Member Sue Benham, Chairperson, Legislation and Litigation
Committee
FROM: D.S. Haskins, Lieutenant, Operation Division
'SUBJECT: .Police Personnel Costs for Staffing July 4, 2005 Fireworks Enforcement
Ihave consulted with Deputy Fire Chief-Dean Clason and together we propose that six
(6) Bakersfield Police Officers be utilized to team .up with Bakersfield-Fire Department
Arson Investigators for a ten hour shift to address the enforcement of fireworks laws
and ordinances.
In addition, due to last year's fatal fireworks injury, and subsequent need for expertise in
explosives investigations, we recommend placing three (3) officers and one (1)
sergeant from 'the Police Department's Bomb Disposal Team on duty for three hours.
The total projected cost to the Bakersfield Police Department for the six (6) police
officers, the three (3) Bomb Disposal Team members and one (1) sergeant for the 2005
Fourth of July Holiday is approximately $3,386.00.
OT 10% TOTAL # #
POSITION WAGES POST PER HR OFFICERS HOURS TOTAL
POLICE OFFICER (HOURLY RATE - STEP 5) $ 40.89 $4.09 $ 44.98 3 10 $1,349.37
SENIOR POLICE OFFICER (HOURLY RATE - STEP 5) $ 42.96 $4.30 $ 47.26 3 10 $1,417.83 $ 2,767.20
POLICE SERGEANT (HOURLY RATE- STEP 3) $ 49.40 $4.94 $54.34 I 3 $ 163.02
DETECTIVE (HOURLY RATE- STEP 5) $ 46.04 $4.60 $50.65 3 3 $ 455.81 $ 618.82
TOTAL · $ 3,386.02 $ 3,386.02