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 AAdopted: DRAFT

Legislative and Litigation City Council Meetings Committee Meetings 3:30 Closed Session, 5:15 p.m. Public Session12:00 p.m. Budget Hearing 06/08, Budget Adoption 06/29

Budget Departmental Workshops Holidays - City Hall Closed12:00 p.m.

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League of California Cities Annual Conference - October 5 - 7, 2016

APRIL MAY JUNE

Legislative and Litigation Committee CalendarJanuary 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 EveHOLIDAY 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.

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Page 1 of 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 2 of 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.

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Page 3 of 3Officials: Reports of illegal fireworks down on New Year's Eve

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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.

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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.

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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 Share on facebookShare on twitterShare on pinterest_shareMore Sharing Services0

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

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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.

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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

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From: Dennis RevellTo: tlmaxwell@sbcglobal.netCc: 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, 2016Date: Wednesday, January 06, 2016 4:27:16 PMImportance: High

 

 

January 6, 2016 The Honorable Councilmember Terry Maxwell VIA EMAILChairLegislative & Litigation CommitteeBakersfield City Council1600 Truxton AvenueBakersfield, 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” GennaroAmber Lawrence, Administrative Assistant IISteven Teglia, Assistant City ManagerChris Gerry, Administrative Analyst III