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Consideration Items
Item No. 1.
| MEETING DATE: 11/21/2022 |
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| TO: | HONORABLE MAYOR AND COUNCILMEMBERS |
| FROM: | JIM SADRO, CITY MANAGER By: Adam Foster, Chief of Police |
| SUBJECT: | CONSIDER SETTING A DATE TO CONDUCT A PUBLIC HEARING TO CONSIDER AN AMENDMENT OF CHAPTER 9.22 ("FIREWORKS") OF SECTION 9.22.030 ("ENFORCEMENT") OF THE LA HABRA MUNICIPAL CODE (LHMC) RELATING TO FIREWORKS USE, DISCHARGE, POSSESSION, STORAGE AND SALE ON PRIVATE PROPERTY ALLOWING FOR ENFORCEMENT ACTION AGAINST SOCIAL HOSTS OF FIREWORKS BY INCREASING THE MAXIMUM FINE AMOUNT TO $2,000
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RECOMMENDATION:
That the City Council consider setting a date to conduct a Public Hearing to consider an amendment of Chapter 9.22 ("Fireworks") of Section 9.22.030 ("Enforcement") of the La Habra Municipal Code (LHMC) that would double the maximum fine for the possession and/or use of fireworks from the current maximum of $1,000 to a maximum of $2,000.
DISCUSSION:
In 2017, the City Council adopted Ordinance No. 1778, which amended La Habra Municipal Code (LHMC) Chapter 9.22 ("Fireworks") and authorized enforcement actions against persons acting as "social hosts" at gatherings where fireworks are discharged, whether or not those persons were observed possessing or using fireworks. Pursuant to Ordinance No.1778, police officers are authorized to take enforcement action against the property owners or tenants of a property where fireworks are being used. As part of that action, the City Council also doubled the maximum fine for firework violations from $500 to $1,000.
These actions were intended to address an increase in the use of illegal fireworks in the community. The City of La Habra has prohibited the possession, sale, and/or use of fireworks, including "safe and sane" fireworks, for more than 60 years. This prohibition was enacted, and has continued to be in place, to reduce the potential threat of injury, and brush and house fires caused by the irresponsible use of fireworks.
Although the possession and use of all fireworks are illegal in La Habra (with the exception of professionally managed displays at authorized City events such as the 4th of July show), the La Habra Police Department (LHPD) receives a high volume of complaints from residents who report illegal firework use during the days leading up to, on and after the July 4th holiday. For example, LHPD received more than 140 calls for service related to illegal fireworks use this past 4th of July holiday. Officers issued a total of 25 fireworks citations and confiscated more than 50 pounds of illegal fireworks. Consistent with the enforcement discretion provided for in LHMC Chapter 9.22 ("Fireworks") of Section 9.22.030 ("Enforcement"), the LHPD uses a progressive fine system, wherein an initial fine is $100, a second fine is $200, third fine is $500, and the final fine is set at the maximum of $1,000. Because progressive fines are intended to curb illegal behavior, to date there have been no maximum fines issued in La Habra for illegal fireworks use or possession.
As a tool for deterrence, the City Council has the ability to increase the maximum fine for fireworks violations from $1,000 to $2,000. In the event the maximum fine is increased, the higher fine amount will serve as the focal point of the City's annual fireworks prevention and awareness campaign. Staff believe that public outreach and education, coupled with a progressive fine system, may help increase compliance with the City's restrictions on fireworks possession and use.
It should be noted that various cities in Orange County, as well as neighboring Los Angeles County cities, assess a range of fines for fireworks use and possession. For example, the cities of Brea and Placentia have a maximum fine of $500; whereas, the cities of Costa Mesa and Garden Grove, as well as unincorporated Orange County, issue maximum fines of $1000. In contrast, the cities of Anaheim and Fullerton both allow "safe and sane" fireworks, however they have criminal fines for illegal fireworks. In nearby Los Angeles County, the City of Whittier, which had previously enacted a prohibition on firework use, recently raised their maximum fine for illegal fireworks use from $1,000 to $5,000; however, it should be noted that the Whittier Police Department indicated that they have not yet issued any $5,000 fines for violations.
These actions were intended to address an increase in the use of illegal fireworks in the community. The City of La Habra has prohibited the possession, sale, and/or use of fireworks, including "safe and sane" fireworks, for more than 60 years. This prohibition was enacted, and has continued to be in place, to reduce the potential threat of injury, and brush and house fires caused by the irresponsible use of fireworks.
Although the possession and use of all fireworks are illegal in La Habra (with the exception of professionally managed displays at authorized City events such as the 4th of July show), the La Habra Police Department (LHPD) receives a high volume of complaints from residents who report illegal firework use during the days leading up to, on and after the July 4th holiday. For example, LHPD received more than 140 calls for service related to illegal fireworks use this past 4th of July holiday. Officers issued a total of 25 fireworks citations and confiscated more than 50 pounds of illegal fireworks. Consistent with the enforcement discretion provided for in LHMC Chapter 9.22 ("Fireworks") of Section 9.22.030 ("Enforcement"), the LHPD uses a progressive fine system, wherein an initial fine is $100, a second fine is $200, third fine is $500, and the final fine is set at the maximum of $1,000. Because progressive fines are intended to curb illegal behavior, to date there have been no maximum fines issued in La Habra for illegal fireworks use or possession.
As a tool for deterrence, the City Council has the ability to increase the maximum fine for fireworks violations from $1,000 to $2,000. In the event the maximum fine is increased, the higher fine amount will serve as the focal point of the City's annual fireworks prevention and awareness campaign. Staff believe that public outreach and education, coupled with a progressive fine system, may help increase compliance with the City's restrictions on fireworks possession and use.
It should be noted that various cities in Orange County, as well as neighboring Los Angeles County cities, assess a range of fines for fireworks use and possession. For example, the cities of Brea and Placentia have a maximum fine of $500; whereas, the cities of Costa Mesa and Garden Grove, as well as unincorporated Orange County, issue maximum fines of $1000. In contrast, the cities of Anaheim and Fullerton both allow "safe and sane" fireworks, however they have criminal fines for illegal fireworks. In nearby Los Angeles County, the City of Whittier, which had previously enacted a prohibition on firework use, recently raised their maximum fine for illegal fireworks use from $1,000 to $5,000; however, it should be noted that the Whittier Police Department indicated that they have not yet issued any $5,000 fines for violations.
FISCAL IMPACT/SOURCE OF FUNDING:
The passage of this ordinance may result in a small increase in the number of administrative citations issued by LHPD officers; however, this anticipated increase will have little impact on the adopted budget.
GENERAL PLAN RELEVANCE/CITY COUNCIL GOALS & OBJECTIVES:
Objective B: Continue community-oriented policing as a method to improve dialogue with our community.
PS 1.1: Police Services and Enforcement. Responsive and efficient police and law enforcement services that protect and provide for a safe and secure community.
PS 1.1: Police Services and Enforcement. Responsive and efficient police and law enforcement services that protect and provide for a safe and secure community.