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Public Hearings
Item No. 1.
| MEETING DATE: 02/21/2023 |
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| TO: | HONORABLE MAYOR AND COUNCILMEMBERS |
| FROM: | JIM SADRO, CITY MANAGER By: Adam Foster, Chief of Police |
| SUBJECT: | DULY NOTICED PUBLIC HEARING TO CONSIDER AN INCREASE IN THE MAXIMUM FINE FOR THE POSSESSION AND USE OF ILLEGAL FIREWORKS FROM $1,000 TO $2,500
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RECOMMENDATION:
That the City Council consider and approve the first reading of ORDINANCE NO. ____ ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, AMENDING CHAPTER 9.22 OF TITLE 9 OF THE CITY OF LA HABRA MUNICIPAL CODE RELATING TO FIREWORK USE, DISCHARGE, POSSESSION, STORAGE AND SALE ON PRIVATE PROPERTY.
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 illegally discharged, whether or not those persons were observed possessing or using the fireworks. Pursuant to Ordinance No.1778, La Habra 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 at that time.
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 during the 4th of July holiday in 2022. Officers issued a total of 25 fireworks citations and confiscated more than 50 pounds of illegal fireworks last year. 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, the 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.
At City Council's direction, staff presented a report regarding the City's current fireworks fine levels at the November 21, 2022 City Council meeting. Based on City Council discussion and direction at that meeting, staff has subsequently conducted additional research into the feasibility of increasing the minimum fine from the current $100 level to $200. Staff also researched the potential for higher maximum fine levels as well. After conferring with the City Attorney's office regarding fine levels, staff was advised that minimum fines are established by State Government Code 36900 (a) and 53069.4 and therefore cannot be adjusted; however, a maximum fine can be set by a local jurisdiction. Staff again reviewed the maximum fine levels that have been enacted for the illegal use of fireworks in surrounding cities and found that those cities that have taken the step to establish a maximum fine do not exceed $1,000; with the exception of the City of Whittier, which has a maximum fine of $5,000.
Staff found that various cities in Orange County, as well as neighboring Los Angeles County cities, assess a range of fines for illegal 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 $1,000. In contrast, the cities of Anaheim and Fullerton both allow "safe and sane" fireworks; however, both cities utilize the criminal code to enforce against the illegal use of fireworks. As mentioned above, the City of Whittier has established a maximum fine of $5,000; however, staff was advised that the Whittier Police Department has yet to issue any $5,000 fines for violations.
As a continued tool for deterrence, staff recommends that the City Council increase the maximum fine for fireworks violations from $1,000 to $2,500. This will make the City of La Habra's maximum fine higher than all other local surrounding jurisdictions, with the exception of the City of Whittier. If this higher maximum fine is approved, it will serve as the focal point of the City's annual fireworks prevention and awareness campaign. Staff believes 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.
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 during the 4th of July holiday in 2022. Officers issued a total of 25 fireworks citations and confiscated more than 50 pounds of illegal fireworks last year. 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, the 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.
At City Council's direction, staff presented a report regarding the City's current fireworks fine levels at the November 21, 2022 City Council meeting. Based on City Council discussion and direction at that meeting, staff has subsequently conducted additional research into the feasibility of increasing the minimum fine from the current $100 level to $200. Staff also researched the potential for higher maximum fine levels as well. After conferring with the City Attorney's office regarding fine levels, staff was advised that minimum fines are established by State Government Code 36900 (a) and 53069.4 and therefore cannot be adjusted; however, a maximum fine can be set by a local jurisdiction. Staff again reviewed the maximum fine levels that have been enacted for the illegal use of fireworks in surrounding cities and found that those cities that have taken the step to establish a maximum fine do not exceed $1,000; with the exception of the City of Whittier, which has a maximum fine of $5,000.
Staff found that various cities in Orange County, as well as neighboring Los Angeles County cities, assess a range of fines for illegal 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 $1,000. In contrast, the cities of Anaheim and Fullerton both allow "safe and sane" fireworks; however, both cities utilize the criminal code to enforce against the illegal use of fireworks. As mentioned above, the City of Whittier has established a maximum fine of $5,000; however, staff was advised that the Whittier Police Department has yet to issue any $5,000 fines for violations.
As a continued tool for deterrence, staff recommends that the City Council increase the maximum fine for fireworks violations from $1,000 to $2,500. This will make the City of La Habra's maximum fine higher than all other local surrounding jurisdictions, with the exception of the City of Whittier. If this higher maximum fine is approved, it will serve as the focal point of the City's annual fireworks prevention and awareness campaign. Staff believes 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.
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.