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Home My WebLink AboutItem No. 21 - Fireworks Discussion - Presentation Version with AnimationFireworks Discussion Presented by: William Lampi, Senior Management Analyst, City Manager’s Office Fireworks Discussion State and Local Laws State Law & Legal Definitions City’s Safe and Sane Ordinance Data and Statistics Fireworks-Related Revenues & Costs Fireworks-Related Enforcement Statistics One-Year Moratorium Moratorium Steps & Timing Moratorium Impacts Additional Considerations Review of Current Penalty Structure Social Host Ordinance & Drone Enforcement INSERT GRAPHIC State and Local Laws State Law Definitions •“Dangerous Fireworks” (HSC Section 12505) o Contain specific substances (arsenic, boron, etc.). o Fly into the air or travel across the ground. o Discharge balls of fire into the air or explodes. Examples Firecrackers, rockets, roman candles, chasers, sparklers greater than 10” in length and ¼” diameter, torpedoes, etc. •“Safe and Sane Fireworks” (HSC Section 12529) o Approved by Consumer Product Safety Committee. o Examined and tested by the State Fire Marshal. o Meets certain standards for design & performance. Examples Fountains, spinners, snap caps, snakes, sparklers, etc. State and Local Laws Prohibited Fireworks AreaCity’s Safe and Sane Fireworks Ordinance •Allowed from 12:00 pm July 1 - Midnight July 4. o Allowed in most areas south of the 210 Freeway. o Illegal in all areas north of the 210 Freeway. o Illegal in all areas at all other times. •Maximum of 35 Licenses to Sell Fireworks o Must be a non-profit organization/group. o Must have a temporary sales tax permit. o Cannot sell to anyone under the age of 18. •Required to Pay Regulatory Fees o Based off gross sales of fireworks in the City. o Shall not exceed 10% of total gross sales. o Helps offset enforcement costs. Prohibited Fireworks Area State and Local Laws City’s Safe and Sane Fireworks Ordinance •Allowed from 12:00 pm July 1 - Midnight July 4. o Allowed in most areas south of the 210. o Illegal in all areas north of the 210. o Illegal in all areas at all other times. •Maximum of 35 Licenses to Sell Fireworks o Must be a non-profit organization/group. o Must have a temporary sales tax permit. o Cannot sell to anyone under the age of 18. •Required to Pay Regulatory Fees o Based off gross sales of fireworks in the City. o Shall not exceed 10% of total gross sales. o Helps offset enforcement costs. Prohibited Fireworks Area State and Local Laws City’s Safe and Sane Fireworks Ordinance •Allowed from 12:00 pm July 1 - Midnight July 4. o Allowed in most areas south of the 210. o Illegal in all areas north of the 210. o Illegal in all areas at all other times. •Maximum of 35 Licenses to Sell Fireworks o Must be a non-profit organization/group. o Must have a temporary sales tax permit. o Cannot sell to anyone under the age of 18. •Required to Pay Regulatory Fees o Based off gross sales of fireworks in the City. o Shall not exceed 10% of total gross sales. o Helps offset enforcement costs. Prohibited Fireworks Area State and Local Laws City’s Safe and Sane Fireworks Ordinance •Allowed from 12:00 pm July 1 - Midnight July 4. o Allowed in most areas south of the 210. o Illegal in all areas north of the 210. o Illegal in all areas at all other times. •Maximum of 35 Licenses to Sell Fireworks o Must be a non-profit organization/group. o Must have a temporary sales tax permit. o Cannot sell to anyone under the age of 18. •Required to Pay Regulatory Fees o Based off gross sales of fireworks in the City. o Shall not exceed 10% of total gross sales. o Helps offset enforcement costs. Data and Statistics Gross Fireworks Sales FY 2022-23 FY 2023-24 FY 2024-25 Non-Profit Organizations $513,650.70 $507,741.40 $425,083.90 Providers $525,650.20 $458,645.50 $416,300.70 Combined Total $1,039,300.90 $966,386.90 $841,384.60 Revenues Generated FY 2022-23 FY 2023-24 FY 2024-25 Regulatory Fee $103,930.09 $96,638.69 $84,138.46 Anticipated Sales Tax $20,786.02 $19,327.74 $16,827.69 Combined Total $124,716.11 $115,966.43 $100,966.15 Enforcement Costs FY 2022-23 FY 2023-24 FY 2024-25 Regular & Overtime $179,682 $201,825 $211,916 Police Statistics 2023 2024 2025 Calls Cleared 210 248 296 Felony Arrests 11 12 11 Misdemeanor Arrests 75 4 75 Health & Safety Citations 11 28 11 Administrative Civil Penalties 6 3 7 Fireworks Seized 12,028 lbs.17,695 lbs.29,574 lbs. Data and Statistics One-Year Moratorium Purpose •Makes all fireworks illegal in all areas for one year. •Potentially allows the City to evaluate the following: o Impact on the use of dangerous fireworks. o Impact on fires, injuries, and other incidents. Next Steps & Timing •Requires the adoption of an ordinance. •Provide sufficient notice to all stakeholders. o First reading no later than February 4. o Adoption no later than February 18. Known Impacts •Loss of regulatory fee revenue. •Loss of sales tax revenue. •Loss of fundraising revenue for non-profits. Likely / Potential Impacts •Increase in enforcement costs. o Loss of regulatory fee. o Expansion of what is illegal. o Continued illegal use of safe and sane fireworks. Unknown Impacts •Impact on the use of “dangerous fireworks.” •Impact on other fireworks-related incidents. One-Year Moratorium Revenues Generated Enforcement Costs Dangerous Fireworks Use Additional Considerations Review of Fines / Penalties and Rewards •Penalties for Safe and Sane Fireworks Violations o First Offense $1,000 o Second Offense $2,500 o Third+ Offense $5,000 •Penalties for Dangerous Fireworks Violations o First Offense $2,500 o Second Offense $5,000 o Third+ Offense $10,000 The City provides a $250 reward for information that leads to the successful criminal or civil prosecution of anyone violating the City’s fireworks laws. City Administrative Civil Penalty Comparison San Bernardino $1,000 - $5,000 (Safe and Sane) $2,500 - $10,000 (Dangerous) Fontana $250 - $750 (Safe and Sane) $2,500 - $10,000 (Dangerous) Ontario $1,000 per violation Rancho Cucamonga $1,000 per violation Redlands $1,000 per violation Riverside $1,500 per violation Social Host Ordinance •Holds property owners, renters, or other hosts responsible for allowing the illegal use of fireworks on the property that is under their control. •Reduces the need for officers to physically insert themselves into a crowd to identify the user or possessor of illegal fireworks. Drone Enforcement •Would assist the City in accurately determining the physical address from which illegal fireworks are being discharged. Additional Considerations Questions?