Loading...
HomeMy WebLinkAbout23. Review of Fines Pertaining to Possession and-or Use of Illegal FireworksTO: FROM: DATE: SUBJECT: JUNE 25, 2019 REVIEW OF FINES PERTAIING TO POSSESSION AND/OR USE OF ILLEGAL FIREWORKS That the City Council receive and file the administrative report, and/or provide additional direction to staff on the option for curbing the discharge of illegal fireworks within the City by raising the existing fines from their current amounts of $2,000 for the first offense, $2,500 for the second offense, and $3,000 for the third offense issued within a 36 month period to an amount to be determined by City Council. Prior to 2007, local municipalities could prohibit the sale, Use, and discharge of both "dangerous fireworks" and "safe & sane fireworks" under a local municipal code (and punish violations either as criminal, misdemeanor offenses OR through the imposition of administrative fines), however, they were NOT lawfully able to prohibit the "possession" of dangerous fireworks under the local laws. Rather, the possession of dangerous fireworks had to be enforced through the State Health & Safety Code. (Local governments were also NOT able to prohibit the possession of safe & sane fireworks,) In 2007, the California State Legislature adopted SIB 839 modifying State law to authorize local governments to prohibit the possession of dangerous fireworks under a local municipal code if the quantity of fireworks is 25 pounds or less - however, the enforcement of such a local prohibition could ONLY be enforced by means of an administrative fine. That is, a City cannot enforce a local prohibition for the possession of fireworks by means of criminal prosecution. (Even with the adoption of SB 839, a CitN cannot -o.,rohibit the -#,,ossession of safe & sane fireworks OR the �-siossession of more than 25 pounds of dangerous fireworks under a municipal code. Possession of any amount of dangerous fireworks can still be criminally prosecuted under the State Health & Safety Code.) REVIEW OF FINES PERTAIING TO POSSESSION AND/OR USE OF FIREWORKS JUNE 25, 2019 PAGE 1 When the Downey • adopted regulations to issue administrative fines for fireworks- -• violations,the following fines were enacted: / for a first violation;11 for a second violation within 36 s • $1,000 for a third or greater violation within 36 months for the following • • Discharge of - & sane fireworks during p • • ed dates and b) Discharge of fireworks over City property or public right -0 -way. $1,000 for a first violation; $2,500 for a second violation within 36 months', and $5�000 for a third or greater violation within 36 months for the following •'. • a) Possession or discharge of dangerous fireworks (25 pounds or less); •) Possession or discharge of - -r safe & sane - • c) Storage of fireworks without required permit; and Sale, offer for sale, or display for sale fireworks without required permit. In October 2013,the City Counciladopted resolution number13-7450, ' Resolutiona Councilthe City • • I'• Amending - ' • -• • •. • • -1• •. ode •'•• • • • • increased the administrative fine for a first violation for all municipal code violations pertaining to dangerous fireworks, as well as altered safe & sane fireworks, to $2,000 (with the fines for second and third violations remaining at $2,500 and $3,000 ' respectively). increased administrative - • 0 •i • .^ applicable • violations pertaining to unpermitted fireworks standsand violations of - requirement •, the firewoaids. REVIEW OF FINES PERTAIING TO POSSESSION AND/OR USE OF FIREWORKS JUNE 25, 2019 PAGE 2 .11OWNEY MUNICIPAL COD1 ARTICLE III CHAPTER 5- FIREIVOTZ-&- C Code Description of Violation First Second Third e Section Offense Offense in 36- Offense in 36 month period month perio Possession or discharge of $2,000*+ $2,500*+# $3,000*+# 3504(a) Dangerous Fireworks (26 lbs. or less) D C Possession or Discharge of Altered 3504(b) Safe -and -Sane Fireworks DMC Discharge of Fireworks Upon City $2,500 *+# 3506 Property or Public Right -of -Way Storage of Fireworks Without $2,000*+ $2 600*+# $31000*+# Permit: Sale, Offer for Sale, or Display for Sale at Retail Fireworks stand Without Permit i p rations of Sales Stands $2,000*+ $2,500*+# $3,000*+# 0 Stands 7 Establishment of Limits of Districts $2,500*+# $31000*+ in Which Storage of Explosives and Blasting Agents is to be Prohibited n to the fine referenced in this schedule, a cite shall be assessed, and shall be liable and responsible for the payment of, the actual costs associated with the collection, transportation, and disposal of any seized fireworks, in accordance with regulations duly adopted by the State Fire Marshal, +Fines collected for violations of Article 111, Chapter 5 shall not be subject to the disbursement required pursuant to the California Health & Safety Code section 12706. (a) Sixty-five percent to the State Treasurer (b)Thirty-five percent to the local public agency #1 n a thirty-six (36) month period REVIEW OF FINES PERTAIING TO POSSESSION AND/OR USE OF FIREWORKS JUNE 25, 2019 PAGE 3 The Office of the State Fire Marshal is the primary enforcement agency for fireworks related violations under State law, and proposed a model ordinance for local jurisdictions to enact if they desired to impose administrative fines for fireworks related violations under a local municipal code. The fines proposed by the Office of the State Fire Marshal in the model o iinance arl.- $1,000 for a first violation, $2,000 for a second violation, and $3,000 for a third or greater violation. Under the model ordinance, the escalated fines for subsequent violations are only applicable if they occur within 12 months of the previous violation (not 36 months like Downey has enacted). or-MMIMMMM-TIM Although the City of Downey is NOT required to mirror the administrative fines imposed by neighboring Cities, it is important to consider the amount of fines in such Cities. Most Cities distinguish between violations relating to safe & sane fireworks and those relating to dangerous fireworks. I have only found evidence of two local municipalities that imposes a fine greater than $1,000 for a first violation: the City of Lynwood and the City of Norwalk. The following are the current administrative fines imposed by some local jurisdictions for violations pertaining to dangerous fireworks: a) Norwalk - $1,500 for first offense / $2,000 for second offense / $3,000 for third or greater offenses (within 36 months) b) Bellflower - $1,000; c) South Gate - $1,000 for first offense / $1,500 for second offense / $2,000 for third offense (within 12 months); d) Garden Grove - $1,000; e) Santa Fe Springs - $1,000; D Long Beach - $1,000; g) Anaheim - $1,000 for first offense / $2,000 for second offense / $3,000 for third or greater offenses; and, h) West Covina - $500 for first offense / $1,000 for second offense /$1,500 for third offense. Through the beginning of this year, the City of Lynwood assessed the following fines fireworks violations: a) Possession of dangerous fireworks - $250; b) Discharge of dangerous fireworks - $500; and, C) Sale of dangerous fireworks - $1,000. REVIEW OF FINES PERTAIING TO POSSESSION AND/OR USE OF FIREWORKS JUNE 25, 2019 PAGE 4 In February 2019, the Lynwood City Council increased the fine for ALL dangerous fireworks related violations to $5,000 (including possession, discharge, and sale). This will become effective this year, off UIVNZA1111 11 I . 12p, M-71 Uri M - The following is a review of the last three years' administrative citations issue or fireworks violations: Although there are a number of factors that might impact the information to be provided (e.g., less citations issued because DPD might have been handling other criminal matters), it should be noted that in 2016, the City collected approximately 39% of the fines imposed; in 2017, the City collected 38% of the fines imposed; and in 2018, the City collected approximately 45% of the fines imposed. 6 As opposed to misdemeanor or infraction fines (where the failure to pay a fine Will resu in the issuance of a bench warrant), if a person who receives an administrative citation does NOT pay the fine, the debt is sent to collections and/or the Franchise Tax Board for collection. However, other than impacting their credit, there are no other consequences of failing to pay - and if they do not care about their credit, the impact 0 an administrative citation is diminished. I While some appeals of the issued citations are based upon a complete denial that the person committed the violation, most appeals result from persons who just want to challenge the amount of the fine. Although these appeals are denied, it usually requir the expenditure of additional City resources to deal with the appeals. If the number of appeals increase as a result of an increased fine, so will the expenditure of City resources, as the City is billed at a rate of $85.00 per hour as well as mileage of the appointed Hearing Officer. In 2016, there were two (2) appeals. In 2017, 23 appeals were filed. In 2018, 14 appeals were filed. I Citations Fines/Penalties Fines/Pen a I ties Outstanding Issued Imposed Collected Bala nce *11E�l $23,741 $95,527 Although there are a number of factors that might impact the information to be provided (e.g., less citations issued because DPD might have been handling other criminal matters), it should be noted that in 2016, the City collected approximately 39% of the fines imposed; in 2017, the City collected 38% of the fines imposed; and in 2018, the City collected approximately 45% of the fines imposed. 6 As opposed to misdemeanor or infraction fines (where the failure to pay a fine Will resu in the issuance of a bench warrant), if a person who receives an administrative citation does NOT pay the fine, the debt is sent to collections and/or the Franchise Tax Board for collection. However, other than impacting their credit, there are no other consequences of failing to pay - and if they do not care about their credit, the impact 0 an administrative citation is diminished. I While some appeals of the issued citations are based upon a complete denial that the person committed the violation, most appeals result from persons who just want to challenge the amount of the fine. Although these appeals are denied, it usually requir the expenditure of additional City resources to deal with the appeals. If the number of appeals increase as a result of an increased fine, so will the expenditure of City resources, as the City is billed at a rate of $85.00 per hour as well as mileage of the appointed Hearing Officer. In 2016, there were two (2) appeals. In 2017, 23 appeals were filed. In 2018, 14 appeals were filed. I REVIEW OF FINES PERTAIING TO POSSESSION AND/OR USE OF FIREWORKS JUNE 25, 2019 PAGE 5 M JTA Lol Ll I Lf] I ;rAj it AVII " Lei I NO :4 NOW Lei I Cleal-11 L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ADMINISTRATIVE FINE SCHEDULE FOR VIOLATIONS OF THE DOWNEY MUNICIPAL CODE TO ADD FINES FOR FIREW RK VIOLATIONS WHEREAS, on September 9, 2008, the City Council of the City of Downey introduced an Administrative Citation Ordinance (enacted as Chapter 4 of Title 1 of the Downey Municipal Code) that establishes a process for imposing administrative/civil fines for violations of the Downey Municipal Code (and other technical codes adopted therein); and, WHEREAS, on June 9, 2009, the City Council of the City of Downey introduced an. amehdMdnt'td'Sectioft 411 8W C114�1-of ArtieWW"Of theDbwney-Manicipm Code, (Ordinance No. 09-1245) making violation of said Section subject to citation and the administrative fine process; and, WHEREAS, Downey Municipal Code Section 1406(a) provides that the amount of the administrative fine for violations of the Downey Municipal Code shall be set forth in a schedule of fines established by resolution of the City Council; and, WHEREAS, Downey Municipal Code Section 1406(a) requires that the schedule of fines provi•e for increase•fines for repeat violations of the same co •e prov s on y t e same responsible person; and, WHEREAS, the Chapter 5 of Article III of the Downey Municipal Code regulate$ the possession, sale, use, and discharge of fireworks (both dangerous and safe -and -sane); and, WHEREAS, the City of Downey has a substantial interest in promoting comp ance wit the federal, slate and local laws intended to safeguard the members of the community — especially protecting children from being influenced by the misconduct of adults; and, WHEREAS, the City of Downey recognizes that all fireworks, including those designated as "Safe and Sanecreate potential hazards to the public's health, safety and general welfare; and, WHEREAS, the City Council wishes to amend the coded administrative fine schedule to increase the administrative/civil fine amounts for violations of Chapter 5 ("Fireworks"); and, WHEREAS, the City Council also wishes to extend the applicability of increased administrative/civil fines for fireworks -related violations to a 36 -month period (rather than a 12 - month period) due to the seasonal nature of these violations; and, WHEREAS, the City Council of the City of Downey has the obligation to take action to preserve the health, safety, and welfare of its residents, businesses, and the general public. NOWj THEREFOREj THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The "Schedule of Administrative Fines" is hereby amended to add a fine schedule for violation of Article III, Chapter 5 ("Fireworks") Sections 3504-3506, 3512. 3513, and 3516 of the Downey Municipal Code as set forth in Exhibit "Aattached hereto and incorporated by reference herein. A RESOLUTION NO. 13-7450 PAGE 2 SECTION 2. Interest in the amount of ten percent (10%) per year computed daily, sh accrue and be assessed on any fine that is not fully paid to the City withi� sixty (60) calendar days of its imposition/issuance when it is not contested in accordance with the provisions of t Chapter 4 of Title 1 of the Downey Municipal Code, or if it is not fully paid to the City within six] (60) calendar • • any decision • a hearing off icer • a • officer to uphold • • the fine if contested in accordance with the provisions • Chapter 4 of Title 1 • the Downey Municipal Code. SECTION 3. Re -inspection fees, pursuant to the annually adopted Council fee resolution, shall be imposed upon any person causing, permitting, aidlng, abetting, or suffering a violation of the Ddwnev MuniciDal Code (or other technical code a oPl;0d.th0*­),that.isnot.... timely and completely corrected or abated (with all required approvals, permits, licenses, andfor inspections) after having received notification from the City to correct or abate same. The re- inspection fee for Code Enforcement personnel shall be set at $55, or as subsequently set pursuant to the annually adopted Council fee Resolution. Resolution Nos. 08-7096 .• 09-7136 shall be -•-_, SECTION 5. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 22nd day of October, 2013. MARIO A. GUERRA, Mayor ATTEST: ADRIA M. JIMENEZ,,bMC City Clerk I HEREBY CERTIFY that the foregoing Resolution was .i••:f-• •. the City Council • the City • f• at a regular meeting held • the r_ • •be 2013 • the following •'- to wit: AYES: Council Membew Brossmer, Marquez, Saab, Vasquez, Mayor Guerra NOES: Council Member: None. Aouncil Member: None, ABSTAIN: Council Member: None. CA/vt- kiA M, JIMENEZ, CMC City Clerk EXHIBIT A r SectionCode Description of Violation First 0 nse • Offens period 12 - month eariod DMC §3404 "Failure to Submit $1000 $2500 Hazardous Materials n. $1500 $3000 $ 500 $1000 $1000 $2500 $1000 $2500 11' I 111 � I $5000 8 'r i1i $5000 DFC §307 to Submit §2701.5.1 Hazardous Man.. D . Submit §2701.51.2 Hazardous nventorV D' "Releaseof .• "Unauthorized Dischaig-6�� 1 $1500 $3000 $ 500 $1000 $1000 $2500 $1000 $2500 11' I 111 � I $5000 8 'r i1i $5000 RESOLUTION NO. 13-7450 PAGE DIVIC Possession or Discharge of $211 000* $2500*t '3000* §3504(a) Dangerous Fireworks (25 lbs. or less) C Possession or Discharge of $2000*t 2500*t4 $3000*t# 504(b) altered Safe-and-Sane Fireworks DIVIC 3505 Discharge of Fireworks Upon $2000*t $2500*tn $3000*14 City Property or Public Right- ight-of- of-Way _ :ay DMC §3506 Storage of Fireworks Without $2000* $2500*t# $3000*t# Permit; Sale, Offer for Sale, or Display for Sale at Retail Fireworks WithoutPermit C §3512 Operations of Sales $2000*t $2500*t" $3000*19 Stands DIVIC 3513 General Requirements for $2000*t 2500*t# 3000* Fireworks Stands DIVIC §3616 Establishment of Limits of $2000*t 41211 500*1# $300044 Districts in Which Storage of Explosives and Blasting Agents is to be Prohibited kin addition to the fine referenced in this schedule, a citee shall be assessed,- and shall be liable and responsible for the payment of, the actual costs associated with the collection, transportation, and disposal of any seized fireworks, in accordance with regulations duly adopted by the State Fire Marshal. tFines collected for violations of Article III, Chapter 5 shall not be subject to the disbursement required pursuant to California Health & Safety Code section 12706. In a IN -six 36 month eriod Arti Ne I "PIJBLIQ WELFARE MORALS, AND POLICY" C a ter1 `.DISORDERLY CONDR C'T E Q. DMC §4116 "Illegal Dumping" _.....x u$.. 250 500 $1000 DMC §4118 "Illegal Sign Posting — Public 250 500 $1000 Property" RESOLUTION O. 13-7450 PAGE 6 Article,V ("SANITATION" ____ Chapter 7 MIQRM WATER ANDURBAN RUNOFF POLLUTION AND CONVEYANCE CONTROLS") DMC "Illicit Connection and Illicit $ 250 $ 500 $1000 ,§5703 Discharge Prohibition'! DMC §5704 "Control of Pollutants" $ 250 $ 500 $1000 DMC §5705 "BMP Requirements for $ 250 $ 500 $1000 Urban Runoff Reduction" CALIFORNIA CIVIL CODE Igle 14. Chapter 2. —CCC T—"Vacant Prop ti000s-1-0-0-0-'-(')--Fs-1-0-0-0 2929.3--('W)— _§ Maintenance" (2) Maintenance" California Civil Code; (2) per SB 1137 -Property Acquired Through Foreclosure Proceedings; (3) per day ...... . ...........