For City Council Meeting [June 9, 2020]
TO: Honorable City Council
APPROVAL: Rod Foster, City Manager
FROM: Sean Grayson, Fire Chief
Mark Kling, Police Chief
Title
Request City Council to 1) Receive an Update on Fireworks Enforcement for 2020; 2) Adopt Resolution No. 7632 Ratifying the Director of Emergency Services Order Suspending the Sale, Use and Possession of Safe and Sane Fireworks in the City of Rialto, and; 3) Direct the City Clerk and Staff to Prepare a Measure for Public Vote on the November 3, 2020 General Election Considering the Banning of All Fireworks in the City of Rialto.
(ACTION)
Body
BACKGROUND
On May 26, 2020, the City Council directed that a presentation on fireworks enforcement be presented on the June 9, 2020, Council Agenda. On June 4, 2020, the City Manager, with the recommendation of the Police and Fire Chiefs, and serving as the Director of Emergency Services under Council Resolution 7600 declaring a local emergency in response to the COVID-19 outbreak, issued an order Suspending the Sale, Use and Possession of Safe and Sane Fireworks in the City of Rialto. Consistent with the City of Rialto Municipal Code, the order of the Director of Emergency Services is brought to the City Council to affirm by resolution.
ANALYSIS/DISCUSSION
The impacts of all fireworks are profound throughout the region and within the City of Rialto:
According to the Fireworks Annual Report from the Consumer Product Safety Commission (CPSC), there are an average of 9,000 firework-related emergency room visits in the one-month period surrounding July 4 each year. There were at least eight fireworks-related deaths in 2017, including one fatality caused by sparklers. Children aged 10-14 years were most likely to go to the emergency room from firework injuries; the second most likely group was adults between 20-24 years old. The harm from fireworks ranges from minor injuries to loss of limbs and even death has been reported in Rialto.
The loud noises and concussion generated by fireworks can be impactful on humans and often cause a sense of unease. For older persons, those with certain medical conditions and especially for those suffering from post-traumatic stress, fireworks can trigger significant stress responses.
Research shows that fireworks have a profound effect on many kinds of domestic animals and wildlife. Birds and small mammals will abandon their nests or homes in fear, they can become disoriented and many times never return to their homes. Animal shelters see an increase in lost pets, as well as injured animals during the fourth of July holiday each year.
Each year more than 18,000 fires are caused by fireworks in the United States. Some of California’s large wildland fires have been caused by fireworks. In Rialto wildland fires and structures fires related to fireworks use happen each year as do a large number of fires in ornamental vegetation, fences, trees, dumpsters, and even vehicles.
The City of Rialto incurs significant expenses related to enforcement of fireworks, response to fireworks incidents, and clean-up from fireworks activities. Fireworks enforcement costs have averaged more than $75,000 per year over the last five years while the amount recovered in fines and citations has never reached 10% of the cost of enforcement. Fire Prevention personnel provide planning, permitting, inspection, and reporting services for safe and sane fireworks sales. The costs to the City for these activities exceed the permit fees generated by safe and sane activities. Police and Fire personnel confiscate about 50,000 pounds of fireworks each year. The costs to safely store and transport, for disposal are significant each year. The City’s weed abatement processes help in keeping fires of all kinds, including those caused by fireworks, small. The annual cost to the City to conduct weed abatement activities exceeds $100,000. There is debris left behind from all types of fireworks in various areas each year which incur costs to the City for pubic work remediation efforts
Action Plan 2020
The 2020 Fireworks Action Plan is a collaboration between all City Departments with active enforcement provided by the Police Department, Fire Department and Community Compliance Division. The plan is a multi-year approach to reduce and eliminate the profound impacts of fireworks on the community. The plan relies on both institutional best-practices as well as employees creative new thought processes. The plan follows the 5 E’s Model (Education, Encouragement, Enforcement, Engineering, and Evaluation) used for other planned changes in the City.
Education
The City has already begun a planned and progressive outreach and education program. The education uses social media, public safety announcements, press releases, signage, and the Rialto Network to distribute messages targeted at the impacts of fireworks in Rialto. The education program leverages community watch groups, civic groups, businesses, and non-profit organizations in the City to share the messaging.
Encouragement
The City is supporting the “See Something, Say Something” mantra for fireworks. Reporting the illegal sale of fireworks, whether online or in person, will help keep fireworks out of the hands of those who may use them. Reporting the illegal use of fireworks is an essential component of enforcement. Whenever possible the actual address of the illegal use should be shared with the Rialto Police Department to help direct responders to enforcement activities.
Enforcement
Enforcement of the illegal sale and use of fireworks has already begun and will continue to increase through the Fourth of July. Police, Fire, Community Compliance and other City personnel are deployed for coordinated enforcement and outreach. Technologies will be implemented in support of the enforcement effort including the use of drones. Illegal fireworks will be confiscated. The sale, possession, or use of fireworks may result in fines of up to $50,000 and imprisonment.
Engineering
The City will implement fuels modification activities in high risk areas including those that have previously had fires caused by fireworks. The City is evaluating the use of gunfire location technology adapted to identify fireworks use as they happen.
Evaluation
The City has conducted retrospective or historical analysis of fireworks sales, use, and enforcement including the use of geospatial data. The City will use real-time intelligence gathering including heat mapping of problem areas in order to be responsive to calls for service using enforcement personnel. The City will conduct a post-event evaluation to identify areas of success and those in need of improvement for future years 5 Es activities.
The impacts of fireworks will not be eliminated solely with the actions taken in 2020. They must be continued and adapted in future years to continue to address the sale, use, impact, and aftermath of fireworks in Rialto.
Director of Emergency Services Order
All fireworks are illegal in 17 Cities/Towns and all unincorporated areas within San Bernardino County. Safe and Sane fireworks are legal, with some restrictions, in 7 cities within the county, those being Adelanto, Chino, Colton, Fontana, Grand Terrace, Rialto & San Bernardino. A June 2019 report from the joint hearings of the City’s Human Relations Commission and Neighborhood & Housing Preservation & Beautification Commission included the recommendation that safe and sane sales and use be prohibited in the City based upon the negative impacts on the community.
The City of Rialto Police Chief and Fire Chief recommended that the sale and use of all fireworks, including safe and sane, be prohibited consistent with the City’s established COVID-19 prevention practices. The recommendation seeks to ensure continued social distancing practices and the avoidance of events. The recommendation uses the same data-driven risk-management approach that led to the cancellation of the City’s Fourth of July Fireworks Show and Event in 2020. On June 4, 2020 the City Manager, serving as the Director of Emergency Services under Council Resolution 7600 declaring a local emergency in response to the COVID-19 outbreak, issued an order Suspending the Sale, Use and Possession of Safe and Sane Fireworks in the City of Rialto. The order suspends the provisions of Chapter 5.20.010 of the Rialto Municipal Code allowing the limited sale and use of safe and sane fireworks in the City. Under the Order all fireworks will be illegal to sell and use in the City of Rialto during the fourth of July. The order remain in effect until either rescinded by the Director of Emergency Services, the City Council, or the adoption of a local initiative by the voters of the City of Rialto related to all fireworks.
The elimination of safe and sane fireworks sales in Rialto in 2020 is anticipated to have an impact on the local non-profit organizations that would have conducted the sales as a fundraiser. Staff recommends that the Rialto City Council consider supporting the local non-profit organizations that previously participated in safe and sane fireworks sales as potential one-time awardees of Community Development Block Grant (CDBG) CARES Act COVID-19 funds. To assist with those efforts.
Consistent with the City of Rialto Municipal Code the order of the Director of Emergency Services is brought to the City Council to affirm by resolution.
Measure for Public Vote on the Banning of all Fireworks in Rialto
Staff recommends the City Council direct the City Clerk and staff to prepare a measure for public vote banning all fireworks in the City of Rialto. The next regular election for the City of Rialto is the November 3, 2020 general election.
ENVIRONMENTAL IMPACT
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
GENERAL PLAN CONSISTENCY
The requested action is consistent with General Plan goals 5.7 “Maintain a high level of emergency response capability” and 5.8 “Provide effective and comprehensive policing services that meet the safety needs of Rialto.”
LEGAL REVIEW
The City Attorney has reviewed and supports this staff report.
FINANCIAL IMPACT
The full financial impact remains unknown at this time. The elimination of safe and sane fireworks sales will reduce permit fee revenues by $4,550. Similarly, expenditures of $11,500 will be eliminated as permit processing, issuance, fireworks stand inspections, reporting, and post-permit follow-up will not occur in 2020.
The cost of fireworks enforcement will be authorized by the Director of Emergency Services and represented in the fiscal year 2021/2022 budget as appropriate.
RECOMMENDATION
Staff recommends that the City Council:
● Receive an update on fireworks enforcement for 2020;
● Adopt a Resolution ratifying the Director of Emergency Services Order suspending the sale, use, and possession of safe and sane fireworks in the City of Rialto; and
● Direct the City Clerk and staff to prepare a measure for public vote on the November 3, 2020, General Election considering the banning of all fireworks in the City of Rialto.