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HomeMy WebLinkAbout20-Mayor's Office CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Tom Minor, Mayor Subject: Ban on sale and discharge of Fireworks within the City of San Bernardino. Dept: Mayor's Office r ORIGINAL Date: July 24, 1997 Synopsis of Previous Council Action: Recolt1ll1rl1ded Motion: That the City Attorney be directed to prepare an ordinance banning the sale and discharge of fireworks within the City of San Bernardino. ~ ... I~fib~ ( Signature Contact person: Tom Minor. Mayor Phone Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: N/ A Source:(Acct. No.) (Acct. Description) Finance: Council Notes: f/LJ/~7 Agenda Item No. J..O CIlY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT In light of the recent "Hemlock Fire," which was allegedly touched off by an illegal firecracker, I asked the Fire Chief to reevaluate the City's Municipal Code relative to Fireworks. Attached is the collaborative response from Fire and Police Chiefs. I request that the Common Council support my recommendation to direct the City Attorney to prepare an ordinance banning the sale and discharge of fireworks within the City of San Bernardino. City of San Bernardino San Bernardino Police Department Interoffice Memorandum From: Mayor Tom Minor Lee Dean, Chief of pOlice?ip Larry Pitzer, Fire Chief, I '- ' Fireworks Ordinance To: Subject: Date: July 21, 1997 Copies: Staff work is attached supporting an ordinance banning fireworks in the City of San Bernardino, should this be the direction which you and Council choose to proceed in. Issues to consider include mitigation measures and enforcement expectations. If we ban fireworks outright, calls for service will increase. People are going to purchase fireworks and bring them into the City. This is especially true in light of the availability of fireworks in surrounding areas. It does not seem that San Bernardino is a magnet at this point for "safe and sane" fireworks, since other jurisdictions also sell them. We need to be cautious about the public's expectation in terms of a rapid response to "firecracker" calls, which isn't realistic. Also, some effort to mitigate the impact of a ban would be well placed. For example, municipal fireworks displays could be sponsored by donations. This could occur, for example, at the stadium and other diverse locations. Our suggestion would be for multiple, well-publicized offerings so as to remove the need for private purchase and display of fireworks. Obviously, there will be some unhappy service clubs and other vendors which make a profit on the sale of the fireworks. Some of these service clubs will no doubt voice their disappointment and raise the theme of "big government." This is just a reality of doing business. One way to offset this would be to coordinate service club vending to a municipal sponsored, independent production contractor. On balance, we believe that a ban on fireworks in the City, with the above mitigation measures, would weigh in the interest of public safety. cgr Attachment THE SBPO IS COMMITTED TO PROVIDING: PROGRESSIVE QUALITY POLICE SERVICE; A SAFE ENVIRONMENT TO IMPROVE THE QUALITY OF LIFE; A REDUCTION IN CRIME THROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING ! ORIGINAL City of San Bernardino San Bernardino Police Department Interoffice Memorandum To: Chief Lee Dean A. Billdt ~ 1/I7Jrn From: Captain Michael Subject: Fireworks Sales within the City of San Bernardino Date: July 17, 1997 Copies: Lt. Steve Jarvis; Guy Burdick, Fire Marshall . PROBLEM The City of San Bernardino allows "Safe and Sane" fireworks to be sold and discharged within the City limits. Specific geographical neighborhoods inside the City are approved for use of these pyrotechnics while other areas are excluded from the sale and use of this product. There is an inherent problem when the general public is allowed to buy fireworks. It has been demonstrated that there is only a modicum of desire to learn the safe handling of this product and little or no concern for the local regulations governing of fireworks. Continuing to allow the use of fireworks within the City will continue to drain governmental resources and negatively impact public safety issues. RECOMMENDATIONS . All fireworks sales and use be banned within the City limits of San Bernardino. . The City Attorney, with the approval of the Mayor and Common Council draft a City Ordinance reflecting the ban on fireworks city-wide. . City government structure a public relations/information campaign to educate citizens regarding this municipal code change as soon as possible. ATTACHMENTS 1. Raw data collection and summary. 2. Copy of pertinent municipal codes. 3. Newspaper clipping. THE SBPO IS COMMITTED TO PROVIDING: PROGRESSIVE QUALITY POLICE SERVICE; A SAFE ENVIRONMENT TO IMPROVE THE QUALITY OF LIFE; A REDUCTION IN CRIME THROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING .P1.rewurk. U.. aDd Bal._ - SeaLL Stady Page 2 SUMMARY Fireworks historically have been allowed by ordinance in the City of San Bernardino. There has been no complete ban on their use to date. Their use is allowed statutorily by Health & Safety Codes 12500-12725 and Health & Safety Code 12541. The municipal ordinance outlaws the use of pyrotechnic devices with the exception of "Safe & Sane" fireworks. The City ordinance speaks to the geographical locations for the use and prohibition of this product. From June 28, 1997 0800 hours through July 8, 1997 0800 hours there were a minimum of 187 calls for service regarding fireworks. Police dispatch supervisors indicate there were numerous other calls" to radio that were resolved at that level and not dispatched to police personnel. Computer Aided Dispatch recorded 27 hours and 49 minutes of time expended by officers in response to fireworks related calls during this window. There is no way to capture data on the time expenditures of police dispatchers and complaint desk coordinators on this issue. There are 154 cities and 76 unincorporated areas that presently allow the sales and use of "Safe & Sane" fireworks. Only 47 of these cities are located in Southern California. By example, there are only three cities within Orange County which allow the the use and sale of "Safe & Sane" fireworks. Product identification is extremely frustrating. Experienced police officers find it difficult to distinguish between "Safe & Sane" pyrotechnics and those that are prohibited. The citizens join in this confusion, and added to this is the prohibition of fireworks within certain neighborhoods. If there is a pyrotechnic ban, there can be no promise of reduction in calls for service immediately. Fireworks can be purchased in surrounding cities or brought in from out of state. Reduction of calls would take place incrementaly with the education and acceptance of the public. A ban would take the confusion out of firework related calls in that any use of pyrotechnic devices would be deemed illegal. Neither dispatch or the responding officers would need expertise in the identification of fireworks. Very simply, all firework devices would be banned and prohibited. Calls for service would no doubt increase under an outright ban. The public is falsely led by the phrase "Safe & Sane" fireworks. There seems to be an expectation that these devices cause no physical harm or fire danger when being used. That is not the case. Physical injury and fire damage are routinely caused by these devices. THE SBPO IS COMMITTED TO PROVIDING: PROGRESSIVE QUALITY POLICE SERVICE; A SAFE ENVIRONMENT TO IMPROVE THE QUALITY OF LIFE; A REDUCTION IN CRIME TNROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING r1retIodII u.. aDd' Bal... - StaL~ stady Page 3 When considering this proposal, do not neglect the political ramifications of this ban. Numerous non-profit organizations sell this product for fundraising profits. It is my recommendation that the sales and use of firework products be banned in the City of San Bernardino. In doing so, City government would be better served and the resources controlling the use of pyrotechnics would be better utilized. /drs . THE SBPD IS COMMITTED TO PROVIDIHG: PROGRESSIVE QUALITY POLICE SERVICE; A SAFE EHVIRONMENT TO IMPROVE THE QUALITY OF LIFE; A REDUCTION IN CRIME THROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING RAW DATA COLLECTION FIREWORKS RELATED CALLS FOR SERVICE June 28, 1997 0800-Ju1y 8, 1997 0800 SlJMMARY 187 calls for service. 27 hours 49 minutes total documented expended in officer response time. 14 calls resolved by officers, time element unknown. 144 calls regarding the use of fireworks on public streets or private property. 13 calls regarding the use of fireworks in fields, dry brush or wash areas. 26 calls regarding the use of M80's or other illegal fireworks. CALLS THAT WERE NOT DISPATCHED . 2 calls canceled due to late call status. 5 calls canceled by the reporting party. 12 calls canceled and routed to MOTS. 1 call canceled by the Fire Department. 1 call canceled as a duplicate call. JUNE 28. 1997 8 calls for service. 2 hours 46 minutes expended officer time. 6 calls regarding fireworks in the street or on private property. 1 call regarding fireworks in fields, dry brush or wash area. 1 call regarding the use off illegal fireworks. JUNE 29. 1997 4 calls for service. 31 minutes expended in officer response time. 4 calls regarding fireworks in the street or on private property. JUNE 30. 1997 9 calls for service. 2 hours 13 minutes expended officer time. 1 late call canceled. 1 call resolved by a sergeant, time expended unknown. 6 calls regarding fireworks in the street or on private property. 3 calls regarding the use of M80's or other illegal fireworks. JULY 1. 1997 8 calls for service. 1 hour 30 minutes expended officer time. 7 calls regarding fireworks in the street or on private property. 1 call regarding the use of illegal fireworks. 1 call canceled by unit, time element unknown. Dtzta ColkctWlI Firtlworlcl RelDUd CsJh lor Semc. JUlIe 28, 1997-July 8, 1997 Page 2 1 late call canceled. JULY 2. 1997 12 calls for service. 1 hour 59 minutes expended in officer response time. a calls regarding fireworks in the street or on public property. 4 calls regarding the use of MaO's. 1 late call canceled. JULY 3. 1997 23 calls for sarvice. 4 hours 20 minutes expended in officer response time. 16 calls regarding fireworks in the street or on private property. 3 calls regarding fireworks in fields, dry brush and wash areas. 4 calls regarding the used of Mao's or other illegal fireworks. JULY 4. 1997 72 calls for service. 10 hours 32 minutes expended in officer response time. 55 calls regarding fireworks in the street or on private property. 7 calls regarding fireworks in fields, dry brush and wash areas. 9 calls regarding the use of Mao's or other illegal fireworks. 12 calls routed to MOTS instead of dispatched. 6 calls canceled by officers, time element unknown. 2 calls canceled by the reporting party. 1 call canceled by the Fire Department. 1 call canceled as a duplicate call. JULY 5. 1997 22 calls for service. 2 hours 3a minutes expended in officer response time. 1a calls regarding fireworks in the street or on private property. 1 calls regarding fireworks in fields, dry brush and wash areas. 3 calls regarding the use of Mao's or other illegal fireworks. 2 calls canceled by officers, time element unknown. 3 calls canceled by the reporting party. JULY 6. 1997 22 calls for service. 2 hours 3a minutes expended in officer response time. 17 calls regarding fireworks in the street or on private property. 4 calls regarding fireworks in fields, dry brush and wash areas. 1 calls regarding the use of Mao's or other illegal fireworks. 4 calls canceled by officers, time element unknown. DtItIJ C41lectiolJ Finworb R./sUd C41h lor Semce JUlIe 28, 1997-1uly 8, 1997 Page 3 JULY 7. 1997 7 calls for service. 1 hour 42 minutes expended in officer response time. 7 calls regarding fireworks in the street or on private property. JULY 8. 1997 No calls for service between 0000 hours and 0800 hours. . L. The vehicle with sound-amplifying equipment shall not be operated within three hundred feet of any hall, auditorium, coliseum or other place wherein a meeting or other public event is in progress and more than one hundred persons are in attendance. (Ord. 2096 ~ 4(0), 1956.) 8.57.080 Commercial advertising by sound truck prohibited. It is unlawful for any person to operate, or cause to be operated, any sound vehicle for commercial sound advertising purposes in the City with sound-amplifying equipment in operation. (Ord. MC-460, 5-13-85; Ord. 2096 ~ 5, 1956.) 8.57.090 Violation - Penalty. Any person who violates any provision of this Chapter is guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of S 1.12.010 of this Code. (Ord. MC-460. 5-13-85; Ord. 2096 ~ 6, 1956.) Sections: 8.60.010 8.60.020 8.60.030 8.60.040 8.60.050 8.60.055 8.60.060 8.60.070 8.60.080 8.60.090 8.60.100 8.60.110 8.60.120 8.60.130 8.60.140 8.60.150 Chapter 8.60 FIREWORKS'o Dates and hours of sale. License. Required. License - Application. Public liability insurance License. Notice of granting or rejection. License - Prerequisites to issuance Suspension of license - Appeal procedure. Operation of stand. Temporary fireworks stands. General requirements for licensees. License tax. Temporary sales tax permit required. Display of license and sales tax permit. Permissible locations for discharge. Prohibitions on discharge. Reference to determination of safe and sane fireworks. Violation - Penalty. 8.60.010 Dates and hours ofsale. Safe and sane fireworks as defined by Section 12529 of the Health and Safety Code of the state may be sold and discharged within the City during the period beginning at twelve noon on the 28th day of June and ending at eleven fifty-nine p.m. on the 5th day of July each year pursuant to the provisions of this Chapter and not 10 For statutory provisions on fireworks, see Health and Saf. Code ~~ 12500-12725; for provisions on local regulation of fireworks, see Health and Sar. Code ~ 12541. [Rev. July 22. 1996] 8-69 otherwise. (Ord. MC-219, 11-1-82; Ord. 2884 ~ 1, 1968.) 8.60.020 License - Required. Except as provided in this Chapter, it is unlawful for any person to offer for sale or sell at retail any fireworks of any kind in the City without having first applied for and received a license therefor. (Ord. MC-460, 5-13-85; Ord. 2884 ~ 2, 1968.) 8.60.030 License. Application. Public liability insurance. All applications for a license to sell fireworks shall: A. Be made in writing accompanied by a license fee of two hundred dollars; the fee is not for the purpose of revenue but will be used to defray the cost of inspection and supervision; B. Be made between the first day and the last day of March of each year except when the last day falls on a Saturday or Sunday, the following business day shall be determined to be the last day; C. Set forth the proposed location of the fireworks stand applied for. The stands must be on private property located in C-I or heavier industrial or manufacturing zones and the written permission of the owner of record or lessee must accompany the application; D. Be accompanied by an assurance that if the license is issued to applicant, applicant shall, at the time of receipt of the license, deliver to the City Clerk's office one hundred thousand/three hundred thousand dollars public liability and fifty thousand dollars property damage insurance policies with riders attached to the policies designating the City as an additional assured under this Chapter, and a copy of the requisite permit from the State Fire Marshal. (Ord. 2884 ~ 3,1968.) c 8.60.040 Licenses. Notice of granting or rejection. Applicants for any such license shall be notified by the City Clerk's office by April 15th of the granting or rejection of such application for a license. (Ord. 2884 ~ 4, 1968.) 8.60.050 License. Prerequisites to issuance. The following qualifications must be met by each applicant for a license issued under this Chapter: A. No license shall be issued to any person, firm or corporation except nonprofit associations or corporations organized primarily for veteran, patriotic, welfare, civic betterment, or charitable purposes. B. Each such organization must have its principal and permanent meeting place in the corporate limits of the City and must have been organized and \ " (Rev. July 22,1996] 8-70 . . established in the City's corporate limits for a minimum of one year continuously preceding the filing of the application for the license, and must have a bona fide membership of at least twenty members. C. No organization may receive more than one license for fireworks sale during anyone calendar year. one license may be issued to two or more qualifying applicants as a joint venture. The maximum number of licenses which may be issued pursuant to this Chapter during anyone calendar year shall not exceed one license for each four thousand residents of the City, or fraction thereof, based on the latest Department of Finance, State of Califomia census estimate. If the number of applications exceed the number of licenses to be issued, the licensees during the preceding year shall have first priority for the available licenses. A licensee shall retain its priority from year to year only so long as the licensee continues to represent each and all of the participating organizations which operated under the license during the preceding year. Each participating organization shall be deemed to be a co-Iicensee and joint venturer with the licensee claiming first priority and shall have the same duties and liabilities under the license. Any change in organizations within the joint venture shall constitute a change causing that joint venture to lose its priority. Ifthere are any additional licenses available after priority organizations have been considered, such additional licenses shall be granted by a drawing supervised by the City Clerk. Any prior licensee, the license of which has been suspended under the provisions of ~ 8.60.055, shall lose its priority, and shall be eligible for a new license only upon satisfying the Fire Chief that suitable arrangements have been made to preclude future violations. If the Fire Chief certifies his satisfaction, such licensee shall be permitted to compete with other additional applicants for such additional licenses as may be available through the drawing. (Ord. MC-219, 11-1-82; Ord. 3236. 1972; Ord. 2884 ~ 5.1968.) 8.60.055 Suspension of license. Appeal procedure. A. The Fire Chief or his designee shall be authorized to suspend immediately and without notice or formal hearing the license of any licensee which violates any rule, regulation or ordinance while operating or preparing to operate a fire-works stand during or immediately preceding any period of sale. If the Fire Chief or his designee establishes that a violation has occurred too late to suspend the license during the period of sale, he shall have power to suspend the licensee from future licenses. and to suspend the priority of the licensee, for any such violation found to have occurred during or immediately preceding or immediately following the authorized period of sale. B. The decision of the Fire Chief or his designee to suspend the license of any licensee shall be subject to review by the City Administrator, forthwith. In view of the limited sales period each year, for suspensions affecting the sale period, such hearing shall be held at the earliest possible time that the licensee, City Administrator or his designee, and the representative of the Fire Chief can schedule a meeting for such review. For suspensions after the sale period, the hearing shall be held within one month after the request for hearing, which request must be made within fifteen days after notice of the [Rev. July 22, 1996] 8-71 suspension. The City Administrator, or his designee, is authorized to set aside the suspension, or to modify the suspension by limiting its effect to only one or more days, or by setting aside the forfeiture of priority status for future years. The decision of the City Administrator or his designee shall be final. unless appealed to the Mayor and Common Council under the provisions of Chapter 2.64. (Ord. MC-219, 1 1-1-82.) 8.60.060 Operation of stand. ( A. It is unlawful for the licensee organization to permit any person other than the licensee organization to operate the stand for which the license is issued or to otherwise participate in the profits of the operation of such stand. B. It is unlawful for the licensee organization to permit any person other than the individuals who are members of the licensee organization, or the spouses or adult children of such members. to sell or otherwise participate in the sale of fireworks at such stand. C. It is unlawful for the licensee organization to pay any consideration to any person for selling or otherwise participating in the sale of fireworks at such stand. (Ord. Mc-460, 5-13-85; Ord. 2884 ~ 6, 1968.) 8.60.070 Temporary fireworks stands. All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and sales from any other building or structure is hereby prohibited. Temporary stands shall be subject to the following provisions: c A. No fireworks stand shall be located within twenty-five feet of any other building nor within one hundred feet of any gasoline pump. B. Fireworks stands need not comply with the provisions of the building code of the City; provided, however. that all stands shall be erected under the supervision of the Superintendent of the Department of Building and Safety, who shall require that stands be constructed in a manner that will reasonably insure the safety of attendants and patrons. C. No stand shall have a floor area in excess of three hundred square feet. D. Each stand in excess of twenty-four feet in length must have at least two exits; and each stand in excess of forty feet in length must have at least three exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed twenty-four feet. E. Each stand shall be provided with two two-and-one half-gallon soda-and-acid or water pressure type fire extinguishers. underwriter approved, in good working order and easily accessible for use in case of fire. l [Rev. July 22, 1996] 8-72 F No stand shall be located and no fireworks shall he sold or discharged along or north of 40th Street. (Ord. 2684 ~ 7, 1966.) 8.60.080 General requirements for licensees. A. All weeds and combustible material shall be cleared from the location of the stand including a distance of at least twenty feet surrounding the stand. B. "No Smoking" signs shall be prominently displayed on the fire-works stand. C. Each stand must have an adult in attendance and in charge thereof while fireworks are stored therein. Sleeping or remaining in the stand after close of business each day is forbidden. D. The sale of fireworks shall not begin before twelve noon on the 28th day of June and shall not continue after twelve midnight on the 5th day of July. E. All unsold stock and accompanying litter shall be removed from the location by five p.m. on the 6th day of July. F. The fireworks stand shall be removed from the temporary location by twelve noon on the 18th day of July, and all accompanying litter shall be cleared from the location by said time and date. G. Prior to the issuance of a license, each applicant shall file with the City Clerk a cash deposit, certificate of deposit or a surety bond made payable to the City in amount of one hundred dollars to assure compliance with the provisions of this Chapter. Such deposit or certificate shall be refundable upon compliance with the provisions and requirements of this Chapter, including but not limited to the removal of the stand and the cleaning of the site. In the event the licensee does not so comply or remove the stand or clean the site, in the manner required by the superintendent of the Building and Safety Department, the City may do so, or cause the same to be done by other persons, and the reasonable cost thereof shall be a charge against the licensee and his surety and the deposit, certificate or bond. (Ord. 2684 ~6, 1966.) 8.60.090 License tax. The license tax for the selling of fireworks within the City shall be two hundred dollars per year per stand, which fee must be paid at the time application for a stand is filed with the City Clerk's office. (Ord. 2684 ~ 9.1966.) 8.60.100 Temporary sales tax permit required. Organizations licensed for the selling of fireworks are required to obtain a temporary sales tax permit from the San Bernardino office of the State Board of Equalization. (Ord.3684 ~ 10, 1966.) [Rev. July 22, 1996] 8-73 8.60.110 Display of license and sales tax permit The license to sell fireworks and temporary sales tax permit shall be displayed in a prominent place in the fireworks stand. (Ord.2884 ~ 11,1968.) 8.60.120 Permissible locations for discharge. A. The use of fireworks in the City shall be limited to private property except as otherwise provided in this Chapter. No fireworks shall be discharged on public, semipublic or private open areas such as parking lots, vacant properties or in a public street or right-of-way, or in public parks except when specifically permitted for public display, and except those areas approved by the Chief Engineer of the Fire Department. B. No fireworks shall be discharged in the high fire hazard area described in Section 8.63.130 and within the area bounded by Highland Avenue, Del Rosa Avenue, Pacific Street and Perris Hill Drive, commonly known as Perris Hill. C. Notwithstanding subsection B, and for the 1996 season only, fireworks may be discharged in the areas described in subsection B, but only if a permit is issued by the San Bernardino Fire Department pursuant to Health and Safety Code Section 12640(c) and 19 California Code of Regulations Section 982 et. seq. (Ord. MC-966, 4-15-96; Ord. MC-965, 4-1-96; Ord. MC-790, 6-3-91; Ord. MC-788, 6-3-91; Ord. MC-785, 5-20-91.) 8.60.130 Prohibitions of discharge. C. ~ -co.". - . It is unlawful for any person to ignite, explode, project, or otherwise fire or use, any fireworks, or permit the ignition, explosion or projection thereof, upon or over or onto the property of another without his consent, or to ignite, explode, project, or otherwise fire or make use of any fireworks within ten feet of any resident dwelling or other structure used as a place of habitation by human beings. (Ord. 2884 ~ 13, 1968.) 8.60.140 Reference to determination of safe and sane flre-works. Reference is made to provisions of Ordinance 2704 and the Fire Prevention Code, which prohibit and regulate fireworks not defined as safe and sane. (Ord.2884 ~ 14,1968.) 8.60.150 Violation. Penalty. Any person violating any provision of this Chapter is guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code. Further, the license shall be revoked. (Ord. MC~60. 5-13-85; Ord. 2884 ~ 15, 1968.) ( [Rev. July 22, 1996] 8-74 / .....-., "--":;"',:..; ... ~ 4)!Jog ~. ,g"g~ Vgp e~.s .. CO;' '" '" .. r:: 0 00_ .S ,,<>: .!!l i ~\5"'~ &l.s'Ood :8 g :8.0 C"1 'C~ 3~ S-j to -cog.,....: scaO- - ;.;.""'..E"il.. "v~ ~ Iii :!l~ all ",:nl "'ii~e a::cc: ~~ 934.l;'o-o8 !92.:.s::: tU~o...; ...J:lca-= 8'" ",15~"il ",'. :!l_~"'o.e.. 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'"'- 2:;Ti~f U - Q) V;; "~ca;: ~~ OC---: ....0'-"0.... -g g o.'CiollJo C Oo.l~ Q)4.l-g.=- ~e 5~::I9~ t.I_ .:;~ Q,l~~ ....:9 Ccc. CO E'i);'" g8~ ~5~E ,"' .c'-= -e -"" O<e ~ C'" "'- 1:0 "'- 0.," "" ",-0 ." ~.o 'fl C 0.0 .9 "m ..... ~ C,;C,.l"'C "'C--;:::.c:: - - ..... C E :-' ,:::l <l.i 0 .c C - U;.::::J 0 ':. ctl .- .- "'O>)ut:: o..~,ct$ _ - "" - ~ ~~~15~ =..::: .,.... '- 0 .~ou: ... .- CITY OF SAN BERNARDINO FIRE DEPARTMENT INTEROFFICE MEMORANDUM MEMO NO. To: Larry Pitzer, Fire Chief From: E. Guy Burdick, Fire Marshal Subject: Fireworks Date: July 22, 1997 . For a period of seven days each year, from Noon June 28 until Noon July 5, the City of San Bernardino permits the sale of and authorizes the public use of "Safe and Sane" fireworks. The sales of "Safe and Sane" fireworks require substantial advance planning by several departments in the city, including Fire, City Clerk, Planning and Building and Police. From a Fire Department perspective, allowing the sale and use of fireworks devices is contrary to protecting the public from the inherent dangers of fire. All statistics have shown, the probabilities of accidental injury or property damage greatly increase when fireworks are made available for public use. The sale and use of all fireworks is primarily regulated by the Office of the State Fire Marshal through the California Health and Safety Code, California Administrative Code, Title-19 Public Safety. Fireworks are also regulated by San Bernardino City Municipal Code Section 8.60 along with Section 15.16 that adopts the 1994 Uniform Fire Code. There are seven cities in San Bernardino County allowing the sale and discharge of "Safe and Sane" fireworks, including the city of San Bernardino. Locally, Colton, Rialto, Fontana and *Grand Terrace. In the high desert it is Victorville and Adelanto. In Riverside County, only two, Indio and Coachella allow sale and discharge of "Safe and Sane" fireworks. The State of California lists 154 Cities, 76 Unincorporated areas and two Fire Districts that are presently open to the sale of "Safe and Sane Fireworks." Of the 154 Cities, only 47 are located in Southern California. Of the 76 Unincorporated areas, 14 are located in Southern California. The two Fire Districts are located in Northern California. Less than one third of the entire list is located in Southern California. Some of the reasons for this ratio of South to North is the fact that the Northern part of the state tends to get more annual rainfall and lower temperatures which inherently deters the ignition of fires. The Northern part of the state also tends to be more rural in population density and have less of a wildland urban interface exposure in the areas of sales and use of fireworks. Problems exist when the general public is allowed to buy and use fireworks. These problems are identified as public education and acceptance of responsibility for the use of fireworks. In general, there is a persistent attitude of apathy and lack of desire to learn safe handling rules and local regulations concerning fireworks use. Another problem is one of recognition and differentiation of safe and sane versus illegal types of fireworks. It is difficult for experienced fire and police officers to distinguish between the legal and illegal, even with years of training. The public is very confused as to types of safe fireworks and as to which locations are approved and safe to discharge. If the sales and use-of "Safe and Sane" fireworks were banned in the City of San Bernardino, the work load would be substantially reduced for the administrative staff of each department involved in the annual fireworks sales. The field enforcement issue becomes simplified since all fireworks would be illegal. The public information message would be easier to deliver being a simple statement that all fireworks are illegal in the City of San Bernardino. It is expected that there would not be an immediate reduction of on duty patrols or calls for service on the Fourth of July. Mainly, because of the usual availability and influx of illegal fireworks along with the factor of some surrounding area cities still selling "Safe and Sane" fireworks that could be brought back into this city for discharge. One negative effect of banning the sale of fireworks is the fund raising aspect would be impacted. There are several non-profit and community based groups that rely on the annual sale of fireworks to raise funds for their operations. These groups would have to revert to other methods of fund raising or devise alternative sources. It is my recommendation that we ban the sale and use of any fireworks devices in the City of San Bernardino. This will allow us to utilize our resources to better control the use of illegal fireworks; thereby, being more able to prevent occurrences such as the "Hemlock Fire." The trade off of not allowing groups to use this method to raise funds for a higher degree of public safety would appear to be quite logical. *Grand Terrace is in the process of reviewing whether or not to allow the sale and discharge of "Safe and Sane" fireworks in 1998. C I T Y o F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM CITY CLERK'S OFFICE DATE: August 4, 1997 TO: Mayor and Common Council FROM: Rachel Clark, City Clerk SUBJECT: FIREWORKS VENDORS - AGENDA ITEM NO. 20 COPIES: ------------------------------------------------------------------ There were 35 fireworks vendors in 1997. same number of stands that have been in years. These are basically the the city for a number of Attached is a list of the organizations which have had stands. ~ /::;k~ City Clerk RGC: leh p- t/~f>J7 ~c2D FIREWORKS VENDORS 1997 There were 35 stands in 1997. This is the same number of stands that have been in the City for a number of years. Abundant Life Ministries American Legion Post #14 AYSO #130 Chancellors Organization CHP Widows & Orphans Copasetic & Prince Hall Del Rosa United Methodist Church Del Rosa Women's Club Faith Temple Apostolic Church First Assembly of God Church Gateway Christian Fellowship Guadalupe Youth League Harmony etc.lSweet Adelines Hispanic Faculty Association Inland Center Kiwanis Inland Service Center for the Deaf Jobs Daughter #33 Joy Christian Fellowship Kiwanis/Knights of Columbus Little League Knights of Pythagoras Little League Post 777 Lugonia Parlor Natives Daughters of the Golden West Mexicali Sister Cities Parents United R E Porterfield Little League S B County Raider. Booster Club S B Junior Women's Club S B Police Wives Auxiliary S B Pony/Colt League San Bernardino H S Athletics San Gorgonio H S Band Boosters Tachikawa Sister City The Gathering Place Victory Outreach Warner Hodgdon Little League 0~(01, 9; 16:~6 'a916 H3 5065 REVELL eOJm I4I 001' 03; '-----, PLEASE OELIVER ASAP FAX REVELL COMMCNICATIONS r ORIGkVAL put;JJ,,: HI:LQlmns ,s. l'lltljl~. flfl(JU'~ Vale Aug\lS~ Number of Pages 1 37 1997 TO: The Honorable Tom Minor Mayor, City of San Bernadino FROM: Dennis C. Revell FAX NUMBER: 909/384-5158 .:1 please deliver to Mayor Minor and Councilmembers: Edward Negrete, F.J. Curlin M.D., Rita Arias, David Oberhelman, Jerry Devlin, Betty Dean Anderson and Norine 1<liller. Thank You The information in thif; faceimile .. ~nfldl8lntfal .nd. .Ieo cOft'blina prMlogecl infonnation or work prgduct. The information i$ inwnded only for 'the ue8 of tho individual or entity 'Co whom it .. ..d....ed. If you .re not the Intended recipieh't or the el1\ployee or _,ont reeponeible to cleliu_ it to the jfttanded recipient. you .r. hereby notified 'that any use, dlc.emination. dlstribudon or COpying of 1hle communic8tion .. 81ric1ly prohlbiCed. &f you have receWod Ute facsimile in error. plea&e immediatBly no1ify ue hy telephDnc. _nd reMn the vriginal facaimilc .. U8 at the addr... listed betow via 1he U.s. Pg:s.ial Servlc.. """,nk you. . ! III t liueet . Suite ~OI.~ . Silt;t-.Imento. Caljfl~rRi1 95.814.3926 . Phor.e ?l6i4.iS.H!l6 . FAX:nS/<143.506-; 200(1 L :beec l".W.. S'.lirt" :WO.. WloI.....hiI1gU)Q', DC 20036.4997. Phone; 1Q1I7:15.S2-lC. F..\X 2Ul:'6~9.~-:'~8 ;;120 rfl? 0,~"01i9i 16:-16 '6'916 -I-I~ 5065 REYELL co~m I4i002"0~i ! REVELL I CO}D1UNICA'f10~S I .......-....... ' ---......_.......,'~. ;.':.I),~~. ;~"!,;::.,I:" " 1'1./)/.c .-ljJ.;!" August 1, 1997 The Honorable Tom Minor Mayor City of San Bernardino 300 North D Street San Bernardino, CA 92418 via Facsimile Our Client: American Promotional Events, Inc. (formerly known as American West Marketing and Freedom Fireworks) SUBJECT: CITY COUNCIL AGENCY ITEM #20: Mayor Minor's Request for Council Action to Ban Sale and Discharge for State- Approved Fireworks within the City of San Bernardino Meeting Date: Monday, August 4,1997 Dear Mayor Minor: As your city reccrds will reflect, Revell Conununications has been assisting American Promotion Events, Inc., the State's leading wholesale distributor of State Fire Marshal-approved fireworks (Red Devil, Freedom, Monster, and Patriot brand names) with their conununity liaison activities as well as with the development and implementation of both local and statewide Fireworks Safety and Education Programs. We also attempt to accurately monitor events during each fireworks season and as part of that effort examine and determine what types of fireworks devices. both state-approved and illegal, cause the problems each year. This is accomplished via public records requests (via the California Public Records Act) to all of the major fire department and districts throughout the state. This information is then cross- checked against the data that those same departments file with the State Fire Marshal, as required by law, in order to arrive at our assessments. By virtue of a call from a reporter for the San Bernardino SUIl, our client learned late yesterday of your "Request for Council Action" dated July 24, 1997. which has Ix.-en scheduled to be heard sometime on Monday, August 4 as Agenda Item 20. Our client requested a copy of the staffreport for this agenda item and your city staff promptly and graciously responded by faxing it to them. -..-.-..........-- ,., OS"01"9i 16:H '6'916 .J.J3 5065 RHELL cO)m 1iiI003"03i RHELL Cml~jlJNlC:\TIONS Pl4hllc Kdatlf!~~Ji .;;. Pub!;,' A//uJ1"> Mayor Minor August 1, 1997 Page 2 Our client has requested that we provide you and all members of the City Council with some additional information which we believe will aid you in your deliberation of this agenda item. They have also requested us to clarity, correct and/or shed additional light on certain factual representations made in thc staff reports on this agenda item. While I ....ill be attending Monday's City Council meeting on behalf of our client, I wanted to put this information befure you in a more fonnal, written fashion in the hopes that you would have the chance to review it prior to this agenda item being heard. I apologi2'C for having to fax this long document to you and request that you review it prior to Monday's hearing, but only having learned of this matter this morning, this was the only option available to me. From the article which appeared in this morning's San Bernardino Sun, it would appear that the impetus for your request that the Council ban the sale and use of state-approved fireworks ....ithin the City of San Bernadino is a legitimate desire to prevent wildfires like the Hemlock blaze, which burned 3,750 acres and resulted in the tragie and unfortunate death of a helicopter pilot. While we share your concern, the cause of the Hemlock fire was not state-approved fireworks nor are state-approved fireworks the problem in San Bernardino or elsewhere in Califurnia. As California State Fire Marshal Ronny Coleman was quoted in press interviews this Fourth of July as stating. '''The most-up-to-date fire statistics from the California State Fire Marshal show that illegal fireworks are responsible for at least 92% of all fireworks-related fire losses in California...illegal fireworks still remain Public Enemy #1 one for the fire selVicc," (See Exhibit A attached hereto.) Since entering the C.alifornia market eight years ago and establishing their headquarters in Southern California, our client has made significant strides to improve the safety of the overall state-approved fireworks environment in California. Recently you were sent a summary of the first seven years of the Statewide Fireworks Safety and Education Program that our client initiated and which is coordinated between the fire service, our client and the almost 3,000 nonprofit organizations who seIl state-approved fireworks in communities throughout California (please see Exhibit B attached hereto). As the state's leading state-approved fireworks wholesaler, our client has consistently recognized its responsibility to promote consumer awareness and responsible use and enjoyment of its product in the almost 200 communities throughout California that permit their sale and use. For hundreds of thousands of Californians these products are part of an annual and traditional celebration of our nation's independence. However, not only does our client work to ensure that their products are used as they were intended. . . safely. . . as part of a healthy.. . family-oriented Fourth of July celebration; but it has also assumed the enormous responsibility of supporting the fire service in getting the message out about the dangers and risks posed by use of illegal fireworks. Whether its the funding the local Illegal Fireworks Anmesty Programs, such as was done in San Bernardino County in 1996 (please see Exhibit C attached hereto); the funding of a toll-free, We Tip Hotline whereby individuals can report persons that they suspect of trafficking or using dangerous, illegal fireworks; the production and purchasing ofte!evision commercials promoting this toll-free, We Tip Hotline number; the purchase of thousands of :30 time slots on over 26 eable systems throughout California (including San Bernardino's) lOr airing of the State Fire Marshal's :30 television PSA on iIlegal fireworks; or the funding of the massive, labor-intensive State....ide School Safety and Education Program whereby State Fire Marshal's videos and brochures on illegal fireworks are distributed to over 1,000 schools in 220 school 08/01'97 16:~8 '6'916 ~~3 5065 REYELL COlD! 14i00~'037 REVELL (OM.\IC~JCAT10~~ Puhlic.: RI//(4rio..;. ;,;. i'U!"l~' ,Vl"'''.~ Mayor Minor August 1, 1997 Page 3 districts throughout California (see San Bernardino County's totals at Exhibit D attached hereto); our client has distinguished themselves as a partner in safety \\'ith the fire scr,;ce and local communities in their efforts to reduce the use and sale of illegal fireworks. In light of the above we would respectfully request that you and the remainder of the San Bernardino City Council review and consider the following information and analysis that we feel is pertinent ro the decision that is before you. I. ANALYSIS OF COUNCIL AGENDA REPORT A. Analysis of San Bernardino City Fire Statistics As part of our long-term effort on behalf of our elient, we have attempted to accurately monitor events for the last ft""ll to six years during the fireworks season. We have also attempted to accurately define the fire and injury problems associated with the various types of firework devices for the last ten years. We have worked closely with the State Fire Marshal to monitor, review and tabulate statistics as they relate to each individual fire department. While I recognize that you may be familiar with these local, state and natioDal statistics, I would be remiss in my duties ill did not briefly draw them to your attention. According to California state law, as part of the California Fire Incident Reporting System (CFIRS), every local fire official must provide the State Fire Marshal with statistical infonnation on everv tire in their jurisdiction, irresnective of its cause or severity. whether it is a trash can fire or a house fire, and they must estimate the extent of the Drooertv damage and iniuries caused bv each fire. The chart provided in Exhibit A shows the latest statistics for the California State Fire Marshal's CFIRS program for fireworks-related fires. Please note that over 92% of the fire losses each year are attributed to illegal fireworks. As I stated earlier in this correspondence we obtain, via public records requests to all of the major fire departments and districts throughout the State, fireworks-related fire incident reports and then eross-eheck this data against the same departments' files with the State Fire Marshal in order to arrive at our assessments. For your review at I'vc attached at Exhibit E and F a summary of the City of San Bernardino's 1995 and 1996 reports as well as a complete tabulation showing incident nwnber, date of incident, dollar loss, cause, and an assessment of pertinent comments or lack of information reflected on the each individual incident report. You will note that out of a total of 32 incidents in 1995 and 1996, only one of those was attributed to state-approved fireworks and there was no dollar loss sustained by this incident. I anl unable to provide you V.1th information for 1997 in that while we requested these saIlle records for this year via our certified lener to the fire department dated July 17, 1997 08..'01,'97 16:H Mayor Minor August I, 1997 Page 4 '5'916 H3 5065 141005,'037 REYELL CO)lJ[ REvm comll N;C.ITIO\~ p~hlu 1.'..{IJ:l('t:.:;....~ #':l>)t!r ,l/lllll'S (which the fire department acknowledged reoeipt of on July 21, 1997), we have vet to receive any reports from the fire department, B. Statements Regarding the Effectiveness andlor Impact of an Ordinance Banning the Sale of State-Approved Fireworks . "If we ban fireworks outright, calls for service will increase." Cities have found that banning state-approved fireworks will do nothing to aid a community's efforts to deal with its illegal fireworks problem. In fact, statistics show that it will get worse. Since the fire department has chosen to use Orange County as an CKample, let's take a look at their statistics. Orange County Fire Department's (OCFD) own fireworks statistics show that OCFD's contract cities and the unincorporated area of Orange County sustained more dollar loss from illegal fireworks in 1993 (approximately $264,000) and in 1992 (over $150,000) then the same jurisdiction did in 1986 ($97,885). This is despite the fact that in 1993 and 1992 only four cities in Orange County permitted the sale and use of state-approved fireworks whereas in 1986, the majority, if not all, of OCFD's jurisdiction permitted the sale and use of state-approved fireworks. In addition, I respectfully point out that in 1988 there were more illegal fireworks~aused fires in OCFD's jurisdiction then in 1986 despite the fact that OCFD had succeeded in closing ten cities within Orange Country ",~thin that same 2-year period. Contrary to what your staff reports suggest, there are currently five cities in Orange County that permit the sale and use of state- approved fireworks. In addition, one of the cities that most recently banned, Westminster, is contemplating reopening the city to the sale and use of state-approved fireworks for many of the reasons cited above. As was reported by both Knight Ridder Newspapers (see Exhibit G) and the San Bernardino Sun, injury estimates provided every year by the Consumer Products Safety Commission (CPSC) show that the injury rate is three times higher in states that do not permit any type of firework. While only 20% of the hospitals participating in the CPSC's study are located in "closed" states (states which do not permit any type of firework), since 1990, these hospitals have reported more than 40% of the total annual fireworks-related injuries. The data collected in 1995, the most recent available from CPSC, indicates that "closed" states account for 41 % of the reported fireworks-related injuries. Therefore, yes calls for service will increase! The cost to the City of San Bernardino for both police and fire service will increase and that will be due in large part to, an increased use of illegal fireworks. It is also reasonable to assume that given the City's long history of pennitting the sale and use of state-approved fireworks, that many of its residents ",;11 continue to use these safe products as well. I j 08'01'97 16:~9 Mayor l'Yfinor August I, 1997 Page 5 '5'916 H3 5065 REVELL cmm 141006"037 REYEll CO;\iMLNIu,nONS Pllbr:~' Rlflalimu 0. Pub/II.: .V)u.m . "There is an inherent problem when the general public is allowed to boy fireworks. It has been demonstrated that there is only a modicum of desire to learll the safe handling of this product and little or no concern for the local reeulations governing of fireworks." Since no statistical or even anecdotal evidence is used to support this rather broad S'.\'eeping assertion, it is difficult to assess its credibility. Certainly, neither statev.ide fireworks-related fire incident databases nor incident reports of the City of San Bernardino would support this conclusion. However, that is not to say that there is no longer a ueed for continued, if not ever improved, local and statewide safety and education measures. Bcginning in November of 1990 when our client mounted a massive effort to pass new and tougher regulations in California which resulted in the ",ithdrawal of wire-core and wooden-core sparklers through its on-going effort to improve loeal ordinances and establish local safety task forces, American Promotional Events, Inc. remains steadfastly conunitted to make each 4111 of July safer than the last. By virtue of the fact that the fire service has requested that the delivery of our safety and education program be limited to those 200 communities that currently pennit the sale and use of state-approved fireworks, the City of San Bernardino would regrettably no longer benefit from this safety and education effort should it pass an ordinance banning the sale and use of state-approved fireworks, . "Continuing to allow the use of fireworks within the City wiII continue to drain governmental resources and nejiatively impact public safety issues." This statement by the fire depar1ment is in direct contradiction to the one made earlier by the police depar1ment, towit: "If we ban fireworks outright, calls for service will increase" as well as it's own statement later in the report, "Calls for service would not doubt increase under an outright ban." In addition, it fails to recognize certain fee and tax income currently received by the City of San Bernardino as a result of the sale of state-approved fireworks ",ithin its jurisdiction. Currently there are 3 5 nonprofit organizations who operated state-approved fireworks stands in the City of San Bernardino_ In 1996, our client was the wholesale distributor to 30 of these and in 1997 to 28 of these organizations (see Exhibit H), Records from 1996 and our preliminary estimates for 1997 suggest that, not including administrative costs or overhead that may be incurred by individual groups, collectively just those nonprofit organizations served by our client, have raised in excess of $300,000 each year to benefit the youth and needy of your community_ Each organization can speak to the goods and services it provides much more eloquently than I. However, it is important that the City Council understand what they are putting at risk in deciding this issue, Furthermore, our records suggest that most, if not all, of the City's current fireworks- related costs are being underwritten by the tax and fee revenue generated from our i I ____J 08'/01' 9i 16:50 '6'916 H3 5065 REVELL COlnI 1i!J00i'03i RE'>!Ll CO,L\ll~ILITlO~~ P:ihi:.: KcIatLfl1i:; .::. }o'1I.;'/I~ ..11/"'I..;t Mayor Minor August I, 1997 Page 6 client's groups. In bot.'1 1996 and 1997 our estimates suggest that these groups grossed in excess of $700,000 worth of sales. That would result in $7,000 worth of sales tax revenue to the City of San Bernardino. In addition, the City of San Bernardino charges a license fee ($200), a fire inspeetion fee ($178.95), a temporary use pennit ($303) and an electrical pennit fee ($35) for a total fee revenue per group of $116.95. Multiplying that figure times the 35 nonprofit groups in the City of San Bernardino results in fee income to City of $25,093.25 "..ith a grand total income of over $32,000 each year. None of the above takes into consideration the thousands of dollars spent by American Promotional Events, Inc. in the School Safety and Education Program, the Statewide Safety and Education Program nor the local San Bernardino County Illegal Fireworks Amnesty Program. All of these revenues, resources, and more importantly, funding for youth and community programs would vanish if the City Council were to pass the ordinance you have requested. . "Product identification is extremely frustrating. Experienced police officers find it difficult to distinguish between 'Safe & Sane' pyrotechnics and those of that are prohibited." 99.9% of all injuries and fire caused in California by illegal fireworks have been caused by bottle rockets, firecrackers and federally-banned explosives such as M-80's, M-IOO's etc. In addition to the filet that they fail to bear the State Fire Marshal Seal, everyone knows that bottle rockets shoot up into the air, a firecracker and M-80's explode and state-approved fireworks do neithcr. Furthermore, the State Fire Marshal publishes an aonuallist of all state-approved fireworks items, by the name of the item as it appears on the label, and distributes this list to all fire and police departments throughout the state by the middle of June each year. There is simply no excuse for either the fire service or law enforcement not lalowing whether an item is state- approved or illegal. However, even if there were, the State Fire Marshal provides a 24-hour telephone nwnber that law enforcement or fire service personnel can call to inquire about the legality of an item as well as provides a list of all these items on a Web site. The chart attached hereto at Exhibit I identifies the typical types of state-approved fireworks items. II. "BANNING STATE-APPROVED FIREWORKS WILL NOT SOLVE THE ILLEGAL FrREWORKS PROBLEM" Banning state-approved fireworks will not solve the illegal fireworks problem. If such were the case. areas that are closed to the use of all fireworks. such as Hemlock, would not continue to have problems, let alone havc those problems get worse as the statistics clearly demonstrate. Meanwhile, communities that pennit the sale and use of state-approved fireworks continue to , ......_ . ._ .......J 05'01'97 16:51 '5'916 -l~.3 5065 REVELL CO~DI 141008'037 REVELL COmWMCITIONS l'fwlt.: 1,'~'I,:tU)n$ l.: }J1.lIll(: .l.flt.it'; Mayor Minor August 1, 1997 Page 7 have improving conditions each 4th of July. For example, in 1996 in the 27 cities within the Los Angeles County Fire Departments original and contract jurisdiction which permit the sale and use of state-approved fireY<'Orks, there was only one incident (City of Huntington Park) involving state-approved fireworks which resulted in any damage ($150). While we ",ill not be satisfied until that number is zero, this is clearly a record to be proud of It is often hard to identify the problem(s). It is even harder sometimes to identify the solution(s) to that problem(s). There is no one answer to the illegal fireworks problem. Clearly the local and statewide Safety and Education Programs, the PSA's, the efforts of the fire service and the media are having an impact on the situation. While the problems associated with illegal fireworks arc increasing for the most part in communities that are closed to the sale of state-approved fireworks, most cities that pennit state-approved fireworks were both injury and fire free this year. Preliminary estimates suggcst that 1997 may prove to be one of the safest years within those 200 communities. To suggest that a safety and education program is the only answer is incorrect. It is only a piece of the puule. Our client and the State Fire Marshal are constantly striving to find new and innovative ways in each community. As part of that process we would like to work .....jth the City of San Bernardino, the City Council, the City Fire Department, the City Police Department and the 3S nonprofit organi2ations to establish a city Safety Task Force to identify new ways to meet these concerns within the City of San Bernardino and develop an enhanced coordinated effort to make each and every 4th of July safer and help to ensure that your and our concern about wildland fires never materialize again. Very truly yours, veil President/CEO , cc: Councihnember Edward Negrete Councilmember FJ. Curlin, M.D. Councilmember Rita Arias Councilmember David Oberhehnan Councihnember Jerry Devlin Councilmember Betty Dean Anderson Councilrnember Norine Miller I .._. ..._________-1 08,' 01,' 9i 16:52 '5'916 U3 5065 e G.l .... l'I.l Z >. rJ'.l 0 .. - .. <I: bll i:I:l _ '" -= -( e..;j l'I.l l:: ~ - :a a., .- IZl .e= .... ~ <I: a., > .. 0 0.= ~ 0 Q C'I .. .. =- - = = G.l G.l ;:;l ~ .. .; =:i ~ I,Q ..... a., .... 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"CO 'i! ~ ... .. ~ c.. e o ... ... ~ S .. .Cl ... .. .. "Cl .!l 't:l .rtl .. -;; ... .... ~ ... ~ '" J:! - 'ii -5 .. '" o :! i!: ~ o ..a .. .. -5 .. oS .rtl ;!:: 0&.'01.'97 16:53 '6'916 .J.J3 5065 REYELL COlm 141012.'037 Exhibit F3 CALIFORNIA FIREWORKS SAFETY & EDUCATION PROGRAM 08/01/97 16:53 '5'916 ~~3 5065 REYELL COlm 141013/037 CALIFORNIA FIREWORKS SAFET'I t EDUCATION PROGRAM Over the years, a number of individual fire departlnents, the Office of the State Fire Marshal (SFM), and elements within the fireworks industry have sponsored or participated in the production of public safety messages about illegal and/or state-approved fireworks. However, prior to 1991 most of these efforts had not been distinguished by a great deal of cooperation and coordination between the fireworks industry, the non-profit organizations and charities who sell state-approved fireworks, and. all the various levels of the fire protection and prevention communities. On November 7,1990, American West Marketing and Freedom Fireworks, both now known as American Promotional Events, Inc., appeared before the State Board of Fire ServicesL and proposed an aggressive, coordinated effort between the fire service, the fireworks industry and the non-profit organizations. Pursuant to a unanimous resolution by the Board, the proposal was referred to as the SF:'v1's Public Education Advisory Committee (PEAC) to study the issue and report back. After discussing the scope, direction and limits of a statewide safety and education effort with numerous fire protection and prevention officers throughout the State, PEAC suggested that the program be limited to the following four goals: 1. The proper and responsible use of state-approved Fireworks; 2. How to identify legal Fireworks; 3. The hazarc/s of illegal fireworks; and 4. The use or possession of illegal fireworks is illegal and may result in a criminal citation or arrest, including a felony. PEAC further recommended that delivery of this program be limited to those 200 communities that currently permit the sale and use of state-approved fireworks. At the February 6, 1991 quarterly meeting, the Board adopted PEAC's recommendation unanimously. 1997 marks the seventh year of this highly successful, cooperative. program. From its initial public service announcements (PSA's) featuring former President Ronald Reagan; to its PSA's featuring television personality Ron Masak; to its Illegal Fireworks Amnesty Program; to its "Dangerous Games" video; and, most recently, its "4th of July Fireworks Safety Web Site," this program has received wide acclaim from school districts, the media, the fire service, City CQuncils, Boards of Supervisors and the Governor for the successful impact it has had on 4th of July safety. L I An. ad'ljrory bQ;lrd to the ('...J.lifornia Scare: Fire Marshal th3.tmetts qll<ll't.;rl)' .md provides;1 statc: level lorum foe iH"l<1resStng firt p(Qt~ri(\nl prc-vention LSSl,leS of sr.1tc:widc: concern. Its membership is C(Jmpo~ of represel1t:1tivC$ of [t)Caland county go\'ern.menr, fire service, ["001' .md maill1g~mcnt organintions, California Dcp3.rtm~t of Forest!'), Oftl" of Emergency Services and tht' ln$UI'.u\~e jfldo$tl'Y. 08'.'01/9i 18:5. '6'918 ..3 5085 REVELL cmOl 1i1I01.j/03i PROGRAM AGAINST ILLEGAL FIREWORKS The Office of t~e State Fire Marohal (SFM) was established in state governmcnt to foster, develop and promote ways and means of protecting Hfe and property against fire~ panic and explosion. California law grants the 5fM primar~'l and in mo~[ instances exclusive, responsibility and jurisdiction for administering the laws governing tlreworks as well as directs the SFM ,., .dopt and enforce regulations govcrning the use, sale, storage and transportation of thesc fircworks in California. In 1997, the SFM will be offering the following safcty and education materials on ilIcgal tlreworks: Printed Material Ii ~:=::s. ..~_. B=-- ~-. :~'.~~;~:~ ,'I''''f''::':; 0;' -<- '..,: '- ;:.;:' ~ Illegal Fireworks Brochure "Dangerous Games - THE PREVENTOR Talks to You about the Dangers o(Illegal Fireworks" This illegal fireworks hrochure outlines thc dangers and safety risks poscd by the uSe of illegal fireworks. It al.o provides some sound advice to parentS about how they should talk to their children about illegal fireworks and the emotional, criminal and financial consequences that they and their children might have to face if they fail to take the time or make the effort. The back panel of this brochure has illustrarions and descriptions of the more commonly found dangerous, illegal firework items_ This portion of the brochure was designed so that it could be used by police and fire deparonenrs as well as teachers and parents to help them identify illegal fireworks. This brochure can be used bv teachers as a classroom teaching aid when showing the award-winning, short S\.l bject video, MDangerous Games." In 1996, oyer one million brochures were distributed to students at over 1,000 schools in 220 school districts throughout California. Illegal Fireworks Poster "THE PREVENTOR Sa)'s - 'Stay Away from Illegal Fireworks'" This full-.izeiS" x 24" postet featuring the PREVEl'oiiOR provides a compelling waming abotlt illegal fireworks. video Material '"." ~ -. - ( ~ .. THE fBEVENTOR " .-' , -. ~ -::- ~,;~ Television PSA "Illegal Fireworks" featuring THE PREVENTOR In an effol"t [0 more directly target children atl.d preteen audiences with a cap.~ivaril1g message designed to educate them on the dallgers alld safety risks posed by megal fireworks, the Sf.;.l designed a 30.sec(",d PSA which urges kids to do their part to protect their community by nOt usi-ng dangerous, illegal fireworks. Standing in front of a fully-engulfed home which was set atlre by bottle rockets, THE PREVENTOR declares, "Ever)" year hundreds of people see theit dreams go up io smoke as a rcsult of illegal bottle rockers." Then, while holding a handful of the dangerous, illegal irems in front of his "Dart" VaJar-like" helmet, he drives home the point that when these items shooe in the air you do not know where they will land, li:v1aybe 011 someonc's roof." As h~ [urns and points to the fire he states, .IThat's what happened here." Thi; 30-seco~d PSA is distributed to 45 network-affiliated and indepcndent television statioos th1'oughout California. In addition, Americat'l Pl"omotional Events, Inc.. p1,.1('cnases additional "paid" spOtS on over 26 cable svstems throughout California for a 7 to 14 day period surrounding tbe 4th of July. Safety and Education Video on Illegal Fireworks "Dangerous Games" ThIS i-minutc, short subject, safetr video featuring THE PREVEl'TOR was developed and produced in coniunctino with the Gteater Sacramento Area Fireworks Safet)' Task Force, a saftey coalition composed of representatives of local goverr'lmet'lt) the fife service1 non-profit organizacionsl the media and the state-approved fireworks industry. In 1996, VHS copies of the video were dimibuted to over 1,000 schools in 220 school districts throughout California as well as being broadcast on numerous local originations, public access and local government cable channels ill Over 200 commullitie. for a 2-week period surrounding tile 4th of July. 08..01.9; 16:55 '6'916 H3 5065 141015/03; REVELL eOJ!)! PROGRAM ON RESPONSIBLE USE OF STATE-APPROVED FIREWORKS Con,i"enr with the request made by the fire sen'iee and PEAC, the Office of the State Fire Marshal (SFMI has prodvced Or assisted with the production of several printed and video items whkh encourage state-approved fireworks consumers [0 be responsible and safe in theit use and enjoyment of these products. In 1997, the SF!\.f will be offering the following safety and edveation materials on stare-approved fireworks: Printed Material 11II '~""='" .,.-- . . Safety Brochure "Celebrate Safely" (Bilingual: English/Spanish) This bilingval safet)' brochure featvring THE PREVEr-.'TOR is designed to promore consumer awareness and responsible us<: and enjoyment of these products approved and tesred by the State Fire Marshal. Distribution of rhis brochure is limited to the almost 200 communities throughout California that permit the .ale and use of state- approved fireworks every 4th of July. The brochure urges thar these products be uscd as they Wete intended... safely... as pan: of a healthy... family-oriented 4rh of July celebranon. In 1996, over one million brochures were distributed to students at over 1,000 schools in 220 school districts tb.toughout California. Trading Card "The PREVENTOR. - Put Safety First on the 4th" This fulJ..color, safety trading card features a commanding picture of THE PREVEr-.'TOR on thefront.ltserves as a nice pocket-si.. remindcr of all the saf.ty tips that should be followed when celebrating safely and responsibly with state-approvcd fireworks. Safety tips, the SFM seal and other key information arc prinred on rhe back side of thc trading card. This card is available for school and community distriburion. Video Material , 1fijN" r..~~,....., - "f.~lc'~ ._....J.....'~ -'- "" -.., I "'!'l ... , . ~~~ ,':;;~; .",l'''.~?r~=:J . A'"~\'~<!~uc 100'- ."""rU;fE~,~. :J;''''J.;''<})::1f''~ .'I"-JfI~ldt-"<:'. uf=I("),~t\ Television PSA "State-Approved Fireworks" featuring Ms. Maureen Reagan This 30-second PSA encourages proper, safe and responsible use of state-approved fireworks. American Promotional E.vents purchases upaid" SpOtS onc3blc systems in "open" communities for 7 [014 days surrounding the 4th of July. Thousands of rhese SpOts arc broadcast by over 26 cable systems rhroughout California reaching ovcr 200 ciries, over 1.9 million homcs with a potential of over 5 million viewers. This PSA will be broadcast on C~'N, rvrrv, VH- t, ESP"", ThT, Nickelodeon, the Discoyery Channel, USA, Headline News and Lifetime. Safety and Education Video "Celebrate Safely" This short 8-minute safetY video suggests some common sense precautions and safety measures p~rents and rhell' children ,hould follow when using state-approved fireworks. In addition to its distribution to oycr 1,000 schools in over 200 school disrricr.,<:;, this video is fun on public access. local origination and [ocal government channels on over 26 cable systems throughout California for a 2 week period Ie. ding up ro the 4th of July. Q8/01/97 16:56 '5'916 H3 5065 REVELL COlnl I4J 016 / 037 INTERNET WEB SITE "California 4th of July Fireworks Safety" . . . http://www.Rreworks-safety.com In 1996, the SFM and American Promotional Events took the 4th of July Fireworks Safety and Education Program into cyberspace with a World Wide Web site entitled, "California 4th of July Fireworks Safety." This Web site presented a new and effective vehicle to reach out and educate people about the dangers and safety risks posed by the use of illegal fireworks as well as to promote consumer awareness and responsible use of state-approved fireworks. By definition, Web sites are otten one-sided and sanitized, extolling the purveyor's virtues and memioning none of its shortcomings. However, this Web site is the exception. In addition to all of the information a visitor to the Web site would expect - this Web site is packed full of data, statistics, laws and regulations and injury and fire statistics - on borh illegal and state- approved fireworks. Young browsers are treated to "THE PREVENTOR's 4th of July Safety Guide for Kids" with tons of information, video clips, and streaming audio. In 1997, all sorts of interactive programs, contests, quizzes and games will be added. This year the Web site will feature an improved "4th of July Safety Teacher's Guide." While this and many of the 1997 components are still under construction, the Teacher's Guide promises to be an easy-to-follow, step.by-step curriculum complete with background information, overview, teaching aids, suggested reinforcement activities and a lesson plan. Users can download the safety videos that the SFM is distributing in VHS cassette form. HOW CAN I GET INVOLVED? I am a Fire Prevention Officet and would like to become involved in California's Fireworks Safery and Education Progtam. Homo Ail Dtr.ortmclll/izaxr IIIiIill!IUilr1lS1 tildlGltUlP Ttlo~h~nl .. {.~ My specific prevention/prorection responsibilities fOt my departmenr are; Please fax or mail to: :vis. Ellie Shelton. Deputy State fire Matshal Office of the State Fire Marshal 7171 Bowling Drive. Suite 600 Sactamento CA 95823 Fax: (916) 262-1912 I am a school teacher/official and would like my schoolldistrict to be involved in California's Fire- works Safety and Education Program. .... fit~ QepOl1lllld/Ag~"" 1lIciIiIo~ .o\dsirll5S Gty,SIGII&lIP Te!ef:!OM '0 E-'W I teach My school is in session from lla.~"orl.;",ol,"Gft~\IIICI.$lllIllfllIrWt,,*,J Pleasc fax Ot mail to: Revell Comml,Jnic:ttion~ 1121 L Strcet. Suite 806 Sactamento CA 95814 Fax: (916) 443.5065 0$/01'9i 16:5i '5'916 H3 5065 REYELL COlHl 14I018/03i ,- REVELL CO,\I;tt.'~ICATlO~S Exhibit C "J,',i;/ .~':.:";,, .", ,'. /"JIII" III<II!'" D.,e, Friday, June 28, 1996 News Release E'or, San Bernardino County Fire Department Conuel' REVELL COMMUNICATIONS Mr. Dennis C. Revell (916) 443-3816 (800) 263-2486 - 24 hour-pager San Bernardino County Fire Department Inspector Panni Overstreet-Murphy (9091 387.5372 EMBARGOED FOR RELEASE UNTIL 11 :00 AM FRIDAY JUNE 28, 1996 SAN BERNARDINO RESIDENTS OFFERED AMNESTY TO TURN IN ILLEGAL FIREWORKS AND SOME EXPLOSIVES SAN BERNARDINO COUNTY - The San Bernardino County Fire Department is giving residents a chance to rid themselves of illegal fireworks without fear of arrast. In response to a successful program that was developed in Sacramento in 1994, the San Bernardino County Fire Department, with the full support of the California State Fire Marshal, is inviting people to bring their bottle rockets, M. 80's, cherry bombs, firecrackers and other illegal fireworks to designated fire stations for destruction according to San Bernardino County Fire Department Inspector Penni Overstreet-Murphy. "In 1994, Sacramento had well over 3/4 of a ton of illegal fireworks turned in. As a result they went from $70,000 worth of loss in 1993 caused by illegal fireworks to no fire damage in 1994," stated San Bernardino County Fire Marshal John Roberts. "Their Illegal Fireworks Amnesty Program was such a success both in 1994 and again iast year, we thought we should try it here in the San Bernardino County," remarked Fire Marshal Roberts. Just like Sacramento, under this eight.day program residents are being asked to deliver their illegal fireworks to 5 county fire stations without fear of being prosecuted. Local fire officials, the ... MORE ... L 1121 1. ,)',r<<.:f:t . S:,i:( Jott)(l . S..\r,~;'~t'I'I(.', LJif\lmia 'l%I+.;'J:r, . fJltnllC' ,):,,;i.'i'i.';',l:o{l(~ . t:J\X (ll~J.l'iJ-'i06) 2ilC'" 1. Stft;'~t :-,<."\1:' . :->1.11:'" :;,;~. \V".\~hlJ1J'1"11, n,c, :'.O();,(' ',,,'.J-. PlltH1(' ~(l~ "ioi',_,,>I(l. 1','\:<' 2l11Ic.~'I-~7'1'" 08/01/9i 16:5i '5'916 H3 5065 REVELL cmlll I4i 019..03i -2- Office of the State Fire Marshal, local non-profit organizations and charities who sell state-approved fireworks and the state-approved fireworks industry have joined forces to develop and promote this amnesty program which permits anyone possessing these illegal devices to bring them directly to designated fire stations, located in Fontana, Muscoy, Bloomington, Wrightwood or Yucca Valley. As part of this effort, American Promotional Events, Inc., distributors of Red Devil and Freedom fireworks, purchased time on a local radio station IKFRG-95.11 promoting 4th of July fire safety and this Illegal Fireworks Amnesty Program. In addition. the radio station (KFRG-95.1 I, will do two live remote broadcasts at which they will invite listeners to turn in their illegal fireworks at the 5 designated fire stations in exchange for certificates they can redeem at the live remote sites for CD's, free movie passes and other freebies. The first of these live remotes will be held on Monday, July 1, 1996 from 6:00 pm to 8:00 pm at the Cinema Star. 121 E. Alessandro, Riverside. The second live remote will be at the same location on Friday, July 5, 1996 from 6:00 pm to 8:00 pm. The quantity of the premiums is limited and will be given out on a first come, first serve basis. Premiums will only be given out at the live remote broadcast locations. This amnesty program, nicknamed .Operation Clean House,' enjoys the support and cooperation of the San Bernardino County District Attorney office and the sheriff department. Despite the fact that local and statewide safety education efforts have reduced the number of fireworks.related incidents each year, illegal fireworks still remain Public Enemy #1 for the fire service. The most up-to-date fire statistics from the California State Fire Marshal show that illegal fireworks are responsible for at least 92 % of all fireworks-related fire losses in California. --- MORE no 08/01:9i 16:58 '5'916 H3 5065 REYELL COMll 1iiJ020/03i -3- This Amnesty Program only covers illegal fireworks like firecrackers" bottle rockets. helicopters. Roman Candles. shells and mortars. In addition. some federally banned exploding items that are often referred to as "fireworks" but are technically and functionally classified as "explosives" such as: cherry bombs and M-80's are also covered. This Amnesty Program does not cover items such as: pipe bombs. commercial explosives. military ordnance. unidentified chemicals, homemade explosive devices. dynamite, blasting caps. hazardous materials and small arms ammunition. County fire officials suggests that if the amnesty program with its free gifts and premiums isn't enough to encourage people to turn in their illegal fireworks and discourage others from obtaining iIIeQal fireworks. the legal ramifications should be. The possession of dangerous fireworks is a misdemeanor and may be punishable by a fine of up to $1.000 or by imprisonment in the County jail for one year. If you are found to be in possession of a sufficient amount of dangerous, illegal fireworks you may be guilty of a felony and be punished by imprisonment in a state prison or county jail for up to one year andlor a fine of up to $5,000. Parents may be held liable for any fire damages or injuries caused by their children using illegal fireworks. Illegal fireworks can be dropped off at designated San Bernardino County Fire Department Stations (see attached list) between Friday. June 28 and Friday. July 5 between the hours of 8:00 am to 8:00 pm. For further information on the dates. times and locations of the live remote broadcasts as well as information on illegal fireworks amnesty programs being conducted in Northern and Southern California. residents are urged to call 1-888-Safe-4thi1-888-723-3484) or on the Internet at "The California Fireworks Safety Web Site" at http://www.Fireworks-Safety.com ### 0~.'01i9i 16:59 '5'916 .J.l.1 5065 REYELL cmOl I4i 021.'03i SAN BERNARDINO COUNTY ILLEGAL FIREWORKS AMNESTY DROP SITES June 28 to July 5, 1996 8:00 am - 8:00 pm San Bernardino County - Station #71 16980 Arrow Boulevard Fontana Station #75 2156 Darby Muscoy Station #76 10174 Magnolia Bloomington Station #101 5980 Elm Wrightwood Station #121 57201 Twenty-Nine Palms Highway Yucca Valley r~ 95.1 I(FRG For further information on the dates, times and locations of live remote broadcasts, Call-1-888-SAFE-4TH (1-888-723-3484) 0,8-' 01/9; 1;:00 '5'916 H3 5065 REVELL cmm 141023/03; Exhibit D .. 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I4i 025 ,'03i Exhibit F Summary of 1995 San Bernadino City Firework-Related Incident Reports Collected by the San Bernadino City Fire Department Incident # $PL $CL $TL Acres Burned megal 7 900 0 900 1.2 SA 1 0 0 0 0.2 Unknown 7 500 0 500 1.4 TOTAL 15 $1,400 $0 $1,400 2,8 Page 1 08/01,'97 (;l ~ o c.. ~ .... ~ u ~ ~ fa ~ ...J ~ , ~ ~ ~ ; tI.. 5 e3 ~ ~ o c.. ~ Z o .- .... <: g <: .... '" '" '" 1: '" ... :i: - " .. ... 'u ., - ., ~ ., ~ :!i e " .., .. e;> 5... a " lfl = '-I is ~ ..... >- .;;; .t: 00 :l o .2 - If) '" '" .... 'D' .... ~ .;;; ""' o "'" o .;::: :1) c.. .s .... ..s ... 6 e t: .. Q. '" o '" .... 1>:: >- - 1J Ii! '6 .. E '" ~ '" <<l ~ ... .t: ... >- on "'" ., t) ~ '0 u .. ~ ;0: '-I ~ e "", <", '5 * i=lo .. ...::& '-10 ... ...::& "0 "" U'\ ~ .. - - - ..... 0::1 - c '" .. '" ::!=-:o " &. .a ... !:; 17:01 '6'916 H3 5065 ] '8 .~ 2a o ~ ai ~ .;:: ~ 'il '" ... ~ C> e- ~ ~"ll .~ E: ~.E ~1.l " c ....a Jl l/i " " ..; .~ .~ os Z " ...: '" -3 C> il: ,1:l "" ... .!l " ~ = '" " :. 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'" - Q8/01'97 17:02 REYELL COMM Exhibit F Summary of 1996 San Bernadino City Firework-Related Incident Reports '5'916 H3 5065 Ii1I 028/037 CoUected by the San Bernadino City Fire Department Incident # $PL $CL $TL Ac:res Burned Illegal 5 300 0 300 0.8 SA 0 0 0 0 0 Unknown 12 0 0 0 1.8 TOTAL 17 $300 $0 $300 2.6 Page 1 OS.'Oli9i IZl ~ o ~ E-< ;Z; !Xl 53 u 3 ~ ~ o lXl E-< -< ~ ~ , IZl :::<:: ~ ~ ~ ~ e3 r:n r:n o ~ I>.. o ~ - t- oO( ...l :.J ~ t- 'l:: .. ..0 0- 0- ~~ i ~ "'"l;l .;:S ... .. ~ - l:l .. " .. .9 ~ .~ ~ it ~~ u ' 1 "" ~ .~ c % r-: .2'> ..:: ..c: OIl ] - ..0 0\ '" - ..0- ~ " " :;l ..., 'ci "0 o 'i:: " Il-. " ..: - .... <8 .a .. ~ ~ii: =... "I ~ " '" ~ .. '" ~ - c:: ~ 1:: ~ 0. " o '" .... ~ .0 U o " 'is ~ 5 ~ c:: '" <'J " fi >. .0 "0 " '5 " - "0 u ~ ~ ... <-' ...0 .. .. ~o '" ..l u<> .. .. lI.oO .. "" ~ ..", - N ..- Q"" - " <> .. <:> "',.,<f .~ t"'l .!l c;: - ii: 03 '5'916 H3 5065 '" .J: ~ ]. " ~ ~ .. ~ ~ q;: -= '5; .. ~ 's:. .. is. ~ ~ ,~ a " '" Ei p ~ ~ '" " .... ~ 'S "" .. 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Exhibit G- ~032'037 States with fireworks bans see more injuries " 8y Elsa C, Arnett . ~lgh..Aiade( Nawspatle:fS ~I'~"; Wke b3elo-ard bMbetul;:s and American ji.ags, fireWl--otiU; are a (nt.ditlQnal part Qr the rourth of Jll\.~, But so. too, a.... O",.rg~ClQ' rooll'" with p<.'Ople who have blo.." olT their (jllg..... 0' singed their skin, .~ states ha1lt cracked dO\\1I on lire. works, some have dL.,co"".....d "" ",untended eonsequence; While tho numb.... of It\juri"" h-.s d<:dined, States ..;th the !ll.ricte.t rogula' tioll$ had Uoe ....ost il\jum,;. So Ilow, II few slale$ *'" deciclh~ tlW it's belle. to 1'<1; people play witI1 sp..-l<.l." and other f.alrly hannle5$ amus~IR.I\l>>. so th3.t they won't resort to powenw. iUogal explo. sives such so cherry" bombs or M.80s, "People seem 10 .l\iOY (t~worl<s). ..pc- cbiQ.1h1s time of yeAr. so it they eaJI <10 it wIth small, safe LtemS, thell Ilhinl< they should be allowed fI); said New Harnp<;hin: stal.c Rep. Fireworks ConUnded from Pace One oct:urrfng arou.,d U~ Fcu.rtl\ or July. acr<)rding to lh. U.S, ~tlS1Uner IJ'rod1,lCl S.rOly .Convnlssi.OR. The lluJnbcr of esc.i- mated h\iurie~ dropped rrom 12,900 in 1994, and 11.3(10 In 1995. (TI'c c-om",iS$OlI aUribute. b....l YC3r~s drop {it S(TOl1get "Qgula- lion lnd bad wwtht.'f" in man)l p3ttS of me (."Ollhlry.) St.ttfu'isingly. ,.tatcs banllil'r. all kinds "r t.:onS\lItlCI' nrc..'\Vons h~ld ~. hi~her J\\Irnher nf il\illric5i than 8ru<:.t: Hun.tcr, a Repttulican who l\4~a('~ the state's "'\I'C\\"orks Hevie\\' (;.()nuniUt(', which add.d 43 type. u' Grl'Works 10 ~ list or l"gIll (Ireworks. this vC::t.r. North C.;olina ."d West Virgillia also lege.l~d more types of nr<:wocks 0\'" the pa.'It few yea..., and 1I1<<C w...., attempt.' thl. year in Ohio 10 expand the..... of legal fire' wo.'ks, and in ArizoJ\a fI) pertuit the sal. of any rm:works. hodustty oIr<<:iaL. said they .l<pod III<lre . slales will re<."1)nsider th.1r regulatiON; ~e 81\ onti\glll. ban penalizes \a,,'.abidil,g clthen...-; wlto ",ant aD have a little run. Joluo ConlclUlg, executive di_lOr of the ....m.rican PyroI.c.......l.. tU....,.,iaUon, whlch represents r.....works i\\anufaeturers aile! dis- Uibuto'l'$, said. "'When you hav'e a prohibictuo. you end lIP prewnUng adullS from u:;bIg fi...,. works ..rely. bu1. yoa don't $tOp kids from get- tblg their hands on iU.~ <:l<pl""lves - so ~tC's .hitt pcrmW.(,'d W sale or &wuc t..vpcs or c:on......uner ft~orks. 1n I 99:'J . tht' 10 stales i.h:\t. ball all Orework.-. llt.'''~O\.lnted for aoo\ll on.,.fifth ol tho U.S, population and 4 I . pCi(:':!'I\l of reported Llliarl.,., Rot_II 1990 '0 1994. l[\jul'i(,"s in those ~at.c1i af.'Counted fcu' 1'\:'~r'I)' half of illl reported inj1uh.."S. Juli<! HccklT\:;u'I. who &It\al~'".I:ed the hUtlr)' ~alisU(.1) (or lh~ Am('rh:an 1~'rolcclmh.~$ ,~s{)....taUQI\, satd ('XI)losives tt\ttl arc iII"gal under fe<k'~' la... ~au~d many nr the il\iurlC'.:i. In Nt,'w "CJI"k, f~'r hl~\1\('<:. 4ll ()Cf(:(.'nl fir lh\'" iujur"k-s :delllll~'cl frum II'" fOU gel a lI\\u:h m(u'~ dJ11'1~erollS ~ih'3lioll." Not. everyOno l.~ CQltV'I:\~. MOSl '$1.;tt.t'S h.1\'e SOIl't" 5latewidc nrc....'Qrks tegl,llat60us, Ollly Hawaii and N...~da I...,.. resullllion.; sol<llf 111 the localle\!.l. Tell stl\l<'S, illcludi"l! New Yorie, Mlnllesola, M.....chu.s.IL~ alld Cc.o"p. prohibit the saI. uf all fire",orks to conS'"\\e<5. Six other :;tates, In.ludi,ig l'enn$ylval\ia and Ohlu, ,",verely limn the r..... MJdcs Cor sale, Offi"iaIs In New York, wbich 1l3$ a ....ro- lolermee" polley ror rtr....orl<s. saiel they have no lnlenUon of easing Iheir regula1ion,.. And federnl public safety orrleials credit- ed obie' fell\JIati.OI\$ for th. stoady oocllne I" flreworlcl-rebu!l injotries 0\'" U,e past few yeaIS. In 1996, then were an e&Umated. 1,€-00 fireYr"ork....-neJat~d injuries, about twn.U\ln:Is . See FIREWORKS, Page6~ u~ of til"",1 explosives. Sold in .yr.catchlng pa.kages with names like "V~MIVius FoU,,!aill" and "R1azln& R.b.l." a legal firework ha:.<o a tnaxilnum o( $0 rnUlig~"'" of pyrote.hnie .nalerial (usuall,y lIun!>.",,", "",I !ipeclal c:hemie.l$) Ln ~uch pl'od.. \1(.1.... Il$ :o;p:u'lder.l, fountattv.o UI" bot,- tic rocket.. Uk>gal ol<pl...iv~ - of'cn .olel in th. fOl'm of M.fIOs (a luho tilled ...ith O"plo,""')' eh.rry 1","lb. (a sroaLJ. rouc\d bf..,\h)l Oor.(tlli\lwt. 3t.k:k... (which a.re Uw f:tluiv:alcl\l of a qw\l1.cr-$.Ur.:k or dyNIl11i((~) - Loan h.<ty{' ~ much a 1...0 tint"." the h,~~1 ~\illrtt.'nC l.r P}.I"{~""4.."'tllk .Illidc.'dill. O~'O~, 97 08:~2 'B916 H3 5065 REYELL COlD! 14I03~'037 Exhibit H- City of San Bernardino Nonprofit Organizations 1996 Abundant Life Ministries American Legion Post #14 A YSO Region 130 CHP Widows and Orphans Copasetic and Prince Lodge Del Rosa United Methodist Church Del Rosa Women's Club Faith Temple Apostolic Church First Assembly of God Guadalupe Youth League Harmony Etc.lSweet Adelines Highland Little League Inland Center Kiwanis Jobs Daughters Bethel #33 Joy Harvester Church Jr. Women's Club KiwanislKnigbts of Columbus Little League Knights of Pythagoras Mexicali Sister Cities Native Son/Daughters Goldenwest Parents United Police Wives Auxiliary Pony Colt League Porterfield Little League San Bernardino Raiders Boosters San Gorgonia High Band Boosters T achikawa Sister City The Gathering Place Victory Outreach Wamer Hodgdon Little League 0.8.'0~. 9i 08:~2 '6'916 H3 5065 REYELL eOll)! 14I035'03i City of San Bernardino Nonprofit Organizations 1997 Abundant Life Ministries American Legion Post #14 A YSO Region no CHP Widows and Orphans Del Rosa United Methodist Church Del Rosa Women's Club First Assembly of God Gateway Christian Fellowship Guadalupe Youth League Hannony EtcJSweet Adelines Inland Center Kiwanis Jobs Daughters Bethel #33 Joy Harvester Church Jr. Womell's Club Ki~~~g~sofCclumbusLi~eLeague Knights of Pythagoras Native Son/Daughters Goldenwest Parents United Police Wives Auxiliary Pony Colt League Porterfield Little League San Bernardino High School Athletics San Bemardino Raiders Boosters San Gorgonia High Band Boosters T achikawa Sister City The Gathering Place Victory Outreach Warner Hodgdon Little League 08/04'9i 08:43 '5'916 443 5065 RHELL eOJm 14J03i,'03i Exhibit I TYPES OF STATE-APPROVED FIREWORKS SPINNERS L CONE FOUNTAINS BOX OR TUBE FOUNTAINS -~ .,._...._~:.-"::.:~f(,:. "~\\h. ~ ::~~{';;:q~~~ ;'j 0Y"Qtl'n~i~w ( ~')llH\!ll~J!~ ' , ;';.I\'."",,,-,,:,,,,,,<;\>>, ?f{"" '-":'J_J :'---"<#1$.""'" ~ '%\:". '.';:>;''''. ."-.. " ~'--~'\'li/:/ .': '''"''----. i ""11\\ , ,1. , ~I HAND. HELD ITEMS . . j! NOVELTIES SMOKE ~~, .._,......... ITEMS A