HomeMy WebLinkAboutCommittee Consent #27
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Subject: AN ORDINANCE OF THE
CITY OF SAN BERNARDINO
AMENDING SECTION 8.60.070(P) OF
THE SAN BERNARDINO
MUNICIPAL CODE, ADDING
SECTION 8.60.095 TO THE SAN
BERNARDINO MUNICIPAL CODE,
AND AMENDING SECTIONS
8.60.130(A) AND (C) OF THE SAN
BERNARDINO MUNICIPAL CODE
RELATING TO FIREWORKS.
Dept: CITY ATTORNEY
Date: April 13, 2005
Synopsis of Previous Council Action:
Section 8,60.070(P): Ord. MC-1138, 2-18-03; Ord. MC-460, 5-13-1985; Ord. 2884 96, 1968.
Sections 8.60.130(A) and (C): Ord. MC-1138, 2-18-03; Ord. 2884 913,1968.
Approved by Legislative Review Committee on April 5, 2005.
Recommended motion:
That said ordinance be laid over for final adoption, and authorize the Director of Finance to
amend the FY 04-05 budget as indicated in this staffrep/1 ~ ~
Signa~
Contact person: Michael Reiter
Phone:
5355
Supporting data attached:
Flfl'..'DING REQUIREMENTS:
Staff Report
Amount:
Source:
Ward: All
Approximatelv $130.000
$100.000 from regulatory fee.
Remainder from General Fund
Finance:
Council Notes:
Agenda Item No, v~ 7
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STAFF REPORT
TO:
Mayor and Common Council
FROM:
City Attorney's Office
DATE:
April 13, 2005
AGENDA:
April 18, 2005
RE:
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 8.60.070(P) OF THE SAN BERNARDINO MUNICIPAL CODE,
ADDING SECTION 8.60.095 TO THE SAN BERNARDINO MUNICIPAL
CODE, AND AMENDING SECTIONS 8.60.130(A) AND (C) OF THE SAN
BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
Background
Following the Fourth of July holiday in 2004, the Mayor and Council had discussions
concerning the need to enhance the City's enforcement efforts as they relate to the use of illegal
fireworks in the community, as well as the use of safe and sane fireworks in the prohibited areas.
This issue was referred to the Legislative Review Committee for review, and discussions on this
topic began with the Committee in October 2004.
The Committee requested that staff conduct further research and investigation concerning
the enforcement of fireworks ordinances in the cities of La Puente and Chino, It had been
brought to the Committee's attention that these cities, which permit "safe and sane" fireworks,
had unique ordinances and aggressive enforcement.
Staff in the Police Department, Fire Department, and City Clerk's Office provided
information to the Committee concerning the activities in Chino and La Puente, and possible
application of those models in San Bernardino, along with information concerning the City of
San Bernardino's enforcement efforts and challenges in 2004. A copy of that information
presented to LRC is attached for your reference (Attachment I).
The Committee's work then focused on the possibility of adopting a fee to fund enhanced
enforcement efforts, enacting an administrative fine of $1,000 for the use of illegal fireworks,
and limiting the days of fireworks sale to July 1-4. After some research, the City Attorney's
Office determined that the $1,000 locally-imposed administrative fine is not authorized by state
law. A $1,000 fine may be imposed in a criminal prosecution brought by the District Attorney.
However, a regulatory fee could be imposed to fund enforcement and public education.
At the request of the Committee, a representative group of fireworks booth operators and
fireworks companies met with staff on March 17 to discuss the proposed ordinance changes. The
matter was again discussed by the Committee on March 21, where the fireworks booth operators
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and companies provided additional feedback. On April 5, all the booth operators and companies
were invited to attend the Committee meeting to discuss the proposed ordinance changes.
Approximately 20 representatives attended this meeting, and most expressed their support for the
ordinance. The Committee forwarded the item to the Mayor and Council with a recommendation
for appreval.
After the Legislative Review Committee recommended approval, it was noted that other
parts of the Chapter had inconsistent times for the sale and discharge of fireworks. These are
corrected with the amendments to sections 8.60. I 30(A) and (C) to make the ordinance consistent
throughout
Overview oforooosed changes to the Citv's Fireworks Ordinance
The proposed ordinance includes two key provisions:
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Days of sale and use~ The current ordinance permits fireworks to be sold and used
beginning at 12 noon on June 28 and continuing through midnight on July 4. The new
ordinance will reduce the number of days, allowing sale and use beginning at noon on
July I and continuing through midnight on July 4.
Regulatory fee for enforcement - A regulatory fee of up to 10% will be imposed on booth
operators to fund enforcement and public education. It is expected that this fee will be
passed on to the fireworks customer in a manner similar to the Chino fee.
In advance of fireworks sales, the Mayor and Council will adopt a resolution setting the
fee based upon a study analyzing the anticipated cost for education, awareness and
enforcement After fireworks sales are completed, the City's actual costs will be
compiled, Then each booth operator will be invoiced for its portion of the City's total
actual costs, up to the 10% limit, based on its proportionate share of overall fireworks
sales in the City.
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As discussed in the attached research materials, this new revenue will allow the City to
fund a significant awareness and enforcement effort.
The ordinance calls for the adoption of a resolution setting the regulatory fee based upon
a study of anticipated costs, That resolution will be brought forward at a subsequent Council
meeting.
Financial Imoact:
According to the financial statements submitted by fireworks booth operators, fireworks
sales totaled just over $1 million in 2004. Based on that figure, it is estimated that the regulatory
fee will provide approximately $100,000 in new revenue to fund the new costs associated with
enforcement and education.
The total cost to the City for fireworks enforcement and awareness in 2005 is anticipated
to total more than $130,000; a draft of the fee study indicating that amount is attached. However,
the amount of the fee will be capped at 10% of gross sales.
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The new revenue will be used to offset the following new costs:
Additional Police Department overtime:
Additional Fire Department overtime:
Public education campaign costs:
Total new hard costs:
$ 75,000
10,000
15.000
$100,000
The public education campaign costs will be incurred in the current fiscal year, so the FY
04-05 budget must be amended to reflect this additional expenditure of $15,000. In the FY 05-06
budget, the - Finance Department will include the additional anticipated revenue from the
regulatory fee, as well as the additional cost of Police and Fire overtime that will occur July 1-4.
Recommendation:
1. Lay the ordinance over for final adoption; and
2. Authorize the Director of Finance to amend the FY 04-05 budget as indicated in this staff
report.
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1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
8.60.070(P) OFTHE SAN BERNARDINO MUNICIPAL CODE, ADDING SECTION 8.60.095
3 TO THE SAN BERNARDINO MUNICIPAL CODE, AND AMENDING SECTIONS
1l.60.130(A) AND (C) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
4 FIREWORKS.
5 WHEREAS, the use of dangerous fireworks is increasing in the City of San Bernardino; and
6 WHEREAS, dangerous fireworks can lead to injuries to persons and damage to
7 property; and
8 WHEREAS, the City wishes to reduce the incidence of in juries and damage that result from
9 the use of dangerous fireworks within the City:
10 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
11 BERNARDINO DO ORDAIN AS FOLLOWS:
12 SECTION 1. San Bernardino Municipal Code Section 8,60.070(P) is amended to now read
in its entirety as follows:
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"8.60.070 Operation of temporary fireworks stand.
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The sale of fireworks shall not begin before twelve noon on the 1st day ofJuly
and shall not continue after midnight on the 4th day of July,"
SECTION 2. San Bernardino Municipal Code Section 8.60.095 is added to read as
follows:
P.
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"8.60.095 Regulatory fee for licensee.
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A.
The City shall assess a regulatory fee on all fireworks sales that occur within the City
of San Bernardino. The regulatory fee, based on the gross sales of fireworks, shall be
paid by the licensee. The purpose ofthe regulatory fee is to raise sufficient funds for
the City of San Bernardino to pay for fireworks public education and an awareness
campaign about fireworks, and for enforcing the provisions ofthis Chapter, including
extra personnel time for fire inspection and enforcement duties.
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B.
Prior to imposing the fee, the City shall prepare a study of the anticipated cost for
fireworks education, awareness, and enforcement. After preparing the study, the
Mayor and Common Council shall adopt a Resolution setting the regulatory fee rate
no later than the last meeting prior to the first day of fireworks sales pursuant to
Section 8.60.070(P). The regulatory fee rate shall not exceed ten (10) percent of the
total gross sales of the fireworks sold in the City by licensees during the period set
forth in Section 8.60,070(P).
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c,
The Finance Department, each year, shall determine each licensee's share of the
regulatory fee based on the licensee's fireworks sales financial statements. Each
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
8.60.070(P) OF THE SAN BERNARDINO MUNICIPAL CODE, ADDING SECTION 8.60.095
TO THE SAN BERNARDINO MUNICIPAL CODE, AND AMENDING SECTIONS
8.60.130(A) AND (C) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
FIREWORKS.
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licensee shall provide its fireworks sales financial statements to the City no later than
August 31 st for the period set forth in Section 8.60.070(P). After the Finance
Department receives the financial statements, the Finance Department shall invoice
each licensee for their share of the total annual regulatory fee, Payment of the
regulatory fee by each licensee shall be due to the City thirty (30) days following
issuance of the invoice,
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D.
Failure by any licensee to pay the amount invoiced by the City's Finance Department
shall be cause to disqualify the licensee from obtaining a license to sell fireworks in
the City in the future. In the event that the regulatory fee is not paid by the due date,
it shall be subject to a ten (10) percent penalty for each month or portion of a month
that it is overdue. If not paid by the due date, the amount becomes a debt owed the
City subject to collection by legal process.
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SECTION 3. San Bernardino Municipal Code Section 8.60.130(A) is amended to now read in its
entirety as follows:
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8.60.130 Prohibitions on sale and discharge.
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It is unlawful for any person, organization, group, association, etc., to sell any
fireworks except during the time period specified in Section 8.60.070(P)."
SECTION 4. San Bernardino Municipal Code Section 8.60.] 30(C) is amended to now read in its
entirety as follows:
"A.
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8.60.130 Prohibitions on sale and discharge.
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"C.
It is unlawful for any person, organization, group, association, etc., to ignite, explode,
project, or otherwise fire or use, any fireworks, or permit the ignition, explosion or
projection thereof, except during the period specified in Section 8.60.070(P),"
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\IR tbm [F REITER \lWlicipalOrdinances 8.60.tireworks\'er.60wpd]
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
2 8.60.070(P) OF THE SAN BERNARDINO MUNICIPAL CODE, ADDING SECTION 8.60.095
TO THE SAN BERNARDINO MUNICIPAL CODE, AND AMENDING SECTIONS
8.60.130(A) AND (C) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
FIREWORKS.
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1 HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a meeting thereof, held on the
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The foregoing Ordinance is hereby approved this _ day of ,2005.
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JUDITH V ALLES, Mayor
20 City of San Bernardino
21 Approved as to form
and legal content:
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JAMES F. PENMAN
:: C~];ik!l~
By
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\IR thm fF:.REITER,,~lunicipal OrdinancesS,bO.fireworb.\crl1,(J,wpdj
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CITY OF SAN BERNARD\'NO
CITY ADMINISTRATOR'S OFFICE.
INTEROFFICE MEMORANJ)UM .
TO:
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LegiSlativ~eview Committee
Fred Wils ,~ Administrator
'. \J
Research Regarding Fireworks Issues
FROM:
SUBJECT:
DATE:
October 28, 2004
COPIES:
See distribution
At the Legislative Review Committee meeting of October 5, the Committee requested that staff
conduct further research and investigation concerning the enforcement of fireworks ordinances
in the cities of La Puente and Chino. It had been brought to the Committee's attention that these
cities, which permit "safe and sane" fireworks, had unique ordinances and aggressive
enforcement.
Since that time, staff in the Police Department, Fire Department, and City Clerk's Office have
done further research. The purpose of this memo is to provide a summary of the activities in
Chino and La Puente, and possible application of those models in San Bernardino. A complete
set of supporting documentation is also attached.
City of Chino
The City of Chino made a number of changes to its ordinance in early 2004, resulting in further
limiting the use of "safe and sane" fireworks in that city. Fireworks may only be discharged in
certain residential areas, and cannot be discharged in any zone other than a residential zone, As
a result, fireworks cannot be used in parking lots, shopping centers, or parks. Sales and use are
also limited to July 1 st - 4th, with sales ending at 9:00 p.m. on July 4.
In conjunction with these new restrictions, Chino has also established new administrative fines.
A fine of $1000 is imposed for using or possessing illegal fireworks, and a fine of $500 is
imposed for the use of "safe and sane" fireworks illegally (for example, in prohibited zones). A
10% surcharge on gross sales of "safe and sane" fireworks was also established, primarily to
recover costs related to enforcement, clean-up, and a substantial public education campaign.
Staff from both our Police and Fire Departments have made contact with their counterparts in
Chino, and they have provided memos summarizing their discussions and findings (see
Attachments 5 and 6), The Chino Police Department also provided a copy of its after-action
report (see Attachment 7).
It is noted that the enforcement effort in Chino constituted a major commitment of policing
resources, On the 4th of July, 88 of their Police Department's 100 officers were working in the
enforcement effort, A total of $29,700 was expended for officer overtime, in addition to costs in
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other departments and the nearly $40,000 public education campaign. These costs were funded
through the 10% gross sales surcharge.
It was also noted by representatives from the Chino Valley Fire Authority, which serves both the
cities of Chino and Chino Hills, that the use of illegal fireworks was primarily limited to Chino,
where the "safe and sane" fireworks are permitted. Chino Hills, where fireworks are banned, had
very few incidents of fireworks use. Chino Valley Fire enforcement units were actually diverted
out of Chino Hills to address the calls for service in Chino. Chino Valley Fire officials indicated
their belief that people will travel to cities where fireworks are legal in order to use both legal
and illegal fireworks.
Citv of La Puente
As noted in City Clerk Rachel Clark's memo (Attachment 9), La Puente only permits 4 to 6
fireworks booths per year in a city of 41 ,000. By comparison, Chino permits 28 booths and has
70,000 residents. However, despite its small size and small number of fireworks booths, the City
of La Puente had a significant enforcement program during the period of June 28 through July 4.
It is noted that "safe and sane" fireworks can only be used in La Puente on the 4th of July.
As in Chino, La Puente's enforcement effort was primarily conducted by law enforcement
(Sheriffs deputies) rather than fire department personnel. Information concerning La Puente's
enforcement program is contained in Attachments 1, 5, and 12. The cost of the program was
approximately $20,000 in overtime costs.
Application of these models in San Bernardino
As noted in Captain Klettenberg's memo (Attachment 1), the 4th of July already presents a
significant challenge to our law enforcement resources. Even if a surcharge were imposed on
fireworks booths so that funding were not an issue, the Police Department's ability to field a
dedicated enforcement team would be limited, It is recommended that the Committee have
furthcr discussion concerning this matter.
Distribution:
Mayor Valles
Rachel Clark, City Clerk
Cindy Buechter
Larry Pitzer
Doug Dupree
Garrett Zimmon
Steve Klettenberg
Peggi Hazlett
Lori Sassoon
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Fireworks Reports and Research - Document List!n!!
I. Memo from Capt. Klettenberg, SBPD, re: 2004 4th of July Police Activity
2. Summary report from Fire Marshal Doug Dupree re: 2004 4th of July
3. 'Memo from Fire Marshal Doug Dupree re: additional information on 2004 4th of July
enforcement
4, City of Chino Council agenda item dated April 6, 2004, concerning an amendment to
the ordinance regulating fireworks in the City of Chino
5. Memo from Fire Marshal Doug Dupree re: 4th of July enforcement in the cities of La
Puente and Chino
6. Memo from Auxiliary Resources Coordinator Vince Padilla, SBPD, re: Chino
fireworks ordinance results
7. Memo from Chino Police Department reAth of July 2004 After Action Report, dated
August 5, 2004
8. Chino Police Department Fireworks Enforcement Operations Plan 2004
9. Memo from City Clerk Rachel Clark re:survey of other cities that permit "safe and
sane" fireworks
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10, Chapter 8.90 of the San Bernardino Municipal Code concerning fireworks
II, Fireworks Financial Statements Summary (2004 fireworks booths in the City of San
Bernardino)
12, City of La Puente's 4th of July Operations Plan
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ATTACHMENT #1
City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
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Lori Sassoon, Assistant to the City Administrator
To:
From:
Captain S. Klettenberg
Subject:
2004 4th of July Police Activity
Date:
October 14, 2004
Copies:
During the 4th of July, 2004, the Police Department participated in the following operations:
. The 4th of July parade that culminated in the fireworks display at the 66'ers stadium, This
event required one sergeant and 13 officers to staff. Overall cost $7,161.
. Eight officers and one sergeant were required to manage the Seccombe Lake detail. Overall
cost $3,100.
. On 7-4-04, the Police Department took 34 Part I crime reports. These included one
homicide, five robberies, seven aggravated assaults, four burglaries, eight larceny/thefts, and
nine stolen vehicles.
The homicide occurred at 6:17 p,m. in the 300 block of South Mt. Vernon. The investigation
required a considerable patrol response and resources had to be pulled from other areas in the
city.
On July 5th, at 0058 hours, we had a second homicide at 1119 West Rialto Avenue. There
were multiple victims and a large part of our patrol contingency was dedicated to this call,
. Over the 24-hour period on the 4th of July, the Police Department responded to 1,061 calls
for service, Two hundred and nineteen (219) of these calls involved fireworks. During the
evening hours we were holding between 136 and 188 calls at anyone time. Our average
number of calls for service on a Sunday is generally below 850 calls, We rarely ever hold
over 50 calls for service at anyone time.
I have had the opportunity to review the La Puente plan. The City of La Puente has a population
of 41,200 people. La Puente organized a special fireworks saturation program that spanned a
several day period and involved 25 field personnel and two support personnel. The operation
started on June 28th and ended on July 6th. Between the 28th of June and July 3'd, four deputies
were dedicated each day to do fireworks suppression, On the 4th of July, 12 deputies were
THE SBPD 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
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FIreworks
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dedicated solely to handle fireworks related calls along with another five support staff. On both
July 5th and 6th four deputies were used each day to continue the suppression efforts. The total
cost for this operation did not exceed $20,000,
Utilizing the formula that La Puente used based on their population of 41,000, I have estimated
that it would take 125 officers to put the same program in place in San Bernardino. Using a
formula of 125 officers, eight hours each at time and a half, 'C' step patrolman, the cost for the
one day program would be $43,500,
The Police Department does not have the resources to dedicate 125 officers solely to fireworks
enforcement and still have the ability to staff the other events and duties that we are committed
to. However, we could pull officers from the Detective Bureau, Multiple Enforcement Team,
Narcotics, and Traffic to create a dedicated 50-person fireworks suppression team. The cost for
those 50 overtime officers, for an eight hour period comes to $ I 7,400.
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ATTACHMENT #2
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FIRE DEI'AIlTMI!I'lT
Film PK](VENTION DIvISION
L.wlt It- PrrzEIlo PIlE CtIIa
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200 E.1Sl Third Sit."', San BcrnanliOo' CA 9241()-4889
909.J84.5Zl18' Fox, 9il9.384.'281
www.ci.san-bOtll..dino.ca.us
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4th Of JULY SUMMARY REPORT
SAN BERNARDINO CITY FIRE DEPARTMENT
PREPARED BY:
July 21, 2004
Doug Dupree, Fire Marshal i/IJ
San Bernardino City Fire Department
DATE:
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EVENT:
Impact of Safe and Sane and Dangerous
Fireworks Used and Possessed During the 41~ of
July Holiday Period
INTRODUCTION:
This report contains detailed statistics related to the impact of Safe and Sane and
dangerous fireworks on Police Department and Fire Department services.
FIREWORKS COMPLAINT CALLS RECEIVED BY THE SAN BERNARDINO
POLICE DEPARTMENT:
. 476 calls for service
These calls for service were related to dangerous fireworks used throughout the
city, all fireworks being discharged in the Hazardous Fire Area and the
unpermitted area designated in Municipal Code 8.60. These calls for service
occurred June 26 - July 4. The majority of calls (176) occurred on July 4lh. Fire
and Police personnel, in a collaborative effort, responded to calls for service July
3- July 4. The Police Department responded to calls prior to and after these
dates. On the 3nl and 4lh of July the Fire Department responded North of the 30
Freeway where fireworks are not permitted. and the Police Department
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July 4, 2004
- responded to calls South of the 30 Freeway. The Police Department received .
and dispatched all fireworks related calls for service.
FIRES REPORTED AS CAUSED BY FIREWORKS:
. 9 Documented fireworks related fire calls.
. 7 Probable fireworks related tree fires.
. 12 Brush. dumpster and rubbish fires considered highly probable to be
fireworks related.
These fireworks related fire calls occurred July 1 - 6. Most of the fireworks
related calls (18) occurred on July 4th. It is assumed that all tree fires are
fireworks related, these are in addition to the documented fireworks related fire
calls listed.
CITATIONS ISSUED FOR USE OF DANGEROUS FIREWORKS
THROUGHOUT THE CITY, AND ALL FIREWORKS USED OR POSSESSED IN
THE HAZARDOUS FIRE AREA:
. 24 citations issued.
There were twenty-four citations issued for use/possession of dangerous
fireworks and use/possession of Safe and Sane or dangerous fireworks in the
Hazardous Fire Area. These citations were issued July 3rt! and 41h. Units
concentrated on the use and possession of dangerous fireworks in the
Hazardous Fire Area, since fires in this area would likely spread to the foothill
areas ofthe city, and possibly to the mountains beyond.
FIREWORKS CONFISCATED June 28 - July 5;
. 8,055 individual dangerous fireworks were confiscated. This number reflects a
180 percent increase from last year.
· 839 individual safe and sane fireworks were confiscated. This reflects a 195
percent reductton from last year.
· Approximate weight of the confiscated fireworks was 81 pounds.
. The Fire Prevention Bureau is working with the State Fire Marshal's Office
and Sheriff's Department to destroy the confiscated fireworks. Because of
various environmental laws every year the destruction of fireworks becomes
more difficult.
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Pag. 3
.. July 4. 200.-
FIREWORKS AERIAL DISPLAYS IN THE CITY OF SAN BERNARDINO:
There were three aerial fireworks shows supervised by licensed technicians from
Pyro Spectaculars. These events were held at the stadium, National Orange Show,
and the Rock church. Fire Department personnel attended each of these events.
Fire Prevention Officers inspected the sites prior to the fireworks displays and
conducted l:>tand-by during the shows. There were no fires ignited this year as a
result ofthese supervised shows; however, at two of the shows cake devices
malfunctioned and did not launch property. At the Rock church a minor injury
occurred to a child's. ear. The family refused medical aid for the chnd.
ENFORCEMENT:
. Prior to the holiday the Sun and Press Enterprise both printed press releases
from the Fire Department on the use of fireworks and enforcement activities
that would occur over the holiday period. The press release included a
description of locations where fireworks were not permitted.
. Again this year the Fire Department and Police Department did not have the
staff to effectively cope with the volume of calls on the July 4"'. On July 31ll the
Fire Department assembled three teams consisting of two Arson Investigators
each. the Police Department responded patrol assigned officers. On July 4111,
four Fire Department teams consisting of two Arson Investigators each '
provided enforcement. The Police Department responded patrol assigned
officers. The majority of these calls, 176, occurred on July 4"'. Additionally,
four Fire Prevention Officers assisted with enforcement activities both days.
. Fire Department enforcement activities began at 4:00 PM on July 31ll and 4111.
The time from 4:00 PM until approximately 8:00 PM was spent walking
neighborhoods and informing large groups of people gathered at residences
that fireworks of any kind were not allowed North of the 30 freeway. Earty In
the evening hours, fireworks were not being used or possessed. It was not
until after dark that the magnitude of the problem became evident.
. Fire Department personnel made 128 contacts on July 31ll and 4111.
. Because of the magnilllde of the problem, it quickly became apparent that
confiscation of dangerous firewor1ls needed to be the priority, along with
issuing citations to these offenders.
. There were 8,055 dangerous fireworks confiscated, these were mostly bottle
rockets (aerial fireworks), mortars (aerial fireworks), and fire crackers. Groups
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July 4. 2004
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of people were gathered on streets and in cul-de-sacs to watch the
neighborhood displays.
. Even though citations were pre-written, the confiscation and photographing of
evidence took time away from other enforcement activities. (Le. confiscation)
. 1n addition to pro,active enforcement, Fire Department units were also
dispatched by the Police Department to check on illegal firework activity
reported by callers.
FIREWORKS FACTS ACCORDING TO THE NATIONAL FIRE PROTECTION
ASSOCIATION:
. In 2001,9,500 people sustained an injury from fireworks serious enough to
send them to the emergency room.
. Amateur displays are unacceptably dangerous (especially to children) whose
injury rates, as always, were severai times those of adults.
. Most fireworks-related Injuries do not involve fires that are reported to fire
departments.
. On a typical 4th of July, fireworks cause more fires in the U.S. than all other
causes combined.
. In 2001, eight out of nine fireworks Injuries treated in the hospital emergency
department involved fireworks that federal regulations permit consumers to
use.
. At present, only eight states ban all consumer fireworks. Such bans have
been linked to significantly lower rates of fireworks-related injuries and fires.
. Even sparklers, which are considered by many to be harmless, reach
temperatures of more than 1000 degrees Fahrenheit
. Since 1910, NFPA has crusaded against the consumer use of fireworks.
There Is no safe way to use these devices. They endanger not only the users.
but also bystanders, resulting in serious injuries and deaths every year.
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JUly'. 2004
- CONCLUSION:
. The magnitude of the fireworks problem this year overwhelmed units
assigned to enforcement activities. This is true of many cities in San
Bernardino County. At the July 15, 2004 East Valley Investigation Network
(EVIN) meeting, Arson Investigators expressed safety concems during
.enforcement activities over the holiday period. The EVIN group will be
compiling a separate report that will reflect enforcement problems that
occurred over the 41!1 of July holiday. When that report becomes available it
will be forwarded for distribution. The EVIN group, which Includes the District
Attorney's office, will meet again to discuss proposals for enforcement
activities next year. Prior to the holiday next year intervention at state lines
will likely occur.
. The number of citations issued would likely increase, if more units were
available to issue citations.
. Almost without exception, each person that was cited stated that they thought
fireworks. including dangerous. were legal to use in San Bernardino, since
they are sold throughout the city. Additionally. those people who possessed
safe and sane fireworks North of the 30 Freeway said they were not aware
that fireworks could no longer be used in their neighborhoods_
. Last year appeared to be the worst on record for dangerous aerial fireworks;
however, Arson Investigators noted that this year the problem grew
exponentially. In fact the Sheriffs Department confiscated tons of dangerous
fireworks transported from Nevada into the State of Califomia. Fire
Department personnel assigned to enforcement activities did not recall any
previous year when aerial fireworks were such a problem. This year
dangerous aerial fireworks were being used Dlegally throughout the city.
. The public's attitude also changed significantly from last year. Residents were
angrier with those confIScating fireworks than noted in prior years. There were
Instances when police backup needed to be called for unruly crowds of
people. Without exception each enforcement team recalled instances where
the situation could have deteriorated to a level that could have endangered
Fire Department personnel or the public. Many of the groups encountered
had been consuming alcoholic beverages prior to contact with the Fire
Departrnent; this in itself contributed to volatJle situations. An incident
occurred on the North end of the city that required four additional police
officers and four additional arson investigators. The crowd of approximately
40 people were using Safe and Sane fireworks in the area North of the 30
freeway in the unpermitted area.
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July 4. 2004
. Many complaints were received by the Fire Department both before and after
the holiday regarding the city's approval of the use of Safe and Sane
fireworks. Residents in the Old Fire burned areas were deeply concemed that
there could be another fire as a result of fireworks.
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.
.
ATTACHMENT #3
SAN BERNARDINO CITY FIRE DEPARTMENT
INTEROFFICE MEMORANDUM
-
" ,
To:
'.,
SEP 2~. 2004
Judith Valles, Mayor
Doug Dupree, Fire Marshal ~
From:
.
Subject:
4th of July Enforcement 2004
Date:
September 28, 2004
Copies:
Councilmembers, City Attorney, City Clerk, City Administrator, Fire Chief,
Police Chief
This memo is prepared to clarify the issues involving the enforcement that occurred during the
4th of July holiday this year. As you are aware there were problems enforcing both state and
local laws related to fireworks. As we discussed previously, every member of the Fire Prevention
Bureau and Arson Investigation team was required to work overtime to enforce these laws.
For clarification, there are two issues related to actually issuing citations,. Use, or possession of
dangerous fireworks is a violation of the California Health and Safety Code, a misdemeanor.
This means that they do not have to be "caught in the act", mere possession is a crime, Use of
safe and sane fireworks above the 30 freeway is an infraction. SBMC 8,.60.010 states that safe
and sane fireworks shall not be sold or discharged above the 30 freeway. Those in possession
cannot be cited for possessing safe and sane fireworks; however, these fireworks are confiscated.
There were twenty-four citations issued for use/possession of dangerous fireworks and
use/possession of fireworks in the Hazardous Fire Area (a misdemeanor). These citations were
issued July 3rd and 4th. Units concentrated on the use and possession of dangerous fireworks in
the area above the 30 freeway, since fires in this area would likely spread to the foothill areas of
the city, and possibly to the mountains beyond.
The magnitude of the fireworks problem this year overwhelmed units assigned to enforcement
activities. This is true of many cities in San Bernardino County, At the July 15,2004, East
Valley Investigation Network (EVIN) meeting, Arson Investigators expressed safety concerns
during enforcement activities over the holiday period,. The EVIN group will be compiling a
separate report that will reflect enforcement problems that occurred over the holiday. When that
report becomes available it will be forwarded for distribution,. The EVIN group, which includes
the District Attomey's office, will meet again to discuss proposals for enforcement activities next
year. Prior to the holiday next year intervention at state lines will likely occur.
Lk!t lOll)
Jltm <ft 3
/
I-
I
,
.
.
Again this year, the Fire Department and Police Department did not have the staff to effectively
cope with the volume of calls during the holiday. On July 3'd , the Fire Department assembled
three teams consisting of two Arson Investigators each; the Police Department responded patrol
assigned officers. On July 4th, four Fire Department teams consisting of two Arson Investigators
each provided enforcement. The Police Department responded patrol assigned officers.
Fire Department enforcement activities began at 4:00 PM on July 3'd and 4th. The time from
4:00 PM until approximately 8:00 PM was spent walking neighborhoods and infonning large
groups of people gathered at residences that fireworks of any kind were not allowed North of the
30 freeway. Early in the evening hours, fireworks were not being used or possessed. It was not
until after dark that the magnitude of the problem became evident. Therefore, most of the
citations were issued during about a four-hour window between 8:00 PM. and midnight.
Fire Department personnel made 128 contacts on July 3'd and 4th. Because of the magnitude of
the problem, it quickly became apparent that confiscation of dangerous fireworks needed to be
the priority, along with issuing citations to these offenders. There were 8,055 dangerous
fireworks confiscated, these were mostly bottle rockets (aerial fireworks), mortars (aerial
fireworks), and fire crackers. Groups of people were gathered on streets and in cul-de-sacs to
watch the neighborhood displays.
Even though citations were pre-written, the confiscation and photographing of evidence took
time away from other enforcement activities. In addition to pro-active enforcement, Fire
Department units were also dispatched by the Police Department to check on illegal firework
activity reported by callers, most of these calls were unfound due to the response time involved.
Additionally, one team was at the Stadium doing the required standby while the fireworks show
was discharged, There was also a call from an Engine Company to assist with a fireworks related
investigation. The incident on Grand, with an unruly crowd of approximately 40 peorle, took
two police units and three arson units out of service for at least 55 minutes on July 4' .
Our staff is conducting research to see how other cities handle the problem. We have started with
La Puente, since it appears they may have a model for issuing hundreds of citations. I can tell
you that we are very proactive in dealing with the fireworks problem. This is also true of our
Arson investigations; our department completes more arrests every year than the entire county
combined. As recent as last week three arrests, at three separate fires in one day, were made. We
are open to trying different ways of enforcement; especially those ways that have proven
successful elsewhere. Let me know if you need additional infonnation.
.
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.
OCT-06-2004 WED 08:14 AM CITY OF CHINO
F~,X NO, 909 591 6B2q I 01
ATTACHMENT 4
f.\-t+ tJ "
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3 'b'f- S I <;~
ILl
/-
MEMORANDUM
COMMUNITY SERVICES DEPARTMENT
CITY OF CHINO
COUNCIL MEETING DATE: APRIL 6, 2004
TO: MAYOR AND COUNCIL MEMBERS
FROM: TINA SRAY, COMMUNITY SERVICES DIRECTO~ " ' .
SUBJECT: INTRODUCTION 'OF ORDINANCE NO. 2004-11 - AMENDMENT
RELATED TO THE REGULATION OF FIREWORKS
RECOMMENDA,.ION
Approve the introduction of Ordinance No. 2004-11, amending certain sections of "
Chapter 8.12 of the Chino Municipal COde relateCI to the regulation of fireworks in
the City of Chino. to be read by number andtiUe only, and waive further rllilding
of the Ordinance; and appropriate $39,750 for costs associated WIth the fireworks .
public education and marketing campaign. '
FISCAL IMPACT '
Requires an appropria1ion of $39,750 from the General Fund, which will beQffset
by revenues generated from the sale of safe and sane fireworks. '
OCT 1 2 2004
Approved [ I Denied [ I Continlled [ I Tabled [ I Agenda Item No.:
Motlon Second Ale No.:
AYES:
NOeS:
ABSENT:
ABSTAIN:
CIty Clerk:
.
.
.
OCT-06-2004 WED OB:15 AM CITY OF CHINO
FAX NO. 909 591 6829
p, 02
COUNCIL MEETING DATE: April 6, 2004
SUBJECT: Introduction of Ordinance No. 2004-11 - Amendment Related to the
RegUlation of Fireworks
PAGE 2 .
""'-tI
BACKGROUND:
As directed by the' City Council at the December fireworks workshop, the
Community Services Commission has been worldng with the C1ty Attomey's office
on the drafting of an amendment to the City's fireworks ordinance. Thisamendment
was to incorporate the following changes. which were presented by a Commission
sub-committee to the full Commission at their February 23 meeting:
o Prohibit ~ possession. sale and discharge of fireworks east of Euclid and
soulhof Kimball;
o Limit the sale and discharge of fireworks to July 2, 3, and 4; .
o Cease the sale of safe and sane fireworks by 8:00 p.m. on July 4;
o Assess a 10% surcharge on the gross sales of safe and sane fireworks to
cover costs associated with. enhanced enforcement, clean-up efforts alld
other July 4th related costs (costs to be bomeby suppllens of fireWOr1l:s);
o ' Institute a two-tiered administrative fine; $1,000 for the possession and
discharge of illegal fireworks and $500 for the "legal discharge of safe and
sane fireworks; .
o Restrict the discharge of safe and sane fireworks to residential zones.
In addition to fireworks booth operators. fireworks vendors also attended the
meeting. During the course of discussing the proposed amendments. several
suggestions were made by those in 'attendance. Because the Commission
considered some of the suggestions worth further consideration, a follow~p
meeting by the Commission sub-committee was scheduled.
""'-tI
ISSUES/ANALYSIS:
After extensive discussion, the sub-COmmittee submitted ttie following revisions to
the Community Services Commission at their March 22 meeting: .
D Prohibit Ire posl5ession, sale and di6Charge of fireworkS soUth of KimbaD and
west of Euclid Avenues ,to the City limits, and south of Merrill and east of
EuClid Avenues to the City limits.
(As requested by The Fire District, the modification of the geographic .
boundarie6 would Include areas west and east of EuClid Avenue. In
addition to the newly annexed Ag Preserve arell. the ares $O\Jth of.
Kimball and west of Euclid has dairies, open fields of grass and a river
bottom area full of tall vegetation which are said to be a fire problem each
year.)
o Permit the delivery and storage of fireworks on June 30 beginning at 12;00 '~
p.m" and limit the sale and discharge of fireworks to July 1, 2, 3, and 4:
I .
I .
r-
.r
e
OCT-06-2004 WED 08:15 AM C]~Y OF CHINO
FAX NO, 809 591 6929
P. 03
COUNCIL MEETING DATE; April 6, 2004
SUBJECT: Introduction of Ordinance No. 2004-11 - Amendment Related to the
Regulation of Firewor1<s
PAGE 3
-
(The modifICation of this item would give the booth operators time to set
up their' booths and an additional day of sales, which would greatlY
enhance their net profits. The current sales period is 7 days; the
prop068d sales period would be 4 days with time anowed for booth set-
up.)
o Cease the sales of firewor1<s by 9:00 p.m. on JulY 4.
(The modification of this item would. gil/e consumers an opportunity to
purchase fireworks until nightfall, which during this time of year is
approximately 9:00p.m,) ,
o Assess a 10% surcharge on the grosllssles of safe and sane fireworks to
booth operalOrs in order to cover costs associated With enhanced,,'
. enforcement, a. public educationlmar1<etlng campaign; clean-up efforts and
other July 4111 related costs. ' ,
o Institute a two-tiered administrative fine; $1,000, for the posse&8ioii and
discharge of illegal fireworks and $500 for the illegal discharge of safe and
sane firewor1<s;
o Restrict the discharge of safe and sane fireworks to residential zones.
N. prepared by Assistant City Attomey Arturo Fierro, attached is the ordinance to
address the proposed changes to the City's fweworks ordinance.
In order to begin the public education and marl<eting campaign, an appropriation 01
funds in the amount of $39.750 will be required. These monies will fund services
including the advertising concept, design, copy and camera ready art, billboard design
and printing, and adllertisement placement with the media and the billboard company.
Distribution of approximately 30;000 flyers through utility bill Insertions and for hancklut
at the ,firewor1<s booths w~1 occur, 810ng with strategically locating 500 posters in
businesses and public buildings throughout the City, informing the public of the new
regulations, Further, a media campaign (to include press releases and advertislng in
the Chino Champion, Dally Bulletin and \..8 prensa Newspapers) w1l1,alsO take pIa<;e.
,The City Will also run adverUsing on the local government access channel and the City'.
web site, announcing the new regulations. Finally, approximately 60 signs wID be
poll'led at various City entry points and publiC pari<S. The campaign Is scheduled to '
begin in late April. These costs, as well as personnel-related costs (see Atlaclunent 1),
will be o~t by revenue generated through the assessment of a 10% surcharge on the
gross sales of the fireworks and be borne by the consumer.
c-
TS:kr
Attachment
I .
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OCT-06-2004 WED 08:16 AM CITY OF CHINO
FAX NQ 909 591 6829
P. 04
Attachment 1
UPDATED FIREWORKS ORDINANCE IMPLEMENTATION COST ANALYSIS
Enhanced Police Enforcement,
Finance and Public Works Staff Cost Recovery:
(Includes pannit issuance, Installation of parll and
city entrance "No Fireworks Permitted' signs,
reconciliation of surcharge fee, ate,) .
Enhanced Fire Personnel presence
Subtotal:
EducationJMsrkellng Campaign
a. Ad concept. design, copy & camera ready art. billboard
Design and printing, ad placement with m8dia and .
billboard company......... ... ....... ............... ... ............. ...... $7.500
b. Printing of 17,000 flyers for utility bills ............... ...... ........ $2,150
c, Printing of 14,000 flyers for booth distribution.................... $1.550
d. Printing of 11'x .17" posters (500) ........................... ...... $1,050
e. Newspaper advertising (1/2 page advertisement)
Chino Champion {2 times}....................................... $2,800
Dany Bulletin (3 times)... ...... ............ ...................... $8,850
La Prensa(Spaoish Newspaper-3tlmes) .............. $2,800,'
1. Billboard (Central Avenue 13 weeks) .............................. $2,700
g. City entrance (18) and Park (42)
'No Firewol1l:s Permitted' signs .............,.................. $10.350
Subtotal:
TOTAL:
.. Inerease in booth fee levied by Fire District anticipated.
~
$36,000
$11,000
0-
$47,000
~
$39.750
$86,750
'W
......~..._.._---
,
ORDINANCE NO. 2004-11
.
OCT 1 4 2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
_ OF CHINO, CALIFORNIA, AMENDING CERTAIN
SECTIONS OF CHAPTER 8.12 OF THE CHINO
MUNICIPAL CODE RELATED TO THE REGULATION OF
FIREWORKS IN THE CITY OF CHINO
WHEREAS, the City faces an increasing incidence of the use of dangerous fireworks, both on
public and private property in the City; and
WHEREAS, the use of dangerous fireworks on public and private property can lead to an
increase in injuries to persons and damage to property; and
WHEREAS, the growing use of fireworks of all kinds on public property has increased the need
for police response; and
WHEREAS, the City wishes to reduce the incidence of injuries and damage that result from the
use of fireworks in the City of Chino.
.-~
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: Section 8.12.020 is hereby amended to read as follows:
8.12.020
"Safe and Sane" fireworks permitted.
The storage and discharge of "Safe and Sane" fireworks as defmed by Section 12529 of the
Health and Safety Code of the State of California by consumers shall be pennitted within the
City during the period beginning at noon on the 1st day of July and ending by midnight on the 4tb
of July of each calendar year, pursuant to the provisions of this chapter and not otherwise.
Storage of "Safe and Sane" fireworks for the purpose of setting up sales booths shall be
pennitted beginning at 12:00 noon on June 30 of each year. The sale of "Safe and Sane"
fireworks shall be pennitted within the City during the period beginning on the 1 Sl day of July
and ending at 9:00 p.m. on the 4th ofJuly of each calendar year, pursuant to the provisions of this
chapter and not otherwise.
Section 2: Section 8.12.120 is hereby amended to read as follows:
.
8.12.120
Duration of operation.
Ordinance No. 2004-11
Page 2
e
The sale of fireworks shall not begin before the 1st of July and shall not continue after 9:00 p.m.
on the 4th of July.
,
Section 3:
A new Section 8.12.165 is hereby added, to read as follows:
8.12.165
Surcharge.
A. The City _shall assess a surcharge on all sales of fireworks that occur in the City of Chino.
The assessment shall be paid by the booth operator of any and all fireworks sold in the City,
upon presentment of an invoice by the City's Finance Department.
.
B. The assessment is intended to raise sufficient funds for the City of Chino to pay for the
'cost of processing and issuing permits under this Chapter; inspection of stands; a public
education and awareness campaign; enforcing the provisions of this Chapter, including extra
personnel time; and clean-up of the trash and debris left behind each year.. Therefore, the amount
of the assessment shall be determined each year as soon as reasonably possible after the stand
operators submit their sales reports to the City, and the assessment shall not be more than 10% of
the total gross sales of the fireworks sold in the City that year. After the Finance Department
determines each booth operator's share of the total annual sales volume, each booth operator
shall be billed for its share of the total assessment. Payment of the assessment by each booth
operator shall be due to the City 30 days after issuance of the invoice. -
C. Failure by any booth operator to pay the amount assessed to it by the City's Finance
Department shall be cause to bar the booth operator from selling its goods in the future, until the
assessment is paid in full. Furthermore, if the assessment is not paid by the due date, it shall be
subject to a 10% penalty for each month or portion of a month that it is late.
Section 4:
Section 8.12.170 is hereby amended to read as follows:
8.12.170
Prohibitions on discharge.
A. In accordance with state law, it is unlawful for any person to ignite, explode, project, or
otherwise fire or make use of any fireworks that are not of the "Safe and Sane" variety, in the
City of Chino. In addition to any other penalties provided by law, any person who commits a
violation of this section shall be subject to an administrative fine in an amount to be determined
by City Council resolution. .
B. It is unlawful for any person to ignite, explode, project, or otherwise fire or make use of
any "Safe and Sane" fireworks within ten feet of any residence, dwelling, or other structure. It is
also unlawful for any person to ignite, explode, project, or otherwise fire or make use of any
"Safe and Sane" fireworks anywhere outside a residential zone, in any public park or in any area
south of Kimball Avenue and west of Euclid Avenue to the City limits, south of Merrill Avenue
.
1:\
Ordinance No. 2004-11
Page 3
. md east of Euclid Avenue to the City limits. In addition to any other penalties provided by law,
any person who commits a violation of this section shall be subject to an administrative fme in
an amount to be detennined by City Council resolution.
.'
.
C. It is 'unlawful for any person to possess, store, or to permit the storage of, any fireworks .
that are not of the "Safe and Sane" variety, in the City of Chino. In addition to any other
penalties provided by law, any person who commits a violation of this section shall be subject to
an administrative fine in an amount to be detennined by City Council resolution.
Section 5:
. Severability.
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance
or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the
validity of the remaining portions of this ordinance or any part thereof. The City Council hereby
declares that it would have passed each section, subsection, subdivision, paragraph, sentence,
clause, or phrase thereof, irrespective of the fact that anyone or more sections, subsections,
subdivisions, paragraphs, sentences, clauses, or phrases be declared Unconstitutional..
APPROVED AND ADOPTED THIS )ctf-DA Y OF ~ 2004.
By. b~)i4~
UNlCE . ULLOA, MAYOR
ATTEST:
:':i3y:: ~~ ~ ~~
A,.,'~..LE~AJ. ANNER,C C~
Ordinance No. 2004-11
Page 4
(
.
STATE OF CALIFORNIA )
coUNTY OF SAN BERNARDINO ) 55.
CITY OF CHINO )
I, Lenna J. Tanner, City Clerk of the City of Chino do hereby certify that the foregoing
Ordinance of the CAty ~f Chino was duly adopted by said City Council at a regular meeting held
on the 20*" day of ~ 2004 by the following vote:
AYES: COUNClLMEMBERS:- ULLOA, DUNCAN, ELROD, HAUGHEY, YATES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
By: +< (, ....~)~, ~"'f"" t"l
~ Lenna J. T er, City k
.
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.
.
.
Fireworks
Page 20f2
dedicated solely to handle fireworks related calls along with another five support staff. On both
July 5th and 6th four deputies were used each day to continue the suppression efforts. The total
cost for this operation did not exceed $20,000.
Utilizinl: the fonnuIa that La Puente used based on their population of 41 ,000, I have estimated
that it would take 125 officers to put the same program in place in San Bernardino. Using a
fonnula of 125 officers, eight hours each at time and a half, 'C' step patrolman, the cost for the
one day program would be $43,500.
The Police Department does not have the resources to dedicate 125 officers solely to fireworks
enforcemen~ and still have the ability to staff the other events and duties that we are committed
to. However, we could pull officers from the Detective Bureau, Multiple Enforcement Team,
Narcotics, and Traffic to create a dedicated 50-person fireworks suppression team. The cost for
those 50 overtime officers, for an eight hour period comes to $17,400.
Inn
ATTACHMENT #5
. SAN BERNARDINO CITY FIRE DEPARTMENT
INTEROFFICE MEMORANDUM
To: Legislative Review Committee Members
From: Doug Dupree. Fire Marshal
Subject: 4th of July Enforcement- Cities of La Puente and Chino
Date: October 12, 2004
Copies: Lori Sassoon, Assistant City Administrator
.
This memo is in response to your request for information related to Fire Department
enforcement activities last 4th of July in the cities of La Puente and Chino. We have
contacted both departments as you requested. We will not however, be supplying
redundant information that is contained in the SBPD memo or previous Fire Department
memos.
The City of Chino Fire Department provided the following information:
.
. With the exception of providing some reconnaissance, Engine Companies did not
participate in enforcement activities.
. Three Chief Officers also provided reconnaissance in unmarked vehicles.
. The Fire Department provided five members of the Fire Prevention Bureau to assist
with enforcement. The Fire Department members were not armed. The Fire
Department's enforcement activity was focused on the unincorporated areas and
Chino Hills, while the Police Department provided enforcement in the City of Chino.
. The vast majority of dangerous fireworks citations were issued in Chino. Very few
problems were encountered in Chino Hills, where fireworks of all types are not
allowed. Because of lack of illegal activities in Chino Hills and the unincorporated
areas, Deputies and Fire Department personnel moved to the City of Chino.
. There was quite a bit of illegal activity in commercial parking lots and parks, even
though prior to the holiday the ordinance restrictions were heavily advertised.
. Even with enhanced enforcement, there was still a large amount of dangerous
fireworks being used.
. Code Compliance was also involved in the enforcement of the fireworks ordinance.
. When asked what they would do differently next year the response was, "increase
awareness advertising prior to the holiday". This year an extensive advertising
campaign was initiated which included utilization of the slogan, "1000 Times No", in
.
.
.
Fireworks Memo
Page 2
reference to the $1000 fine for citations issued. The type of media involved included:
billboards, newspaper, fliers, posters, television, and radio.
The County of Los Angeles Fire Department, serving the City of La Puente provided the
following information:
. There is one fire station that serves 75 percent of the City of La Puente. Two Los
Angeles County fire stations located outside of the city serves the remaining 25
percent.
. The Fire Prevention Bureau (located outside the City of La Puente) only responds to
large confiscations of dangerous fireworks. This year there were none in La Puente.
. Engine Companies are assigned to provide fireworks booth inspections; however,
they do not enforce other fireworks related laws and ordinances.
. The Fire Prevention Bureau provides personnel for legal/permitted aerial firework
displays.
. The Los Angeles County Sheriffs Department conducts all other enforcement
activities, including issuing citations for illegal activity. The Los Angeles County Fire
Department is not involved in these activities.
.
.
.
ATTACHMENT # 6
City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
OCT 1 4 2004
To:
Captain S. K1ettenberg
Vince Padilla, Auxiliary Resources Coordinator \Jf'
,
From:
Subject:
CHINO FIREWORK ORDINANCE
Date:
October 12, 2004
Copies:
On Tuesday, October 12, 2004, I drove to Chino PD and picked up infonnation
provided by LT Mike Johnson, Patrol Bureau (Chino PD's 4thofJu1y Event Coordinator
2004). LT Johnson provided me with copies of the City of Chino's Firework Ordinance,
Chino Police Department's Operations Plan and LT Johnson's After Action Report from
the 4th of July 2004 event. The following is a brief synopsis of the event:
City of Chino modified its fireworks ordinance, in an effort to ehance community safety
and to hold violators accountable for their actions. The City of Chino deployed a two-
step process to help endure compliance with the revised firework ordinance.
Step I Advance Public Education Campaign - The City of Chino Community Services
Department contracted with a marketing finn, who developed educational flyers, signs,
posters, ads and bumper stickers, both in English and Spanish.
Step 2 Enforcement Campaign - Using Firework Enforcement teams in unmarked
vehicles to enforce fireworks related violations on local streets, shopping centers,
schools, industrial areas and portions of the city were fireworks are prohibited.
Chino's Firework Ordinance was modified as follows:
Sales of safe and sane fireworks was restricted to between the hours of noon
on July 1st unti12100 hours on July 4th. Previously it was noon June 28th until
midnight on July 4th.
Use of safe and sane fireworks was restricted to residential areas only in
designated areas. Previously the ordinance permitted discharge of safe and
sane fireworks citywide, including parks, shopping centers, etc.
Violations of municipal code sections pertaining to fireworks used to be
processed through the criminal court system. Fireworks violations are now
handled as an administrative violation and are routed through the city's
parking citation processor.
TIiE SBPD IS CXJMMITIED TO PROVIDING,
PROGRESSIVE QUAUlYPOUCE SERVICE;
A SAFE ENVIRONMENT TO IMPROVE TIiE QUAlllY OF liFE;
A REDUCTION IN OUME TIiROUGHPROBIEM REOJGNITlON AND PROBLEM SOLVING
.
.
.
Page 2
Fines for possession and/or use of illegal fireworks were increased to
$\,000.00. Fines for discharging safe and sane fireworks in a restricted area
were set at $500.00.
Cha~ges to the fireworks ordinance significantly widened the scope of law enforcement
efforts , it significantly restricted the areas where safe and sane fireworks could be
discharged and it increased the number of personnel necessary to enforce the new
ordinance.
Chino PD used six (6) different radio frequencies, each with a dispatcher for their event.
Three (3) for each area, one (1) for records checks, two (2) tactical channels for car to
car traffic.
Chino PD deployed two-officer teams with the exception of K-9, motor and supervisor
units. This method gave the teams the ability to make safer contacts with inebriated
customers and to safely conduct enforcement actions.
Due to a large-scale education campaign, which included the distribution of flyers at
parks on July 4th, officers assigned to park enforcement duty reported no incidents of
fireworks use.
The Evidence Processing Center was staffed with fire employees. The volume of
fireworks being processed by officers exceeded the center's intake capability, at times
causing delays.
The ability for a command level officer to actively monitor all three operational areas was
found to be desirable. The deployment of sergeants at headquarters was also successful,
as they were able to address customer service complaints and handle routine matters
without burdening the lieutenant responsible for oversight of the three operational areas.
Chino's educational campaign was successful in educating the citizens on the new
ordinance. The City of Chino
Total personnel used during the 4th of July event:
Sworn Officers
Civilian Support
Police Volunteers
(including 3 reserve officers)
88
30
20
Overtime Expenses:
$29,691.70 (salary only)
Page 3
. Classification Overtime Hours Cost
Police Officer 286.25 $11,857.21
Corporal 114.75 $5,630.78
Serge~nt 88.00 $5,221.54
Lieutenant 50.00 $3,555.00
Civilian 186.50 $3,427.17
TOTALS 735.50 $29,691.70
STATISTICAL SUMMARY
Total calls for service
628 (a 44% increase from 435 calls in 2003)
Firework calls
286 (a 61 % increase from 177 calls in 2003)
Priority 1 Response Times
.
Normal (Jan-May 2004)
5:21
July 4th
4:56
Reduction:
25 seconds
Calls Pending (holding) between 2000-2300 hours: 40
(average during the period)
Fireworks Citations issued:
107
Possession/use of illegal fireworks
104
Discharge of safe and sane in restricted area
2
Discharge in Unincorporated area
1
Arrests = 18
.
Overall Chino PD deemed their Operational Plan a success.
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.
ATTACHMENT #7
Chino Police Department
Patrol Bureau
MEMORANDUM
OCT 1 4 2004
Office of the ChiefofPolice
Eugene J. Hernandez
Mike Johnson. Lieutenant
Steve Beckman. Lieutenant
TO:
FROM:
ATTN:
DATE:
SUBJECT:
Captain Stan Stewart
Lieutenant Mike Johnson
Chief Gene Hernandez
August 5, 2004
After Action Report - 4th of July Holiday Deployment
~.~
PURPOSE
The purpose of this report is to provide an overview of events from the 4th of July holiday
deployment and to make recommendations for the 2005 holiday.
BACKGROUND
The City of Chino recently modified its fireworks ordinance. Significant changes include:
. The sale of safe & sane fireworks is now restricted to between noon on July 15t and 2100
hours on July 4th. The previous version of the ordinance had allowed fireworks sales
beginning at noon on June 28th and lasting until midnight on July 4th.
. The use of safe & sane fireworks is now restricted to residential areas north of Kimball
Avenue and west of Euclid A venue. The previous version of the ordinance permitted the
discharge of safe & sane fireworks citywide, including at parks, shopping centers, etc,
. Violations of municipal code sections pertaining to fireworks used to be processed
through the criminal court system. Fireworks violations are now handled as an
administrative violation, and are routed through the city's parking citation processor.
. Fines for possession and/or use of illegal fireworks have been increased, to $1,000. Fines
for discharging safe & sane fireworks in a restricted area have been set at $500.
"We, the members ofihe Chino Folic/! Dc{ll.lrlmenl, are dl!JiclIff:d to the saId}' %ur ('onanlmity through temmmrk
WId problem-soh;jug pl1rlnerships: prodding ('xeel/en! serl'ict! wilh dif.!ni(v and rcsp(!~L "j
~
.)
.j
The changes to the fireworks ordinance significantly widened the scope of law enforcement
efforts that would be necessary. In previous years, enforcement efforts were focused on
addressing the possession / use of illegal fireworks. Enforcement teams patrolled citywide, with
additional teams maintaining order at two large city parks.
,
The changes to the ordinance significantly restricted the areas where safe & sane fireworks could
be discharged. In order to ensure compliance with the new ordinance, it was necessary to deploy
enforcement teams at most city parks, along with increasing mobile fireworks patrol capabilities
at shopping centers, industrial areas, schools, parking lots, etc. The overall size and cost of the
operation was significantly increased as a result.
The number of personnel necessary for the operation was in excess of what could safely be
accommodated on two radio frequencies. As a result, the city was split into three operational
areas, each with its own command structure and dispatch radio frequency. A headquarters
component was also added to provide tactical oversight of the three operational areas, and to
meet customer service needs.
An operations plan and overview were developed and have been attached to this report.
AFTER ACTION INFORMATION
Informal debriefings were held to review and critique the 2004 holiday deployment. The
following items were discussed:
Radio Dispatch / Operational Areas
Officers, supervisors and communications staff approved of splitting Chino into three geographic
regions for purpose of radio dispatch. Three primary radio frequencies were deployed, along
with a records (wants & warrants) channel, representing the maximum capability of the newly
remodeled communications center. Two tactical channels were reserved for car-to-car traffic or
for emergency communications needs.
Although it was still difficult at times for officers and dispatchers to access the radio, due to the
high volume of activity, this was similar to the experience during the 2003 holiday. Overall
activity levels on each frequency appeared to be similar, so the same geographic boundaries
should be retained in future years.
Radio Dispatch Supervision
One additional dispatcher should work the event next year, freeing up a supervisor who would
then be used to actively supervise dispatch staff, ensuring that the maximum numbers of calls are
being processed without delay. It was noted that some of the dispatchers were hesitant to break
into radio traffic to dispatch calls at times; the floor supervisor would be deployed to conduct
ongoing, roving inspections to ensure that all radio calls are being dispatched as rapidly as
possible.
"We, the memhers oftfw Chino Polin! Dt!purtmcnt, are dl!Jicaled 10 the S{1j~fy ofllur conummify through teamwork
und proMem-.\'()lvhlg pllrlnerJhips: pro\,;idifl[:! excellent -"'t?r\'ici! with digni(v and rf'.\ped. "
e)
e
e)
Officer Safety Issues
Officers were deployed in two-officer teams, with the exception of K-9, motor and supervisor
units. This method of deployment provided the enforcement teams the ability to make safer
contacts with inebriated customers, and to safely conduct enforcement actions. This method of
deployIDent should be continued in future years.
Park Fireworks Enforcement Teams
Due to the large-scale education campaign, which included the distribution of flyers at parks on
July 4th, officers assigned to park enforcement duty reported no incidents of fireworks USe. The
activity level at all city parks became low enough to allow for the officers to be redeployed to
field enforcement teams later in the evening. The ability to redeploy these resources should be
factored into next year's operations plan.
Evidence Processing
The central evidence processing center was staffed with five employees. The volume of
fireworks being processed by officers exceeded the center's intake capability at times, causing
delays. In future years, it would be desirable to add at least two additional staff to the center, to
minimize officer downtime related to fueworks processing.
Headauarters ComDonent
The ability for a command level officer to actively monitor all three operational areas was found
to be desirable. There were numerous periods during the evening where it was apparent that one
of the operational areas had become overwhelmed with pending cans for service. When this
happened, the imbalance was addressed by the rapid redeployment of resources to the area in
need. The deployment of sergeants at headquarters was also successful, as they were able to
address customer service complaints and handle routine matters without burdening the lieutenant
responsible for oversight of the three operational areas.
Gravevard Shift Coverage
The fireworks enforcement operation concluded at 2400 hours. Officers working park and field
enforcement teams secured. Swing shift and K-9 officers were held over until 0400 hours, which
provided the ability to field six 2-officer units and two K-9 units. Activity levels were such that
it would be desirable to hold over another two or four officers (in 2-officer units) to maintain the
ability to quickly respond to emergency calls.
Educational CamDailm
The educational campaign was successful and a similar component should be included as a part
of the 2005 operations plan. One area for improvement would be in posting additional fireworks
signs at City entrances. Although some signs were posted along major thoroughfares, there were
a number of other heavily used roadways where signs were not present and would be of benefit.
I'We, lhe Tllf.!mbcrs of the Chino Police Di!purrment, ure JedicOled ff) the sajety afour {"onummify through If!am.~'(}rlr.
and prubleln-solving partnership.,: !',m'iding excellent sert'ict! with dignity and resped. ..
.
.
.
OFFICER INJURIES
) None
OPERATIONAL DAMAGE
None
PERSONNEL (Refer to attached operations overview for specifics)
Maximum'" deployment = 138
Sworn Officers 88 (Includes 3 Reserve Officers)
Civilian Support 30
Police Volunteers 20
OVERTIME EXPENSES
Total $ 29,691.70 (Salary only)
CLASSIFICATION OVERTIME HOURS COST
\ Police Officer 286.25 $ 11,857.21
Corooral 114.75 $ 5,630.78
Sergeant 88.00 $ 5,221.54
Lieutenant 50.00 $ 3,555.00
Civilian 186.50 $ 3,427.17
TOTALS 725.50 $ 29,691.70
RECOMMENDATIONS FOR 2005
. Maintain the deployment plan, including the use of three primary radio frequencies
. Add one dispatcher, to provide the ability for active dispatcher supervision
. Add two persons to the evidence processing center, to minimize officer wait times
. Provide for one or two additional 2-officer cars until 0400 on graveyard shift
. Increase fireworks signage at City entrances along heavily traveled roadways
I
"We, the nll?mhf'rs of the Chino PotiC!! Dep,.lrtment, ure dl!Jicaled If) lfw safety of ow' community Ilzrouglr /eomu"lJrj
ulld problem-solving partne,.ship.~': prOl:iding excellent sert';ce wil/r dignity and respect. ..
'" .
.)
.
.)
STATISTICAL SUMMARY
Police department CAD records reflects the following July 4th data:
. 'Total Calls for Service
. Fireworks Calls
628 (a 44% increase from 435 calls in 2003)
286 (a 61 % increase from 177 calls in 2003)
Priority 1 Response Times
. Normal (lan-May 2004)
. July 4th
. Reduction
5:21
4:56
25 seconds
Calls Pending (holding) between 2000-2300 hours
40
(average during the period)
Fireworks Citations Issued
107
. Possession / Use of Illegal Fireworks
. Discharge of Safe & Sane in Restricted Area
. Discharge in Unincorporated Area
104
2
I
Arrests = 18
.. We, the nlemh('J's of the Chino Polin! DepcJrrment, are dedicated fo the safely of our community tlzrough teolmt.-orlc.
und pr(lM~In-!iO'llillg purtnerships: pr01:icling excellent service willz dignuy and re.\pecl. ..
~
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ATTACHMENT # 8
-
OCT 1 4 2004
CHINO POLICE DEPARTMENT
MULTI-AGENCY
FrnBWORKSENFORCEMENT
OPERATIONS PLAN
2004
Chino Police Department
Eugene J. Hernandez
Chief of Police
July 4, 2004
Presented By:
Lieutenant Mike Johnson
Patrol Bureau Commander
.. We. the memhers C?,frlze Chinu Police DqUfrtmei1i. u.re dniic;ared !r) the \"'i.ll~t:'.. qf'(Jur cmnmwriry through fCtlnlWork
antI pr(lhlem-soh'hlg partnerships; pi"U'Jidiug e.w,:ei!elll service ~l;i,h dignify Uluf re~;pCCl. .,
.}
.)
.)
Overview
The City of Chino recently revised its Fireworks Ordinance, in an effort to enhance community
safety and to hold violators accountable for their actions. A new Administrative Citation
ordinance was enacted in part to help provide a simpler method of processing these cases.
The City of Chino is deploying a two-step process to help ensure compliance with the revised
Fireworks Ordinance.
Step I - Advance Public Education Campail!Il
The City of -Chino Community Services Department contracted with a marketing rum, who
developed educational flyers, signs, posters, ads and bumper stickers. The education campaign
is being distributed through the following media:
. Distribution of bilingual flyers in water bills
. Distribution of bilingual flyers at fireworks stands
. Posting of posters in storefront windows (by fire personnel and police volunteers)
. Posting of posters at fireworks booths
. Advertising "1,000 Times No" on a billboard facing southbound Centra!, north of Phillips
. Advertising "1,000 Times No" in local newspapers, including Spanish language media
. Posting of"I,OOO Times No" educational signs at strategic city entrance locations
. Posting of"I,OOO Times No" bumper stickers on all City of Chino fleet vehicles
. Posting offrreworks prohibited signs at city parks
. Posting of educational information on cable television channel
. Posting of education information on the internet (City of Chino and Police Department)
. July 4th _ Distribution of 2,000 bilingual flyers at city parks by police volunteers
Step 2 - Enforcement Campail!Il
Deploy nine (9) three-person Fireworks Enforcement Teams in unmarked vehicles to enforce
frreworks related violations on local streets, in shopping centers, schools, industrial areas, and
portions of Chino where fireworks are prohibited. These teams will build upon the enforcement
efforts of similar teams being deployed on Friday and Saturday, July 2nd and 3'd.
Deploy Fireworks Enforcement Teams in medium and large size City and County parks, to
enforce local prohibitions of all types of fireworks in public parks. Additionally, these teams
will be responsible for enforcing alcohol violations and other issues pertinent to maintaining
public order in parks.
Our partners in the enforcement campaign include:
. Chino Valley Independent Fire District
. San Bernardino County Sheriffs Department
. City of Chino Community Development Department - Code Enforcement Division
. City of Chino Finance Department - Billing Officer
;. We. fh(! nll?mr.('!'s I)f the Chino Fulin! DI!{'urrmel1l, ure deIBL.:!te) to the sajd)' offlur conmllfllii)' ,hrough leOlmvoTk
Wid pl'oh!em.so/vil1g pul'merships: pnJ\'iding exce!ienl sl!r\'ict! l1.iJh dignj/l; ond re....pe.::l. ..
.
.
.
ODerational Areas
The City of Chino will be split into three operational areas during the evening hours on July 4th.
Each operational area will have its own radio frequency and will be supervised by a command
staff officer and supervisors dedicated to the specific area.
Area I The portion of Chino located west of Central Avenue and north of W alnut Avenue, along
with the portion east of Central Avenue and north of Riverside Drive.
Area 2 The portion of Chino located east of Central Avenue and south of Riverside Drive
Area 3 The portion of Chino located west of Central Avenue and south of W alnu~ Avenue
ODerational Area Stamn!! Confi2\1rations
. One Lieutenant area commander
. Two police Sergeant supervisor units
. Two 2-officer marked General Patrol units
. Three 3-person unmarked Fireworks Enforcement units
. Fireworks Enforcement Teams for public parks located within each area
. One K-9 unit (except area 3)
. One Motor unit
. One PSO unit
. Two Police Cadets
Radio Channels
CPD - Channel I
CPD - Channel 2
CPD - Channel 3
CPD - Event
CPD-TAC I
CPD-TAC2
Area I
Area 2
Area 3
Records Checks I Primary Emergency Channel
Car to Car Traffic I Secondary Emergency Channel
Car to Car Traffic I Secondary Emergency Channel
DeDlovment Briefinl!s
1200 hours
1300 hours
1500 hours
1600 hours
1700 hours
1830 hours
Cover Shift Patrol I Prado & Ayala Park Teams
Community Support Team I Police Explorers
Park Teams I Evidence Unit I Field Cadets
Command Elements I Swing Shift Patrol I Motor Units I Jail Ops I K-91 PSO's
Fireworks Enforcement Teams
Grave Shift Patrol
:. We the nll!mbcr.'i I;fthe Chinu Police DCf1urrmel1l, CJn~ JeJicalr!d to the sajil!)' 1~i'[Jur ~'onmil/IJj.')' rlwouglllfomu'ork
ulid proNem-so/villg partnerships: prm;irling excellent sert'ice wid! dignil.'" and re~ped. .,
.)
.
Police Field Deployment Timeline - July 4th. 2004
1200 hours
Cover Shift Patrol Briefing
Prado & Ayala Park Teams Briefings
Mounted Enforcement Team & Posse Briefing
CPOA I CPMA BBQ starts @ PD south lot
1300 hours Community Support Team Briefing
1500 hours All Other Park Fireworks Enforcement Teams
Yellowstone Circle Tract Enforcement Team
. Evidence Unit
Field Cadets
1600 hours Command Element Briefing
Swing Shift Patrol Briefing
Motor Unit Briefing
K-9 Team Briefing
Jail Operations Briefing
Field PSO's
(1200 - 2400 hours)
(1200 - 2300 hours)
(II 00 - 2200 hours)
(1300 - 1600 hours)
(1500 - 2300 hours)
(1500 - 2300 hours)
(1500 - 0100 hours)
. (1500 - 2400 hours)
(1600 - 2400 hours)
(1600 - 0400 hours)
(1600 - 2400 hours)
(1600 - 0400 hours)
(1600 - 2400 hours)
(1600 - 2400 hours)
1700 hours Fireworks Enforcement Team Briefing (1700 - 2400 hours)
City splits into 3 Operational Areas (1700 - 2400 hours)
City splits onto 3 Radio Frequencies (1700 - 2400 hours)
Cover Shift officers reassigned to Fireworks Teams
1830 hours Graveyard Shift Patrol Briefmg (1830 - 0630 hours)
Swing Shift officers utilize Grave officers as partners
2200 hours Mounted Enforcement Team & Posse secures
2300 hours Park fireworks enforcement teams secure
Yellowstone tract fireworks enforcement teams secure
2400 hours Fireworks Enforcement Teams secure
Command Elements secure
Field Cadets secure
Field PSO's secure
Jail Operations secure
BBQ secures
Chino returns to single Operational Area
Chino returns to single PD Radio Frequency
0100 hours' Evidence Unit secures
.) 0400 hours
Swing Shift officers secure
K-9 Teams secure
"W;;,. [he nlernh'rs of/he Chi110 Pulice DcpLlrTlnenr, are dedicated 10 the .wjet)' oiuur conl1rHOIif)' through /pomwork
una problem-so/villg partnerslrips: pro\:iding e:n:elhml ."c?r\'ice with digni1.v (lnd respe~/. ..
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.1NOTE:
All deployment times and assignments should be considered tentative, in case there is a
need to modify assignments based upon unforeseen incidents, such as employee
injuries, etc. Please take this into account when establishing any personal plans prior to
or after your assigned shift. Thanks.
Dav Shift Patrol
Day shift personnel will work until 1700 hours, to allow adequate time for swing shift personnel to
clear from their extended briefing. Day shift personnel will then secure, to be capable of being
redeployed at 0515 hours on July 5th. Note that Grave shift patrol will secure at 0630 hours on the
morning of July 5th.
Day shift patrol's primary focus will be handling routine patrol and calls for service.
Dav Shift Patrol
0615 - 1700 hours
e
Sergeant Comstock
Corporal Arnold
Officer Bird
Officer Cervantes
Officer Chase
'Officer Daniels
Officer Randall, C.
PSO Gonzalez
Cover Shift Patrol
Cover shift personnel will start at 1200 hours, 15 minutes later than normal, to provide the ability for
the large park teams and cover shift to attend briefing at the same time. Cover shift officers will work
their normal assignment until about 1745 hours, when they will be reassigned to fireworks
enforcement teams, in unmarked police vehicles, as identified later in this plan.
Cover Shift Patrol
1200 - 2400 hours
Sergeant Foster
Officer Bishop
Officer Kennedy
Officer Mena
Officer Vestey
PSO Dabelstein
. ) Revised - July 3. 2004
~.
Swing Shift Patrol
_)swing shift personnel will start at 1600 hours, 30 minutes later than normal, to provide the ability to
for swing shift patrol, motor teams, K-9 teams, jail operations and command elements to attend
briefing at the same time.
Swing shift officers will deploy in their normal assignments until about 1915 hours, when they will
return to the police station and pick up their Graveyard shift patrol partners, thereby creating six (6)
two-officer patrol teams.
Swing Shift Patrol 1600 - 0400 hours
Sergeant Bussard
Corporal Whitham
Officer Cauble
Officer Franco
Officer Gonzalez
Officer Hardaker
Officer Messick
Officer Menendez will work a Park assignment on July 4th
Grave Shift Patrol
_
Grave shift patrol w ill start at 1830 hours, 2-112 hours earlier than normal, to augment swing shift
patrol teams in' the field. This deployment will provide the ability to field two two-officer general
patrol units in each of the 3 operational areas.
Grave Shift Patrol
1830 - 0630 hours
Sergeant Florentine
Corporal Layton
Officer Bemowski
Officer Brandsma
Officer Franks
Officer McArdle, J.
Officer Olden
.)
Area 1
West of Central. North of Walnut. East of Central. North of Riverside
e'!:ieutenant Beckman
Sergeant McMullin
Sergeant Stubbs
K-91 Officer McIver
Motor Officer 01teanu
PSO Dabe1stein
Cadet Rodriguez, A
Cadet Hall
1600 - 2400 hours
1600 - 2400 hours
1600 - 2400 hours
1600 - 0400 hours
1600 - 2400 hours
1200 - 2400 hours
1500 - 2400 hours
1500 - 2400 hours
Area 2
EAst of Central. South of Riverside
Lieutenant Cisneros
Sergeant Allison
Sergeant Vega
K-92 Officer Kelliher
Motor Corporal McCombs
PSO Partida
Cadet Bell
Cadet Torres
1600 - 2400 hours
1600 - 2400 hours
1600 - 2400 hours
1600 - 0400 hours
1600 - 2400 hours
1600 - 2400 hours
1500 - 2400 hours
1500 - 2400 hours
. )Area3 West of Central. South of Walnut
Lieutenant Calverley 1600 - 2400 hours
Sergeant Florentine 1830 - 0630 hours
Sergeant Foster 1200 - 2400 hours
Motor Officer Mensen 1600 - 2400 hours
PSO Ekstrom 1600 - 2400 hours
Cadet Gray 1500 - 2400 hours
Cadet Alatorre 1500 - 2400 hours
Headauarters
Chief Hernandez
Captain Stewart
Captain Matthewson
Lieutenant Johnson
Sergeant Bussard
Sergeant Randall, R.
Sergeant Sample
Sergeant Hannibal
Sergeant Pruitt
PSO Kline
. )PSO Amaro-Barron
. Cadet Rodriguez, J.
1600 - 2400 hours
1600 - 2400 hours
1600 - 2400 hours
1000 - 0100 hours
1600 - 0400 hours
1600 - 2400 hours
1600 - 2400 hours
1600 - 2400 hours
1200 - 2300 hours
1030 - 1830 hours
1530 - 2330 hours
1030 - 1830 hours
(professional Standards Unit)
(Traffic Services)
(prado & Ayala Park Team Supervisor)
.
.
.
Mounted Enforcement Team
1100 - 2200 hours
Lieutenant Jones, S.
Officer Fyvie
Officer Jones, C.
Mounted P~sse Members (12)
Community Support Team
1300 - 1600 hours
Management Analyst Wolff
Police Explorers
Community Support Team
Evidence Unit- Fire Station #1
1500 - 0100 hours
Evidence Technician Emery
Evidence Technician Valdivia
PSO Martinez
Cadet Avitea
Cadet DeBellis
Jail Ooerations
.. ) The pUIpose of the jail operations unit is to provide the ability for secure prisoner transportation to
, West Valley Detention Center in Rancho Cucamonga without depleting existing patrol resources in the
Chino community.
Jail Ooerations
1600 - 2400 hours
Officer Pizzati
Officer George
Officer Stueland
Cadet Stewart, A
Cadet Stewart, A
Booking (Holding Facility)
Transportation Van
Transportation Van
Booking (Holding Facility)
Booking (Holding Facility)
Briefings
1200 hours Cover Shift Patrol I Prado & Ayala Park Teams
1300 hours Community Support Team I Police Explorers
1500 hours All Other Park Teams I Evidence Unit I Field Cadets
1600 hours Command Elements I Swing Shift Patrol/Motor Units I Jail Ops I K-9 Teams IPSO's
,1700 hours
/
1830 hours
Fireworks Enforcement Teams
Grave Shift Patrol
Prado Regional Park
. ::;orporal Burton
Officer Bassett
Officer Cloke
Officer Perez
,
A vala Park
Corporal Jones, M.
Corporal Van Arsdell
Officer Covington
Officer Jarrett .
Libertv Park
Corporal Whitworth
Officer Kato
Officer MacKay
Officer McKee
Mountain View Park
.' Corporal Schweitzer"
',officer Lombard
Cypress Trails Park
Officer Girgle
Officer Menendez
Herital!e Park
Corporal Falcon
Officer Weinstein
Yellowstone Tract
1200 - 2300 hours
1200 - 2300 hours
(Quad)
(Quad)
1500- 2300 hours
1500 2300 hours
1500 2300 hours
1500 2300 hours
1500 - 2300 hours
Corporal Simmons
Officer Hopsiter
Officer Marotta
Officer Rernender
.
Fireworks Enforcement Teams
1700 - 2400 hours
.
Area 1
Officer ViI1aran
Officer Bjelland
Corporal McGowan
Area 2
Officer Rosales
Corporal Vallejo
Officer Mena
Area 3
Corporal Zens
Corporal Valentine
Officer Bishop
Officer Gutierrez
Officer Cragg
Officer Acuna
Officer Tinder
Officer Alvarran
Officer Kennedy
Officer Infusino
Officer Leyden
Officer Vestey
.
Code 7
. -) Due to the length of the operation, it is desirable to provide meal service to all perso~el working in
support of the enforcement operation. Persons invited include police staff, fire staff, city staff.
sheriff's staff, volunteers and dignitaries.
The City of Chino BBQ Trailer wil1 be deployed. A picnic area will be provided. Food and drinks are
being provided by generous donations from the Chino Police Officers Association and the Chino
Police Management Association. Sheila Jones has arranged for some volunteers to help cook the food.
Due to the need to deploy all assigned personnel during peak hours of the event, Code 7 breaks will not
be available between 1930 and 2300 hours.
.)
Communications
. '3etween 1700 and 2400 hours, each of the 3 Operational Areas will have its own primary radio
frequency, staffed by a dispatcher. A fourth radio frequency will be staffed by a dispatcher for the
purpose of running records checks and other administrative tasks. The remaining three dispatch
consoles will be staffed by supervisors and call takers.
-
Sergeant Cheatham
PSDS Konstantakos
PSDS Blackburn
PSDS Whitham
PSD n Hoffman
PSD n Shull
PSD n Vargas
PSD n Mejia
PSD n Quintanilla
PSD n DeLaTorre
PSD n Konieczko
Radio Channels
.
)CPD - Channel 1
. CPO - Channel 2
CPO - Channel 3
CPO - Event
CPO-TAC 1
CPO-TAC2
.
1000-0200
1200 - 0300
0600 - 0900
0600 - 1000
0900 - 2100
1000 - 2400
1500 - 0600
1600 - 0600
1600 - 2400
2100 - 0200
Area 1
Area 2
Area 3
Records Checks / Primary Emergency Channel
Car to Car Traffic / Secondary Emergency Channel
Car to Car Traffic / Secondary Emergency Channel
.
.
.
-
TO:
FROM:
DATE:
RE:
COPIES:
ATTACHMENT # 9
INTEROFFICE MEMORANDUM
CITY OF SAN BERNARDINO
CITY CLERK'S OFFICE
OCT 4 2004
Lori Sassoon, Assistant City Administrator
R h 1 G CI k C. CI k'-:) ., I ..~. CL~,-,/(..
ac e . ar, lty er~~~
October 4, 2004
Fireworks
Fred Wilson, City Administrator, Cindy Buechter, Business Registration
Supervisor, Doug Dupree, Fire Marshall; Peggi Hazlett, Mayor's Assistant
Larry Pitzer, Fire Chief
Per your request, the City Clerk's Office surveyed 17 cities that currently allow the sale
of safe and sane fireworks. The cities we contacted are:
Bakersfield
Buena Park
Costa Mesa
Chino
Colton
Commerce
Fresno
Garden Grove
Hanford
Indio
La Mirada
La Puente
Modesto
Norwalk
Porterville
Ria1to
Santa Ana
Cities Charging "surcharge" or "fee" intended to defray enforcement costs: 3
I. Buena Park: $700 for temporary use permit (intended to defray enforcement costs).
Additional fees such as $200 refundable cleanup fee; $26.50 electric charge and $196
Fire Department Fee
2. Chino: Effective this year, they charge stands 10% of gross sales and that covers cost
of enforcement, processing, business permit, etc. They have 28 stands and total costs
to the City have been pegged at $83,000. Stands had choice of adding 10% surcharge
to sales or absorb 10% cost from their profits.
3. Norwalk: $650 for license and $500 deposit to ensure stands are removed. Fees
supposed to cover enforcement. Additionally, each stand pays $320 - this charge is
picked up by fireworks company and is not supposed to be passed on to the
organizations. Each organization pays a $25 non-refundable application fee and a
$50 deposit.
.
Cities that have attempted to ban sale of safe and sane fireworks: 4
1. Bakersfield: Ban proposed; however, Mayor and Council backed down due to
public outcry.
2. Buena Park: City tried to ban fireworks; however, citizens petitioned and at the
November 2003 election the ordinance was suspended.
-
3. Chino: Proposed an ordinance to ban fireworks; however, Mayor and Council
backed down after public outcry and they rewrote the ordinance.
4. Garden Grove: Two years ago Mayor and Council attempted to adopt an
ordinance banning sale of fireworks; however, public outcry prevented them from
doing so. Only five cities in Orange County allow sale of safe and sane
fireworks.
Additionally, I'd like to share with you a few interesting observations:
Costa Mesa: This year reduced fireworks stands from 56 to 40
Garden Grove: Adopted new ordinance to limit number of stands and reduce from nearly
70 to 45. They will reduce through attrition; currently down to 50. They charge a $500
fee to cover cleanup, police and park depts cost; registration fee; electrical, etc.
Fresno: Allow sale of safe and sane fireworks from June 28 until July 5; however, they
can only ignite fireworks on the 4th of July from 5 to 10 p.m.
.
La Mirada: Sale of safe and sane fireworks is presented to the Council each year when
they consider whether or not to renew fireworks ordinance. They seek public input via
flyers and result is usually 50/50 or 75/25 in favor. They ban certain types of fireworks
such as Piccolo Petes, ground bloom flowers. Also, this year they imposed a $2, I 08 fee
for a fireworks permit and this fee covers fireworks stand permit administration,
processing and investigation fee.
La Puente: Allow 4 to 6 stands and they are restricted to veterans organizations that also
put on a fireworks show. Ordinance only allows two specific veterans organizations and
any organization whose membership is composed of soldiers and/or sailors or of ex-
sailors and/or ex-soldiers, or its auxiliary or auxiliaries. $57 for permit plus electrical
fee.
Modesto: Biggest outcry for ban of fireworks came this year; however, they are waiting
for word from State Fire Marshal who is going to present a plan on stepped up
enforcement of illegal fireworks. Also, Modesto is trying to reduce number of stands
from 82 to 70.
Fees charged to operate a stand vary from city to city. Time did not permit to present a
comparison of fees; however, it is available and we also have copies of most ordinances
from cities noted above.
. Let me know if you have any other questions.
2
e1
2
ATTACHMENT # 10
Adopted: February 18. 2003
Effective: Karch 21. 2003
ORDINANCE NO. KC-1l38
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
3 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
-
4 THE MAYOR AND COMMON COUNCIL OFTHE CITY OF SAN BERNARDINO DO
5 ORDAIN AS FOLLOWS:
6 SECTION 1. Chapter 8.60 of the San Bernardino Municipal Code is hereby
7 amended inlts entirety to read as follows:
e14
15
8
9
10
Sections:
11
8.60.010
8.60.015
8.60.020
8.60.030
8.60.040
8.60.050
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
8.60.160
12
13
16
17
18
19
20
21
CHAPTER 8.60
FIREWORKS
Location of Sales and Discharge of Fireworks.
Sale of Fireworks to Minors Prohibited; Identification Required.
License. Required.
License - Application - Public liability insurance.
License - Notice of granting or rejection.
License - Prerequisites to issuance.
Suspension of license - Appeal procedure.
Operation of temporary fireworks stand.
Requirements for Fireworks Supplier.
License tax.
Temporary sales tax permit required.
Display of license and sales tax permit.
Permissible locations for discharge.
Prohibitions on sale or discharge.
Reference to determination of safe and sane fireworks.
Violation - Penalty.
Financial Reporting.
22 8.60.010 Location of Sales and Discharge of Fireworks.
23
Safe and sane fireworks as defined by Section 12529 of the Health and Safety Code of the
24 state may be sold and discharged within the City subject to the requirements of this
Chapter, except that such sale or discharge shall not be allowed in the following
25 designated areas. Such areas are depicted on a map entitled "Location of Sales and
26 Discharge of Fireworks' on file in the City Clerk's Office and incorporated herein by
reference, a reduced copy of which is attached to this Chapter, Such areas are designated
27 as follows:
e28
HElcj[Fireworkthree]
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I loIC-llJ8
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
3
A. That area within the City lying north of a line extending from the west City limits
at f.lighland Avenue to the east City limits and bounded on the south side by streets
and highways as follows:
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6
Commencing from the west City limits at the centerline of Highland Avenue thence
easterly to the intersection of Highland Avenue and the 210/30 Freeway; thence
easterly following the 210/30 Freeway to the interchange of Highway 330; thence
north-easterly following Highway 330 to the intersection of Highland Avenue, east
of Boulder; thence easterly from the intersection of Highland Ave. and Highway 330
along the centerline of Highland Avenue; thence continuing south-easterly along the
centerline of Highland Avenue and its south-easterly prolongation to the intersection
of the southerly prolongation of the most easterly border-line of the City of San
Bernardino, as depicted on the previously referenced map on file in the City Clerk,
a reduced copy of which is attached to this Chapter.
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8
9
10
11
12
B. That area within the City, whether contiguous or not. which lies north or northwest
of a line from the west City limits at Highland Avenue, in a westerly direction on
Highland Avenue to the 210 Freeway, and then west on the 21 0 Freeway to the 1-15
Freeway. That area within the City, whether contiguous or not, which lies north or
northeast of the intersection of the 1-15 Freeway and the 215 Freeway, as depicted
on the previously referenced map on file in the City Clerk's Office, a reduced copy
of which is attached to this Chapter.
13
16
17
18
C. Inclusive of the area within the City limits beginning at the intersection of Highland
Avenue and Boulder Avenue; Highland Avenue west to Victoria Avenue; Victoria
Avenue south to Baseline Street; Baseline Street east to Boulder Avenue; Boulder
Avenue north to Highland Avenue, as depicted on the previously referenced map
on file in the City Clerk's office, a reduced copy of which is attached to this Chapter.
19
20
D. Inclusive of the area beginning at the intersection of Pacific Street and Del Rosa
Avenue; Pacific Street west to Perris Hill Park Road; Perris Hill Park Road north to
an imaginary line extending north from Perris Hill Park Road to intersect Highland
Avenue; Highland Avenue east to Del Rosa Avenue; Del Rosa Avenue south to
Pacific Street, as depicted on the previously referenced map on file in the City
Clerk's office. a reduced copy of which is attached to this Chapter.
8.60.015 Sale of Fireworks to Minors Prohibited; Identification Required.
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The sale of fireworks to anyone under the age of 18 is prohibited A valid form of
26 identification is required at time of purchase.
27
HE/ell Flri:\\N":hr~~]
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KC-1l38
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
3
8.60.020 License - Required.
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5
Except as provided in this Chapter, it is unlawful for any person, organization, group or
association. etc. 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 from the City Clerk.
8.60.030 License - Application - Public liability insurance.
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All applications for a license to sell fireworks shall:
8
9
A. Be made in writing and accompanied by the fee set forth in Section 8.60.090 in
addition to a non-refundable fireworks administrative fee of fifty dollars. The fee will
be used to defray the administrative costs of the fireworks program. Applications
shall be made between the first day and the last day of March of each year except
when the last day falls on a Saturday, Sunday or legal holiday, the following
business day shall be determined to be the last day;
10
II
12
13
B. Set forth the proposed location of the fireworks stand applied for. The stands
must be on private property located in Commercial General (CG) or Commercial
Regional (CR) General Plan Land Use Districts and the written permission of the
owner of record or lessee must accompany the application;
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17
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C. Be accomparied 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
a minimum of one-million dollars public liability and property damage insurance
policies with riders attached to the policies designating the City as an additional
insured under this Chapter, and a copy of the requisite permit from the State Fire
Marshal.
19
20
D. Include a copy of the applicant's 501 (c) (3},(4 },(5},(6},(8},(1 0).(19),(20}, or 501 (d)
verification of nonprofit status. or demonstrate that it is a non-profit organization,
group, association, etc.. which is organized primarily for veteran. patriotic, welfare,
civic or social betterment (including public or private school clubs, groups.
organizations or such other public or private school affiliates), or charitable
purposes.
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E. All applicants shall be required to demonstrate how revenues received would
benefit the citizens of San Bernardino by submitting official board minutes detailing
the intent and authorization to sell fireworks. Such minutes shall detail what sites,
populations, or projects within the City will benefit and for what purposes;
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'" F. Have attached a completed financial statement form that describes anticipated
~1[icll F Irewmklhreel
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KC-1l38
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
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revenues, expenses, and profits. Such form will be provided by the City Clerk's
OfHce to each applicant. The information contained in this form shall furthermore
detail how much money will be provided to the projects mentioned pursuant to
subsection (E) above. No less than ninety percent of the net profits derived from the
sale of fireworks in the City by the applicant shall be utilized for the direct
advancement of the applicant's stated non-profit purposes within the City of San
Bernardino in accordance with subsection (E) above.
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7
8
8.60.040 License - Notice of granting or rejection.
9 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 No license shall be issued if the
applicant fails to provide all the information or fails to meet all the criteria specified in
Section 8.60.030, or any other provision of this Chapter. The decision of the City Clerk
may be appealed to the Mayor and Common Council under the provisions of Chapter 2.64.
The decision of the Mayor and Common Council shall be final.
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8.60.050 License - Prerequisites to issuance.
The following qualifications must be met by each applicant for a license issued under this
Chapter:
16
A No license shall be issued to any applicant except a nonprofit organization,
group, association, etc, organized and operating within the City limits of San
Bernardino in conformity with Section 8.60.030 (D). (E) & (F).
17
18
8 Each such applicant must have its principal and permanent meeting place in the
corporate limits of the City and must have been organized and 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.
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20
21
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C, No applicant may receive more than one license or participate in more than one
fireworks stand during anyone calendar year. The maximum number of licenses
that may be issued during anyone calendar year shall be 35 All applicants shall
be reviewed for compliance with this Chapter, All qualified applicants who held a
license during 2002 whether as an individual or as part of a joint venture, shall have
priority for the available licenses in 2003. Priority will also be given in 2003 to any
Joint venture which has at least one qualified applicant who held a license during
2002. Any remaining licenses in 2003, after deducting priority applicants, shall be
determined by lottery and shall be granted by a drawing supervised by the City
Clerk.
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KC- .138
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
3
o One license may be issued to two or more qualified applicants as a joint venture
provided that the application for the joint venture is submitted prior to the application
deadline. Each qualified applicant in a joint venture which is granted a license is
deemed to be a co-licensee and shall have the same benefits, duties and liabilities
under the license.
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7
8
E After 2003, all qualified applicants who held a license the immediate previous
year, whether as an individual or as part of a joint venture, shall have priority for the
available licenses for the immediate next year. After 2003, priority will also be given
to any joint venture which has at least one qualified applicant who held a license
during the previous year. However, after 2003, if the total number of qualified
applicants who were licensees or co-licensees from said previous year exceeds 35
licenses because the membership(s) of jointventure(s) has changed or the joint
venture ceases to exist, then those qualified applicants which were part of such joint
venture(s) shall lose their priority and shall be placed in a lottery drawing for any
remaining available licenses after all other qualified applicants from the immediate
previous year are granted licenses. After 2003. if the total number of qualified
applicants who were licensees or co-licensees from the immediate previous year
does not exceed 35 licenses, then any remaining licenses shall be determined by
lottery and 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 Section
8.60.060, shall be eligible for a new license only upon satisfying the Fire Chief that
suitable arrangepl",nts have been made to preclude future violations.
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8.60.060 Suspension of license - Appeal procedure.
18
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A. The Fire Chief or his/her 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 fireworks
stand during or immediately preceding any period of sale. If the Fire Chief or his/her
designee establishes that a violation has occurred too late to suspend the license
during the period of sale, he/she 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.
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B The decision of the Fire Chief or his/her designee to suspend the license of any
licensee shall be subject to review by the Mayor or his/her designee. 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, the Mayor or
his/her designee, and the representative of the Fire Chief can schedule such
hearing, provided that in every case, said hearing shall be held within 72 hours of
the Fire Chiefs decision For suspensions after the sale period, the hearing shall be
Hf. Cl!rlrt'\l\lr~thrce] 5
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KC-1l38
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
3
held within one month after the request for hearing, which request must be made
witilin fifteen days after notice of the suspension. The Mayor, or his/her 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 Mayor or his/her designee may be appealed to the
Mayor and Common Council under the provisions of Chapter 2.64. The decision of
the Mayor and Common Council shall be final.
8.60.070 Operation of temporary fireworks stand.
4
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6
7
8
9 The licensee entity, the person who signs the application for the license, and the
supervisor or manager present in charge of eac;;h fireworks stand shall comply and ensure
10 compliance with all of the following:
11
A. No person, organization, group, association, etc. other than the licensee entity
shall be allowed to operate the stand for which the license is issued or to otherwise
participate in the profits of the operation of such stand.
12
8, No person, organization, group, association. etc. other than the individuals who
are members of the licensee entity, or the spouses or adult children of such
members, shall be allowed to sell or otherwise participate in the sale of fireworks at
such stand.
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17
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19
C. No consideration shall be paid to any person for selling or otherwise participating
in the sale of fireworks at such stand
D. No person under eighteen years of age shall be permitted in the stand and
signage shall be prominently displayed inion the stands stating that no person under
eighteen years of age shall be permitted in the stand.
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E. No person shall consume alcoholic beverages within twenty-five feet of any
stand.
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F. An emergency contact telephone number shall be posted on the exterior and
interior surfaces of all exit doors.
24
G. 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
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H. No.fireworks stand shall be located within twenty-five feet of any other building
nor within one hundred feet of any gasoline pump.
f-1E!CIIFlft'\.\.(lrj.,.lhr..:L']
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KC-1138
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
3
4
I. Fireworks stands need not comply with the provisions of the building code of the
City provided that all stands shall be erected under the supervision of the Director
of the Department of Development Services or his/her designee, who shall require
that stands be constructed in a manner that will reasonably ensure the safety of
attendants and patrons. In addition, each stand and its location shall be inspected
and approved by the Fire Marshall prior to commencing storage or sales of fireworks
therein.
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8
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11
J. No stand shall have a floor area in excess of three hundred square feet.
K. 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.
12
L. Each stand shall be provided with two 2'12 gallon water pressure type fire
extinguishers, underwriter approved, in good working order and easily accessible
for use in case of fire, at all times during the storage/sales of fireworks.
13
M. 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,
16
17
18
N. "No Smoking" signs shall be prominently displayed on the fireworks stand, and
no smoking shall be permitted within twenty-five feet of any fireworks stand.
O. Each stand shall have a person present and designated as supervisor or
manager in charge thereof at all times while fireworks are stored or sold therein.
Sleeping or remaining in the stand after close of business each day is forbidden.
19
20
P. The sale of fireworks shall not begin before twelve noon on the 28th day of June
and shall not continue after midnight on the 4th day of July.
21
22
a. Each stand shall post for public viewing, a copy of the map identified in Section
8.60.010 (Location of Sales and Discharge of Fireworks) and shall also provide a
copy of this map to each purchaser of fireworks The costs of copying such maps
shall be borne by the licensee.
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25
R. All unsold stock and accompanying litter shall be removed from the location by
five p.m. on the 5th day of July.
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S. The fireworks stand shall be removed from the temporary location by twelve noon
on the 15th day of July, and all accompanying litter shall be cleared from the location
by said time and date.
IIE/cIIFlre\\orl..thrcc]
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MC-1l38
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
3
8.60.080 Requirements for Fireworks Supplier.
4
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 posted by the fireworks supplier and made
payable to the City in the amount of three hundred dollars ($300.00) to ensure 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 fireworks supplier
8 does not so comply to remove the stand or clean the site in the manner required by the
Director of the Development Services 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
fireworks supplier and his/her surety and the deposit, certificate or bond.
5
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7
9
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8.60.090 License tax.
12
As set by Ordinance No. 2884. 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.
8.60.100 Temporary sales tax permit required.
16 Applicants licensed for the selling of fireworks are required to obtain a temporary sales tax
permit from the State Board of Equalization.
17
8.60.110 Display of license and sales tax permit.
18
19
The license to sell fireworks and temporary sales tax permit shall be displayed in a
prominent place in the fireworks stand.
20
8.60.120 Permissible locations for discharge.
21
22
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 or private unpaved
open areas such as vacant lots or fields, 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 Fire Chief.
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8.60.130 Prohibitions on sale and discharge.
26
A. It is unlawful for any person, organization, group, association, etc., to sell any
fireworks except during the time period between twelve noon on the 28th day of June
to midnight on the 4th day of July.
27
HF/Cj[Flr~\\ClrktIUl.:~1
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HC-1138
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
3
B It is unlawful for any person, organization, group, association, etc., to sell any
fireworks at any time in any of the areas described in Section 8.60.010.
4
5
6
C It is unlawful for any person, organization, group, association, etc., to ignite,
explode, project, or otherwise fire or use, any fireworks, or permit the ignition,
explosion or projection thereof, except during the time period between twelve noon
on the 28'" day of June to midnight on the 4th day of July.
7
8
9
10
11
D. It is unlawful for any person, organization, group, association, etc., to ignite,
explode. project, or otherwise fire or use, any fireworks, or permit the ignition,
explosion or projection thereof, in any of the areas described in Section 8.60.010.
or upon or over or onto the property of another without his/her consent, or to ignite,
expjode, 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.
12
8.60.140 Reference to determination of safe and sane fireworks.
Reference is made to provisions of Section 12500 et seq. of the Health and Safety Code.
which prohibit and regulate fireworks not defined as safe and sane.
8.60.150 Violation - Penalty.
16
A. Any person. organization, group, association, etc., violating any provision of this
Chapter is guilty of an infraction for the first offense, which upon conviction thereof
is punishable in accordance with the provisions of Section 1.12.010 of this Code.
17
18
19
B. Any subsequent violation of this Chapter by that same person or entity within a
three year period is guilty of a misdemeanor, which upon conviction thereof is
punishable in accordance with the provisions of Section 1.12.010 of this Code.
20
21
8.60.160 Financial Reporting
No later than August 31st of each year (or the next working day if August 31 falls on a
Saturday, Sunday or legal holiday), each licensee operating a stand or participating in a
23 joint venture shall submit to the City Clerk a financial summary of the total sales from
fireworks on the financial summary form provided by the City Clerk's
24 Office. The financial summary shall have a summary of actual expenses, revenues, and
profit for that year and shall have receipts attached for all expenses for each stand as well
as any incentive payments, gifts, or other financial consideration provided to members of
26 the licensee or its volunteers. Licensees failing to comply with the afore-mentioned
financial summary deadline of August 31 51 shall be ineligible to receive a license for the sale
of fireworks the following year either as an individual licensee or as a member of a joint
venture,
22
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Ilt-:!C1[Flrcworkthrl't']
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KC-1l38
elAN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60
2 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS.
3
4
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
joint
6 and Common Council of the City of San Bernardino at a regular
5
meeting thereof,
7 held on theJ8thday of February
8 COUNCIL MEMBERS: AYES
9
ESTRADA X
10
LONGVILLE X
II
12 MCGINNIS
13 DERRY
, 2003, by the following vote, to wit:
NAYS ABSTAIN ABSENT
X
X
14 SUAREZ
e15
ANDERSON
X
X
16
17
18
19
20
21
22
23
24 Approved as to form
and legal content:
MC CAMMACK
X
/") I _ ,;
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City Clerk
~) e.La-J~
The foregoing Ordinance is hereby approved this 19t1tlayof February ,2003.
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'O_J - ...... '. L (.. 2,.-
.. JUDITH VALLES, Mayor
/. City of San Bernardino
"
25
JAMES F. PENMAN
26 City Attorney
27
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OCT-25-2004 03:15P~ FRO~
T-141 P.OOI/OOT F-OTi
ATTACHMENT # 12
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OPERATIONS PLAN
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1...-' .J"~i-.r--","r.;~"'-
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CITY OF LA PUENTE
4TH OF- JutY-SA TURA liON
.
2004
'.
Prepared by :
Deputy Charles McDaniel
Deputy Jose GarGia
Reviewed by: Lieutenant Tim Murakami
Approved by: Captain Mike Smith
I, SITUATION
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OCT-25-2004 03:16P~ FROM-
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I. SITUATION
During the days prior to and Immediately following the 4'" of July, the City of La Puente
has an excessive amount of illegalflrewor1<S being ignited throughout the city. As a
result of these \IIegal fireworks which include, aerial and explosive types, the City of La
P'uenle has enacted a new city ordinance prohibiting the use of all megal firewori<s and
'Safe and Sane" fireworl<s with the exception of the 4'" of July.
II. MISSION
To ensure the safety ofthe citizens of La Puente by deterring the use of illegal
fireworks, utilizing proactive measures to identify and arrest violators.
III. CONCEPT OF OPERATION
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The City of La Puente will be divided into three sectors. In each of the sectors an
undercover vehicle and two marked patrol vehicles shall be assigned. The undercover
vehicles and patrol units will attempt to locate areas where illegal firework are being
used. Once violators have been located, the undercover vehicle will park and attempt to
identify suspects. Upon verification of violato~ the marked patrol unit will be requested
to the primary location. All deputies shall contact the individuals, separate violators and
make all appropriate arrests. All illegal fireworks shall,be recovered and held for
evidence. The marked patrol unit will transport suspect(s) to a predesignated area. The
second patrol unit will continue to locate problem areas and not respond to the primaIY
location except in emergent situations. Pa a result of this, the secondary marl<ed unit
can continue to locate problem areas to assiSt the undercover deputies in the arrest of
violators_
Sector 1: will be from Puente Ave to Unruh Ave, (EastIWest), and Arnsr Rd to Nelson
Ave, (North/South).
Sector 2: will be from Unruh Ave to Glendora Ave ,(EastIVVest), and Nelson Ave to
Fairgrove Ave, (North/South) including the area North of Temple Ave to Greycliff Ave on
theEasl
Sector 3: will be from Glendora Ave to Azusa Ave, (EastJl/\/est), and Old Valley BI to
Temple Ave (NorthlSouthl-
All suspedS arrested shall be transported to La Puente City Hall where they will be
checked via wantsIWarranls, field cite released or detained pending booking at Industry
Station.
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All personnel shall wear class "/\', or class "8" uniform, long or short sleeve, with a
uniform patrol jacket, helmet and flashlight avaflable. Each deputy shall wear their
protective vest. standard Sam Browne and Department approved baton. Undercover
deputies shall wear appropriate civman attire including protective vests.
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OCT-25-2004 03;16P~ FROM-
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IV. EXECUTION
The Incident Commander of the operation will be Lt. Murakami. Industry Station
Personnel will be the primary response force If needed. In the event of a major incident
the Incident commander will determine if additional resources are necessary.
The incident Command Post will be at La Puente City Hall,(east parking lot), located at
15900 Main St La Puente. Deputy C. McDaniel will be the secondary Incident
Commander of the event and shall be responsible for tactical planning, personnel
deployment, logistical needs and filing of criminal complaints.
All Department personnel assigned to work this event will report at theIr assignment at
lhe hours Indicated.
July 4th, 2003
1800 to 0200 hours
6REA 1
Undercover Vehicle; Unit 143F
Deputy (Not Riled)
Deputy {Not Filled)
Patrol U[llt 143E:
Deputy (Not Filled)
Deputy (Not Filled)
Patrol Unit 143E1
Deputy (Not Filled)
Deputy (Not Filled)
~EA2
Undercover Vehicle: Unit 143F1
Deputy (Not Filled)
Deputy (Not Filled)
Patrol Unit 143E2
Deputy (Not Filled)
Deputy (Not Filled)
fatrol Unit 143E3
Deputy (Not Filled)
Deputy (Not Filled)
AREA 3
Undercover Vehicle: 143F2
OCT-25-2004 O!:15PW FROW-
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Deputy (Not Fmed)
Deputy (Not Filled)
Patrol Unit 143E4
Deputy (Not Filled)
Deputy (Not Riled)
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eatral Unit 143E$.
Deputy (Not Filled)
Deputy (Not FlIIed)
The La Puente Team will also utilize bicycles. (If needed), In an effort to gain aCC8$S to
are~ where a rapid, low visibnity approach will result in idenllficationlarrest of suspects.
Bicycle Patrol: Unit 1438
Deputy (Not Filled)
Deputy (Not Filled)
Unit 143B1
Deputy (Not Filled)
Deputy (Not RUed)
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Baokina Team: (Command Post)
Deputy (Not Filled) *Booking
Deputy (Not Filled) *Booking
Deputy (Not Filled) *Booking
Deputy (Not Filled) *Booklng
Deputy (Not Filled) "Responslble for evidence handling digital photos.
Deputy (Not Filled) .Responsible for the collection of 1,11 citations/reports.
Boo!dna DeDuties:
It will be the responsibility of the booking deputies to provide security of the booking
area, complete booking packages. issue citations, check suspects via wantslwarrants,
photograph suspects/evidence. keep statistical information.
The transporting deputies shall drop the suspect(s)/citation(s) off at the booking area.
The suspects will be searched and all property removed from their person. The property
shall be placed in a plastic bag. labeled and stored in the property area,
The suspects shall be escorted to a predesignated booking area where they will sit on a
bench secured by a TST wrist chain. The booking deputies shall remove one suspect at
a time from the booking area and complete the booking package and citation which
includes.
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Positive 1d
WanlslWarrant check
Citation
Issuance of booking number
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OCT-25-2DD4 D3:15PM FROW-
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There will be four deputies assigned to the task of handling suspects and completing
the above items. There will be two additional deputies assigned to the booking area
who will be tasked with controVphotograph evidence and the handling of all paperworlt
Control of EvidencelPhotoaraDh
-The deputy assigned to the Control of EvidencelPhotographs shall assist the
transporting deputies with the removal of -evidence from the patrol unit and security of
the suspect(s), A photograph of the suspect including evidence shall be taken upon
arrival at the booking area. The photograph shall include the suspect, evidence and the
file number assigned. ( The transporting unit shall draw the appropriate file numbers).
The deputy shall then place the seized evidence in the secure collection area where it
will ,be later destroyed.
St;aUstlcal/Docurnent Control DeDut.v:
The StatlOocument Deputy shall gather all completed paper work and confirm that It
has been correcUy and entirely completed. The shall oonfirm that the suspect has no
wantsfwarranls, place the suspects right thumb print on the back of the citation, retum
the suspects property and release him. The StatIDocument deputy will then complete
the statistical form including the suspects name, file number and booking number. The
Stat/Control deputy will be the area supervisor of the booking area ensuring that alllask
are completed properly.
Undercover Units~
The undercover deputies shall be responsible for the Identification of violators. arrest of
suspects and the collection of evidence. All evidence shan be placed in a plastic bag
and labeled with the suspects name and location of arrest.
Marked Patrol UnitS:
The marked patrol units shall assist the undercover units with the arrest of suspects.
and the collection of evidence. The suspects shall be transported to the booking area-
During transport the initial information shall be completed an the citation and given to
the booking deputies which will include:
. Name
. DOB
. Location of arrest
Time of arrest
. File number
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If any criminal inciderrts occur during the investigation/arrest of subjects that are not
related to this operation, it will be immediately handled by personnel assigned to the
operation. After the initial contact has been made and the incident is secure the call will
be assigned to a La Puente Patrol unit
6.+ th.. rnnrh ,,,inn nf th", nnAr::ltinn r1p.nulv oersonnel will resoond to the Command Post
OCT-25-2004 Ol:15PU FROW-
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and assist booking personnel with the booking of suspectsrevidence and the c01\eelion
of reports/cltations-
Cones and barricades to secure the Command Post will be provided by the city of La
Puente City Maintenance.
V, ADMINISTRATION
The Operations Commander will be Lt. Murakami.
The Assistant Operations Commander will be Deputy McDaniel.
Laalsti~:
Undercover Vehicles: 4 (To be assigned)
Marked Patrol Units: 6 (To be assigned)
Booking Van: 1 (To be assigned)
Bicycles: 6 (To be assigned)
480 Radios: 20 (To be assigned)
'.-.- Total Sheriffs personnel needs: 23 assigned Deputies
. 1 assigned Sergeant
1 assigned Lieutenant
CommunIcation: (Tactical Frequency will be reserved)
All Departmental reporting procedures are in effect for this event Any noteworthy
incidents involving public officials or use of force by deputy personnel will require
immediate notification to the Incident Commander and subsequent memo.
Support agencies:
Hospitals:
Citrus Valley Medical Center, Queen of the Valley Campus
1115 North Sunset Avenue
West Callina, Ca. 91790
(626) 962-4011
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Whittier Hospital Medical Center
15151 East Janina Drive
Whittier, Ca. 90605
(562) 945-3561
Ambulance:
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American Medical Response
16004 Amar Road
City of Industry, Ca. 91744
(626) 967-5191
Tow Company.
Haddlck's Tow
15120 Valley Boulevard
City of Industry, Ca. 91744
(626) 330-3289
Unless an emergent situation prevails, injured Deputy personnel will be transporled to
Queen of the Valley Hospital for medical treatment. Injured civilians or suspects will be
tranSported paramedic preference for medical tre4ltment.
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