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HomeMy WebLinkAbout11-City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ~~INAL Dept: 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. From: JAMES F. PENMAN City Attorney Date: April 13, 2005 Synopsis of Previous Council Action: Section 8.60.070(P): Ord. MC-I138, 2-18-03; Ord. MC-460, 5-13-1985; Ord. 2884 ~6, 1968. Sections 8.60.130(A) and (C): Ord. MC-I138, 2-18-03; Ord. 2884 ~13, 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 =~d the FY 04-05 b"',a ~ ;"di~t"" ;" th;, ''''ffrepo~ ~ ~ Signature Contact person: Michael Reiter Phone: 5355 Supporting data attached: FUNDING REQUIREMENTS: Staff Reoort Amount: Source: Ward: All Approximatelv $130.000 $100.000 from regulatory fee. Remainder from General Fund Finance: Council Notes: Agenda Item N( :1;:. { { El~/~ 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. Backl!l"ound 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 1). 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 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 approval. 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 8.60.130(A) and (C) to make the ordinance consistent throughout. Overview of proposed changes to the City's Fireworks Ordinance The proposed ordinance includes two key provisions: . 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. 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 ImDact: 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. 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: I. 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. , o o o 1 ORDINANCE NOto lP Y 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 8.60.130(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 injuries 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: 13 14 "8.60.070 Operation of temporary fireworks stand. 15 The sale of fireworks shall not begin before twelve noon on the I st day of July 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. 16 17 18 19 20 "8.60.095 Regulatory fee for licensee. 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 of the 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. 21 22 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 ofthe total gross sales of the fireworks sold in the City by licensees during the period set forth in Section 8.60.070(P). 23 24 25 26 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 27 28 MR/tbm [F.\REITER'.Municipa]\Ordinances'8.60.fireworks.ver.6.0.....1>dJ o o o 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 II II 21 II II 22 II II 23 II II 24 II II 25 II II 26 II II 27 II 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 ofthe invoice. 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. SECTION 3. San Bernardino Municipal Code Section 8.60. 130(A) is amended to now read in its entirety as follows: 8.60.130 Prohibitions on sale and discharge. "A. 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.l30(C) is amended to now read in its entirety as follows: 28 8.60.130 Prohibitions on sale and discharge. "e. 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)." MRltbm [F:\REITERMunicipal\Ordinances\8.60. fireworks. ver.6.0. wpd] -~-I"- o o 16 17 18 19 20 21 22 23 24 25 C 26 27 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.I30(A) AND (C) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ~REWORKS. 1 3 4 5 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the 6 _ day of ,2005, by the following vote, to wit: 7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 LONGVILLE 10 MCGINNIS 11 12 DERRY KELLEY 13 JOHNSON 14 MCCAMMACK 15 City Clerk The foregoing Ordinance is hereby approved this _ day of ,2005. JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN C~1;;ik!l (UjpW By 28 MRltbm [F:\REITER\Municipal\Ordinances\8.60.fireworks.ver.6.0. ....-pd] -1., . , . nEc=:I':'~l CITY OF SAN BERNARD~~i9f\"'( '.,','1 CITY ADMINISTRATOR'S OFFICE I . , ., . I INTEROFFICE MEMORANijl.fNt1 7 ,,~ r, '~ J .. i... ~., J TO: Legislative .:ttrw Committee Fred WiIS~ Administrator 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. Citv 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 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 (Sheriff's deputies) rather than fire department personnel. Information concerning La Puente's enforcement program is contained in Attachments I, 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 I), 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 further 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 . Fireworks Reports and Research - Document Listinl! 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 re:4th 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 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 ofJuly Operations Plan ATTACHMENT #1 ~ City of San Bernardino San Bernardino Police Department Interoffice Memorandum To: Lori Sassoon, Assistant to the City Administrator 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 Fireworks Page 2 of2 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 $17,400. Irm ATTACHMENT #2 COPy FIRE DEPAJn'MEm' FIRt; PItIlV1i:Nl'ION DIVISION L\Ur R. prrza.. PIa c.a DOtJGDvl'llll&-F_~ 200 E....IThird SINO! . Silll BcmanlUlo' CA 9241o-...~ . 909.J84.5:z88' Fax; 909.384-'281 www.ci.san-bemardiJlo.c:a.us ~ I 4111 Of JULY SUMMARY REPORT SAN BERNARDINO CITY FIRE DEPARTMENT EVENT: July 21, 2004 Doug Dupree, Fire Marshal d/J San Bernardino City Fire Department Impact of Safe and Sane and Dangerous Fireworks Used Clnd Possessed During the 4111 of July Holiday Period ' DATE: PREPARED BY: INTRODUCTION: This report contains detailed statistics related to the impact of Safe and Sane and dangerous fireworks on Police Department and Fire Department services. i , I . ! I FIREWORKS COMPLAINT CALLS RECEIVED BY THI: 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 unpennitted area designated In Municipal Code 8.60. These calls for service occurred June 26 - July 4. The majority of calls (176) occurred on JUly 41h. 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 3n:l and 41h of July the Fire Department responded North of the 30 Freeway where fireworks are not permitted. and the Police Department . EMDGIlHCY OPERATIONS' FiIlE \'REVIiImON . DISASI"EIl f'REr,I.llIIDNl'.5S .1'JtAJNING - . ___ .____ ft"'" (nl\t\Lnn" 1'7 1'1(' Page 2 July 4. 2004 responded to calls South of the 30 Freeway. The Polica 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 reliited fire calls occurred July 1 - 6. Most of the fireworks related calls (18) oc:curred on July 411I. 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 aid 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 of the city, and possibly to the mounlains 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 reductlon from last year. . Approximate weight of the confiscated fireworks was 81 pounds. . The Fire Prevention Bureau is wonting with the state Fire Marshal's Office and Sheriff's Department to destroy the confiscated fireworks. Because of various envlronmenlallaws every year the destruction of fireworks becomes . more difficult. Page 3 July 4. 2004 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 OffiGers Inspected the sites prior to the fireworks displays and conducted stand-by during the shows. There were no fires Ignited this year 8S 8 result of these supervised shows; however, at two of the shows cake devices malfunctloned and did not launch properly. At the Rock church a minor injury occurred to a chUd's. ear. The family refused medical aid for the chOd. 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 effectlvely cope with the volume of calls on the July41h. On July gill the Fire Department assembled three teams consisting of two Arson Investigators each, the Police Department responded patrol assigned officers. On July 4tl1, 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 41h. Additionally. four Fire Prevention Officers assisted wfth enforcement activities both days. . Fire Department enforcement activities began at 4:00 PM on July 3111 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. 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. . Fire Department personnel made 128 contacts on July 3111 and 41h. . Because of the magnitlJde 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 Page 4 July 4. 2004 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) . In addition to prc,actlve enforcement, Fire Department units were also dispatched by the Police DepartlTlent 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 several times those of adults. . Most fireworks-related Injuries do not Involve fires that are reported to fire departments. . On a typical 4111 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 hannless. 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. 1_ _. \. ...." ,,, ,"" P:age5 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 wUl be compiling a separate report that wUl rsftect enforcement problems that occurred over the 411I 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 wes cited stated that they thought fireworks. including dangerous, were legal to use in San Bemardino. since they are sold throughout the city. Additionally. those people who possessed safe and sane fireworks North of the 30 Freeway salcl 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 California. 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 DIEigally 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 Department, this in itself contributed to volatile 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. ............._.. ...... nT.", f..AI\Lnn17 yff .fln . . , Page 6 July 4. 2llO<I . 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 concerned that there could be another fire as a result of fireworks. ". _..._ .... ....8........__ ..... A...... 1.....\'-ftn17 'If U'" " ",,,c,,~.' ",...::i',..e...,. _ .';;~::~C:"~ ~.., . ,\";- b'''"' ATTACHMENT #3 SAN BERNARDINO CITY FIRE DEPARTMENT INTEROFFICE MEMORANDUM I' :1"' " ,( 1 From: Judith Valles, Mayor Doug Dupree, Fire Marshal ~ SEP 2 i m4 To: ; Subject: 4th of JulyEnforcement 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 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. Lr<t IOjl) ::;J(m Jt 3 / Again this year, the Fire Department and Police Department did not have the staff to effectively cope with the volume of cans during the holiday. On July 3rd , 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 3rd and 4th. 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. 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 3rd 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 cans 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 4t . 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 ten 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 information. OCT-06-2004 WED 08:14 AM CITY OF CHINO FAX NO, 909 591 682\l.TTACHMENT/4 01 ~hJ-, R ~( h.e.\ "3 'Kif- SI c;~ 1'1 ",,- MEMORANDUM COMMUNITY S~RV1CES DEPARTMENT CITY OF CHINO TO: FROM: SUBJECT: COUNCIL Mi:ETINGDATE: APRIL 6; 2~ MAYOR AND COUNCIL MEMBERS . TINASRAY, C~MUN\TY SERVICES DIRECTO~ '. . . INTRODUCTION OF ORDINANCE NO. 2004.11 - AMENDMENT RELATED TO THE REGULATION OF FIREWORKS. :,,-. . RECOMMENDATION Approve the introduction 01 Ordinance NO~ 2004-11, amending oertain sections of. Chapter 8.12 of the ChinO Municipal COde related to the FBQulatlon of tirewor\alln . . the 'CIty of ClIino, to be reed by number andlitle oi1Iy, andwalvefuither ntIIdIng of the Ofdinance; and apprQprlate SSA,750 for costs associated WIth the fIfe'4Vofks . publiC education and malXetln9 campaign.' , fISCAL IMPACT' Requires an appropn6mn of $39,750 nom the Gen8raI Ft.ind, ,Which will be 'QfIset by revenues generated from the sale of safe .and llanefireworkS. , OCT 12 2004 . '.';." AYI!S: . NOES: ABSeNT: ABSTAIN: . Approved [ I Denied [ J Conlin'*' [ ) TlibIOCl [ 1 . Agenda _ No.: Motlan' Second. file No.: ' CIty ctertc: ,r-' OCT-06-2004 WED 08:15 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 . . BACKGROUND: . As directed by the' City Council at the Oec8mber firewQrks workshop, the . Community Service8 CQmmission has been working wtth the CIty AttQmey's ofIIcEI . on thedrafllng of an amendmenl to the CIty'8 fireworks ordinance. Thl8amendment. . was to incorporate the fdJoWlng changes; which were presented by a. Commission 8ulHXlmmlttee to the full Commission at their February 23 meeting: . o Prohibit It1e po&sesslon. Sale and discharge of tirewQrks e8st or Euclid and south of KmbaH; o . Limit the sale and dlsctiarge.offlreworks to July 2, 3, and 4; . c Cease U1e sale of B8fe and sane tlreworl<8 by 8:00p.m, on July 4; o As~a 10%8Urcharge on the grosS aeleaof. safe and sane finlworka to cover co&ts8ssoclated with. enhenced enforcement; clean-up efforts 8!'1d other July 4th r8tated costs (costa to be bome.by suppllel1l offlmwrta); o . I~te a twO-ller~ administrative fine; $1,000 for the .pIluelsion and discharge of lUegal tlreWorks and $500 for the ,DIegel di8charge of 88fe and sana fireWOrklI; , o Restrict tile diScharge of safe and, sane f1rewoikst& residential zones. ""-11 In . addition to fireworks booth operators, firswOI'k8 vendors ,slBo attended the' 'wi meeting. During the course of di,8cuslllng the propos8d amendmen1B, seVeral suggestions were made by thoee in 'attendance. Because the CommIssion considered Bonte of the suggestions worth further consideration. 8 foltow-:up meeting by ,the Commission sub-commitlee was scheduled. . ISSU.ES/ANAL YSIS: After extensive .dIscu88ion, the sub-c:Ommlttee Submitted the follOwing revisiOl18 to the Communlty Ser:vJces Commission at their March 22meetlOQ: ' , o PrQhiblt the poeeeHion, lIale and dillCharge,or fil1l\lVOrkll south of Kimbel and west of Euclid Avenues ,to the City limits, and south of Merrill and liast of EuClid Avenuea'to the City Itmlls. (As requested. by The Fir:e 0i8trk:t. the modification of the geogrsphic . boundaries' WOIJId 1ncIu~ arees west and east of. EUClId Avenlle. In additlon 'lD the newly. anneXed Ag Preserve. 8f88, th8 a18a lIOuIh of,' Kimball and west of Euclid has dallries, open fields rA grass and a river boltOm area full of tall vegetation which are iaid lD.be a 1Ire problem each y~.)" . . o Permil the dellvery'and Storage of.firewoIb on June 30 beginning at 12:00 ...."I p.m.. and limit the sale land discharge of fireworks to ~Iy 1, 2, 3, and 4; . OCT-06-2004 WED 08:15 AM CITY OF CHINO FAX NO. 909 591 6829 P. 03 r- .r-' r- . COUNCIL MEETING DATE; Apn16, 2004 .. . SUBJECT: Introduction of Ordinance. No. 2004-11 - Amendment Related to the Regulation of Firewor1<s pAGE 3 (The modification of this it&m would give the booth operatorS time to set up thlllr. booths and an additional day of sales, which .w<iuJd, greatlY enhance their. net profits. The current sale8 period is 7 days; the proposed salea period would be 4 days with time aUoW8!l for bOOth set. . up.) . . o cease the sales of f1rewor1<s by 9:00 p.m. on JulY 4. (The modllication of this Item wou\ci. giVll consumers an opportul'lity to purchase fireworks until nightfall, which during this 'time of year is app(OXirnatelY 9:00p.m.) . . . . o Assess a 10% surcharge on the gross 88\ea of safe and sane flreWOrk8 to boo1h operators in . order . to cover c:lO&ts a&aociated With enhanced. . enforcement, a. public educationlmar1<etIng campaign; dean-up et'lOrtS end . other July 4" related CQSts. .. . . c Institute a twO-tleracf administrative fine; $1,000. for the poIEltMi'llioi'i and discharge of ilega1 fItewOrKs and $500 for the illegal discharge of safe an4 sane f1rewoi1a;; . . c Restrict the discharge of safe.and sane fireworks to residential zones. M prepared by Assistant City Attorney Arturo Fierro,. attached is theordinanc8. to address the propollecl changes tottle 9lty's fll1!WOr1<s ordinance. In order to begin the public education and marketing campaign, an epproprlat\on of funds in the amount of $39,750 will be required. These monies will fund seNlces including the advertising concept, design, copy and~ra.re8dy.art; billboard dllSlgn and prln~ng, and advertisement p1aoemeot.wlth the med~ and the billbOard company. Distribution of approximately 30,'O!lO flyers through utility bRllnsertlons and for hancklut at the, 'firewor1<& booths will occur, along with atrategicany locating 500 posten in businesses and public buDdings throughout the City; informing the public Of .the 0irNI regulatiOns. . Further, a media campaign ~ include press releases and adVel1islng in theCtlino Champion. CaDy Bulletin and,L.a Pran88 Newspapers) wIII,8Ilio. place. .The City Will also run adverUslng on.the local QCIII8IM18nt access Channel and .., City'e web site, announcing the new regulations, Finally. approximat8ly .80 signs wIiI be posted at various City entry points. and publlcpar'\l8. The campaign.18 6Cl1eduIed to . begin in late April, These costs, as well as personnel-related costS (see AlIaCttment 1). . will be offset by revenue gEinenlted throUgh the assessment of a 10% s~rge on the' . gross sales of the tirewor1<s and be borne by the consUmer.. TS~kr Attachment OCT-06-2004 WED 08:16 AM CITY OF CHINO FAX NO. 909 591 6829 P. 04 Attachment 1 UPDATED FIREWORKS ORDINANCE IMPLEMENTATION COST ANAL YIIS Enhanood Police Enforcement: . Finance and Public WorkB Staff Coat Recovely. (Includes pennlt 18susnce, lnstaRatlon of park and city entrance "No. Flreworka Permitted" ligns, reconciliation of surcharge fee, etc.) , Enhanced Fire Persqnnel presence SubtOtal: EducatiOnJMarketing Campaign a. Ad concept, design,. copy & camera ready art. biIIbQard Design and.printing, ad pIace~wiIh m8dIa and . billboard company............ ........................, ............ ....... $7,500 b. Printing of 17,OOO.fIyers for utility bIOs ...... ..........,............ $2,150 c, Prlntingaf14,OOOflyet&forboothdlstnbution.......;............ $1,550 . d. Printing of 11",x.17" pOate1'8 (500) ...............~................. $1,050 e. NlfNspaper advertising (112 page advertisement) . Chino Champion (2 times}......... ............".......... ;..... $2,!300 Daily Bulletin (3 timeS) ... ....~. ............. .:.....:............... $8,850 La PrenslI(Spani&h Newspap<<- 31imes) .............. $2,800. f. BDlboard (Central Avenue 13 weeks) ........................ ...... $2,700 g. City entrance (18) and Pal'1t (42) "No FireWOrks Permmed"slgns .....:.........:................ S10.~ 5u~0Ul1: TOTAL: .. Increase in booth fee levied by Fire DIsti1ct 'anticipated. -..,I $36,000 $11..000 0- $47,000 -...J 539.750 $86,750 ....." ......~....... . , 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 defined by Section 12529 of the Health and Safety Code of the State of California by consumers shall be permitted within the City during the period beginning at noon on the 111 day of July and ending by midnight on the 4th 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 permitted 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 111 day of July and ending at 9:00 p.m. on the 41h of July 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. j Ordinance No. 2004-11 Page 2 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, lind 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 as'sessment 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 oflGmball Avenue and west of Euclid Avenue to the City limits, south of Merrill Avenue Ordinance No. 2004-11 Page 3 'lJld east of Euclid Avenue to the City limits. In addition to any other penalties provided by law, my 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. 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 determined 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., tl-- ' (\ APPROVED AND ADOPTED THIS ~ DAY OF~ 2004. ) By. ~i;;'il1)M4' UNICE . ULLOA, MAYOR ATIEST: ~~ Ordinance No. 2004-11 Page 4 ( STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF CHINO ) ) 55. ) 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 'JJ)~ day of ~ 2004 by the following vote: AYES: COUNCILMEMBERS:" ULLOA, DUNCAN, ELROD, HAUGHEY, YATES NOES: COUNCn.MEMBERS: NONE ABSENT: COUNCn.MEMBERS: NONE By: ;.< 11+-"'-_ -:1~~"" I S)~ t"l ~ Lenna 1. T~ity Fireworks Page 2 of2 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 $17,400. Irm 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. Klettenberg From: '~" Vince Padilla, Auxiliary Resources Coordinator W Subject: CHINO FIREWORK ORDINANCE Date: October 12, 2004 Copies: On Tuesday, October 12, 2004, I drove to Chino PD and picked up information provided by LT Mike Johnson, Patrol Bureau (Chino PD's 4th of July Event Coordinator 2004). L T 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 1 Advance Public Education Campaign - The City of Chino Community Services Department contracted with a marketing firm, 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 until 2100 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. THE SBPD IS COMMITI'ED TO PROVIDING, PROGRESSIVE QUALITY POllCE SERVICE; A SAFE ENVIRONMENJ'TOIMPROVE THE QUAll1YOF UFE; A REDUCITONIN <lUME 1HROUGHPROBLEM REOJGNlTION AND PROBLEM SOLVING , Page 2 Fines for possession and/or use of illegal fireworks were increased to $1,000.00. Fines for discharging safe and sane fireworks in a restricted area were set at $500.00. Changes 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 (I) 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 88 30 20 (including 3 reserve officers) 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 Sergeant 88.00 $5,221.54 Lieutenant 50.00 $3,555.00 Civilian 186.50 $3,427.17 TOTALS 735.50 $29,691.70 STATISTICAL SUMMARY Total calls for service 628 (a 44% increase from 435 calls in 2003) Firework calls 286 (a 61 % increase from 177 calls in 2003) Priority 1 ResDonse Times Normal (Jan-May 2004) 5:21 July 4th 4:56 Reduction: 25 seconds Calls Pending (holding) between 2000-2300 hours: 40 (average during the period) Fireworks Citations issued: 107 Possession/use of illegal fireworks 104 Discharge of safe and sane in restricted area 2 Discharge in Unincorporated area 1 Arrests = 18 Overall Chino PD deemed their Operational Plan a success. r . 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S. c: CD c:CD !3' " ~g ~ to . 3 -", g ~ CD s,c: 11 3 S':g "'I 5' CD -. ",.. - ...... ~ Co. " ~51 ? :e g,~ 0 c: :>. 0: (fi2 g :J ciil' , a <. !l ~ e" iii"O CD _.~ 0-. 01 "" e" -- CD 0::T co CD 0 CD'" _c: 3 6'~ CD ~ :r s. 0 01'" c: ;0' ~ c:" a 3" ::T e"CD CD CD CD ~ :-'~ 0 S!: a. <is. 01 " !!!. a. 6. S' " CD '" - iil' 0 !l e" 0 S' S' 01 - 1:) :e 01 - CD 2- a. 0 01 " '"tI ::> " .... ;j a. I>> ..., ~ :::s IV ::> 0 ~ ...., IV ATTACHMENT *7 ) <o\:c--:" ~ J~\." Y ""Iffl \ ,~~.. V-.,. ./~ ""'lc'.' . /< ' """~" . ,; ; ..r... rl"~"-f ~:~"~\' ~ .1:(,~,";.1~'i 1~'~"'11 '$,' ,-. ~, I \\. ~.. ,I ~., '\~'!j ..:.~ " ~'\~,,~~t- ~,~~ Chino Police Department Patrol Bureau MEMORANDUM OCT 1 4 2004 Offic. of the Chi.f of Polic. Eug.", J. Hernandez Mike JOMsO/l, Li.utenant 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 ISland 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 Avenue. 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. ~.JJ'e, the member." ofthfJ Chino Po!i('1! Depanment, are dedicalf!d to the sajety afour commrmity t/rrough teamwork ulld problem-solving partnerships: pr<}1:iding excellent sen'ice with digni~v and re.\pec/. ., ) 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 I 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. AFfER ACTION INFORMATION Informal debriefmgs were held to review and critique the 2004 holiday deploy.ment. The ) following items were discussed: Radio Dispatch I Ooerational 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 Suoervision 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. \ ) '. ri/e, the nlemb(;'1's of/he Chino Police DepcJJ"tment, are dedicated to the safety of our commrmity through team",,'orJc and p,.oblem~.wlvillg partnerships: providing excellent sen-ice wit/z digni~v and rf~spe(;(. .. Officer Safety Issues ") Officers were deployed in two-officer teams, with the exception of K-9, motor and supervisor units. lbis method of deployment provided the enforcement teams the ability to make safer contacts with inebriated customers, and to safely conduct enforcement actions. lbis method of deployment 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 4111, 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 tearns 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 jntake 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 fireworks processing. Headauarters Comoonent 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 calls 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 Camoaign 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. ) hJVt. the member.\' of lht! Chino Police Department. ure dedkllled to the safety III our c:ommrl1lify through teamwork. lJnd problem-solving partnerships: pr()'l,'iding exc(!l!enf ser\'ice wilh dignity and ff'SfJ(!c/. " " OFFICER INJURIES ') None OPERATIONAL DAMAGE None PERSONNEL (Refer to attached operations overview for specifics) Maximum deployment = 138 Sworn Officers Civilian Support Police Volunteers (Includes 3 Reserve Officers) 88 30 20 OVERTIME EXPENSES Total $ 29,691.70 (Salary only) ) CLASSIFICATION OVERTIME HOURS COST - Police Officer 286.25 $ 11,857.21 Comoral 114.75 $ 5,630,78 SeIlzeant 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 ) hJJ'e, the members of/he Chino Police Department. are dedicated fo the safety of our commu"ity through /f!nm\.'/ork and problem-so/",,"ing partnerships: providing excellent sen'ice with digni/y and resped. .. -) 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 ResDonse Times . Normal (Jan-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 104 . Discharge of Safe & Sane in Restricted Area 2 . Discharge in Unincorporated Area 1 Arrests = 18 ) .. We, the member.. of the Chino Police DeparTment, are dedicoled To the safely of our comml/nily IIu-ol/gh teamwork ulld problem-solving partnership.\': prO\:iding t!XceJ/ent sen'ice with digni(v and respect. .. ) ) :...."6ziS!::...,,,.-... - .. n" zl!: ,. pn . ~i ..- -,.. ~~ 0,. c . f ~~ ~ ,. z-- ,...0 000 00 n-- ~CftOl "00 a-- V. . 0.00 . .. 0.... ClNO ~;'_.__,.~....h.' .,". :,,: \ ) i( .. n "'ll = ~C"~ 12 ~ t" ~iil n ~z . $ 1E -c., m... 0 ,.. = c: % rn o % .,.r.l 01-1 ,..~ n< '" 00 ;~ ~ :IlIr.l i!= "'1-1 z2: -40 ~ . ) " ) y ATTACHMENT # 8 OCT 1 4 2004 CHINO POLICE DEPARTMENT MULTI-AGENCY FIREWORKS ENFORCEMENT OPERATIONS PLAN 2004 Chino Police Department Eugene J. Hernandez Chief of Police July 4, 2004 Presented By: Lieutenant MiU Johnson Patrol Bureau Commander ,;lWC. the memhers qfrlle Chino Police Departllumt, art! tledictlTed to the sa.fi.~ty (~r(}ur community through tenml1'ork anti problem-solt.jug partnerships; prvvidillg excel/em ser\lict' with dignity wid respCCI. Of 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. Steo I - Advance Public Education Camoail!l1 ) The City of Chino Community Services Department contracted with a marketing firm., 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 Central, 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 offJreworks prohibited signs at city parks . Posting of educational information on cable television channel . Posting of education information on the intemet (City of Chino and Police Department) . July 4th - Distribution of 2,000 bilingual flyers at city parks by police volunteers Steo 2 - Enforcement Camoail!l1 Deploy nine (9) three-person Fireworks Enforcement Teams in unmarked vehicles to enforce fireworks 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 3rd. 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. j 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. the members of the Chino Pulice Dli!pul1mem, are dedicated IV the sajety of our commuHity rlwollgh teamwoik und p/,(Jblem.so/ving pul'merships: prm:;cJ;ng E7ce/lenl ser\'ict! with dignily and re..'ipe.::/. " Onerational 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 1 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 ofWalnu~Avenue Onerational Area Staffml!: Confil!:Urations ) . 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 - Channell CPD - Channel 2 CPD - Channel 3 CPD - Event CPD-TAC 1 CPD-TAC2 Area 1 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 Denlovment Briefinl!:s 1200 hours 1300 hours 1500 hours 1600 hours 1700 hours 1830 hours Cover Shift Patrol! Prado & Ayala Park Teams Community Support Team! Police Explorers Park Teams! Evidence Unit! Field Cadets Command Elements! Swing Shift Patrol! Motor Units! Jail Ops! K-9! PSO's Fireworks Enforcement Teams Grave Shift Patrol "We, the member" of/he Chino Police Del'<lrtmenl, are dedicated to Ihe safd)' "faur eomm'lIIit)' tlwollghte{/mwlJrk und problem-solving partnerships: prv\'iding excellent :~en'ice wilh dignilY and respect. .. Police Field Deolovment Timeline - July 4th. 2004 ) 1200 hours Cover Shift Patrol Briefing (1200 - 2400 hours) Prado & Ayala Park Teams Briefings (1200 - 2300 hours) Mounted Enforcement Team & Posse Briefing (1100 -2200 hours) CPOA I CPMA BBQ starts @ PD south lot 1300 hours Community Support Team Briefing (1300 - 1600 hours) 1500 hours All Other Park Fireworks Enforcement Teams (1500 - 2300 hours) Yellowstone Circle Tract Enforcement Team (1500 - 2300 hours) Evidence Unit (1500 - 0100 hours) Field Cadets . (1500-2400 hours) 1600 hours Command Element Briefing (1600 - 2400 hours) Swing Shift Patrol Briefing (1600 - 0400 hours) Motor Unit Briefing (1600 - 2400 hours) K-9 Team Briefing (1600 - 0400 hours) Jail Operations Briefing (1600 -2400 hours) Field PSO's (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 y 0400 hours Swing Shift officers secure K-9 Teams secure "We, (hr;' nlembc-.'rs of the Chino Pulicl? 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N 0 0 <::> 0 I I I I I I I 1 I I I I I I I I I I I -... 0 0 0 <::> 0 0 0 <::> 0 8 <::> 8 0 0 - 0 <::> 8 0 Eo-o <::> 0 0 0 0 <::> 0 <::> 0 0 0 <::> 0 0 0 0 0 - N '" .., .... \0 .... 00 0\ <::> - N '" 0 - N '" .., - - - - - - - - - - .... N N N 0 <::> 0 0 <::> 5 :5 ~ <>:: .... c c '" ....; .?;. .:; Julv 4th Deolovment - 2004 '1-0TE: 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 0615 hours on July 5th. Note that Grave shift patrol will secure at 0630 hours on the morning of July -Sth. Day shift patrol's primary focus will be handling routine patrol and calls for service. Dav Shift Patrol 0615 - 1700 hours 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 J' Area 1 West of Central. North of Walnut. East of Central. North of Riverside lieutenant Beckman Sergeant McMullin Sergeant Stubbs K-91 Officer McIver Motor Officer Olteanu PSO Dabelstein 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 'j West of Central. South of Walnut Lieutenant Calverley Sergeant Florentine Sergeant Foster Motor Officer Mensen PSO Ekstrom Cadet Gray Cadet Alatorre 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 1830 - 0630 hours 1200 - 2400 hours 1600 - 2400 hours 1600 - 2400 hours 1500 - 2400 hours 1500 - 2400 hours 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 Posse Members (12) Communitv SUDDort 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 A vitea Cadet DeBellis Jail Ooerations .0) The purpose 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 Officer Pizzati Officer George Officer Stueland Cadet Stewart, A Cadet Stewart, A Briefinlzs 1200 hours 1300 hours 1500 hours 1600 hours ) 1700 hours 1830 hours 1600 - 2400 hours Booking (Holding Facility) Transportation Van Transportation Van Booking (Holding Facility) Booking (Holding Facility) Cover Shift Patrol! Prado & Ayala Park Teams Community Support Team! Police Explorers All Other Park Teams! Evidence Unit! Field Cadets Command Elements! Swing Shift Patrol/Motor Units! Jail Ops! K-9 Teams! PSO's Fireworks Enforcement Teams Grave Shift Patrol Prado Relrional Park 1200 - 2300 hours Arporal Burton Officer Bassett Officer Cloke Officer Perez A vala Park 1200 - 2300 hours Corporal Jones, M. (Quad) Corporal Van Arsdell (Quad) Officer Covington Officer Jarrett Libertv Park 1500 - 2300 hours Corporal Whitworth Officer Kato Officer MacKay Officer McKee Mountain View Park 1500 - 2300 hours _ Corporal Schweitzer' pfficer Lombard Cvoress Trails Park 1500 - 2300 hours Officer Girgle Officer Menendez HeritalZe Park 1500 - 2300 hours Corporal Falcon Officer Weinstein YelIowstone Tract 1500 - 2300 hours Corporal Simmons Officer Hopsiter Officer Marotta Officer Remender Fireworks Enforcement Teams 1700 - 2400 hours Area 1 Officer Villaran 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~e1 working in support of the enforcement operation. Persons invited include police staff, fire staff, city staff, sheriffs staff, volunteers and dignitaries. The City of Chino BBQ Trailer will 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 Between 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 II Hoffman PSD II Shull PSD II Vargas PSD II Mejia PSD II Quintanilla PSD II DeLaTorre PSD II Konieczko Radio Channels )CPD - Channell CPD - Channel 2 CPD - Channel 3 CPD - Event CPD-TAC 1 CPD-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 ATTACHMENT # 9 INTEROFFICE MEMORANDUM CITY OF SAN BERNARDINO CITY CLERK'S OFFICE OCT 4 2004 "J TO: Lori Sassoon, Assistant City Administrator Rachel G. Clark, City Cler(;~ /"J. CJ...~./J~ October 4, 2004 FROM: DATE: RE: Fireworks COPIES: 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 Rialto Santa Ana Cities Charging "surcharge" or "fee" intended to defrav enforcement costs: 3 1. 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 I. 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 ofsafe 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 offees; 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 ATTACHMENT # 10 Adopted: February 18, 2003 Effective: March 21, 2003 1 ORDINANCE NO. He-Il38 2 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 OF THE 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 in its entirety to read as follows: 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 8 9 10 12 13 14 15 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: 28 HFJcjfFireworkthree) 1 I MC-l'l38 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 A. That area within the City lying north of a line extending from the west City limits at Highland Avenue to the east City limits and bounded on the south side by streets and highways as follows: 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 m0st 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. 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 weston the 210 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. 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. 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. 25 24 8.60.015 Sale of Fireworks to Minors Prohibited; Identification Required. The sale of fireworks to anyone under the age of 1 B is prohibited. A valid form of 26 identification is required at time of purchase. 27 28 HE/CJ[FirCW{"lrkthrt:el 2 , 'KC-1l38 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. 3 8.60.020 License - Required. 4 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 5 having first applied for and received a license from the City Clerk. 6 8.60.030 License - Application - Public liability insurance. 7 8 9 10 II All applications for a license to sell fireworks shall: 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; 12 I" ~ 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; 14 15 16 17 18 19 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. 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. 21 22 23 24 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; 25 26 27 '>. F. Have attached a completed financial statement form that describes anticipated 28 \ H [/eil F treworkthree I " ~ MC-1l38 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. 2 3 revenues, expenses, and profits. Such form will be provided by the City Clerk's Office 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. 4 5 6 7 8.60.040 License - Notice of granting or rejection. 8 9 Applicants for any such license shall be notified by the City Clerk's office by April 151h of the granting or rejection of such application for a license. No license shall be issued if the 10 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. 12 The decision of the Mayor and Common Council shall be final. 11 ] 3 8.60.050 License - Prerequisites to issuance. 14 The following qualifications must be met by each applicant for a license issued under this 15 Chapter: 16 17 18 19 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). 20 21 B. 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. 27 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. 22 23 24 25 26 28 \ HE/cjl F lrc\\'orkthre~ J 4 , Me-il38 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. , ~ D, 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, 4 5 6 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 joint venture(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 arranger!1<!nts have been made to preclude future violations. 9 10 II 12 13 14 15 16 17 8.60.060 Suspension of license - Appeal procedure. 18 19 20 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. 21 22 7' -., 24 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 HE/c,i[FlrCWClrkthrcc) 5 25 26 '27 28 . MC...1l38 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. 3 4 held within one month after the request for hearing, which request must be made within 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. 5 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 ea<;: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 13 14 B. 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. 15 16 17 18 19 20 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 in/on the stands stating that no person under eighteen years of age shall be permitted in the stand. 21 E. No person shall consume alcoholic beverages within twenty-five feet of any stand. 22 23 24 F. An emergency contact telephone number shall be posted on the exterior and interior surfaces of all exit doors. 25 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. 26 27 H. No fireworks stand shall be located within twenty-five feet of any other building nor within one hundred feet of any gasoline pump. 28 \ HE/c,li F in:workthn:c 1 6 . HC-'1l38 2 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 priorto commencing storage or sales of fireworks therein. 5 6 7 8 9 10 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% 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 14 15 16 17 18 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. 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. 23 24 25 R. All unsold stock and accompanying litter shall be removed from the location by five p.m. on the 5th day of July. 26 27 28 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. II ElCJ[F lreworl.:thn."C J 7 lI:C-H38 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. , J 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 5 deposit, certificate of deposit or a surety bond posted by the fireworks supplier and made 6 payable to the City in the amount ofthree hundred dollars ($300.00) to ensure compliance with the provisions of this Chapter. Such deposit or certificate shall be refundable upon 7 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 9 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 10 fireworks supplier and his/her surety and the deposit, certificate or bond. 11 8.60.090 License tax. 12 As set by Ordinance No. 2884, the license tax for the selling of fireworks within the City 13 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. 14 8.60.100 Temporary sales tax permit required. 15 16 Applicants licensed for the selling of fireworks are required to obtain a temporary sales tax permit from the State Board of Equalization. 17 18 8.60.110 Display of license and sales tax permit. 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 The use of fireworks in the City shall be limited to private property except as otherwise 22 provided in this Chapter. No fireworks shall be discharged on public or private unpaved 23 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 24 approved by the Fire Chief. 25 8.60.130 Prohibitions on sale and discharge. 26 28 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 28'h day of June to midnight on the 4'h day of July. 27 H F./CJI F lrt:workthrce J 8 KC-llJ8 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS. , j 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 7 8 9 10 11 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 28th day of June to midnight on the 4'h day of July. 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, explode, project, or otherwise fire or make use of any fireworks within ten feet of any resident dwelling or other structure used as a place of habitation by human beings. 12 8.60.140 Reference to determination of safe and sane fireworks. 13 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. 14 15 16 17 18 19 8.60.150 Violation - Penalty. 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. 20 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. 8.60.160 Financial Reporting 21 22 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 25 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 27 of fireworks the following year either as an individual licensee or as a member of a joint 28 venture. H E/c.l[ F lreworkthrcc I 9 KC-1l38 I AN 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 reRular 5 meeting thereof, 7 held on the 18thday of 8 COUNCIL MEMBERS: 9 ESTRADA 10 LONGVILLE II 12 MCGINNIS 13 DERRY 14 SUAREZ 15 ANDERSON 16 MC CAMMACK 17 February , 2003, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT x x x x x x x 18 19 20 21 22 23 c~~. City lerk ( :) ~.Jc- 24 Approved as to form and legal content: The foregoing Ordinance is hereby approved this 19t1dayof February n ' '. /'/,/" ./ -'~:' I '- '---' '-,. L C:z..- -, / JL{DltH VALLES, Mayor ;/ ~Ity of San Bernardino " ,2003. 25 JAMES F. PENMAN 26 City Attorney 27 28 .!~ 10 ~'" ilL UJ O~ 0::", c..... ....0 .w ~'i!- >- c:: <( ::E ::E ::I lI) lI) I- Z w ::E w ~ l- ll) -I <( U z <( z ii: lI) ~ c:: o :J: w c:: ii: ... ii: o 0:: c.. ... w Z '" o::W W'" J:Z ...W oc.. X W 00:: ...!!! C~ <~ c..", ATTACHMENT # 11 rr~. ~~~~ rft";f..?f!. cf.~ ~~~~~~'4~~ ii?f!. rf..rft rft";f.. ?f!.~~~~rft rft ~~mM~~ID~roNM-N~oromNmoWM~-~'m~~-ID-~'.mro r__NM_M~MMMMM~-NMNN_--NN~M~- MN_NNN - '# t "' " "'. ~v :~; n ~ :~m~omroN__o~~;IONNN;:~~O~~~~~OIDON:: ~ q ~ tC! r--: q CC! C'! "": ~ CC! 0 MI,.... a co M ,..... a a f'oo.. NOM,..... <.0 ,..... 0 co a to a 0 ,.... 0 ll) aNN N to N M M ui tcirtci;cci cO N ....: ....: cri ai ui ci r--: ui ci r--: ,...: ex> to to ~ ai M ~~~~~~~~~~~~~~~~:~~~~~~~~~~~~~~co~~ w~~~m~mN~~~~ol~I~~m~~~N~~o~w~ N~~NW~ ,.... __N__ -r N-"- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~w~ 0 III ID O'<tlll 0 NO~ ~OO (\IDIOm Or---OMOr--. ~ N 0 . O~ID . 0 , NONtO,....O l'om-.:t . 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M '<t "0 ai ~ '" '" '" '5 ,.: ~ ~ c ~ t; 1l M "2 CD ~ u:i > It) 2 .. 0 N c: ~ It) E o. ~ J! '" ... -!: ~ o .~ o ~ "' 1 'dl '" !J c ~ E ~ ~ ~ ~ j:J 2 0; l.;:. ~ n '" ~ c "' ~ g~ o .c e "0 ~ .~ .B'=a. .. E ~ 8 ...J ~ o ... OCT-Z5-Z004 03:15PM FROM- T-141 P.0011007 F-079 ATTACHMENT # 12 '-.../ QuICK 11 From: COJDojj[ .... - ....... """"' OPERATIONS PLAN 'a;. ~~\r-' - . . ....-",; ~. '.~;::" CITY OF LA PUENTE 4TH OF- JUtY'-SATURA liON 2004 ~ Prepared by : Deputy Charles McDaniel DepUty Jose Ganoia Reviewed by: Ueutenant Tim Murakami Approved by: Captain Mike Smith I. SrTUATION '-........ OCT-Z5-Z004 03:16PM FROM- T-141 P.007IOo7 F-078 ~ I. SITUATION ,~' During the days prior to and immediately foRowing the 4'11> of July, the City of La Puente has an elCC88llive amount of illegal fireworks being ignited throughout the city. M a result of these Illegal fireworks which include. aerial and explosille types, the City of La Puente haS enacted a new city ordinance prohibiting the use of all Dlegal flrewmlal and .Safe and Sane" fireWOrks with the exception of the 4'" of July. II. MISSiON To ensure the safety of the citizens of La Puente by deterring the use of l11egal fireworks, utilizing proactive measures to Identify and arrest violators. III. CONCEPT OF OPERATION The City of La Puente will be divided into three sectors. In each of the seclOfS an undercover vehicle and two marked patrol vehicles shall be BSligned. The undercover vehlcles and patrol units will attempt to Iocat$ areas where megal flrework are being used. Once violators have been located, the undercover vehicle will park and attempt to identify suspects. Upon 1Ierlllcation of v1olato~ 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 fIraworks shall.be recovered and held for evidence. The marked patrol unit will transport susped(s) to a predesignated area. The second patrol unit will continue to locats problem areas and not respond to the primary location except in emergent situations. As a result of this, the secondary marked 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. (EastlWeat), and Amar Rd to Nelson Ave, (North/South). Sector 2: will be from Unruh Ave to Glandora AVf4 ,(EasWVest), and Nelsan Ave to Fairgrove Ave, (North/South) including ths area North of Templs Ave to Greycllff Ave on the East Sector 3: will be from Glendora Ave to Azusa Ava. (EastlWest), and Old Valley 81 to Temple Ave (North/South). All susped:S arrested shall be transported to La Puente City Hall where they wiD be checked via wantslwarrants, field cite released or detained pending booking at Industly Station. All personnel shall wear class "A", or class "B" uniform, long or short sleeve, with a uniform patrol jacket. helmet and flashlight available. Each deputy shall wear their protective vest, standard Sam Browne and Department approvecl baton. Undercover deputies shall wear appropriate oivilian attire including protective vests. ,. .. OCT-25-2004 03:16PM FROM- T-141 P.006/00T F-OT8 ......... .-- .,~ IV. exeCUTION The Incident Commander of the operation will be U. Murakami. Industry SIation Personnel will be the primary Ill$ponse force If needed. In the event of . 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 Iot). located at 15900 Main St La Puente. Deputy C. McDaniel will be the secondary Incident Commander of the event and shall be responllble for tactical plaMing, personnel deployment, Iogistlcal needs and filing of criminal complaints. All Department personnel assigned to work this event will report at their assignment at the hours Indicated. July 4lh. 2003 1800 to 0200 hours MEA 1 Unden:over Vehicle: Unit 143F Deputy (Not Riled) Deputy {Not Filled) ~ Deputy (Not FlIIed) Deputy (Not Filled) P~I Unit 143~1 Deputy (Not Filled) Deputy (Not Filled) ABiAl UndercoverVehlele: Unit 143F1 Deputy (Not Filled) Deputy (Not Filled) Patrol U.,lt 143E2 Deputy (Not FRied) Deputy (Not Filled) e..trol Unit 143E3 Deputy (Not F~1ed) Deputy (Not Filled) aR!A 3 Undercover V.hiels: 143F2 OCT-25-2004 03:15PM FROM- ....-.. T-141 P.005/00T F-OTe Deputy (Not Fmed) Deputy (Not Filled) Patrol ",nit 143E4 Deputy (Not Filled) Deputy (Not Riled) pgoI Unit 143E~ DeP.uty (Not Fined) Deputy (Not Filled) The La Puente Team Will also utilize bleycles, (If needed), In an effort to gain aecus to areas where a rapid, \ow visibnity approach Will result in idenlltlcationlarrest of suspects. Bicycle Patrol: Unit 1438 Deputy (Not Filled) Deputy (Not Filled) Unit 143B1 Deputy (Not Filled) Deputy (Not Riled) ~: (Command Post) .'-. Deputy (Not Filled) *Booklng Deputy (Not Filled) *Booking Deputy (Not Filled) *BookIng Deputy (Not Filled) *Booking Deputy (Not Filled) "Responelble for evidence handling digital photos. Deputy (Not Filled) *R8sponslble for the collection of .11 citations/reports. ISlna DeDutiH: It will be the responsibility of the booking deputies to provide security of the booking area, complete booking packages, Issue citations. ch_ suspects via wantslwarrants. photograph suspects/evidence, keep statistical infonnation. The transporting deputies shall drop the suspect{s)/cilation(s} off at the booking area. The suspects Will be searched and all property removed from their pereon. 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 booklng package and citation which includes. . Positive Id . WantslWarrant check . Citation . Issuance of booking number OCT-25-2004 03:15PW FROM- T-141 P,004/007 F-078 . .. '- There will be four deputies assigned to the task of handling suspects and completing the above items. There will be two additional deputie$ assigned to the booking area who will be ta5ked with control/photograph evidence and the handling of all paperwor1<. Contr~ EllIdeQSllPhotftllraDh The deputy assigned to the Control of EvidencelPhotographs shallllS$lst the transporting deputies wlth the removal of -evidence from the petrol unit .nd ll8CLIrily of the suspect(s). A photograph of the suspect including evidence shaH be taken upon arrival at the booking area. The photograph shall include the susp8Ot, evidence and the file number assigned. ( The transporting unit shall draw the appmpr\ale file numbers). The deputy shall then place the seized evidence in the secure collection area where It will be later destroyed. st;atlstl98lJDocum~"t Control DttDutv: The statJDocument Deputy shallllather all completed paper work and confirm that It has been colTeClly and entirely completed. The shall confirm that the suspect has no wantslwarrants. place the suspects right thumb print on the back of the citation, retum the suspects property 11M release him. The StatlDacument deputy will then complete the statistical form including the sLllp8ClS name, file number and booking number. The 51atIControl deputy will be the area supervleor of the booking area ensuring that all task are co"!'P1eted 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 placeclln a plastic bag and labeled with the suspects name and location of arrest. Marked Patrol UnItS: The maJked patrol units ,hallaasist the undercover units with the al'l'l!l&t of suspects' and the collection of evidence. The suspects shall be transported to the booking area. During transport the Initial information shall be completed on the Citation and given to the booking deputies which will include: . Name . DOB . location of arrest . Time of arrest . FOe number ..._~. If any criminal incidents occur during the investigation/arrest of subjects that are not related to this operation. It wiD be immediately handled by personnel asaigned 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 At fh.. ""n"",~lnn nf tN:> nnAratlnn dPlnutv Dersonnel will resoond to the Command Post OCT-25-2004 03:15PM FROM- T-141 P.OOS/OOT F-OT8 . ,.- , . "..--' and assist booking personnel with the booking of suspectsfevldence and the collection of reports/citations. Cone$ 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 Operatlofl$ Commander will be Deputy McDaniel. L.oCllstl~ Undercover Vehicles: 4 (To be assigned) Marked Patrol Units: 6 (To be assigned) Booking Van: 1 (To be assigned) Bicyclll8: 6 (To be assigned) 480 Radios: 20 (To be assigned) "'-.- Total Sherift'$ personnel needs: 23 assigned Deputies 1 assigned Sergeant 1 assigned Lieutenant CommunlGation: (Tactical Frequency wlll 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 win require immediate notification to the Incident Commander and subsequent memo. Support agenci..: Hospitals: Citrus Valley Medical Center. Queen of the Valley Campus 1115 North Sunset Avenue West Covina, Ca. 91790 (626) 962-4011 ....r Whittler Hospital Medical Center 15151 East Janlne Drive Whittier. Ca. 90605 (582) 945-3561 Ambulance: OCT-25-2004 03:15PW FRQW- T-141 P.002/00T F-OT8 >> American Medical Response 16004 Amar Road City of Industry, Ca. 91744 (626) 967.5191 Tow Company; Haddlck'$ Tow 15120 Valley Boulevard City of Industry, Ca. 91744 (626) 330-3289 Unless an emergent situation prevails, injured Deputy personnel wiD be transported to Queen of the Valley Hospital for mediCllI treatment. Injured civilians or suspects will be transported paramedio preference for medical treatment. ~. -"."'" " . ..' . _ . .1IJUI.J.D1.C A . .~~ ) * *"f'QR OFFICE USE ONLY - NOT-A PUBLIC' DOCUMENT**""~'" . _Sit~ - . " ,-:~'i~~~~::':~'- --:; -- ,~:~fl..:r? .,,: '-:-~~~f':':- -'::-~~~~[_'>,,-- _.'~, ;{}T:?~~}:t;\~:' ::.??~~~~1~~~~~"+~1?H?;;- -, .'.cC'- . CITY OF SAN BERNARDINO :'CITv CLERK'S OFFIC:E.-':;~,w'~-"~"'J> .. . . '. "",'. . RECORDS Be INFORMATION MANAGEMENT PROGRAM <",..~.... AGENDA ITEM TRACKING FORM Meeting Date/Date Adopted: ~ / l / OS Item No. / I Resolution/Ordinance No. Me - / (9 .s; Ordinance Urgency: Yes I~ Effeaive Date: '1i~/o S- Termination/Sunset Date: ~ Vote: Ayes: / - 7 Nays:....:9- Abstain; p.-- Absent: () Date Sent to Mayor: .5:/"3/ () c:;- Date Returned from Mayor: ~ - '/- o.S; Date of Mayor's Signature: /5'- L/- 6:S' Date of Clerk's Signature: S - Y -0..JiC::::- Date Summary Date Summary Returned from Atto~ Date Publis ~ Meeting Type: Continued FromIT Date Seal Impressed: s- y- O~ Item No. Exhibits Complete Be Attached to Resolution/Ordinance: Rem i nder Letter Sent: Reminder Letter Sent: Reminder Letter Sent: Request for Counci I Action Be Staff Report Attached: N~, if-I./;//?r1ii VI./ Date Sent for Signature: Expiration Date: Copies Distributed To: Yes ..------- No Ready to File: Date: DOCUMENT lOCATlONl: fOIIMSfAplda ....T~fomt..CCFamlNo.l11..1..1sc~ lW41t'"