Stiff Administrative Fines for Illegal, Improper Use

Acting on my formal proposal from last year, the City Council enacted one of the stiffest administrative penalty programs to curb illegal and improper fireworks use.

I have been pressing for this each and every year the controversy over "safe and sane" and illegal fireworks use and sales comes up. Last year, I specifically held my colleagues on the Council's feet to the fire, so to speak, and asked them to move forward with the administrative, vs criminal, citation program. This will ensure a stiff civil penalty to scofflaws, who all to often have been let off with less than a slap on the wrist by the DA and local judges, who clearly don't see this as an issue, whereas OUR ridents do!

So, if you don't buy them at a legitemate local booth, and instead import them from Mexico or Nevada, or if you participate in fireworks show's south of the aquaduct (even with teh otherwise legal safe-and-sane), be prepared to fork over hefty fines.

Fireworks offenses will get city fines
Palmdale hikes cost of breaking the law
BY JIM SKEEN, Staff Writer LA Daily News Article
Last Updated:06/05/2007 10:04:40 PM PDT

PALMDALE - With a new system of fines in place, city officials said Monday that the upcoming Fourth of July holiday will be a whole new ballgame in terms of enforcing rules against illegal fireworks.

This holiday, the city will impose fines rather than referring violators to the court system. Code enforcement officers and others designated by City Manager Steve Williams can issue citations for violations. The city manager will appoint a hearing officer or officers to hear the contested citations and issue a decision. The decision of the hearing officer is final unless appealed to the Superior Court.

The city has also increased the penalties for the use of illegal fireworks and for improper use of so-called "safe and sane" fireworks.

"We're trying to tighten the noose a little bit," said Mayor Jim Ledford. "Hopefully, people will see we're getting more and more serious about illegal fireworks."

Fines for improper use of "safe and sane" fireworks were raised to $500 for a first offense, $1,000 for a second and $2,500 for a third. Previously, penalties were $100 for a first offense, $200 for a second and $500 for a third.

Such violations in the "very high-fire-hazard severity zone," covering Palmdale south and west of the California Aqueduct, will carry the same penalties as discharging illegal fireworks - $2,500 for the first violation, $5,000 for the second and $10,000 for the third.

The city is working on a public outreach campaign that will focus on the changes, said city spokeswoman Barbara Vilardo. Palmdale allows only "safe and sane" fireworks to be set off and limits the discharges from noon June 28 until noon July 5. The exception is the very high-fire-hazard severity zone, which includes the Ana Verde development, where no fireworks are allowed to be discharged.

The city also made changes in its ordinances to make it clear that those who aid and abet the fireworks violations, including spectators, are as guilty or as responsible as the person who actually committed the violation.

Palmdale officials said the city spent more than $14,000 on overtime July 4, 2006, for deputies looking out for people shooting skyrockets and other illegal fireworks or improperly discharging "safe and sane" devices. They cited 76 people for misdemeanor fireworks possession and related offenses.

ILLEGAL FIREWORKS TASK FORCE
Regional Effort and Increased Crackdown

Soon after being elected, I called for a comprehensive regional effort and pressed for the deployment of additional deputies with the specific task of addressing the illegal fireworks. In addition, increasing public education, establishing checkpoints with the CHP and State Fire Marshal and trained K-9 units to interdict imported contraband, and increased civil and criminal penalities, including streamlined administrative remedies, as well as the confiscation of vehicles transporting these explosives, should be implemented. Suppression efforts should employ high visibiliy Fire Patrols for deterrence, along with unmarked police units for enforcement.

Palmdale quickly established its own Illegal Fireworks Task Force, mostly from our seasoned and highly effective PAC Team deputies, which confiscated tens of thousands of dollars worth of illegal fireworks during 2004 and 2005. The first year, the primary focus was education, and enforcement was stepped up following that. My proposal to add transportation of illegal fireworks to our vehicle confiscation statute was enacted by the Council, but has been put on hold pending resolution of conflicting court rulings on a similar issues in Northern California.

On June 26, 2006 as the sole elected City official from the City of Palmdale at the Press Conference, I stressed our continued commitment to cracking down on illegal fireworks. I was pleased to be joined by Vice Mayor Ed Sileo and Councilman Ron Smith from Lancaster, and representatives from the County Supervisor, as well as Sheriff, Fire and CHP officials to announce our regional effort to combat illegal fireworks.

In 2006, in addition to increased public education and our traditional resources, such as our Sheriff's department and LA County Fire, we co-operated with the CHP and Deputy State Fire Marshals. In my role as a member of the Public Safety Policy Committee of the League of California Cities, I was able to make contact with our State Fire Marshal, and enlist his help as a partner in this endeavor. He was excited to partner with local communities, assigning an Arson and Explosives Supervisor, and our staffs have been coordinating efforts to expand our ability to interdict this contraband as it is imported to our community, primarily from Parumph, Neveda.

A certain amount is brought in from China and Mexico, and local State and Federal officials have confiscated major shipments. A self-storage manager recently discovered a huge cache of illegal fireworks that would have levelled the complex and endangered firefighters lives if they been exposed to fire. These raids removed thousands of commercial grade explosives, mortars, skyrockets and other fireworks from the streets. As an added bonus, several gangbangers and parolees were arrested on a number of violations as a result of the Task Force activities.

While deputies were obviously unable to respond to every fireworks related incident, the contraband taken off the street, and the criminals taken out of circulation, were a benefit to the community. We have stressed to the DA and local judges our desire to render stiff fines, and send a message through those caught, and the word will spread though the community, of our commitment to deal with illegal fireworks.

The 2006 statistics were encouraging. For comparison, during 2005, our Palmdale deputies focused on the west side, and made 65 arrests. The following year, 2006, Palmdale deputies targetted the east-side, issuing 76 citiations, confiscating thousands of skyrockets and other fireworks. 2 truckloads of illegal fireworks, were confiscated in Palmdale, including over 100 pounds seized from an eastside residence. Lancaster cited 25 individuals. Ironically, officials commented that is was easier to make arrests in Lancaster, because it's all illegal. The numbers fail to demonstrate that.

Remember, it's easy to identify illegal fireworks... they fly in the air, or blow up. Other clues are buying them from the trunk of a car, or travelling over state lines to get them, instead of a local licensed non-profit's booth in town. Community co-operation is key to this effort. Somebody knows who the local fireworks seller is. His garage full of explosives can endanger an entire neighborhood. Notify the sheriff's department, (in Palmdale 272-2400) ahead of time and protect your families safety. And if they don't show up due to other priority calls, call back. If the problem persists, call back again.

One of the most frustrating complaints I receive from the community concerns a real or perceived lack of response to their call for assistance, especially for quality of life issues like these fireworks complaints. Priority calls relagate theirs to hours of delay or a non-response. I will be asking the Council's co-operation in establishing a "No Call Unanswered" policy for our Sheriff's station. In concept, if the patrol deputies are unable to respond in a timely manner, there would be a follow-up call. at the earliest possible time, either by a deputy, a CSO or other civilian staff or volunteer, to determine if the problem still exists and still requires a timely response, or is a chronic situation that needs eventual follow-up, or was resolved prior to the deputies arrival or otherwise no longer requires police intervention. Obviously, this would only apply to calls when the complainant leaves their call back number.

100-plus cited, arrested July 4
BY CHARLES F. BOSTWICK, Staff Writer LA Daily News

PALMDALE - More than 100 people were cited or arrested and thousands of skyrockets and other illegal fireworks were confiscated in crackdowns on illegal Fourth of July fireworks displays, sheriff's officials said Wednesday.

Hundreds more people around Palmdale, Lancaster and the neighboring unincorporated communities were openly shooting off illegal fireworks Tuesday night, but deputies couldn't get to them all, officials said. "When you're citing an individual, they're (fireworks) going up on the streets all around you," Palmdale sheriff's Sgt. Kyle Bistline said. "It was rampant. (Deputies) said they felt like they were grabbing handfuls of sand and throwing it into the ocean, so to speak," Lancaster sheriff's Deputy Mike Kuper said.

While use of illegal fireworks was widespread, the damage from fires was less than last year, Los Angeles County fire officials said. Last July 4, one fire spread into 15 backyards in an older Palmdale neighborhood - destroying 12 sheds, 14 vehicles and two travel trailers - and other fires destroyed a vacant mobile home and a parked car. On Tuesday, the worst blaze was a one-acre grass fire in Quartz Hill that spread to a motor home, causing $18,000 damage.

In all, firefighters answered more than 180 fireworks-related calls in the Antelope Valley, Los Angeles County Fire Department Inspector Jason Hurd said. Higher humidity helped limit fires Tuesday and extra firefighters had been called in early to staff five reserve fire engines."We had a lot of staffing," Hurd said. "We were able to jump on the fires right away and put them out."

In Palmdale, 76 people were cited on suspicion of possession or use of illegal fireworks, misdemeanors, and told to appear in court. Lancaster sheriff's deputies cited 25 people and arrested two for misdemeanor fireworks possession or related infractions, such as drinking in public. Lancaster deputies also arrested on felony offenses three people they came across while checking illegal fireworks displays, Kuper said. One was a prison parolee who had stopped reporting to his parole officer; another was his girlfriend, who tried to help him run from the deputies; and a third was a person wanted on a grand-theft warrant, Kuper said. A 15-year-old boy with a loaded pistol in his waistband was arrested after deputies followed the sparks from a Roman candle into a Palmdale neighborhood near 25th Street East and Avenue R. The teen, a reputed gang member, was with two other people, one of whom had been shooting the Roman candle, Bistline said.

In Palmdale, the 29-person anti-fireworks task force was funded by the city at a cost of more than $14,000. In Lancaster, 13 deputies and a sergeant were assigned to the fireworks patrol. Palmdale sheriff's deputies said they confiscated enough fireworks to fill a van and a pickup truck. Lancaster deputies filled a pickup truck. The confiscation included about 100 pounds of fireworks from a house near 26th Street East and Avenue R-12 where the homeowner admitted selling to neighbors, Bistline said.

Palmdale deputies targeted the area bounded by 20th Street East, 47th Street East, Avenue R and Avenue S. Last year, when they targeted Palmdale's west side, they made 65 arrests, Bistline said.

This story appeared in the Antelope Valley Press on Thursday, June 29, 2006.
By JAMES C. LOUGHRIE Valley Press Staff Writer

PALMDALE - Boxes of fireworks were lined up outside the garage of a house in the 38400 block of Sumac Drive. "California Illegal," one read. Below those words was the California Fire Marshal's seal, crossed out with a line inside a circle. Next to that package was a large package that looked like the "Safe and Sane" fireworks for sale in Palmdale this week - except none of the items placed against the light brown garage door was deemed "Safe and Sane," or even legal in California.

The cache of fireworks found Wednesday in the neighborhood night near Third Street East and Palmdale Boulevard were enough to make any pyromaniac's heart melt. It was also all illegal. Sgt. Kyle Bistline of the Palmdale Sheriff's Station Partners Against Crime team said the collection was one of the largest single fireworks stashes the PAC team ever recovered. "There was not one place we got this much stuff last year," he said.

The fireworks bust started, not as a fireworks bust, but as a deputy on patrol. Detective Bob Farkas, who used to be a member of the PAC team, was on an overtime patrol in the neighborhood. When he drove by the house, he saw several men standing outside polishing off Coronas and went to talk to them about drinking in public. But then he looked to his right. Parked in the drive way of the house was a Dodge Talon filled with fireworks, the type that shoot up into the air and explode. All considered illegal in California.

Farkas "looks into the car, and the rest is history," Bistline said. Four people, two juveniles and two adults, initially were detained, but the only person arrested Wednesday night was Byron Coyoy , a 22-year-old reputed gang member, Bistline said. Coyoy is believed to have purchased at least $1,000 in fireworks from Nevada, according to receipts found Wednesday night in a fireworks catalog. Bistline said investigators will determine how much explosive powder is in the collection.

He is confident, however, the amount will be well in excess of the amount that classifies Coyoy's crime a felony. "It for sure made this neighborhood a lot safer for the Fourth," Bistline said. The fireworks cache found Wednesday came a little more than 48 hours after the several government agencies announced they were cracking down on illegal fireworks this year.

The Antelope Valley Illegal Fireworks Task Force, a cooperative involving the cities of Lancaster and Palmdale, (originated by Palmdale Councilman Steve Hofbauer), their sheriff's stations and the Los Angeles County Fire Department, will have additional patrols and emergency responders throughout the area Tuesday to fight illegal fireworks.

Last year, the Antelope Valley fire stations received approximately 300 calls for service on the Fourth of July, with half of those involving fires. "It's getting out of control in the Antelope Valley," assistant fire chief Mark Bennett said Monday. "It's getting close to the point of lawlessness."

Over this Fourth of July, the Palmdale and Lancaster sheriff's stations will have at least 25 additional deputies on patrol and the Los Angeles County Fire Department will have at least 10 additional engines on duty.

Historical Perspective

A Little History on Recent Efforts
to Outlaw Fireworks in Palmdale

At the July 5th, 2006 meeting, the Palmdale City Council directed staff to prepare the necessary documents for consideration of sponsoring a Council initiative on the issue of overturning the permitted sales of Safe and Sane Fireworks Sales by local non-profit organizations. The issue, if moved forward by the Council, would have placed the question on the General Election ballot, in November, 2006.

At the August 2006 meeting, a large crowd of representatives of Palmdale non-profits was in attendance, and spoke passionately against the Council sponsoring an initiative to overturn the sale and use of "safe and sane" fireworks in the city, again. They argued that the issue has already been asked and answered, twice. First, decades ago when the City first voted to authorize them, and later when 70% of the voters reaffirmed that decision in 1992, and defeated the proposed ban. They further pointed out that the 44 non-profits raised over $800,00.00 for charitable efforts this past year, which are used primarily for youth organizations and churches. They legitemately questioned how that could be replaced. They questioned the fairness of simply handing a Council sponsired initiative to fireworks opponents, instead of having those opponents work for and qualify a measure for the ballot.

Furthrmore, the cost of the city putting this on the ballot was predicted to cost as much as the last 2 years of funding sheriff deputies for the Illegal Fireworks Task Force!

The City Attorney informed us, by state consitiutional law, contrary to some fireworks opponents and media pundits, a ballot initiative is the only legislative action the City Council could take on a previously decided initiative measure. The law simply will not allow the Council to overturn this type of previous election. In other words, we cannot simply wave our magic wand and declare it so, as some on the opinion page would suggest!

There were other issues debated:

Have we had a bunch of fires from Safe and Sane firworks? We haven't. They have been primarily from illegal fireworks.

The Fire Chief said it was easier to enforce anti-fireworks efforts in Lancaster, as they are all illegal. But they wrote fewer tickets, confiscated less contraband, and still had more fires!

What about all-out bans? Do they work in other areas? All fireworks are illegal down below. But I've worked probably 25 of the last 30 July 4th holidays in my role as a firefighter, and the sky is covered with illegal rockets, and explosions are the norm. The ban on 'safe and sane' does nothing to impact illegal firework use.

In fact, 38 other cities in LA county, as well as a number of neighboring Kern and San Bernardino cities allow non-profit groups this fund raising option. And there have been as many as 14 recent elections asking the same question of voters, and they continuously vote in favor of maintaining fireworks sales.

What about community outrage? For the record, I received only about a dozen negative letters and e-mails on this topic. But I did get dozens of calls, e-mails and visits from non-profits and their beneficiaries. Most of the negative e-mails were from those outside our city, from county residents, where all fireworks are illegal. Frankly, they need to address their complaints to their County Supervisor. The County put the freeze on deputy hiring, resulting in sever shortages. The County has failed miserably in addressing the law enforcement needs of unincorporated areas for a long time, while communities such as ours have worked hard to fund additional deputies and crime fighting programs. But I digress...

In the end, the City Council decided not to sponsor another initiative, but encouraged opponents to proceed with their voter initiative process.

Therefore, the only way to overturn a previously voter decided initiative measure is to challenge it in court on some constitutional grounds, which did not apply here, or through another ballot initiative. As the Council previously excercized that option in 1992, and chose against sponsoring it again in 2006, that left the voter initiative alternative. That would have those sufficiantly outraged by Safe and Sane Fireworks sales gather sufficient signatures and qualify it for the ballot. That effort was initiated, the legal documents filed, but the signatures just did not materialize, and the effort fizzled out, so to speak.

However, more importantly, of the negative comments I've received, almost exclusively the complaints are focused on 2 issues: controlling ILLEGAL fireworks, and improving response by law enforcement to complaints.

I personally have been on the forefront of addressing both issues. I introduced the concept of a Regional Illegal Fireworks Task Force. I pressed for its funding and proposed additional funding for increased resources. I have ensured Palmdale's Task Fore operations have expanded. I pressed Lancaster officials and the County to join our efforts, which they have this past year. I made contact with the State Fire Marshal, to coordinate interdiction efforts.

I've asked the City Attorney to continue research on a surcharge on 'safe and sane' fireworks sales, to further fund regional efforts at fireworks education, enforcement and response, as well as clean-up and other efforts. Since our last meeting, I've found a number of cities that have such a fee, and it is effectively utilized.

Currently, there is a flat $500 fee charged for each non-profit booth, paid up-front by the fireworks wholesale distributor, that is used for similar local fireworks education, enforcement. Hofbauer is concerned that the fee is inequitable, as some small booths may only net $5000, while others in prime locations net much more. The new surcharge would replace the up-front fee, which would be more fairly distributed, based on gross sales.

The fireworks sales surcharge is not unlike any users fee, like a boat tax. Boaters, like himself, have to pay it, even though they may operate safely and legally, to provide education to all boaters, and take enforcement action agaist irresponsible boaters. "It's no different, and helps ensure my continued safe use of my boat."

I've commented that, while I hate increasing fees or taxes, this must be earmarked specifically for fireworks issues, and paid by the end users to help ensure their continued and safe and responsible use of 'safe and sane' products, and would benefit the entire community.

I have also presented Councilmembers with documentation of stiff administrative fines levied by other jurisdictions for illegal fireworks use. Kern County hits violators with a $1500 first time fine. The Council concured, and asked that this remedy be further explored, as well as tracking the progress of conflicting northern California court cases dealing with vehicle confiscation issues.

Last year, I had the transportation of illegal fireworks added to the city's statutes as a offense warranting vehicle confiscation, in addition to transporting illegal drugs, engaging in prostitution and gang activities. However, implementation is on hold since the courts can't seem to decide the relationship of crimes using a vehicle and the basis of confiscating the vehicle used to perpetrate those crimes. Most courts have upheld similar statutes, but another northern CA liberal judge decided it was unconstitutional. So, until our disfunctional legal system can ferret out a decision, we are left without this tool for our law enforcement officers to use to combat these criminals that affect our quality of life.

If you have an opinion on this matter, write, call or e-mail me at shofbauer@cityofpalmdale.org.