BACKGROUND
At the August 2, 2023, City Council meeting, the City Council asked staff to look into options for increasing enforcement of illegal fireworks in the City of Roseville. The request came in response to the City Council receiving inquiries from the public related to enforcement of illegal fireworks in the City of Roseville after the Fourth of July holiday. At that time, the City Council made clear it was not interested in a total ban, but rather wanted to focus only on increased enforcement of illegal fireworks and discuss options. Future separate Council action would be required if direction is given to amend the Roseville Municipal Code.
By way of background, fireworks are regulated at both the State and local level. Below is a summary of the laws at each level.
Regulation of Fireworks Under State Law:
- California State law (Health and Safety Code Sections 12500-12728) regulates the use, possession, sale, marketing, distribution, and discharge of “fireworks”;
- Under State law, the California State Fire Marshall is tasked with reviewing fireworks and determining whether they are “Safe and Sane”. Generally speaking, “Safe and Sane” means the fireworks do not go into the air more than a few feet, do not skip across the ground, are not made of certain materials and chemicals, and have been approved by the United States Consumer Product Safety Commission. Everything else is considered “dangerous fireworks” or are otherwise “exempt fireworks” (for example licensed fireworks shows are exempt);
- State law limits the use of any fireworks that are NOT “Safe and Sane” to licensed pyrotechnic operators. “Safe and Sane” fireworks are all that are allowed in the City of Roseville (unless they are a licensed pyrotechnic operator-like @ The Grounds);
- Generally, violations of State law may be charged as misdemeanors, which carry a penalty of not less than the fine amounts below, or by imprisonment in the county jail for no more than one year. The fine may increase, based on a sliding scale as discussed below:
< 24 lbs.- $1,000-$2,000
25-100 lbs. $2,000-$10,000
100-5,000 lbs. $10,000-$20,000
> 5,000 lbs. $20,000-$100,000
Regulation of Fireworks Under Roseville Municipal Code
- Roseville Municipal Code Section 16.16.140 regulates fireworks in the City of Roseville;
- The Roseville Municipal Code largely mirrors State law on the prohibition of any fireworks (use, possession, sale, distribution, and discharge) in the City of Roseville, except for those labeled “Safe and Sane” by the State Fire Marshal;
- Only registered local non-profits can receive a permit to sell “Safe and Sane” fireworks (operate a firework booth). This is often the largest fundraiser for many of our local non-profits and school sports teams, often generating tens of thousands of dollars in a matter of days for them;
- Only licensed pyrotechnic operators may use “fireworks” that are NOT labeled “Safe and Sane” in the City of Roseville;
- The Roseville Municipal Code goes on to limit the possession, use, display, or discharge of even “Safe and Sane fireworks” to June 28th through July 4th of the same calendar year (unless by a licensed pyrotechnic operator). Any possession, use, display, or discharge of even “Safe and Sane fireworks” outside of this time period is illegal in Roseville (unless by a licensed pyrotechnic operator);
- Under the Roseville Municipal Code, violations may be charged as either 1) infractions (criminal fine up to $100, but no jail time); 2) citation under State law; or 3) as an administrative violation (non-criminal fines ranging from $100, $200, or $500 depending on whether it is a 1st, 2nd, or 3rd offense);
- The Roseville Municipal Code states that any person in violation with amounts up to, but not exceeding 25 lbs., shall be cited for an infraction. Only amounts above 25 lbs., may be cited/arrested as a misdemeanor under the current Roseville Municipal Code.
- All fireworks are illegal in any park or open space area.
Potential Options for Firework Enforcement
Staff surveyed several jurisdictions in California, including Placer County, Loomis, Rocklin, Lincoln, Auburn, Citrus Heights, Sacramento, Elk Grove, Folsom, and Sacramento County. Only Placer County, Loomis, and Auburn have total bans on all fireworks (except licensed pyrotechnic operators with a permit). All other jurisdictions allowed the sale of “Safe and Sane” fireworks, but only during a finite window immediately before and up to the 4th of July. Some of the jurisdictions (Citrus Heights, Sacramento, and Sacramento County) have what is known as a “Host” ordinance that allows the property owner to be cited for the actions of people on their property (some whether they actually knew about the actions or not). Some Host ordinances require law enforcement to prove the host “knowingly allowed” the fireworks, while others presume they “knowingly allowed” if they didn’t affirmatively stop the act. This has been treated like a strict liability ordinance in some cases. In practice, this option has proven difficult for some of these jurisdictions to enforce as it is extremely difficult to prove what a person knew or didn’t know and it potentially subjects absentee owners to penalty while slowing down enforcement.
Based on the cities reviewed and a review of applicable State law, staff provides three options for enforcement of fireworks in the City of Roseville.
Option 1 (Recommended by Staff):
- Increase the administrative fines from $100, $200, $500 (1st, 2nd, 3rd offense), to a fine of $750 for a first offense and then $1,000 for every offense thereafter;
- Additionally, remove the section of the Roseville Municipal Code that caps a violation at an infraction when a person possesses 25 lbs. or less, and instead allow the violation to be cited as a misdemeanor;
- Allow for law enforcement to charge a person the actual costs for responding to a call for an illegal firework in addition to the fine amounts.
Option 2
- Any part or all of Option 1, but also implement a “Host” ban that punishes the property owner who knowingly allows someone to violate our ordinance on their property.
Option 3
- Keep the ordinance as is.
If City Council requests Options 1 or 2 it will require amendment to the Roseville Municipal Code and staff will return to City Council at a later date for that proposed ordinance amendment.