Sentinel staff report–
In making a new fireworks ordinance permanent earlier this month, Citrus Heights council members could not come to a consensus on whether to impose a $750 fine on legal fireworks discharged after 11 p.m.
Councilmembers Bret Daniels and Steve Miller favored a lesser $250 fine for after-hours use, while the majority opted to keep a $750 fine and a $1,000 fine for subsequent offenses. The fine applies equally to both illegal fireworks discharged at any time, and legal fireworks discharged after 11 p.m. and before 9 a.m.
“It just seems that those two violations are definitely two very different things in the level of severity,” said Daniels. “You know, lighting off stuff that’s flying up in the air and exploding, as opposed to lighting off a Piccolo Pete at 11:01 doesn’t seem to be the same level of severity.”
Vice Mayor Tim Schaefer said he supported the heftier fine, saying “things are a little out of control right now.” He also hinted at a complete fireworks ban if residents don’t comply with the new ordinance, which made permanent a temporary ordinance passed last June.
The ordinance bans the discharging of legal fireworks between the hours of 11 p.m. and 9 a.m., as well as allowing for “social hosts” of locations where fireworks are discharged to be cited. The ordinance requires all fireworks stands to post a notice about the new ordinance.
When passed originally as a last-minute urgency ordinance just prior to the Fourth of July last year, the law was only in effect for 45 days and then extended for a maximum of 10 months and 15 days. It was set to expire on June 23, prompting the Police Department to recommend the City Council make the ordinance permanent with a formal vote on April 14.
From last year: Citrus Heights PD can now cite landlords, renters where illegal fireworks are set off
Previously, authorities had only been able to cite the person who actually discharged an illegal firework, whereas hosts of events where fireworks are discharged can now be cited. Police said officers in the past have often been unable to document sufficient evidence to prove who actually ignited the firework, making the “social host” regulations a useful tool for cracking down on illegal fireworks.
Hosts are defined as owners of private property, or “any person who has the right to use, possess, or occupy public or private property under a lease, permit, license, rental agreement, or contract; or any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on public or private property.”
The ordinance specifies that a host does not need to have been present at the event in order to be deemed responsible for response costs, stating: “This chapter therefore imposes vicarious as well as direct liability upon a responsible person.”
Additionally, the ordinance says repeat violators “may be liable for response costs incurred in responding to the unpermitted discharge or illegal storage of fireworks.” Response costs are defined as “those reasonable and necessary costs directly incurred by public safety personnel for a response to an unpermitted discharge or illegal storage of fireworks,” including salaries and benefits paid to public safety employees.
Hosts are also exempt from responsibility if they initiate contact with police or fire officials “to assist in removing any person from the property or terminating the activity in order to comply with this chapter” as long as the request was made prior to a complaint being lodged about illegal fireworks.
See draft ordinance: click here
Fireworks labeled “safe and sane” are not banned by the ordinance and will continue to be able to be bought, sold and discharged in Citrus Heights.
