Sentinel staff report–
The Citrus Heights City Council voted unanimously Thursday to pass an urgency ordinance giving another tool to law enforcement to crack down on illegal fireworks being discharged in the city. The ordinance also bans discharging legal fireworks between the hours of 11 p.m. and 9 a.m.
“[T]his is not going to solve all the issues we have. It is a good first step,” said Mayor Steve Miller just prior to voting for the ordinance. “I hope this keeps it down to a dull roar, and that folks are considerate.”
The ordinance allows for “social hosts” of locations where fireworks are discharged to now be cited, instead of authorities being only able to cite the person who actually discharged an illegal firework. Police said officers in the past have often been unable to document sufficient evidence to prove who actually ignited the firework.
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.”
Violators of the new ordinance will be guilty of a misdemeanor, allowing for administrative fines of $750 for the first violation and $1,000 for any subsequent citations.
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Some discussion was made by council members during the meeting regarding whether landlords should be able to be cited, if they are not present when fireworks are set off. City Attorney Ryan Jones confirmed that “both the owner and the renter are potentially liable” and could be cited.
Councilman Bret Daniels gave the most objection, saying “as a prior landlord I can’t imagine getting this notification,” although he ended up voting to pass the ordinance.
“Where we should be focusing I think (is) directly on the person that we believe committed the offense,” said Daniels. “It’s like, what, we don’t write tickets to the car owner when their kid runs a red light.”
Police Chief Ron Lawrence responded and said cases involving a landlord being cited would be rare, and officer discretion would play a role in whether the owner would be held liable. He also said the ordinance gives officers a tool to involve the landlord when dealing with a “problem home” where illegal fireworks are being repeatedly set off year after year.
Administrative appeals can also be made to police, with final appeals brought before the City Council.
The ordinance also 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.
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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.”
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.
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. Postings about the new ordinance will be required at all fireworks stands.
As an urgency ordinance, the city’s new fireworks regulations required at least four-fifths support from the council and went into effect immediately. The ordinance is in effect for 45 days, but further action from the City Council can extend the ordinance for up to two years.
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