Law and Legislation Committee Report - Granicus

Susana Alcala Wood, City Attorney Jorge Oseguera, City Auditor Mindy Cuppy, City Clerk Howard Chan, City Manager John Colville, City Treasurer

Law and Legislation Committee Report 915 I Street, 1st Floor

Sacramento, CA 95814 www.cityofsacramento.org

File ID: 2020-01025 September 1, 2020 Discussion Item 02

Title: Ordinance Amendment Relating to Fireworks Location: Citywide Recommendation: Provide direction to the City Manager on amending the Sacramento City Code to restrict the use of fireworks. Contact: Jason Lee, Fire Marshal, (916) 808-1620, Fire Department Presenter: Jason Lee, Fire Marshal, (916) 808-1620, Fire Department Attachments: 1-Description/Analysis 2-Firework Information

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File ID: 2020-01025 Discussion Item 02

September 1, 2020 powered by Legistar™

City of Sacramento

Description/Analysis Issue Detail: Recently, Sacramento has seen an increase in the amount of illegal fireworks usage during the 4th of July period. 2020 has been an especially difficult year with the amount of illegal firework usage, due in part to the COVID-19 pandemic and not having professional outdoor fireworks shows for citizens in our area to attend. In addition, the City’s firework taskforce staffing was limited due to the COVID-19 pandemic and area protests and was not able to work on proactive measures to curtail the sale and distribution of illegal fireworks as in the past two years. To address this issue, one option would be the total ban of all fireworks, including the state-approved “Safe and Sane” fireworks. This amendment to the Sacramento City Code would prohibit all sales and use of fireworks in the city with enforcement from the City Fireworks Mitigation Taskforce. Another option would be to enact a surcharge on the sale of Safe and Sane fireworks in the City to recover the costs of enforcement of dangerous illegal fireworks. Policy Considerations: Restricting and/or prohibiting the sale and use of state-approved fireworks could increase the use of non–approved dangerous fireworks, as persons wishing to buy Safe and Sane fireworks will not be able to purchase them in the City, and magnify the current problem with illegal fireworks. Economic Impacts: Non-profit groups would by negatively impacted by a ban on the sale of Safe and Sane fireworks in the City. For many of these non-profit groups, fireworks sales are often their largest single fund-raising event of the year. There would be increased costs to the City for enforcement of a City restriction of all fireworks sales. Environmental Considerations: The proposed action would restrict the sale and use of fireworks. Prohibition of fireworks as proposed would not have any significant adverse effects on the physical environment. The proposed action does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and is not a project under the California Environmental Quality Act (CEQA). (Public Resources Code sections 21065 and 21080 and CEQA Guidelines section 15378(b)(4).)

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City of Sacramento

The proposed ordinance has as its basic purpose improving the noise and air quality environment and is categorically exempt from CEQA review pursuant to CEQA Guidelines section 15308 (actions by regulatory agencies for the protection of natural resources). Because it can be seen with certainty that the action would have no significant effects on the environment it is also exempt under the commonsense exemption. CEQA Guidelines sections 15061(b)(3); 15060(c)(3). No CEQA review is required. Sustainability: An ordinance prohibiting the use of fireworks could improve public health outcomes by potentially reducing cases of asthma and upper respiratory ailments, resulting in a more resilient community. Commission/Committee Action: Not applicable. Rationale for Recommendation: Staff is requesting direction on whether to proceed with a proposed revision to the Code related to the use of fireworks. Financial Considerations: There would be an increase in the costs of monitoring and enforcement related to restricting the use of fireworks. The costs could be offset by fees or fines depending on the proposed revision to the Code. Local Business Enterprise (LBE): Not applicable. Background: California-approved Safe and Sane fireworks are currently allowed in nearly 300 communities across the state, including all communities in Sacramento County. Safe and Sane fireworks approved by the State of California do not explode or fly in the air and are tested and approved by the Office of the State Fire Marshal. Fireworks may be sold and used during the 4th of July period from June 28th to July 5th. This year over 90 fireworks booths were in operation in the city, down from an average of 120 booths from previous years. Booths are inspected multiple times by City fire prevention officers prior to and during the sales period each year to ensure compliance with fire and life safety codes. In recent years a City fireworks mitigation taskforce was established to respond to the increasing use of illegal fireworks. The taskforce’s mission is to proactively work to reduce the number of illegal fireworks in our community through focusing on persons selling illegal fireworks and responding to firework-related complaints during the weeks leading to and during the 4th of July period.

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City of Sacramento

Traditionally, fires caused by firework activity has been due to the use of illegal fireworks that leave the ground or exploded. These types of fireworks are illegal in the California and are often purchased outside the state.

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FIREWORKS LISTING - TNT 2020

NAME OF ORGANIZATION FIREWORKS STAND LOCATIONABUNDANT LIFE ASSEMBLIES 6861 24TH STREETALPHA PHI OMEGA 4408 DEL RIO RDAMC SPORTS & ATHLETICS INC 2920 DEL PASO RDAZTEC FASTPITCH 3800 60TH STBLESSED FAITH MINSTRIES 5031 FRUITRIDGE RDBLYUE ROSE DANCE PROJECT 3200 RIVERSIDE BLVD.CALVARY EVANGELICAL CENTER #2 4124 FLORIN ROADCAMELLIA ASSEMBLY #108 5700 FOLSOM BLVDCAMELLIA WALDORF SCHOOL 8270 DELTA SHORES CIRCENTRO EVANGELISTICO TEMPLO LA HERMOSA 4345 DRY CREEK ROADCHRISTIAN FAITH OUTREACH 1595 BELL AVECK MCCLATCHY HIGH SCHOOL 3680 CROCKER DRCK MCCLATCHY LAW & PUBLIC POLICY ACADEMY 1025 ALHAMBRA BLVD.COLLEGE GLEN LITTLE LEAGUE 8500 LA RIVIERA DRIVECONSTITUTION FREE CHURCH OF TONGA 4000 E COMMERCE WAYCORNERSTONE SAMOAN ASSEMBLY OF GOD 2565 DEL PASO RDDIAMOND SOCCER TEAM 3291 TRUXEL ROADDYNASTY ALTHLETIC ALL STARS 915 R STDYNASTY ALTHLETIC ALL STARS #2 5230 FOLSOM BLVDE.CLAMPUS VITUS 5924 STOCKTON BLVD.E.CLAMPUS VITUS #2 8122 GERBER RDEL SENDERO DE LA CRUZ #1 5611-5781 STOCKTON BLVDEL SENDERO DE LA CRUZ #2 1350 FLORIN ROADENCOUNTER CHURCH 2828 EL CENTRO RD.FAITH PRESBYTERIAN CHURCH 7201 S LAND PARK DRFORT SUTTER RACING PIGEON CLUB 4900 FOLSOM BLVDFRATERNAL ORDER OF EAGLES AERIE #9 4401 FRUITRIDGE RDFRUITRIDGE SOCCER CLUB 3710 FRANKLIN BLVDG.L.O.W. 817 GRAND AVEGENESIS CHURCH 4551 MACK RDGOOD SAMARITAN CHURCH OF JESUS CHRIST 4635 NORTHGATE BLVDHIGH FIVE SPORTS 8349 FOLSOM BLVDHJHS BOOSTERS CLUB 6000 14TH AVE

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NAME OF ORGANIZATION FIREWORKS STAND LOCATIONHMONG CHRISTIAN CHURCH #1 4911 47TH AVEHMONG FAMILY COMMUNITY ALLIANCE CHURCH 3298 NORTHGATE BLVDHOPE HEART HISTORY 2380 MEADOWVIEW RDHOSANNA SAMOAN CHRISTIAN FELLOWSHIP 5040 FRANKLIN BLVDHOUSE OF HOPE MINISTRY #1 2085 FAIR OAKS BLVDHOUSE OF HOPE MINISTRY #2 7025 ELDER CREEKIMMACULATE CONCEPTION PARISH 3232 BROADWAY INDERKUM ATHLETIC BOOSTERS CLUB 3661 TRUXEL RDJOB'S DAUGHTERS BETHEL #291 4065 MCKINLEY BLVDKENNEDY HIGH SCHOOL ACTIVITIES 300 FLORIN RDKENNEDY HIGH SCHOOL ATHLETICS BOOSTERS 6419 RIVERSIDE BLVDKENNEDY HIGH SCHOOL BOYS BASKETBALL 7600 GREENHAVEN DRKENNEDY MARCHING BAND 960 FLORIN RDKIT CARSON PTC 5520 H STREETKNIGHTS OF COLUMBUS #14158 4640 NATOMAS BLVDKNIGHTS OF COLUMBUS #3668 1500 WEST EL CAMINO AVENUELEONARDO DA VINCI SCHOOL 4207 FREEPORT BLVDLET'S GET MOOVIN! 3551 NORTH FREEWAY BLVDLOVE INC #1 1500 BROADWAYLOVE INC #2 3220-3270 ARENA BLVDMANNA FOOD CLOSET 4710 NATOMAS BLVDMCCLATCHY H.S. MUSIC BOOSTERS 4980 FREEPORT BLVDMOSAIC CHURCH 8020 FRUITRIDGE RDMOUNT ZION APOSTOLIC CHURCH 4760 FLORIN ROADMOVE FORWARD #1 2835 NORWOOD AVEMY LAST HOPE 6626-6680 VALLEY HI DRNATOMAS FUTBOL ACADEMY 2380 DEL PASO RD NEW BEGINNING FELLOWSHIP 4401 BROADWAYPMCC (4TH WATCH) 2355 FLORIN RDPREPARING PEOPLE FOR SUCCESS #1 3849 MARYSVILLE BLVDPREPARING PEOPLE FOR SUCCESS #2 2905 DEL PASO BLVDQUINN COTTAGES-SAC COTTAGE HOUSING INC 622O FRUITRIDGE RDREAL LIFE CHURCH 2051-2087 ARENA BLVD

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NAME OF ORGANIZATION FIREWORKS STAND LOCATIONREBRANDING YOU, INC 410 EL CAMINO AVERICHMOND SACRAMENTO INC 5491 CARLSON DRRIVER CITY BAPTIST CHURCH 3501 DEL PASO RDROBLA EDUCATION FOUNDATION 4775 RIO LINDA BLVDROSE ASSEMBLY #224 7301-7421 W STOCKTONROTARY CLUB OF S SACRAMENTO FOUNDATION 4850 FREEPORTSACRAMENTO AREA SPORTS 1990 DANBROOK DRSACRAMENTO BARONS 7465-7485 RUSH RIVER DRIVESACRAMENTO BULLDOGS YOUTH ALLIANCE 1441 MEADOWVIEW RDSACRAMENTO CHRISTIAN FELLOWSHIP 8391 FOLSOM BLVDSACRAMENTO DUCKS YOUTH FOOTBALL & CHEER 8785 CENTER PARKWAYSACRAMENTO RAIDERS YOUTH ORGANIZATION 5601 MACK ROADSACRAMENTO ROLLER DERBY 2401 BROADWAYSACRAMENTO YOUTH BAND 5700 S LAND PARK DRIVESHEPHERD OF LIFE MISSIONARY BAPTIST CHURCH 7329 25TH STREETSHEPHERD OF LIFE MISSIONARY BAPTIST CHURCH #2 4345 47TH AVESOLID ROCK MBC 4285 FRUITRIDGE RDSOUTH SACRAMENTO YOUTH VIKINGS 6321 FRUITRIDGE ROADST LUKE'S LUTHERAN CHURCH 6366 MACK ROADST MARY'S YOUTH GROUP 5810 FOLSOM BLVDST PHILIP THE APOSTLE 3866 65TH STREETST ROBERT SCHOOL 5501 FREEPORT BLVDSUNSHINE ACADEMY #1 2351-2441 NORTHGATE BLVDSUNSHINE ACADEMY #2 2419 DEL PASO BLVDTHE SACRAMENTO VALLEY BEARS 3540 NORWOOD AVETHE TEA COFFEE SPOT LLC 4554 MACK RDTHE VILLAGE ADVOCATES 1501 MEADOWVIEW RD

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Law and Legislation Committee Report - Granicus

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