People who set off illegal fireworks could be fined up to $10,000 per day under an enforcement program proposed in Oceanside.
Privately launched pyrotechnics surge on and around July Fourth and New Year’s Eve in neighborhoods across the city every year, said Oceanside Fire Department division Chief Blake Dorce, at a recent meeting of the city’s Police and Fire Commission.
Adding to the concerns was an incident Feb. 5 when a 15-year-old boy had his hand blown off while playing with illegal fireworks on Horne Street, Dorce said.
“This is a serious issue that affects our community as well as others,” Dorce said. “In addition to the safety and health threat, we’ve all experienced the noise disturbance from fireworks. They create air pollution and litter. They place an increased demand on public safety resources, both in the police and fire departments.”
Last August, the Oceanside City Council directed staffers to look at possible enforcement strategies to address the proliferation of illegal fireworks.
Since then the Fire Department, Police Department and City Attorney’s Office have been preparing an ordinance that would focus on educating people about the dangers of illegal fireworks, set a schedule of fines for violations, and outline an enforcement system using aerial drones to help locate and cite offenders.
As part of their preparations, the staff looked at enforcement programs elsewhere in California, focusing mainly on Sacramento, Elk Grove and Riverside, according to a report presented to the Police and Fire Commission.
Oceanside’s proposed fines begin at $1,000 for a first offense, $2,500 for a second offense, and $5,000 for a third, with a maximum fine of $10,000 per day. Violations near a park, parkway, school or city facility will be subject to a $10,000 fine.
The City Council reviewed the proposed ordinance at a Jan. 28 meeting and unanimously approved the idea, although it recommended the fines be reduced by half for the first year to phase in the penalties.
Mayor Esther Sanchez said in January that the starting point of $1,000 was a little “steep,” especially for lower-income neighborhoods, and suggested starting out with the lesser fines.
Councilmember Eric Joyce agreed and said that large financial penalties would disproportionately affect some parts of the community. He said the city should place a greater emphasis on publicizing the enforcement program in its first year.
A draft of the proposed ordinance will be presented to the council for approval later this year, possibly in time to take effect by the week of July Fourth.
“The goal is to discourage illegal acts and not to generate revenue,” Dorce said.
Illegal fireworks are difficult to prevent, he said. Violations are widespread, and people are often gone or inside their homes by the time police or firefighters arrive.
“We have to be realistic about what the effect is going to be,” said fire Chief David Parsons. “We are likely going to be more successful targeting those really big, semi-professional shows, which is really the issue. We don’t want to be punitive on the mom and the kid on their sidewalk.”
Also, enforcement, especially at loud, boisterous and sometimes drunken parties, can bring confrontations that escalate into bigger problems, Parsons said. The use of aerial drones with cameras helps to prevent that.
The Police Department has most of the city’s drones. One unit is stationed atop the downtown civic center where it can be launched immediately upon receiving a 911 call, and the rest are deployed by teams of officers in patrol cars.
When fireworks are expected, the drone teams would be placed in problem areas to watch for illegal displays. With recorded video as evidence, the city will mail citations to the owners of property where the violations occurred.