Dampening a fireworks frenzy in Lodi
Lodi City Council to consider updating fireworks ordinance
The Lodi City Council is slated to consider changes to the city’s fireworks ordinance during is meeting today at 7 p.m. in Carnegie Forum.
Proposed changes include a sunset provision on the existing period in which people are allowed to discharge legal fireworks within the city, allowing citizens to cite the use of illegal fireworks and updates that conform with state law.
According to a report by Deputy City Attorney John Fukusawa, the proposed sunset on legal fireworks would begin Jan. 1, 2018, and the discharge of legal fireworks would be allowed only on July 4, from 9 a.m. to 11 p.m. The sunset was deemed necessary to accommodate nonprofit organizations that have already obtained a permit to sell and invested their time and resources in reliance on the existing ordinance, Fukusawa said.
The changes stem from a January meeting that was held to address concerns with the discharge of illegal fireworks within city limits. At that session, the council gave direction to the city to enact a sunset on legal fireworks in an effort to combat the discharging of illegal fireworks.
Dennis Revell of Revell Communications, the public relations firm representing American Promotional Events, the distributor of TNT Fireworks, said that there are some components of the proposed ordinance that will have a significant negative financial impact on Lodi nonprofit organizations. On behalf of his client, Revell is asking that the city adopt a fireworks social host ordinance, participate in the “Nail’em” app program and eliminate the proposed sunset.
According to Revell, the social host ordinance would hold owners, renters and/or those that have possession of a residence or other property responsible for dangerous illegal fireworks possession and use on that property. He said law enforcement and fire authorities in a jurisdiction only need to verify on what property the fireworks were launched or used. Once that is verified, the jurisdiction may pursue the responsible person for that jurisdiction’s fine. In most instances, in general law cities, it is the maximum fine of $1,000, he said.
Revell said TNT Fireworks has developed the “Nail’em” app which would allow residents to take pictures of the sale and/or use of illegal fireworks and email the photos, with their GPS coordinates, to the local jurisdiction so that it can either issue a warning or an administrative fine. The app is provided free of charge.
Revells said the application provides immediate access to a report and allows police to use a map function on their smartphone to obtain directions to the reported location and input their finds once they reach the location.
Revell asked that council eliminate the proposed sunset and continue to allow fireworks from noon to 11 p.m. on June 28 and from 9 a.m. to 11 p.m., daily, from June 29 through July 4. He said because of work and travel schedules, individuals and their families may choose to celebrate amongst themselves or with their neighbors on nights other than July 4 because it is more convenient and easier for them to do so.
Lodi City Manager Steve Schwabauer said that city already has a social host ordinance. He said removing the sunset is the council’s call.
The city has received numerous complaints about fireworks going off over the course of four or five days, and it’s very hard on pets and people who have issues with noise, he said. He pointed out that the council directed staff to include a sunset in the ordinance.
In regards to the app, Schwabauer said that the police and fire departments reviewed the app and felt that it wasn’t ready to be put into use.