S.J. misfires on pilot program assigning fines for fireworks
City determines initiative was not ‘evenly applied,’ will refund payments
SAN JOSE » The city’s plan to fine users of illegal fireworks based on an online resident reporting system proved to be a dud in its inaugural year, and those who faced steep fines will now get off with a warning.
The city announced Thursday that the program — in which complaints about fireworks use could be made via an online app and the accused resident could be fined without further investigation — “had not been evenly applied to all 45 citations.”
“The fairest action was to replace the citations and associated fines with a warning letter,” said City Manager Norberto Duenas in a statement,
adding that officials remain concerned about the use of fireworks and plan to continue enforcement in the future but will “review and refine the pilot program.”
Details of what kind of changes might be in the offing were not immediately available.
Amy Guzules, who was fined $500 after someone in the neighborhood celebrated the Golden State Warriors championship win on June 12, said she felt wronged by the city in two ways.
“I didn’t like the fact that you don’t know who reported you, and didn’t know what you would have to defend yourself against,” she said. “But I think the biggest thing for most people might be that they required paying the fine up front, before you had a chance to defend yourself.”
Attorney Jim McManis of McManis-Faulkner, who was representing Guzules, called it an unconstitutional violation of due process.
The city’s news release did not include any information about the timing of the fine and hearing, but said any payments already made would be refunded.
“This was a scandalous way for the city to raise money in an unlawful way,” McManis said. “We are pleased to know they’re refunding the money and now have to go back to the drawing board.”
Guzules said that while she was glad she’s no longer on the hook for $500, she was surprised that she will get a warning letter instead.
“That’s kind of a spin on things,” she said. “I thought maybe I’d get an apology.”
Guzules suggested that the city make it more clear what happens when someone reports a neighbor.
“A lot of people thought that when they reported fireworks, the city would send someone out to investigate,” she said. “I think if people knew that once you report it the city may need more evidence and the resident might have to testify, they might be more thoughtful about reporting.”