With fire risk rising, Sacramento County moves to crack down on illegal fireworks before July

Following in the footsteps of other local governments, Sacramento County is considering cracking down on illegal fireworks amid concerns over wildfires.

County supervisors next week are expected to introduce a proposed ordinance that would hold property owners liable for illegal fireworks being used on their property if they knew or should’ve known the prohibited activity was happening. The cities of Sacramento, Folsom, Elk Grove and Citrus Heights have similar rules on the books, known as host ordinances.

“Like other jurisdictions who have passed such ordinances we seek to balance protecting the community and avoiding unduly burdening a property owner that might not have known fireworks were being set on their property,” Eric Jones, who heads the county’s public safety and justice agency, told supervisors last week.

The proposed ordinance – which is scheduled to come before supervisors on Wednesday before returning to them on May 24 for final approval – includes an escalating scale of fines for offenders. If approved, the ordinance would go in effect June 24 with an eye toward Independence Day and the days leading up to the holiday.

A first violation would mean a $1,000 fine. If a second offense occurs within a year of the first, the fine would jump to $2,500. Every additional violation that occurs within a year of the first offense would mean a $5,000 fine.

“There are other fireworks violations noted already in county code, but this is an additional proposed tool to address this issue,” Jones said.

In addition to the fines, a property owner who violates the ordinance would also be liable for costs incurred when law enforcement or other agencies respond to an explosion of a firework on private property. Violating the ordinance would constitute a misdemeanor and enforcement would fall to the Sheriff ’s

Office and fire departments.

Sacramento County enforcement

Legal fireworks – which would not be affected by the proposed ordinance – in California are called “safe and sane” fireworks. Fireworks sale and use is limited by law to June 28 through July 5.

Any firework that goes up in the air or explodes is considered illegal.

Deputies could rely on video evidence, witnesses or their own eyes ti catch offenders, Jones said. He acknowledged that finding the culprits and being able to prove that a property owner had knowledge of illegal fireworks being used on their property can be difficult.

“But it has been done,” Jones said. “It has been enforced in other jurisdictions.”

The effort to stamp out illegal fireworks use in the county comes as fire officials anticipate another active wildfire season. Supervisor Phil Serna asked county staff last week to include a fine schedule in the proposed ordinance that spells out even stiffer penalties – $10,000 per violation – for illegal fireworks being used within the American River Parkway.

“July Fourth occurs as vegetation becomes tinder dry in the parkway, and unfortunately we know too well, especially with some fire activity in recent years, that hundreds of acres burn each year and some of that I have to believe is attributable to some fireworks activity,” Serna said.

Fire investigations after fireworks

Last year, officials tallied 76 total fires, 120 fire investigations and 30 fires related to fireworks, according to Fourth of July statistics provided by the Sheriff ’s

Office and Metro Fire. Of the 30 blazes tied to fireworks, 23 involved illegal fireworks.

Some of the figures were even higher for 2020 with officials counting 82 total fires and 36 related to fireworks. That year 29 of those blazes involved illegal fireworks.

Though some residents told supervisors last week that the proposed rules, like other “quality of life” ordinances, would disproportionately harm Black and brown communities, many asked the board to enact the ordinance, arguing that it would positively impact neighborhoods.

“It is important that we stop the use of illegal fireworks as they endanger innocent bystanders,” Ben Damian wrote to Board Chairman

Don Nottoli, urging him to vote in favor of the proposed ordinance.