Seaside to consider banning all fireworks
May create an ordinance or put it to voters
The Seaside City Council will be considering ways to ban all fireworks in the city, including the sale and use of the safe and sane type, at its Thursday meeting.
“There’s been a lot of consternation about fireworks in Seaside for many, many years, and with the feeling of restlessness across the county following sheltering in place for three months, this Fourth of July was particularly active,” said Jon Wizard, Seaside councilman.
At the July 2 city council meeting, Councilman and Mayor ProTem Dave Pacheco requested the governing body consider passing an ordinance prohibiting the sale and use of all fireworks throughout the city.
“My goal is to create a dialogue,” said Pacheco.
The city councilman said he is neither for nor against banning the use of legal fireworks but he has heard concerns related to seniors, pet owners, people with PTSD and numerous other complaints about the use of illegal fireworks.
The council has considered banning all fireworks before. A town hall meeting was held a
couple of years ago by Pacheco and Councilman Jason Campbell where some community members were in favor of banning all fireworks. Others wanted the sale of “safe and sane” fireworks to continue because it is the largest funding mechanism for local nonprofit organizations.
Instead of calling on the council to adopt an ordinance, Councilman Wizard has requested the council consider putting a measure on the Nov. 3 ballot allowing the voters to decide the fireworks question.
“Trying to be responsive to the community, like I was during the budget hearings when talking about the police budget, I brought forward the idea of a ballot measure to ban fireworks,” said Wizard. “That way, thousands of people get to participate in the decision and not just the five of us on the council.”
At this week’s meeting, the council will also be receiving the 2020 July Fourth Holiday Period Fireworks After Action Report.
The Seaside Police Department, and the Fire and Public Works departments came up with an operations plan for illegal fireworks suppression beginning in June and continuing through July. It included an enforcement plan and a public outreach campaign developed with the help of the city manager’s office.
The council authorized selling legal “safe and sane” fireworks, limiting their use to between 10 a.m. and 10 p.m. through July 6, while
continuing to strictly prohibit illegal fireworks.
Illegal fireworks activity has posed a problem for the city for many years and this year in particular with COVID-19 pandemic restrictions closing public spaces, the subsequent cancellation of the city’s fireworks celebration, and the Fourth of July falling on a Saturday, “it was exceptionally problematic,” according to the report.
The police department again utilized a drone to get video of fireworks violations and issue citations. The city posted fireworks regulations, as well as ways to report illegal firework activity on social media and its website. Electric signboards were also posted throughout the city warning of the $2,500 fines for illegal firework possession, drone enforcement and undercover officers.
The report said that from June 28 through July 6, the police department used special enforcement teams, on an overtime basis, to patrol and enforce laws regarding the use of illegal fireworks. Non-sworn department staff answered fireworks-related calls on the hotline phone number as well as the crime tip web page, forwarding the information to on-duty police officers so they could respond.
On the Fourth of July, between calls coming into the Monterey County Communications Center, and the Seaside Records Division, Seaside police were dispatched to 218 calls for service. In that time, police made two DUI arrests and issued 10 administrative citations of $2,500 each, and confiscated about 30 pounds of fireworks. At about 11:30 p.m.
All sworn personnel were required to break from firework-related details to respond to a major injury collision.
Compared to last year, the last time the city was able to host its municipal fireworks event, there was about a 50% increase in calls to the police department for service.
The Seaside Fire Department inspected all “safe and sane” fireworks booths during the sale period of June 28 to July 5, finding all sites in compliance. During that period, the department responded to 59 calls for service.
The fire department used two volunteer drone pilots from June 26 through July 4 working with police officers to issue citations for illegal fireworks use.
On the Fourth of July, the fire department staffed one additional company for 16 hours, responded to 17 calls for service with six of those related to fireworks activity: one dumpster/trash fire, two vegetation fires, two fence fires, and one box of discarded spent fireworks. There were no structure fires in Seaside in the time surrounding the Fourth.
The cost of illegal fireworks enforcement to the city of Seaside was $17, 662.85.
The 2019 revenues from the sale of “safe and sane” fireworks to the city were $15,699.47.
Seaside City Manager Craig Malin said the 2020 revenue totals were not yet available.
“The council could vote to ban fireworks, but there hasn’t been any interest in debating that, let alone actually voting, before now,” said Wizard. “That’s why I made the request to put the question to the voters, since many people in the community despise the noise, while others, as evidenced by the volume of sales, enjoy them.”
Pacheco said he believes its time to look at it seriously but balks at the cost that would go into putting it on the ballot.
According to a staff report, if the council chooses to add a ballot measure to the current election, it would cost an estimated $2,000, and the council would have to decide on a Nov. 3 ballot measure before July 28. If the council adopts an ordinance, it would cost less than $300.
Pacheco said it is the council’s job to make hard decisions and that the money to put it on the ballot would be better spent on other city needs especially since the city is looking at budget cuts.
“If we don’t move forward with an ordinance, then I’ll support a ballot measure,” said Pacheco.
City staff is recommending that if the council chooses to prohibit fireworks of all kinds, that they consider establishing a mechanism that would allow the nonprofits to participate at the annual event in a fundraising capacity.
And there may be other ways to help those organizations.
“I think the city can find other ways to reduce the impact of the lost revenue, such as sponsoring cultural gatherings — like El Día de los Muertos or Holi or Tet or Chinese New Year — with nonprofits tabling and raising funds at those events,” said Wizard.