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TO: Mayor and City Council
FROM: The Mayor's Office
The Law Department
DATE: September 16, 2021
SUBJECT:
Fireworks Regulation
PURPOSE:
To consolidate, clarify, and revise the City Code's prohibitions on the unlawful sale, possession, or use of fireworks.
BACKGROUND:
Following a significant increase in the number of fireworks-related complaints received by the City in the summer of 2021, the Mayor requested staff in his office and in the Law Department to review the City Code's provisions pertaining to fireworks and, if appropriate, to propose revisions for consideration by the City Council.
Currently, the City Code contains general prohibitions on the unlawful use of fireworks in Section 17-109.1 (Fire Protection and Prevention) and in Section 29-30 ("Police Enforcement of Fireworks"). The prohibitions in Section 17-109.1 are also found in the Section 12-17.8 of the Fire Code. Further, Section 30-23.5 expressly prohibits the use of fireworks in parks maintained by the City. Additionally, given that the most frequent complaint associated with the use of fireworks involves the noise they produce, Article 29-VIII ("Noise Abatement") also provides a more generalized avenue of enforcement.
A person who unlawfully uses or possess fireworks is subject to a fine only under the City Code under one of more of these provisions. Noise violations begin at $250 per offense as do violations of Sec. 29-30 and escalate based on subsequent violations. Other local fireworks offenses are punishable by fines between $50 and $500, as determined by the court. As is the case with all violations of Chapter 29, the City may declare real property where a fireworks violation repeatedly occurs as a public nuisance in accordance with Article 29-VII.
In summary, the existing City Code provisions pertaining specifically to fireworks, or under which fireworks-related misconduct may be charged, expressly provide that the City may 1) prosecute fireworks offenders 2) impose appro...
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