Councilwoman Price has followed-through on her June 19 Council statement promising to bring the subject forward for Council discussion, and she has. The item deserves Council approval and serious pursuit to its conclusion.

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Yes, LBREPORT.com did constructively suggest this measure after the 2017 fireworks "warzones" but we're not claiming legislative paternity here. After last year's 2017 fireworks warzones, a group of 3rd district residents -- with whom we've never spoken -- decided to look into the issue of fireworks enforcement. Their recommendations, which Price agendized for presentation at the June 19, 2018 City Council meeting, include using administrative enforcement [so they agree with us, showing great minds think alike.]

Administrative citations don't require a police officer to witness the misdemeanor crime and don't require a prosecutor to prove the charge to the very difficult criminal (misdemeanor) standard of "proof beyond a reasonable doubt." However, they can still carry hefty fines; a number of cities impose fines of $1,000 in specified circumstances.

In administrative enforcement, the person cited generally receives a notice of violation, which he/she can contest in an administrative/civil (not judicial/criminal) proceeding. The hearing isn't decided by a courtroom judge but by a civil hearing officer, someone usually chosen by the City. If the hearing officer finds for the City, there's usually some avenue of appeal (sometimes to the City Council), but if the fine is ultimately upheld, the person can either pay up or face a number of unpleasant City Hall debt-collection actions.

As Councilmembers Price, Supernaw, Austin and Pearce write in their July 24, 2018 agenda item:

Cities throughout the state have adopted additional, more aggressive approaches to illegal firework use, demonstrating that more can be done. Based on the impact on quality of life for our residents, the timing is ripe for Long Beach to adopt new tools based on best practices from other municipalities.

An administrative citation, being a civil citation and not punishable by jail nor appearing on a criminal record, would be established with the goal of improving quality of life by promoting and protecting the public health, safety, and welfare for residents. As an alternative to criminal prosecution, the use of an Administrative Citation could improve compliance and give the City an another method to use in seeking consistent compliance with fireworks ordinances in addition to its current tools of enforcement.

Within legal parameters, we believe the Long Beach City Council can adopt an administrative enforcement system regarding fireworks tailored to Long Beach's desires. Of course developing that system deserves public discussion and comment, so bring it on. For example, the 3rd district residents recommend sending "warning letters" first; we'd prefer to see the scofflaws fined immediately without an initial free pass. What do you think?

Other issues also require attention. What safeguards should be included in the LB's administrative process to protect against a false fireworks claim by one neighbor against another? How should the City handle administrative hearings and appeals?. What types of evidence should be considered? What standards should the City use to impose the fines? And how costly should the fines be?

And finally, as LBREPORT.com has repeatedly pointed out, administrative enforcement regarding fireworks isn't a panacea. Cities that use it still have fireworks scofflaws. We are mindful of the inherent difficulty (some would say folly) of trying to enforce prohibitions on activities in which mass numbers of people engage.

But that's not the case here. Relatively speaking, a small proportion of people get hold of CA contraband mortar launched rockets and ground-based bombs. It's their scofflaw behavior that impacts large numbers of people. We believe that when word gets out that doing so in Long Beach will result -- without a cop showing up -- of a real world fine of at least $1,000, the result will deter at least some of the scofflaws (or at least send them out to the desert instead of to our beaches.)

LBREPORT.com believes the July 24 Council item is the right thing to do to address the selfish, contemptuous, anarchic behavior of a few that impacts multiple families, children, veterans and pets on July 4th and, in some neighborhoods, weeks before and after.

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