This year, LB City Hall tried unprecedented levels of public messaging [including lawn signs]; LBPD seized large amounts of contraband and made high visibility arrests prior to July 4th; LB Mayor Robert Garcia held a press event alongside several Councilmembers, and LBPD and LBFD brass to stress that "all fireworks are illegal in the City of Long Beach."

And in the days leading up to July 4th, a number of residents commented on social networks that the situation seemed quieter than in previous years [exception: Wrigley residents reported explosions near nightly for days preceding July 4th.]

But July 4th was a different matter.

[Scroll down for further.]

Multiple videos surfaced on social network showing fireworks laws flouted in Long Beach and regionally. One video showed a group brazenly launching aerial rockets from what appeared to be LB's shoreline.

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Council Committee members commended LBFD and LBPD for their work but lamented a lack of additional police resources [that they budget] and a seeming lack of other governmental options. LBPD and Committee members acknowledged the fact that to make an arrest for a misdemeanor requires a police officer to observe the offense committed in their presence (or a resident to attest in writing under oath that he/she saw a particular person commit the offense and also agree to testify in court on the matter.)

One Committee member suggested providing (restoring) City Hall budget support for a July 4th professional fireworks show. Another said the problem was ultimately a matter of family-inculcated values. After much discussion, the net result was no voted recommendation by the Committee to the Council on what to do next year.

But LBREPORT.com has learned that some CA cities are doing something that (to our knowledge) Long Beach City Hall isn't doing. Those cities are bypassing the limitations of the criminal system by using a civil system to impose hefty but non-criminal administrative fines -- Garden Grove's City Council set the fine at $1,000 per citation (payable to City Hall) -- and the person receiving such a citation must then either pay the sum by a date certain, pursue a City Hall-designed "appeal" process [good luck] or face a number of unpleasant civil collection processes.

Garden Grove [which happens to allow "safe and sane" fireworks] also invites its residents to video record instances of individuals who ignite unlawful fireworks. Garden Grove PD then uses the video to identify the wrongdoer(s) and, if accompanied by a signed sworn statement by the person who made the video recording, hands the fireworks-igniter an administrative citation carrying the $1,000 fine.

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Below is text appearing on the City of Garden Grove website at this page

[City of Garden Grove text] During the upcoming July 4th holiday, the Garden Grove Police and Fire Departments are raising the public’s awareness to safety and increased police and fire presence. Additional police patrols will be identifying violators of the City’s municipal code on fireworks. Using or possessing illegal fireworks, including misusing or tampering with legal ones, carries a $1,000 administrative fine...

Effective immediately, individuals who videotape a person(s) violating the City's municipal code on fireworks, by lighting illegal fireworks, can contact the Garden Grove Police Department to have a $1,000 administrative fine issued to the violator(s). Along with the video, individuals must sign a Declaration of Evidentiary Intent form; retain/maintain the video evidence; agree to appear in all potential administrative appeal hearings and court proceedings; and assume any liability and/or damage arising from the issuance of the administrative citation for the events not occurring in the officer's presence...

Garden Grove PD Lt. William Allison told LBREPORT.com that it's not a panacea and Garden Grove still experiences many people who scoff city and state fireworks laws...but yes, Garden Grove is using the administrative citation system. A person cited can appeal the citation to a City Hall-hired "independent" hearing officer (not a court judge) and if City Hall's-hired hearing officer rules for City Hall, the cited-person can appeal the hearing-officer's decision to a court judge.

Persons who throw their administrative citation in the garbage don't face a criminal warrant but they can end up facing unpleasant City Hall collection actions, including a collection agency, and for some people that real-world consequence may be a real-world deterrent.

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A quick "Google" search indicates a number of CA cities use administrative citations; each city tailors its administrative citation process to its City Council's desires.

In May 2017, Inglewood's City Council adopted a system in which its code enforcement officers give out $100 citations for the first offense, $200 for a second offense, and $500 for a third offense.

City of Lakewood spokesperson Bill Grady told LBREPORT.com that Lakewood began an administrative citation process in 2007 with the following fine levels: $1,000 for the use of any aerial fireworks, even just one; $500 for the use of any illegal non-aerial fireworks, such as firecrackers; and $100 for the use of legal "Safe and Sane" fireworks outside of the legal time for their use, which is only on July 4th and only from 10am to 11pm. A City of Lakewood webpage adds that Lakewood has a "zero tolerance" policy that means everyone caught violating the city's law will be cited, and adds: "homeowners or tenants can and will be held responsible for what occurs on their property."

So...it's not a panacea or cure all. Prohibition repeatedly fails when it tries to prohibit items that consumers will buy when they believe the price is less costly than the likely legal consequences. LB's City Attorney's office would (obviously) first have to opine and guide the Council on what the City can and can't legally do. With those caveats: should LB Councilmembers do what (to our knowledge) apparently hasn't be done thus far: explore the possibility of enacting, customizing and implementing an administrative fine system for fireworks in the City of Long Beach?

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