It's a measure on which LBREPORT.com reported nearly a year ago.

Last July 4th, LB residents reported mortar launched rockets and ground-based explosives. In recent weeks, Wrigley area residents have reported near-nightly detonations of M-80 type bombs. Last night (June 30), a similar explosive device rousted residents in part of ELB's 5th Council district.

Nearly a year ago on July 13, 2017, the City Council's "Public Safety Committee" (Price, Supernaw, Austin) received an LBPD/LBFD report re-stating what's been repeatedly stated before: a misdemeanor fireworks citation requires that a police officer/fire investigator/peace officer witness the crime being committed by the individual in the officer's presence. Even when that occurs, a city prosecutor must then file a case and prove the misdemeanor against the individual in court "beyond a reasonable doubt" (a high burden to meet.) The Council's "Public Safety Committee" commended LBPD/LBFD for their work, lamented the current state of affairs and made no voted recommendation(s) to the full City Council.

[Scroll down for further.]

That inaction prompted LBREPORT.com to look into the matter. On July 21, 2017, LBREPORT.com reported that other cities use administrative citations -- civil notices, not misdemeanor criminal charges -- that don't require police or other sworn peace officers. Non-sworn city employees can issue administrative fireworks notices of violation that can carry hefty fines. The process differs from city to city, decided by their individual City Councils. In some cases, a police officer/peace officer may hand out an administrative citation in the field (always risky, requires police-level training.) In other cities, City Hall uses online emailed reports from residents and sends the alleged scofflaw a notice of violation. Some cities begin with warning letters that escalate into fines; others impose fines immediately.

A person receiving an administrative fireworks notice of violation typically has the right to some type of civil appeal hearing, often handled by city-hired hearing officer (instead of a court judge.) The city-hired hearing officer can impose the fine without meeting the difficult criminal prosecution standard of proof beyond a reasonable doubt. The person found liable in the civil administrative process either ends up paying the fine or facing unpleasant city debt collection actions.

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As LBREPORT.com first reported nearly a year ago:

[LBREPORT.com, July 21, 2017 text]

...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...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...

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...

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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We've since learned that the City of San Jose has been using the administrative process as part of an online fireworks reporting system described on its website as imposing fines of $500 for a first violation, $700 for a second violation (within 18 month period from date of previous violation), $1,000 for a third violation (within 18 month period from date of previous violation). The city offers an online reporting form to map where fireworks are being used and, with accurate information, may result in the issuance of citations to fireworks users. "Using the form will not result in enforcement officers being immediately dispatched to the scene," the City of San Jose's website says.

In its Terms of Use, the City of San Jose's website says:

This program serves to deter the use of illegal fireworks and promote public safety through collaboration between the City of San José (City) and the community we serve. Accordingly, all form submitters agree to the following terms and conditions: 1. Any photo or video footage containing or related to illegal fireworks use that is submitted may be used by the City as evidence during any stage of an investigation. 2. Under no circumstances shall residents who report the use of illegal fireworks construe that they are acting as an agent or employee of the City, San José Fire Department, and/or the San José Police Department. 3. The City will contact you to confirm the contents of this complaint using the phone number and/or email address provided herein. If the responsible party contests his/her citation(s), you will be asked to provide evidence regarding this complaint. By submitting this information, I understand and agree to the above policy and terms of use.

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In contrast, and perhaps anticipating another year of "warzone" fireworks conditions, on June 19, 2018 the Long Beach City Council received an LBPD/LBFD report that (again) doesn't mention using administrative citations. Instead, it states:

This year, in an effort to respond to increased reports of illegal fireworks on the nights of July 1 through July 5, the Fire Department will deploy two additional patrol vehicles, each staffed with two Arson Investigators. These additional units will work in conjunction with the Police Department's proactive patrols. Patrols will continue to target areas of the City historically known for frequent use of fireworks, as well as respond to reports of illegal fireworks activity Citywide. Anyone cited or arrested for fireworks violations may be issued a $1,000 fine, sentenced to jail for up to six months, or both...In addition to the above measures, the Fire Department is working with the City Prosecutor to develop processes to help public safety staff to better identify users of illegal fireworks...

A few minutes earlier at the same Council meeting, Councilwoman Suzie Price (recently re-elected, has chaired the Council's Public Safety Committee for nearly all of her first four years) introduced a related fireworks item she agendized. "In working with our Fire Department, last year my office set up a committee of Third District residents to become better educated on the topic and develop recommendations." she wrote in allowing a "Third District Residents Fireworks Committee" to present a report on "mitigation recommendations."

Nearly a year after LBREPORT.com first reported on it, the "Third District Residents' Fireworks Committee" (independently of us) recommended "administrative enforcement."

Councilwoman Price thanked the Committee for its volunteer efforts and said: "The administrative citation option is something that my staff is researching now to bring back as a potential agenda item in the future." Councilwoman Stacy Mungo added that she believes the "Go Long Beach app" might be helpful with an administrative process. Councilwoman Jeannine Pearce agreed with Mungo. Mayor Garcia also thanked the Committee.

Neither the 3rd Dist. Citizens Committee nor Councilwoman Price nor the Mayor nor any other Councilmember(s) publicly asked why the City isn't using this tool now. The Council voted to receive and file the report.

LBREPORT.com (again) followed-up. Assistant City Attorney Mike Mais said [our summary description] that LB's Municipal Code contains the legal foundation for using administrative proceedings to handle fireworks-related misdemeanors. [Unspoken: the legal foundations has been in place for some time.]

LBREPORT.com invited a denial or explanation from city management as to why the City of LB isn't using administrative citations for the upcoming July 4th holiday period, and hasn't used it in areas (like the Wrigley area) which report chronic problems with fireworks scofflaws. City of LB Public Affairs Officer Kevin Lee told LBREPORT.com on June 29 that he's looking into the matter and will try to have more information in the coming week.

LBREPORT.com notes that LB's Muncipal Code doesn't include a detailed mechanism for administrative enforcement specific to fireworks. It has a "catch-all" provision allowing administrative enforcement of multiple Muni Code sections, including fireworks. City management, or the Mayor, or a Councilmember(s) long ago could have, and on any upcoming Tuesday still could, proposed ordinance provisions detailing specifically how the City of LB will handle administrative fireworks enforcement.

Implementing administrative fireworks enforcement raises a number of issues. Among them: Should the City issue a warning letters first? How large should the fines be? What kind of evidence/proof should the City consider or require? What protection(s) will be in place to prevent someone with a grudge from falsely reporting a neighbor? What happens when an individual says he/she was inaccurately or unfairly or falsely fined as a scofflaw? It's not a panacea, but an additional tool the City of LB apparently isn't using now.

All of these issues, pro and con, are overdue for Long Beach City Council consideration.

Better late than never...but we regret that despite LBREPORT.com's report in July 2017, LB's Mayor and Councilmembers didn't aggressively and systematically pursue administrative fireworks enforcement before July 4, 2018.

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