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Fireworks Enforcement By Administrative Citation? Councilwoman Price, Joined By Councilmembers Supernaw, Austin & Pearce (Finally) Agendize Issue For Council Discussion

Action comes about a year after LBREPORT.com constructively suggested this


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(July 16, 2018, 8:35 p.m.) -- Roughly a year after LBREPORT.com constructively suggested it, and just weeks after a group of 3rd Council district residents independently recommended it, Councilwoman Suzie Price, joined by Councilmembers Jeannine Pearce, Daryl Supernaw and Al Austin have agendized an item for the July 24 City Council meeting requesting a city management "report on [the] feasibility of implementing expanded fireworks enforcement/administrative remedies."

After itemizing the City of LB's current fireworks enforcement efforts, the four agendizers (three of whom comprise the Council's Public Safety Committee [Price, Supernaw, Austin]) write in pertinent part:

Significant work to address these violations have clearly been effective at reducing the incidence, but there remain additional methods that could continue this positive progress. Recently, a group of Third District residents conducted extensive research and developed a number of recommendations for consideration by City leadership. Among them were the possibility of implementing an administrative citation process for fireworks violations; the use of video recorded by residents to enforce fireworks violations; expanded public information campaigns to reduce incidents of violations, provide additional ways for violations to be reported through technology like texting cell phone videos, utilizing the Go Long Beach app, and using video evidence for citations and enforcement.

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.

The Price-Pearce-Supernaw-Austin memo acknowledges (above) that other CA cities have been using administrative enforcement to deter fireworks scofflaws for some time.

[Scroll down for further.]




Over a year ago on July 13, 2017, the City Council's Public Safety Committee (Price, Supernaw, Austin) received an LBPD/LBFD report noting that a misdemeanor (criminal) fireworks citation requires a police officer/fire investigator/peace officer to witness the crime being committed by the individual. The Committee commended LBPD/LBFD for their work, lamented the current state of affairs but made no voted recommendation(s) to the full City Council.

That prompted LBREPORT.com to look into the matter, and on July 21, 2017, LBREPORT.com described how 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 (risky, requires police-level training.) In other cities, City Hall may use online emailed reports from residents and send the alleged scofflaw a notice of violation. Some cities begin with warning letters that escalate into fines; others impose fines immediately.

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On June 19, 2018, perhaps anticipating another year of "warzone" fireworks conditions, LBPD/LBFD presented a report that (again) didn't mention using administrative citations. However Councilwoman Price also agendized a separate item allowing a "Third District Residents' Fireworks Committee" to present the results of its near year-long research...which recommended actions that included administrative enforcement.

Councilwoman Price thanked the Committee for its volunteer work 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."

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On July 5, 2018, after this year's recurrence of "warzone" level fireworks in some neighborhoods, LBREPORT.com wrote a pointed perspective piece titled: "'Warzone' CA-Contraband Fireworks (Again) Impact Wrigley, Parts of NLB And Central LB, Sporadic In Parts Of ELB...After Long Beach Mayor/Council Fail To Pursue "Administrative Enforcement" -- Procedure Not Requiring Police But Carrying Hefty Fines -- That Other Cities Use To Deter Fireworks Scofflaws" at this link.

And now Councilwoman Price has done what she indicated on June 19 that she'd do. She has agendized the issue of administrative enforcement, and her agendized item is at this link.


July 21: Text above revised to explicitly note, as our quoted portion of the agendizing memo did, that the agenda item acknowledges that other multiple cities have been using adminsitrative enforcement to deter fireworks scofflaws for some time.

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LBREPORT.com is reader and advertiser supported. Support independent news in LB similar to the way people support NPR and PBS stations. We're not non-profit so it's not tax deductible but $49.95 (less than an annual dollar a week) helps keep us online.


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