+ Council Promised "Illegal Explosives And Fireworks Action Plan" Fizzles For Now, No Agendized Item Visible In October, City Mgm't Remains Hostile To Administrative Enforcement (Hefty Civil Fines Avoiding Criminal Prosecution) Used By Other Cities (Incl. Lakewood)
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Council Promised "Illegal Explosives And Fireworks Action Plan" Fizzles For Now, No Agendized Item Visible In October, City Mgm't Remains Hostile To Administrative Enforcement (Hefty Civil Fines Avoiding Criminal Prosecution) Used By Other Cities (Incl. Lakewood)



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(Oct. 12, 2020, 8:45 p.m.) -- An "Illegal Explosives and Fireworks Action Plan" -- agendized on June 23 by Councilman Al Austin joined by Councilmembers Mary Zendejas, Rex Richardson and Vice Mayor Dee Andrews -- that the public was led to believe in Council colloquy would return for follow-up in October -- has failed to materialize on any October Council agenda (including the just released Oct. 20 agenda for the final Council meeting before elections in Council districts 2, 6 and 8.)

It's possible the item could still be added as a "supplemental" item for the Oct. 20 Council meeting (and would be handled like any other agenda item) but that won't be known until the supplemental agenda becomes visible after 5 p.m. on Friday Oct. 16.

City management provided no response to LBREPORT.com's emailed inquiry this morning (Oct. 12) when we inquired about the item's whereabouts and scheduled date for Council follow-up action.

In recent weeks, LB neighborhoods from Wrigley to Central LB to NLB to ELB have (again) been reporting with displeasure detonation of neighborhood rattling explosive devices (see Long Beach Against Illegal Fireworks..

The June 23 Council agenda item directed multiple actions:

  • 1) Request City Attorney to draft an ordinance that would include a person who owns, rents, leases or otherwise has possession of a premises as a responsible party for the illegal use, discharge, possession, storage or sale of fireworks on the premises;

    2) Request City Attorney and City Manager to report back to the City Council with options for increasing the penalties for anyone cited or arrested for fireworks violations;

    3) Request City Attorney and City Manager to report back to the City Council on the feasibility of including an administrative citation process for illegal fireworks use, to allow for additional enforcement capability in Long Beach;

    4) Request City Manager to assess the feasibility of establishing an online portal or GoLongBeach app feature for residents to submit video evidence of fireworks violations for referral to the City Prosecutor

    5) Request the City Manager to assess the feasibility of using OpenData or crowd sourcing to create a publicly accessible heat map of incidents of illegal fireworks and explosives in Long Beach.

    6) Request the City Manager to assess the feasibility of establishing a fireworks hotline for residents to report illegal fireworks and explosives.

    7) Request the City Manager to provide an update on public education efforts this year that all fireworks are illegal in Long Beach.

[Scroll down for further.]






On August 24, city management sent the Mayor/Council a non-agendized memo (visible at this link indicating that city management had formed a "Fireworks Committee" comprised of City staff, including the Assistant City Manager (Chair), Police Chief, Fire Chief, City Prosecutor, and two Deputy City Attorneys and said the Committee "will meet monthly." Conspicuously excluded from the Committee: any representative(s) for the grassroots Facebook group that pressed for more forceful City Hall action on the issue.)
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Regarding increased fines, management's Aug. 24 memo disparaged the use of administrative citations, used by the City of Lakewood and multiple other cities. On July 21, 2017, LBREPORT.com reported on administrative citatations and offered it as a constructive suggestion here. Since then, LBREPORT.com has continued to report on the issue here, here, here, here, here and here.

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Management's Aug. 24 memo states: "Currently, the City has the ability to issue administrative citations, which can carry fines up to $1,000, per California Government Code Section 36901, for violations of ordinances. The Committee will evaluate whether it would be possible to increase the fine amount through a new ordinance, or through the addition of new fees, such as the Fire Marshal fee ($250) and other penalties imposed by the City of Lakewood, CA. Issuance of administrative citations, however, poses a number of challenges as have previously been communicated in a memorandum dated March 15, 2019. Criminal prosecutions have proven to be more effective."

[LBREPORT.com comment: Relying on criminal prosecution alone effectively keeps fireworks enforcement within the purview of the Long Beach police officers union.]

An item currently appears on the Oct. 13 Council agenda to "receive and file" (take no action on) "a report from the Third Council District Committee on illegal fireworks mitigation recommendations." The item, agendized by Councilmembers Suzie Price, Daryl Supernaw and Al Austin originally included "a report from the Long Beach Fire Department on the status of illegal firework outreach, education, and enforcement plans" but that portion of the item has disappeared.

The "Third District committee" is a non-management item and its "report" isn't attached for public review by Councilwoman Price or its other Council co-agendizers. [LBREPORT.com comment: LBREPORT.com considers the Oct. 13 item basically a distraction from the lack of a serious city management response to the Council's June 23 voted action.]

Developing.

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