A newly-proposed Long Beach ordinance will attempt to reduce the use of illegal fireworks by increasing penalties under a “host liability” model that will charge properties for all emergency response costs related to the fireworks.
That means any person who “organizes, supervises, officiates, conducts, controls or is otherwise in control” of a fireworks activity at a property can be held liable. That includes property owners, tenants, landlords and property managers.
“The ultimate responsibility is to the property owner,” Deputy City Manager Linda Tatum said. “When a property owner is going to know or be aware or be responsible for any activities that a tenant, a visitor, or even someone who is just there, as long as they’re on their property, they’re responsible for those costs.”
Under the proposed ordinance, they can also be held liable for fireworks going off in an alleyway, adjacent property or adjacent right-of-way if they return to an identifiable property location by which to attach the violation.
Fireworks are illegal in Long Beach. The use of fireworks is currently punishable by a $1,000 fine.
Under the newly-proposed ordinance, the language of which was approved unanimously, violators can be held accountable for the following costs:
- Emergency personnel salaries and benefits
- Administrative costs
- Medical treatment for emergency personnel
- Use of city equipment
- Damage to city property or equipment
- Any other costs related to enforcement
Councilmember Stacy Mungo Flanigan expressed concern about the ordinance, especially the fact that small property owners could be held liable for the actions of their tenants.
“I think it’s important for there to be a process or a way where we ensure that the individual putting off the fireworks is actually the one that is held accountable,” Mungo Flanigan said.
She suggested adding a provision whereby, if property owners can prove that they notified their residents of the penalties, they could avoid fines.
Deputy City Prosecutor Art Sanchez said that owners could provide documentation of such action, which would be taken into consideration while prosecutors evaluate whether or not to proceed with a citation.
The ordinance also includes a provision that would nullify such a citation if hosts initiate contact with police or fire personnel to mitigate the fireworks.
“We have been having this problem for years now,” Councilmember Mary Zendejas said, noting that fireworks set off car alarms, disturb sleep and affect veterans with PTSD. “Yet despite that $1,000 fine that we already have […] we have seen an increase in the number of illegal fireworks.”
On July 4 of last year, the Long Beach Police Department (LBPD) received 799 fireworks-related calls to service, representing a 67% increase in calls compared to an average day, according to the item.
From 8:30 p.m. to 9:15 p.m. that day, LBPD received an average of ten calls to 911 and non-emergency lines per minute.
So far, LBPD has confiscated nearly 1,000 pounds of fireworks, according to Police Chief Robert Luna.
“We plan on doing many more,” Luna said. “Just as a warning to anybody who’s out there, you’re going to get a very heavy fine for trying to sell fireworks in the city of Long Beach.”
Residents can report the use or sale of illegal fireworks on the City prosecutor’s website. The Long Beach City Council approved the language of the ordinance at its meeting, but will take a first vote of approval next Tuesday, June 15.
The Long Beach City Council will discuss fireworks penalties again at its next meeting on Tuesday, June 15 at 5 p.m. via teleconference.
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