HomeMy WebLinkAboutAgenda Report - February 19, 1997 (63)CITY OF LODI COUNCIL COMMU1vICATION
AGENDA TITLE: Sale and Use of Legal Fireworks in the City of Lodi
MEETING DATE: February 19, 1997
PREPARED BY: Scott Kenley, Fire Chief
RECOMMENDED ACTION: That the Council ratify Alternative I and maintain the ban on the sale
and use of fireworks within the city limits of the City of Lodi.
BACKGROUND INFORMATION: In 1996, the City Manager was approached regarding the possibility of
the city approving the sale of safe and sane fireworks. Currently,
fireworks are banned in San Joaquin County except for the City of
Ripon. At the informational meeting on January 21, 1997, the Lodi
Fire Department presented information regarding the issues relating to the sale of legal fireworks in the City
of Lodi. This issue was brought to the council's attention by non-profit groups within the city. During the
discussion, council listened to several citizens on each side of the issue and a report from the Chief of
Police. Council was presented with information relative to statistics gathered by the California State Fire
Marshal's Office with regards to fires and injuries caused by legal and illegal fireworks. The fire
department stated, and was supported by citizen comments, that "Although legal fireworks does not present
a severe fire hazard, they do mask the ability to identify the illegal fireworks that do present a significant
problem to the fire and life safety of the community."
Additional discussions centered on the application process, number of permits per year, how permits would
be issued, who would be eligible for permits, etc. Answers to these questions have not been fully explored
and would require meeting with the interested non-profit groups to bring consensus on the protocols.
ANALYSIS
Although legal fireworks, through statistical analysis, do not present a significant hazardous situation, they
still cause injury and some fires. In addition, they mask the ability of fire department personnel to easily
identify the illegal fireworks that have been known to cause significant fire damage and severe injuries. If
the sale and use of legal fireworks is allowed in the City of Lodi, there is a possibility that the use of illegal
fire works could increase without the fire and police departments being able to identify it.
This issue was brought to the council by non-profit groups within the community. Testimony received at
the shirtsleeve session identified an acceptable saturation coverage as being approximately 15 booths.
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Further comments at the shirtsleeve session set the average net income from a booth at approximately
$7,000. Conservative estimates could identify as many as 100 non-profit groups in the community that
would be interested in having a booth. If the procedure was to have one initial drawing to identify the 15
non-profit groups, there would be 85 unsatisfied groups in the community. If the procedure was to set up a
system that allowed all interested groups to operate a booth, each group would be able to receive the net
proceeds of $7,000 once every seven years for an annual net intake of $1,000.
Based on the research and information presented at the shirtsleeve session, staff has identified two possible
alternatives. They are:
Alternative 1: Maintain the status quo and keep, in place, the ban on the sale and use of fireworks, as voted
on by the County Board of Supervisors.
Alternative 2: Direct staff to meet with the interested non-profit groups to identify the permitting process
and develop an ordinance permitting the sale and use of legal fireworks for council approval.
Set a Public Hearing for Wednesday, March 19, 1997, to hear the ordinance and allow for
public input.
FUNDING: NONE
Scott W. Keele
Fire Chief
SK/lh
Q:ICCFIRE.DOT
TO: MEMBERS, LODI CITY COUNCIL
FROM: DON HAWKINSON, RESIDENT - CITY OF LODI
DATE: FEB. 1, 1997
SUBJECT: POSSIBLE LEGALIZATION OF SAFE & SANE FIREWORKS
For reasons of personal and public safety, the prohibition of all fireworks
within the City of Lodi should not be rescinded.
The public safety of many should not be compromised for the monetary profit
of a few, regardless of how worthy the cause.
At risk is the entire population of the City of Lodi, especially the young,
in addition to all private and public property, especially the Lodi Lake
Wilderness Area. Also endangered would be all levees, all vacant weed lots
(especially those that border, occupied dwellings), all irrigationcanal
right-of-ways that pass through residential areas and the railroad right-
of-ways bordering residential and commercial properties. NOTE: weed
abatement of the above areas/properties is seldom completed by July 4 and
dry grass abounds.
"Safe and Sane" fireworks is a misnomer; no fireworks are safe. Some have
had the risk reduced and henceforth "approved" by the California State Fire
Marshall. It is a calculated risk since "Safe and Sane" fireworks are just
"approved", NOT certified as safe.
If "Safe and Sane" fireworks are to be allowed within the City of Lodi,
they should be heavily regulated and controlled as follows:
Booths:
1. A substantial, non-refundable permit fee charged for administrative
purposes.
2. The number of stands should be limited.
3. There should be restrictions of the locations.
4. There should be 24-hour security to guard against vandalism,
especially by fire. NOTE: A fireworks stand on fire is not only a
hazard to the community, it is especially dangerous to the fire
fighters who must respond to extinguish it (at that time they are no
longer "Safe and Sane" fireworks, but can become explosive).
5. Booths in violation of any regulations, unsafe handling of
fireworks, or sale to underage persons to be closed on the spot and
all permits and/or agreements rescinded.
Yearly Review:
1. Number of fires attributed to all fireworks.
2. Property damage.
3. Injuries or death.
4. A check of emergency room and urgent care facility
records reflecting injuries by fireworks.
Other:
1. Fines for the careless and unsafe use of "Safe and Sane"
fireworks.
2. Heavy fines ($500.00 or more) and/or, jail time for the possession,
use or sale of illegal fireworks.
3. Prohibit the use of fireworks at Lodi Lake by the public to guard
against injuries due to indiscriminate or careless handling and
an attempt to protect the Wilderness Area. In other words: to
protect public safety and property.
4. Restrict the age of persons who ignite fireworks to 16 years or
older.
SAFESANE
r v.
PROMOTIONAL
January 27, 1997
The Honorable Phil Pennino
Mayor of the City of Lodi
305 West Pine Street
Lodi, CA 95240
Dear Mayor Pennino:
On behalf of both American Promotional Events, Inc, as well as myself, I
would like to take this time to express my sincere appreciation for the
opportunity to appear before the City Council on Tuesday, January 21, 1997.
In addition, I wanted to promptly respond to your request for additional
information about American Promotional Events, Inc. and its principals, the
Anderson family.
As your fire chief informed you in both his written report as well as his remarks
last Tuesday, American Promotional Events, Inc. is not only the state's largest
wholesale distributor of state approved ("Safe and Sane") fireworks but the
nation's leading consumer fireworks company that is known for its strength of
commitment to excellence and the quality of its associates. Since entering the
California market seven years ago, American Promotional Events, Inc. has
kU'distinguished itself throughout the state, and more particularly in each of the
communities it serves, as a company that is "committed" to safety, quality
and service.
Whether its from helping to develop and implement statewide as well as local
fireworks safety and education efforts: to working to remove wire -core
sparklers from the market in California; to toughing local ordinances -
American Promotional Events, Inc. has established safety not only as a
responsibility but a high priority which it enthusiastically embraces.
8450 Rovana Circle
Sacramento, CA 95828
Office: (916) 387-2335
Fax: (916) 386-0745
8450 Rovana Circle
Sacramento, CA 95828
Office: (916) 387-2626
Fax: (916) 366 m45 FRS$DOM�
r
Mayor Pennino
January 27, 1997
Page 2 of 3
American Promotional Events, Inc. has worked with the Office of the State
Fire Marshal to draft, develop and secure passage of tougher statewide
regulations to improve the quality and performance standards of the state -
approved fireworks items sold in California as well as increases in the
industry's license fees so as to provide the necessary funding for police and fire
departments to crack down on and rid communities of dangerous, illegal
fireworks. All of this has been done so as to ensure that families can enjoy
safe, 4th of July backyard fireworks celebrations.
American Promotional Events, Inc. has strived to be true partners in service to
each community whose non-profit organizations they serve. We recognize that
the current economic times and difficulties are having their impact on the
budgets of public sector agencies as well as non-profit community
organizations and charities. The local civic organizations who sell state -
approved fireworks range from service clubs, youth organizations, shelters for
battered women, fraternal and veterans organizations, little leagues, school
booster clubs to PTA's and charities. Like many public agencies, these
organizations have to face the dilemma of decreasing revenues in the face of
mounting costs of the services they provide to their communities. American
Promotional Events, Inc. works aggressively and with every creative ounce of
energy possible so as to maximize these organizations' annual revenue so that
they in turn can plow those benefits back into their communities and help build
a better California.
As I stated during my appearance before the City Council last Tuesday,
American Promotional Events, Inc. is one of several distinguished corporations
owned or controlled by the Anderson family. Among these highly -respected
family-owned companies are some that I am sure you will recognize:
• Hibbits Sporting Goods (a chain of major sporting goods stores in
the South)
• "Books -A -Million" Book Superstores (the nation's third largest
retail chain of bookstores)
• Anderson News Company (one of the nation's largest book and
periodical distribution companies)
• Anderson Merchandisers (exclusive book, video and pre-recorded
music supplier for all WalMarts nationwide)
• Treat Entertainment (the largest wholesale distributor in the U.S.
of collector and trading cards)
Mayor Pennino
January 27, 1997
Page 3 of 3
In addition, the Anderson family is one of the charter members of the American
Fireworks Safety Laboratory (AFSL). This is a fireworks testing and safety lab
similar to Underwriters Laboratory (UL) that works to improve and maintain
the quality and consistency of the fireworks products sold in the United States.
I sincerely hope that this is responsive to your request. Should you desire
further information please feel free to contact me.
Sincerely yours,
f
Cathy Ca tilone
Vice President
Northern and Central Divisions
C.C.
Councilman Keith Land
Councilman Stephen Mann
Councilman Jack Sieglock
Councilman David Warner
City Manager H. Dixon Flynn
Fire Chief Scott Kenley
Police Chief Larry Hansen
City Attorney Randall A. Hays
Sally Suffan Doerr
Area Manager
Northern Division
11:03 02%19/19? LODI TENT 3 AWNING 368 3216 PAGC01
LORI
TENT & AWNIEN COMPANY, Inc.
1617 ACKEAMAN DRIVE —TELEPHONE (209) 369.6557 j, ^ �, _
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LQDI, CALIFORNIA 95210 %isle Contramor's License
Nu TMOr 250215
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Peh, 19, !997
+.1`n Al I City Counci Iman of
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Thi;; l,lci _is in rFfc rr'rrc:c: to ,your con s:i(ir.,r-rlti_on for making 1''ircworks
legal Cot- otl r- community...
Befc)re you ric':c.:icic', i wish yon wi,uld watch the 10 and 1'I:00 o'clock
nowt. c' -pasts from '1996, chamiels 3,111,1 'i'hoy rill married seenei;�
nl Pirox.o.n, overworked wi I.lh l.ho call;:, directly r.P.latl_c:ct to Fireworks,
and it; pari: i r..%A I ax , 1 mother, whnsc: ch i I d wi;u5 in the hospi to l .. .
'1111s child was heart_ with a i ir(_�wo.iku itent, laholed 9a4:.e... , as you are
nc�w C.r�nr;irte r i11ej; it was not safe!
rhe Ice wi 13 have medical. i.reat---
menta iand pa i r� no dol i ar.' i Worth 1 Chil e3' s sof ftiri nq tho J ossa of
EY ;>1GHT OR ANY BURNS 1110 Txl Tlt 11(11 :t1,S.
k i du aro rel yinq on char hest_ }ttciyr:mc t7 t., but when Pireworks
are lcgtal.ir..+: cl in OUT rommuni i_y>. somc om.. , :, miething, will get hurt_.
H)c! Cdn r.taisc� funds in a much safer ( ash i on if thrvy try!
My t.hourir,t_: Why buil-d them swings on <a pl aygrmind it- yoga have all.owesd
1''.IREWORKS to damage their hand so they can not. harlq Urr_ . -
Why bei i 1 ci the>m =; I i rias t.c> qct down, if you have: allowed
P'110i+]( RX.1r, to iJ amagc their night to prevent Lhem from safely
1.-.I :i.nibing t hc l a dd(,rs .. .
'.i'}1c:• 1 i, m:an clo on, and on, and an.
Y, l c: ::'.c rr:rnc,m1.x •r , no neer I I :i.r is wor-t_h pa i n to t.hn i.,r bbd i c`s or t•he i.r hook, .
7.+haank you,
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FEB -19-1997 12:03 368 3216 P.01
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February 19, 1997
To: Lodi City Council `' /�•
From: Loren & Joyce Dickerson j
2029 W. Tokay St.
Lodi, CA 95242
REGARDING FIREWORKS:
It is our understanding that tonight you will be discussing
the legalization of fireworks within the city of Lodi.
Through the years of experience we have all had regarding the
dangers of fireworks, we cannot understand your line of
thinking in this area.
Our city has tried to curtail the use of fireworks and we
have been pretty lucky for a long time, but each year we hear
stories of homes destroyed and children severely injured due
to careless use of fireworks.
Each Independence Day celebration brings pop -bottle rockets
flying around our neighborhoods with the threat of damaging
homes, and we can hear fire -crackers exploding out in the
streets.
Although the city display over Lodi Lake is nothing to rave
about, it seems to be an annual event young people enjoy.
Let's keep our town safe and sane during these celebrations
and continue to strictly regulate the use of these dangerous
items.
REGARDING PROPOSED BOAT RAMP AT LODI LAKE:
Let's keep the beauty and tranquility of Lodi Lake intact,
not destroy it with boats, boat trailers, jet skis, etc. and
the type of users that arrive along with those "toys." The
lake is much too small for boat traffic, and the river is
not suitable for fast boating and water skiing. We also own
a boat, and there are many places to go within just a few
miles for this type of activity. Additional insurance and
funding for upkeep would be needed when we can hardly support
athletic activities for young people in our city.
We have always felt that giving our beautiful park over to
the power boat races in July is a big mistake. After the
races, it takes weeks for the water to clear up enough to
enjoy. The lake is for the enjoyment of our own tax -paying
families - why do you constantly invite pollution from that
activity? Money isn't everything!
We have a beautiful outdoor getaway that can be enjoyed by
our families - let's not destroy it and encumber ourselves
with more liabilities.
FEB 12 '97 14:59 MAGIC ICE
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FEB -13-1697 17033 209 4b4 0750 P.01
February 10, 1997
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To Ladi City Council:
Speaking on behalf of the Tokay High Cheer Boosters
we would like to address the issue reguarding the firework
stands in Lodi.
We believe from the information presented to us it was a
safe program with prior education for children and adults.
[Under these circumstances we believe this would be in the best
interest for Lodi to adopt an ordinance for fireworks to be sold
in our community. This would help non-profit organizations as
well as the city to profit monies. People are going to Sacramento
County towns, to purchase fireworks. So for the best interest
of all -we should keep the money in our own community.
We know that the Gait Boys & Girls Club profits from
the sales of fireworks. We need some type of financing for non-
profit youth organizations that can have activities to keep our
kids off the streets.
Thank you,
THS Cheer Boosters