Harsher penalties, but one council member believes an all-out
ban would be best
Gilroy – This year, city officials along with police and fire, will introduce harsh financial penalties and new enforcement tactics in the battle against illegal fireworks. City Councilman Charlie Morales believes the next step is an all-out ban on all fireworks – even those deemed “safe and sane.”
This past Independence Day firefighters and police confiscated 2,000 more illegal fireworks that the year before, for a record high of 7,349.
Some neighborhood displays rivaled those overhead at the high school. The skies lit up with the soft red, blue and green glows as illegal fireworks exploded across northwest Gilroy. Dispatcher phone lines were clogged with more than 100 calls of illegal fireworks displays as local residents seemingly thumbed their noses at police and fire officials patrolling the streets.
“We need an effective penalty system,” Division Chief Ed Bozzo told city administrators at a recent retreat that included police and city officials.
They may have found one.
According to Police Chief Gregg Guisiana, the city is considering issuing administrative citations instead of penal code citations, which puts the burden of responsibility on the homeowner.
“Last year we were only able to go after the person that physically held them,” Guisiana explained.
Now, the property owner will be held responsible if illegal fireworks are found on the site.
“The fireworks are a hazardous material. If there’s (illegal) fireworks at a house, the landowner is responsible,” he said.
Gilroy is the only city in Santa Clara County that doesn’t ban fireworks outright. Two people were cited this past Fourth of July for the possession of illegal fireworks. In 2004, three individuals were cited.
This year, certain neighborhoods setting off illegal fireworks were found using individual spotters who watched out for law enforcement officials.
In the past, it was difficult to issue citations because police had to see the individual set off the firework, not just the explosion overhead. Under the proposed system, they have to prove that they didn’t set off the fireworks.
Police will start targeting certain neighborhoods for criminal enforcement as well as issuing administrative citations. Cities such as Santa Rosa, Napa, Victorville and Chico currently issue administrative citations, with fines up to $1,000. Currently, there is no set price tag on Gilroy’s administrative citations.
“We did have some pretty tragic fires a few years ago and that’s why we’ve stepped up the enforcement,” Guisiana said, referring to two residences that went up in flames in 2003 after sparks from a safe and sane firework ignited the bushes outside one home, and an illegal bottle rocket that caused a roof to catch fire. Together, the fires caused more than $400,000 in damages.
Last year, firefighters patrolling in engines on July 4 could not enter one neighborhood where illegal fireworks were being set off because residents blocked the entrance with a construction horse. Smoke filled the streets and for safety reasons, firefighters opted not to enter the area on foot and called in police.
“When people are setting off fireworks, the streets get very filled with smoke and there’s a lot of little kids running around,” said Fire Chief Dale Foster. “You have to be very careful. We don’t want any value of our presence to be offset by any injuries.”
Next year, firefighters will no longer patrol the streets in engines. Instead, fire administrators will be on the roads in smaller vehicles helping police issue citations.
Fire officials also do not want firefighters putting themselves at risk by confiscating illegal fireworks from angry individuals.
Foster believes the new plan is less confrontational and a step in the right direction. The fire and police departments will likely present a final plan to City Council in March.
However, some people feel the city needs to get even tougher.
“I would support a ban (of safe and sane fireworks),” said city councilman Charlie Morales. “I think the end result is still the fire itself – whether it’s created by a safe and sane or illegal (firework) – is it worth a dwelling or a life?”
Morales believes the city should join the rest of Santa Clara County cities and create an all out ban.
“It only takes a spark and in July it’s very dry brush around,” he said. “The brush in the foothills could create an inferno … I certainly could see the Oakland fire here in Gilroy.”
However, a portion of the sales of safe and sane fireworks are the lifeblood of about 16 local nonprofit agencies. Eliminating them would be costly to the community services programs that are able to hold special events for adults and youth.
“Most fire departments are under the opinion that no fireworks is the best route to go,” said Fire Chief Foster. “Gilroy is a city that feels safe and sane is still safe to have.”
The fire management and fire service can provide some input to policymakers, but Gilroy policymakers very much want safe and sane fireworks here, he said.
Mayor Al Pinheiro is one of them.
“We can’t as a society keep banning everything … just because some people spoil it,” he said.
He does not believe that banning fireworks will solve the problem in the city and will only punish law abiding citizens from holding traditional Fourth of July festivities with safe and sane fireworks.
“Last year it really bothered me that so many people were caught, but we didn’t have the ability to give out fines,” he said.
He supports the new initiative of administrative citations. By hitting people in the pocketbook who set off illegal fireworks, Pinheiro believes the number of offenders will decline.
“We mean business,” he said. “If you are going to do something illegal, you’re going to pay for it.”
