City has taken a step too far in its effort to control the use
of illegal fireworks. Administrative citations aren’t the proper
way to enforce the law
We’re all for enforcing laws against illegal fireworks. We don’t like the risks that the illegal variety pose to our city. They can start fires in our tinder-dry hills or in homes or apartments, and are dangerous for those who use them. Every year, illegal fireworks put a strain on Gilroy’s fire and police services.
Moreover, unless illegal fireworks use is punished and held in check, the use of legal fireworks – a family tradition fully enjoyed by this community and a source of revenue for many community groups – will go by the wayside.
It would be a lot easier for police to enforce fireworks laws if all fireworks were illegal. If the city can’t get the problem of illegal fireworks under control, banning all fireworks is an almost certain next step.
But we’re quite concerned about the newest weapon in the city’s arsenal to fight illegal fireworks: administrative citations.
Administrative citations allow police officers to mail a citation to the property owner where illegal fireworks were used – even if the owner is not home to control the activity.
“With administrative citations, some people may not even know they have been cited. They might just get a letter in the mail,” fire investigator Andy Holiday told reporter Rachelle Gines. “But hey, if you are the owner of the property, then you are responsible for what goes on there.”
We’re concerned about the lack of evidence and notification requirements for administrative citations. While we’re sure that Gilroy’s well-paid lawyers told them that this was a perfectly constitutional approach, we have our doubts.
But setting aside the constitutionality questions, administrative citations certainly aren’t fair. Is it fair to expect a property owner who isn’t home to prevent people from setting off fireworks on his property? Is it fair to expect a landlord who may not even live in our community to do the same?
We know it’s harder to issue municipal citations, which require a police officer to witness someone in possession of illegal fireworks, but it’s the right way to go.
We value public safety. We also value our rights. Let’s control illegal fireworks by issuing municipal citations, not administrative citations. It’s harder, but it’s the right way to accomplish this important task.
