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Illegal fireworks crackdown
Make property owners responsible?
illegal fireworks LT
Manteca Police officer David Bright loads part of nearly a ton of illegal fireworks seized in June 2014 in the citys Powers Tract neighborhood. - photo by Bulletin file photo

Manteca could be moving toward a “social host” style ordinance in a bid to clamp down on illegal fireworks.

Fire Marshal Lentz Ray will update the Manteca City Council on staff efforts to find ways to more effectively address illegal fireworks when the council meets Tuesday at 7 p.m. at the Civic Center, 1001 W. Center St.

The city’s current ordinance is virtually ineffective in putting a dent into the discharge of illegal fireworks — a year round occurrence in many Manteca neighborhoods. That’s because it requires law enforcement to witness the person firing off the illegal fireworks or for a citizen to step forward and make a “citizen’s arrest” in concert with a police officer.

Manteca Police Chief Nick Obligcion has noted when complaining neighbors are asked to do just that by officers who arrive on the scene but don’t witness an illegal discharge, they typically decline as they don’t want to get into a neighbor versus neighbor situation by having to testify in court.

Officers responding — when they don’t see who discharged the fireworks — will ask those they find at the location who did launch them. No one ever points the finger at anyone. That means the best officers can do is to seize any illegal fireworks that they see.

The fireworks task force will meet on Thursday to follow up on the direction the council will give them Tuesday. There are three options the council will be asked to consider:

uwork with other jurisdictions to create a unified task force.

uadd more resources to the current enforcement effort.

ufurther research the viability and procedures associated with a “social host” type ordinance.  

The most promising of the three to make an actual headway into illegal fireworks being discharged is the social host ordinance.

Social host ordinances target property owners for allowing the discharge of illegal fireworks from land they own whether they occupy it or rent it out.

Under California law, a city can assess a $1,000 fine and only need to provide proof such as undercover officers videotaping illegal fireworks being shot off to tie it to a particular property. 

 

Union City, Clovis, Fresno and Kern County have put such ordinances in place. They are based on the same state laws that Manteca used during the housing crisis to make property owners responsible for addressing blight involving their rental.

Clovis this year was able to legally document 20 instances of illegal fireworks being shot off during the Fourth of July weekend. They have sent citations to the property owners along with a notice they are being fined $1,000. 

The task force has concluded problems associated with legal fireworks are minimal noting most of the hazards, complaints and incidents in Manteca dealing with fireworks are those that are illegal. 

Illegal fireworks typically are those that can take flight. 

The council first allowed legal fireworks in Manteca in 2004. Each year, non-profits compete in a lottery for the right to sell fireworks in the week leading up to July 4. The 16 groups that are permitted to sell fireworks end up pocketing anywhere from $1,000 to $30,000 in net proceeds.

In 2014 Manteca Police seized 2,400 pounds including 2,000 pounds from one location in the Powers Tract neighborhood where an individual was selling them. This year illegal fireworks were also seized but not in nearly as large of a quantity.

Safe and sane fireworks are a $1 billion annual business in California with roughly half the revenue collected going to non-profits.