CITY OF SAN JOSE CAPITAL OF SILICON VALLEY TO: HONORABLE MAYOR AND CITY COUNCIL SUBJECT: SEE BELOW COUNCIL AGENDA: 9-13-16 ITEM: 8.1 Memorandum FROM: Toni J. Taber, CMC City Clerk DATE: September 1, 2016 s~\ SUBJECT: FIREWORKS ENFORCEMENT ORDINANCE POST-FOURTH OF JULY REPORT RECOMMENDATION: As recommended by the Public Safety, Finance, and Strategic Support Committee on August 18, 2016, accept the report on the implementation of the Fireworks Enforcement Ordinance Post-Fourth of July.
PSFSS COMMITTEE: 8/18/2016 ITEM: (d) 3 CITY OF SAN JOSE CAPITAL OF SILICON VALLEY TO: PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE SUBJECT: FIREWORKS ENFORCEMENT ORDINANCE POST-FOURTH OF JULY REPORT Memorandum FROM: Curtis P. Jacobson DATE: August 3, 2016 Approved r '-V-A ''-U Date. -N RECOMMENDATION Accept the report on the implementation of the Fireworks Enforcement Ordinance Post-Fourth of July; and refer the Fireworks Enforcement Ordinance Post-Fourth of July report to the full City Council for the September 13,2016, City Council Meeting. BACKGROUND At the City Council Priority Setting Session on June 23, 2015, the Council directed staff to establish a new framework to cite, fine, and adjudicate the use, possession, sale, advertisement for sale, transportation, and/or manufacturing of fireworks. The Council also directed staff to explore the use of administrative citations in addition to criminal charges. On April 12, 2016, Council adopted an ordinance amending the Municipal Code to prohibit the sale, use, possession, and storage of fireworks and to provide for civil liability under certain circumstances for persons responsible for minors who violate the prohibition in Chapter 10.17 related to fireworks. Council also adopted a resolution amending the Administrative Citation Schedule of Fines to establish administrative fines for fireworks-related violations. These actions provided the City with additional tools to enforce provisions in the San Jose Municipal Code that prohibit the use of fireworks. In conjunction with these changes, the San Jose Fire Department (in partnership with the San Jose Police Department and the departments of Transportation; Parks, Recreation and Neighborhood Services; and Planning, Building and Code Enforcement) also presented the Illegal Fireworks Campaign to Council. This campaign included a comprehensive marketing and outreach plan, as well as a Fireworks Reporting Pilot Program (Pilot Program) to support enforcement efforts throughout the city. The Illegal Fireworks Campaign began in early June
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE August 3, 2016 Subject: City of San Jose Illegal Fireworks Pilot Program Page 2 2016 and ran through July 8, 2016; while the Pilot Program ran from July 1, 2016 through July 10, 2016. ANALYSIS Multiple partners from the City and outside agencies invested considerable time, effort, and resources in this year's campaign in an effort to deter all fireworks activities in our neighborhoods. While significant illegal firework activity took place within San Jose and neighboring jurisdictions over the Fourth of July this year, the efforts taken to deter such activities are a positive first step towards sustainable progress. An Informational Memorandum was provided on July 20, 2016 to the City Council outlining a comprehensive summary of all activities and results associated with this year's education and enforcement efforts, as well as identifying key future actions that will be taken to support the success of the new enforcement tools and strategies. The report can be viewed at: http://www.sanioseinfo.org/external/content/document/l 914/2867650/1/07-20-16FIRE- CMO.pdf and is attached for reference (Attachment A). This report provides additional data not yet available on July 2016, primarily related to a fiscal analysis on the Illegal Fireworks Pilot Program. Illegal Fireworks Campaign Efforts Over the three weeks prior to the Fourth of July holiday, significant efforts were made to educate the public not only about the ban on illegal fireworks, but to the dangers as well. Outreach include public service announcements, advertising, press releases, billboards, flyers and e-flyers, and social media messages. The City distributed this information to the community via a variety of communications outlets, including the City Manager's Weekly Report; Council district e- newsletters; movie theater previews; CivicCenter TV; ethnic media; newspapers; radio; television; social media including Nextdoor and Twitter; and VTA buses and transit shelters. Flyers and e-flyers were distributed via the San Jose Neighborhoods Commission, school districts, neighborhood associations, community centers, and public library branches. Billboards were placed in neighborhoods. Fire stations throughout San Jose displayed "Fireworks are Illegal" banners. From July 1- July 5, 2016, more than 10,100 unique users visited the City's Illegal Fireworks website, www. S an JoseC A. gov/f ire works. The most popular webpage provided information about fireworks rules and laws, with 7,052 visits during the five-day pilot period. On Friday, July 1, the City shared information about the availability of a new online tool for reporting illegal fireworks with more than 113,650 San Jose residents through the Nextdoor private social networking site for neighborhoods. This announcement resulted in more than 65 resident comments and more than 180 online "thank you" responses from Nextdoor users.
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE August 3, 2016 Subject: City of San Jose Illegal Fireworks Pilot Program Page 3 Earlier posts in June about San Jose's fireworks ban had similar results. In the week leading up to the Fourth of July holiday weekend, a Twitter campaign about celebrating the holiday safely resulted in nearly 52,000 impressions with a Tweet engagement rate of 5.15 percent. An average engagement rate, which takes into account retweeting, indicating a tweet is a "favorite," and clicking on the hashtag among other types of Tweet activity, is 0.5-1.0 percent rate. The total cost for the public outreach campaign was $48,776. Enforcement Activities San Jose Fire and Police Departments' Efforts In the three weeks leading up to the Fourth of July, the San Jose Police Department proactively patrolled for illegal fireworks. This effort resulted in SJPD responding to 80 fireworks-related calls for service, issuing four citations (including one issued for fireworks sales), and confiscating seven pounds of fireworks. On the Fourth itself, the joint Police/Fire teams responded to 29 calls for fireworks-related service, issued 12 citations, and confiscated 25 pounds of fireworks. For the 16 citations issued, the administrative fines totaled $8,000. The teams also gave numerous warnings. One accomplishment of note: the enforcement effort prevented a major illegal fireworks display at Cahalan Park in South San Jose which has been the cause of multiple complaints in past years due to public drunkenness and other neighborhood nuisance issues' in addition to the illegal fireworks. Police Department staff time totaled 468 hours for security at the Downtown Rotary Club Fireworks Show and the Almaden Lake Fireworks Show as well as for suppression at Cahalan Park. Costs for security and suppression are estimated at $39,700. In addition, Fireworks Enforcement Cars were deployed three weeks leading to the Fourth of July for a total of 265 staff hours a. Fire Department staff time totaled 106 hours for joint patrols with San Jose Police Department, enforcement at official fireworks shows, and review and research of resident complaints made online through the City website. The Department estimates costs of approximately $10,500. Code Enforcement Efforts Five General Code Inspectors and two support staff were temporarily moved from regularly assigned duties to process illegal fireworks complaints. Staff activities included training, reviewing complaint information and evidence, creating case files, drafting and issuing notices, and email correspondence. As a result, inspections and follow up for active General Code complaints in these Inspectors' assigned areas were delayed during the Pilot Program. a Estimated costs are not available at this time for ranks and pay rates of personnel.
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE August 3, 2016 Subject: City of San Jose Illegal Fireworks Pilot Program Page 4 The Inspectors spent a total of 37 hours over approximately 3 days to process the complaints, assisted by two support staff who spent a total of 8 hours over approximately 3 days. The combined efforts of Code Enforcement Inspectors and support staff total 45 hours at a total cost of $4,947. Park Rangers' Efforts San Jose park rangers also canvassed city parks and provided late evening patrols for the approved fireworks shows at Almaden Lake Park and Discovery Meadow, as well as at Kelley Park for the fireworks show at San Jose Municipal Stadium. Rangers were also on duty at Alum Rock Park to reduce the risk of fireworks-related incidents and support public safety. Rangers issued 26 warnings and confiscated 11 fireworks sets. Fourth of July efforts required Rangers to work roughly twice as many hours as compared to an average day, with overtime costs estimated at $10,000. Department of Transportation Efforts The Department of Transportation (DOT) regularly provides 24/7 parking compliance and traffic control services throughout the City. Each year on the Fourth of July, DOT deploys Parking and Traffic Control Officers (PTCOs) to support parking compliance and traffic control needs at sanctioned events and in areas where large groups of people gather to watch fireworks. This year, DOT expanded on previous staffing and deployed additional PTCOs from July 1 through July 4 in support of the City's Illegal Fireworks Pilot Program. A total of 19 PTCOs were assigned duties on July Fourth. From July 1 through July 4, the PTCOs reported 32 incidents of suspected illegal fireworks activities to the Police Department. The department estimates incurred expenses at an additional $4,000 (above prior years' expenditures) to provide enhanced parking compliance and traffic control services, including reporting illegal fireworks activities during the Fourth of July period. Fireworks Reporting Pilot Program Results The Fireworks Reporting Pilot Program took place from Friday, July 1 through Tuesday, July 10, 2016. During this pilot, residents were able to report illegal fireworks and submit videos, photos, and detailed information through an online reporting tool available on the City website. Table 1 (below) summarizes the actions taken as a result of the Fireworks Reporting Pilot Program. While 694 total online reports were received, the majority of them contained only general information with no specific addresses provided; therefore, staff could not take follow up action. City staff will reevaluate the online form's structure and how it can be used more effectively in the future to further reduce illegal fireworks and to issue citations. In addition, staff plans to build on the outreach campaign with a media event focused on reporting illegal fireworks in San Jose.
PUBLIC SAFETY, FINANCE, AND STRATEGIC SUPPORT COMMITTEE August 3, 2016 Subject: City of San Jose Illegal Fireworks Pilot Program Page 5 Table 1: 2016 Illegal Fireworks Reporting Program Actions Department Online Citations Warnings Reports Issued Given Fire Department 347 0 133 (From online reports) PBCE/Code 347 0 64 Enforcement Inspectors (From online reports) Total 694 0 citations 197 warnings CONCLUSION As staff shared with Council at the April 12, 2016, meeting, changing behavior is challenging and will take time, patience, and ongoing collaboration to achieve our overall goal of eliminating illegal fireworks in San Jose. Future actions are outlined in the July 20, 2016, Informational Memorandum (Attachment A). Ongoing discussions among the participating departments will be necessary to identify additional strategies and opportunities to accelerate our initial progress and build on the success of the campaign in future years. Critical components of those discussions be evaluation of roles, workload capacity, ongoing funding, and resource investments necessary to meet both Council and community expectations. /s/ CURTIS P. JACOBSON Fire Chief San Jose Fire Department Attachment A: Illegal Fireworks Pilot Program Update Informational Memorandum For questions, please contact Johnny Dellinger, Assistant Fire Chief, at 408-794-6952.
Attachment A CITY OF SAN JOSE CAPITAL OF SILICON VALLEY TO: HONORABLE MAYOR AND CITY COUNCIL SUBJECT: ILLEGAL FIREWORKS PILOT PROGRAM UPDATE Memorandum FROM: Curtis Jacobson Lenka Wright DATE: July 20, 2016 Approved Date 7/zo/lb INFORMATION Staff took a three-fold approach for reducing illegal fireworks use in the community over the Fourth of July holiday weekend. This enhanced effort involved the new ordinance that instituted higher fines for illegal fireworks-related offenses; a comprehensive and collaborative public education campaign about the City's fireworks ban; and a pilot program to support enforcement efforts in neighborhoods and parks. The new fireworks ordinance, approved by the City Council in April, expanded the list of City officials who can issue administrative citations for fireworks-related violations to include code enforcement inspectors, park rangers, and some fire officials in addition to police officers. The ordinance also increased the fines for selling, using, possessing or storing illegal fireworks, and now a first violation is $500, a second violation is $700, and a third violation is $1,000. All fireworks, including "safe and sane" fireworks, have been banned in San Jose since 1984. "Leave fireworks to the professionals" was the theme of a public education campaign to urge residents to celebrate Independence Day safely. A special section of the City website, www.sanioseca.gov/fireworks, was developed to contain useful information about the ordinance, where to watch professionally-run, permitted fireworks displays, and flyers and other materials about the fireworks ban for neighbors to easily share. Over a three-week period prior to the Fourth of July holiday, the San Jose campaign used a variety of communication channels to reach our diverse community about illegal fireworks. These included the City Manager's Weekly Report; Council district e-newsletters; movie theater previews; public service announcements airing on cable channels, CivicCenter TV, ethnic TV and radio channels; newspapers and radio; social media including Nextdoor; VTA buses and transit shelters; flyers and e-flyers distributions through San Jose Neighborhoods Commission, school districts, neighborhood associations, community centers, and public library branches; billboards in neighborhoods; and "Fireworks are Illegal" banners displayed at fire stations throughout the city. The Information Memorandum, dated June 13, 2016, with more specific details about the public education campaign can be viewed here.
HONORABLE MAYOR AND CITY COUNCIL My 20,2016 Subject: Illegal Fireworks Pilot Program Update Page 2 The San Jose Fire Department collaborated with Santa Clara County Fire Department to educate the broader community about fireworks being banned in most parts of the county. A multiagency news conference was held on Monday, June 27, at Vasona Lake County Park in Los Gatos to call attention to the risks of using illegal fireworks. In addition to SJFD and County Fire, the San Jose Police Department, Santa Clara County Sheriffs Office, and Santa Clara Valley Medical Center participated in the fireworks safety and enforcement community media event that generated news stories prior to the holiday. Here are examples of news coverage from the event prior to the holiday: Mercury News: http://www.mercurvnews.com/bav-area-news/ci 30080165/illegalfireworks-make-fourth-iulv-no-fun-some ABC-7: http://abc7news.com/societv/san-iose-allows-residents-to-report-illegalfireworks-online/1410941/ The illegal fireworks pilot program took place from Friday, July 1 through Tuesday, July 5. The San Jose Police Department used available resources to target enforcement on the blatant use of large-scale illegal fireworks shows at school grounds and parks. In addition, residents were able to report illegal fireworks and submit videos, photos, and detailed information through an online reporting tool available on the City website. Due to demand, the availability of the online reporting tool for illegal fireworks was extended beyond the pilot period to end Sunday night, July 10. Pilot Program Results The illegal fireworks pilot program focused on increasing enforcement over the Fourth of July holiday weekend when illegal fireworks activity typically increases. The pilot was a multidepartmental effort involving SJFD, SJPD, Planning, Building and Code Enforcement (PBCE) Department, Parks, Recreation and Neighborhood Services Department (PRNS), and the City Manager's Office. The graph below summarizes the pilot's results by department. Department Police Department Fire Department Citations Issued 13 total (4 in June, 9 on July 4) 3 total (July 4) Warnings Given Not tallied 133 (From online reports) PRNS/Park Rangers 0 26 (July 4) PBCE/Code 0 64 Enforcement Inspectors (From online Fireworks Confiscated 32 lbs. total (7 lbs. in June, 25 lbs. on July 4) Teamed up with SJPD 11 fireworks sets n/a (July 4) 0 n/a reports) Total 16 citations 233 warnings 32 lbs. plus 11 fireworks sets Fireworksrelated Calls 109 total (mid-june through July 4) 25 (July 1-5) 134
HONORABLE MAYOR AND CITY COUNCIL My 20,2016 Subject: Illegal Fireworks Pilot Program Update Page 3 San Jose Fire and Police Departments' Efforts In the three weeks leading up to the Fourth of July, the San Jose Police Department proactively patrolled for illegal fireworks. This effort resulted in SJPD responding to 80 fireworks-related calls for service, issuing four citations including one issued for fireworks sales, and confiscating seven pounds of fireworks. Residents had several options in San Jose to view professional and permitted fireworks displays on the Fourth of July: Rotary Fireworks Show in Downtown's Discovery Meadow, Family Fun Festival and Fireworks Show at Almaden Lake Park, and the San Jose Giants Independence Day Celebration at San Jose Municipal Stadium. For this Fourth of July, the overall number of fireworks-related calls received by the Fire Department declined from 34 calls on July 4,2015 to 25 calls this Fourth of July. For the pilot program, four fire inspectors joined eight police officers and one sergeant on a specific fireworks detail, patrolling neighborhoods on the Fourth of July. SJPD proactive patrolling was possible through officers volunteering to work overtime on the holiday. The number of officers available was limited due to other traffic and security needs related to the public fireworks shows taking place in the city that evening. There was also an officer-involved shooting Monday evening that required additional police resources and reduced the availability of officers for the illegal fireworks assignments. On the Fourth itself, the joint Police/Fire teams responded to 29 calls for fireworks-related service, issued 12 citations, and confiscated 25 pounds of fireworks. Many warnings were also given. The enforcement effort also prevented a major illegal fireworks display at Cahalan Park on Cahalan Avenue and Pearlwood Way in South San Jose. This illegal fireworks show has been considered a major neighborhood nuisance in past years with associated public drunkenness and multiple complaints. ' While no specific data is available for fireworks-related calls to the 311 non-emergency call center, dispatchers were able to refer some of these calls to the City website where residents could report illegal fireworks activity online. There was inconsistency with the website referrals due to some callers seeking immediate action and other factors; however, this process will be evaluated further for how to best address illegal fireworks concerns. Park Rangers' Efforts San Jose park rangers also canvassed City parks, noting a decrease in fireworks activity in regional parks on the Fourth of July. Rangers provided late evening patrols for the approved fireworks shows at Almaden Lake Park and Discovery Meadow, as well as at Kelley Park for the fireworks show at San Jose Municipal Stadium. Rangers were also on duty at Alum Rock Park to reduce the risk of fireworks-related incidents and support public safety. Rangers issued 26 warnings and confiscated 11 fireworks sets, but were not able to issue citations because of the inability to make positive identifications of suspects.
HONORABLE MAYOR AND CITY COUNCIL My 20,2016. Subject: Illegal Fireworks Pilot Program Update Page 4 Online Reporting Tool for Reporting Illegal Fireworks The online reporting tool for reporting illegal fireworks was a new resource available to residents this year. From July 1 through July 10, residents submitted 694 fireworks-related incident reports online. Approximately eight percent of these online reports included photos or videos of illegal fireworks activity. During regular business hours. Fire Department officials and code enforcement inspectors followed up and carefully reviewed each of the submissions to determine whether enough information was provided to issue a citation or a warning to the offending party. Much of the information submitted was general with no specific addresses provided, and no action could be taken. Ultimately, 197 warnings were issued to property owners through the mail. Also, everyone who submitted an online report was thanked via email for their efforts in trying to decrease illegal fireworks use in our community. Although no citations were issued as a result of submissions provided through the online reporting tool, the data provided about locations for illegal fireworks use in the city will also be utilized to evaluate hot spots and enforcement resources in future years. Future Actions The Illegal Fireworks Pilot Program provided a step in the right direction for addressing a challenging community issue that has significant safety and neighborhood nuisance implications. Lessons were learned through the pilot including how online tools can be used as a deterrent for illegal fireworks activity. Staff has identified several areas for additional research in order to build upon the efforts of the illegal fireworks pilot program to further decrease illegal fireworks use in San Jose. They are; Block Party Registration. The current form for residents to register for block parties will be revised to include a warning that fireworks are illegal in San Jose. As the host of the block party, the individual will be held responsible for any illegal fireworks use that takes place at the block party, facing a minimum citation of $500. Online Reporting Tool Enhancements. The online reporting tool for illegal fireworks use was a good alternative for residents to register complaints and provide information, and it helped to reduce calls to 3-1-1. However, the information provided by residents did not result in citations because of insufficient detail such as the name of the alleged illegal fireworks users or exact addresses of where the illegal fireworks activity was taking place. City staff will reevaluate the online form's structure and how it can be used more effectively in the future for further reducing illegal fireworks and for issuing citations. Multi-Agency Task Force on Illegal Fireworks. Since illegal fireworks has been a growing problem in cities throughout the Bay Area as well as in the South Bay, a regional and sub-regional approach has great potential to leverage limited resources from
HONORABLE MAYOR AND CITY COUNCIL luly 20, 2016 Subject: Illegal Fireworks Pilot Program Update Page 5 participating agencies. A multi-agency approach with County Fire, other cities, and other government agencies could enhance a long-term joint effort to reduce illegal fireworks sales, expand cooperative education campaigns to change illegal behaviors, and coordinate effective regional enforcement efforts. The City will begin exploration of a collaborative effort that could build on the pilot program well in advance of the Fourth of July 2017. Staff will provide an in-depth presentation including a fiscal analysis on the Illegal Fireworks Pilot Program to the Public Safety, Finance, & Strategic Support Committee at its next meeting on August 18,2016. /s/ CURTIS JACOBSON Fire Chief /s/ LENKA WRIGHT Assistant Director of Communications For questions, please contact Lenlca Wright, Assistant Director of Communications, (408) 535-8113, or Captain Chris Salcido, SJFD Public Information Officer, (408) 794-6959.