The Gustine City Council heard a briefing at Tuesday’s meeting about new measures aimed at curbing the use of illegal fireworks around town and recommended that the fines be increased but passed on implementing a social host ordinance that other cities have taken up, at least for this upcoming Fourth of July.
This was just the first reading of the proposed ordinance, so no official action was taken. Gustine Police Chief Ruben Chavez was seeking the Council’s direction on raising fines for illegal fireworks and implementing a social host ordinance.
On November 3, 2015, the City Council approved an ordinance replacing Title 7, Chapter 6 to update rules and regulations pertaining to fireworks. The ordinance, passed after waiving its second reading, established a firm Zero Tolerance Policy for possessing or using illegal fireworks. It also set a maximum fine of $1,000 per violation, aiming to deter illegal firework use and ensure public safety through stricter penalties.
While many cities across California have adopted similar ordinances with comparable fine limits, some have implemented higher fines for repeat offenders. These elevated penalties are designed to discourage recidivism and create a more tailored deterrent effect. By increasing fines for subsequent violations, such ordinances aim to emphasize the importance of compliance and reinforce public safety measures.
Gustine’s current ordinance dealing with illegal fireworks states: “Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor and, upon conviction thereon, shall be punishable by a fine of not more than one thousand dollars ($1,000), imprisonment for a term not exceeding six months or both such fine and imprisonment. In addition to any other remedy available at law, any person or entity who possesses, uses, stores, sells and/or displays dangerous fireworks or any person or entity who possesses, uses, sells and/or displays Safe and Sane Fireworks on or at dates, times or locations other than those permitted by this Chapter are subject to an administrative fine of not more than one thousand dollars ($1,000).”
“People are getting fined but it’s not deterring anyone,” said Chavez. Chavez was proposing that Gustine increase the fine amounts and have staggered fine amounts for repeat offenders. The Council was in favor of this idea and gave the Chief direction to proceed with a scale of $2,000 for the first offense $4,000 for a second offense and $8,000 for a third violation.
For a person to be fined, the police department has to be able to identify where the firework is coming from, which usually happens by someone calling it in. But the officer also has to then observe who is lighting the illegal fireworks, which gets trickier. One way Cities have gotten around this is by implementing a Social Host Ordinance.
Several municipalities in California, including Stockton, Pacifica, Suisun City, San Jose, and Sacramento County, have adopted resolutions approving Social Host Ordinances to address the use and storage of illegal fireworks. These ordinances hold property owners, tenants, landlords, or anyone in charge of a property or activity accountable for illegal firework activity occurring on their premises. By targeting property owners as responsible parties, these measures aim to discourage the use of illegal fireworks and promote community safety. For instance, Pacifica's ordinance, adopted in 2017, imposes a $1,000 fine on property owners or hosts if illegal fireworks are discharged from their property, regardless of who used the fireworks.
Similarly, Stockton's ordinance defines a "social host" as anyone in charge of property or activities on the property, reinforcing responsibility for ensuring compliance with firework laws. These ordinances highlight the broader effort by California municipalities to address the dangers of illegal fireworks through stricter enforcement and accountability frameworks.
At its October 20, 2015, meeting, the City Council considered incorporating a Social Host Ordinance into its existing firework regulations. However, after discussion, the Council directed staff to delete the "Social Host" portion of the ordinance. This decision reflected the Council’s preference for other strategies to address illegal firework use within the city.
Some of those same concerns over who would be financially responsible were raised again at the recent meeting. Councilwoman Sherri Marsigli said she owns rentals and didn’t feel she should be financially responsible if one of her renters set off illegal fireworks. Chavez explained that the key phrase is “the person in charge of the property,”
“In that case, it is the renter that is responsible not the landlord,” Chavez said.
Chavez said he spoke with Merced Police Chief Steven Stanfield, who was a captain with the Modesto Police Department when that city enacted a Social Host Ordinance.
“He said that [ordinance] had the biggest impact on illegal fireworks being used,” Chevez told the Council.
In the end, the Council wasn’t comfortable with the ordinance, at least for now. They gave the Chief direction to move forward with the fine increase and use this upcoming Fourth of July as a chance to educate people about the Social Host Ordinance and that it could be coming in the future.
The second reading will be done at a future City Council meeting and a vote will come at that time.
