EXECUTIVE SUMMARY

 

The City Council will receive information concerning the proposed deployment of drones by the Downey Police Department during the upcoming Independence Day period to more accurately identify locations where illegal fireworks are being discharged and to help detect, record, and document violations from the air.  The Council will also discuss whether to further strengthen enforcement by amending the Downey Municipal Code to impose liability on property owners if illegal fireworks are used or found at their property even if they did not light or otherwise permit them.

 

RECOMMENDATION

 

That the City Council:

1. Receive information concerning the proposed deployment of drones by the Downey Police Department during the upcoming Independence Day period to more accurately identify locations where illegal fireworks are being discharged and to help detect, record, and document violations from the air; and,
   
   
2. Discuss whether to amend the Downey Municipal Code to impose liability on property owners if illegal fireworks are used or found at their property even if they did not light or otherwise permit them. 

BACKGROUND

The State of California prohibits the possession, sale, transportation, and discharge of dangerous fireworks throughout the State.  However, local jurisdictions are authorized to either prohibit or allow the sale and discharge of those fireworks designated as safe and sane by the State Fire Marshal.

Since at least 1999, in an effort to balance the ability of the community to celebrate the independence of the United States with the need to safeguard the peace, health, safety, and welfare of the public, the City of Downey has allowed the discharge of safe and sane fireworks only on July 4th during specified hours on private property.  Unfortunately, despite these regulations, the unlawful discharge of both safe and sane and dangerous fireworks during prohibited days and/or on public rights-of-way has increased over the years.

Since 2007, the City has utilized the administrative citation process in an effort to both deter unlawful fireworks-related activities as well as to punish those persons who violate the City’s laws regulating fireworks.  Although this enforcement effort, along with annual campaigns to educate the public about the dangers of fireworks and the applicable laws, has proven successful in deterring unlawful fireworks activities, the Police Department continues to expend tremendous resources on investigating and enforcing violations of the City’s fireworks regulations.

In 2024, as part of the City’s “zero tolerance” approach to unlawful discharges of fireworks that threaten the public peace, health, safety, and welfare, the City Council increased the administrative fines imposed for the first offense of an unlawful discharge from $1000 to $4000 (with increased fines for 2nd or greater offenses within a 36-month period). 

ANALYSIS

Despite the City’s substantial educational and enforcement efforts in the period leading up to the Independence Day celebration period, the Police Department continues to expend significant efforts combating the unlawful discharge of fireworks, including the increased deployment of officers.  Efforts to identify and issue an administrative citation to the person unlawfully discharging fireworks is often hindered as a result of large gatherings of spectators attracted to the unlawful discharge of fireworks, who, in turn, instigate, promote, or otherwise encourage the unlawful discharge of additional fireworks. 

To even more effectively and efficiently enforce the City’s fireworks regulations this year, the Downey Police Department intends to use drones to help detect, record, and document violations from the air.  Other cities using drone enforcement include Artesia, Brea, Stanton, Riverside, San Bernardino, and Sacramento.    

This technology-driven enforcement is expected to enhance enforcement and mitigate the need for a larger police presence on the ground. During the Independence Day enforcement period, Downey Police Department personnel will deploy drones to identify locations where illegal fireworks are being discharged. The drones will be used to observe, record, and document violations from the air, including the location of the unlawful activity and the property from which the fireworks are being discharged. An administrative citation will then be issued and mailed to the property owner of record for the identified property. The use of drone technology is intended to improve the City’s ability to accurately document violations, increase accountability, and deter unlawful fireworks activity while reducing the need for officers to engage in direct enforcement actions.

Currently, under the Downey Municipal Code, while property owners are not expressly held legally responsible for fireworks unlawfully discharged on their property, they may be cited nevertheless if they “cause, permit, aid, abet, or suffer” the discharge.  However, this can be difficult to prove specifically, as it needs to be shown, for example, that owners, tenants, and other persons in possession or control of private property fail to adequately supervise gatherings at their property where fireworks are discharged or take sufficient action to prevent the unlawful discharge of fireworks at their property or adjacent public rights-of-way – in other words, that they somehow knew about the discharge. 

As an added deterrent, City fireworks regulations may be amended to impose liability on property owners if illegal fireworks are used or found at their property even if they did not knowingly light or otherwise permit them.  In this manner, property owners would be held legally responsible if fireworks are set off on their property regardless of whether the owner knew about it.  This is a higher standard known as “strict liability.”  Owners of properties identified by drone enforcement would be mailed an administration citation for the respective violation without the need for in-person enforcement.

A potential ordinance would prohibit “Social Hosts,” inclusive of property owners, tenants, and persons who host gatherings on private property, from causing, allowing, or failing to prevent the unlawful possession, storage, sale, or discharge of fireworks on their property or adjacent public rights-of-way.  The ordinance could also impose strict liability upon Social Hosts to ensure that these individuals adequately supervise gatherings at properties under their ownership or control and/or to take sufficient action to prevent the unlawful discharge of fireworks.  There could be exceptions for good faith efforts made by Social Hosts to prohibit unlawful fireworks activities at their property, actively supervise gatherings at their property, and report unlawful fireworks activities that occur at their property to the Police Department or Fire Department.  In certain circumstances, such efforts would exempt Social Hosts from liability.

Additionally, the rules could be amended to authorize the City to recover those costs incurred as a result of the Police Department, Fire Department, and/or other emergency service personnel responding to incidents involving the unlawful possession, storage, and/or discharge of fireworks.  Emergency response costs that would be subject to recovery include, but would not be limited to, salaries and benefits of responding personnel, equipment usage or damage, medical treatment for injured responders, and disposal of seized fireworks. The inclusion of this cost-recovery mechanism would ensure that extraordinary expenses resulting from illegal fireworks could be recouped, rather than be borne by the City’s general fund or taxpayers.

If the Council elects to move forward with the above measures, an ordinance may be considered for adoption on an urgency basis at the June 23, Council meeting so that it would become effective immediately, in time for this year’s Independence Day celebrations. 

CITY COUNCIL PRIORITIES

 

Quality of Life, Safety, & Infrastructure

  

FISCAL IMPACT

 

There is no fiscal impact of this item.