After a banner year for illegal firework displays, San Jose leaders are once again cracking down on the irksome explosions.
Under an amended ordinance advanced by the San Jose City Council on Tuesday, tenants and property owners could face hefty fines for firework displays set off on their land, regardless of whether they ignited the light displays.
Those found in violation of the ordinance would be required to foot the bill for the total costs of an emergency response from police or firefighters.
The proposed amendments would expand San Jose’s current fireworks ordinance, which only permits law enforcement to fine the individual who sets off the fireworks.
“I’m hoping that this will be a very effective (strategy) — where we hit people in their pockets,” Councilmember Sylvia Arenas said during Tuesday night’s meeting. “Most people don’t like that, so hopefully we will see behavioral modification by the next holiday that we have and then preparing for the big one coming up in July.”
San Jose will join about a dozen cities across California, including Pacifica and Redwood City, that have adopted similar “social host” firework ordinances. Sacramento last week prepared to take a similar step.
With a state drought emergency now declared in 39 of California’s 58 counties, San Jose Councilmember David Cohen said curbing illegal fireworks is more important than ever.
“What I’m really concerned about this summer, of course, is fire danger from these fireworks,” he said.
Deputy fire chief Hector Estrada said illegal fireworks during last year’s Fourth of July holiday weekend marked a “significant setback to incremental mitigation progress made in prior years” — a blow that city officials hope the new ordinance will help remedy.
The ordinance aims to encourage individuals who host gatherings to “exercise greater care in ensuring no illegal activity takes place” and “deter people from hosting gatherings where illegal firework activity might take place,” Estrada said.
The city is working on a mobile application to make it easier for residents to report illegal fireworks in real time, allowing for better enforcement of the new rules.
As drafted, the ordinance would apply to any public or private property owner. City staff will return to the council later this month for final approval.
The council has instructed the city attorney’s office to explore potential exemptions, such as for school districts where trespassers might use empty fields to set off fireworks.
Councilmember Raul Peralez cautioned his colleagues against carving out too many exemptions that could make the new ordinance difficult for officers to enforce.
“As we get too nuanced as we try to determine who should be excluded or included, we might get into legal trouble or make it not effective,” he said.
The new ordinance marks the second move by San Jose leaders in recent months against illegal fireworks.
In December, the council increased the fines charged to individuals who set off the noisy illuminations. First-time violators now can face a fine of $1,000 — up from $500. A second violation within an 18-month period draws a $2,000 fine and a third violation during the same period a $3,000 fine.