One Stanislaus County city moves to control ‘unmanageable problem with fireworks’
What time is too late to set off Fourth of July fireworks?
If you’re in Riverbank, the answer is 10 p.m., a City Council majority decided on Tuesday.
Violators of the new ordinance, if finalized on Dec. 11, could be fined $250, or $750 for a third offense. The proposal was prompted by “what’s become an unmanageable problem with fireworks in Riverbank,” said City Clerk Annabelle Aguilar.
The sun typically sets at 8:30 p.m. that time of year, giving about 90 minutes of darkness before the fireworks curfew.
No one from the public addressed the proposal Tuesday, and officials barely mentioned the 10 p.m. cutoff. Most of the council’s debate centered on how many nights people can celebrate with legal fireworks around Independence Day.
City staff proposed only July 4, but most council members found that too restrictive.
“We don’t all work 8 to 5 with the same days off,” Councilman Cal Campbell said. “I’d like to build in a little more flexibility ... (to) meet the needs of society.”
“We don’t want a reputation of being the mean folks,” agreed Councilwoman Darlene Barber-Martinez.
Councilwoman Cindy Fosi, noting that fireworks can disrupt sleep, suggested allowing them from June 28 through July 4, and Councilwoman Leanne Jones Cruz agreed.
That wasn’t good enough for Mayor Richard O’Brien, Campbell and Martinez, who combined on a 3-2 vote allowing the discharge of legal fireworks June 28 through July 6. Extending the sales and use period could help boost revenue for nonprofits selling at roadside stands, Campbell said.
Before the vote, Aguilar noted that some people wish fireworks would be outlawed altogether, for reasons of safety and frightened pets, notably dogs. Campbell said Riverbank officers should make “a major effort to enforce” the new ordinance, and briefly mentioned the deadly Camp Fire in Butte County, but there was little other discussion of safety or dogs.
The new ordinance could make it easier for officers to cite for illegal fireworks, which typically fly and explode. Previously, an officer would have to catch someone setting them off, while the new law would prohibit not just use, but possession, with fines from $1,500 for a first offense to $5,000 for a third offense.
And revelers who effectively close off streets without a permit would face fines of $500 for a first offense to $1,500 for a third.
Campbell mentioned Modesto’s failed attempt two years ago to address an increase in illegal fireworks. Its council adopted an ordinance fining landlords and property managers $1,000 for failing to control tenants, then backed off because of complaints of unfairness.
Riverbank’s fireworks ordinance is scheduled for a second reading at 6 p.m. on Dec. 11 at 6707 Third St.
In other action Tuesday, the Riverbank Council:
▪ Relaxed developer fees owed by the new owner of the iconic Del Rio Theater building at Third and Atchison streets. Instead of charging Tony Zaia $93,300 to cover impact on streets and services like water and sewer for a smaller, 5,000-square-foot building to the rear of the theater, the council waived all but $37,000, and agreed to defer charging all but $5,456 for 10 years. Zaia said he would use the savings toward renovating the larger theater building, which he sees as a future piano lounge, coffee shop and banquet hall.
▪ Directed City Manager Sean Scully to sit down with various owners of five parcels amounting to 15 acres across Patterson Road from the popular Galaxy Theatres. By combining lots, the site could be good for a hotel, restaurants or shops, but owners of the Rear End Shop don’t want to sell or move, a report says.
▪ Approved 13 new homes on very small lots in a new gated community at Seventh and Sierra streets. The subdivision, to be called Riverbank Commons, should attract couples and retirees who won’t have to do much yard work.
This story was originally published November 16, 2018 at 5:30 PM.