Modesto’s Fourth of July fight against illegal fireworks fizzles

Modesto’s plan to cite property owners whose tenants set off illegal fireworks this Fourth of July is a dud. The ordinance authorizing $1,000 administrative citations won’t take effect until July 14 because of a clerical error by the Fire Department.

It takes 30 days for ordinances to take effect after the City Council has given them a second and final approval. Because of a delay in bringing this ordinance to the council, it received its first approval June 7 and final approval June 14.

“It’s my error,” fire Marshal Mike Payton said. “It was just a clerical error. This won’t happen again.” Fire Chief Sean Slamon also took responsibility for the mistake.

This will give the Fire Department more time to educate the public about the ordinance, and the department may need it.

“I consider this patently unfair,” said Ben Sweet, owner of Modesto-based Sweet Properties, which manages about 300 properties – primarily single-family homes – in Stanislaus County and Ripon. “Why are fireworks different from any other crime? We are not their (tenants’) parents. We have a contract with them that they will follow the laws and we expect them to.”

Sweet said property management companies work with authorities when authorities contact them about problems at a property, but that adding the potential of being cited for illegal fireworks goes too far. Sweet said he plans on alerting The California Apartment Association and the Nor Cal Residential Property Association about the ordinance.

Modesto already issues $1,000 administrative citations to those it catches with illegal fireworks, including those who set them off. Payton estimates authorities issue about 30 of these citations on the Fourth of July and in the days leading up to and after the holiday. Police officers and fire investigators will be out this holiday looking for fireworks scofflaws.

Payton said the goal still is to cite the person using the fireworks but said citing property owners and others who have control over a property makes sense in some circumstances, such as the tenant continuing to set off fireworks and the property owner not doing anything to stop it.

“If we catch someone doing it,” Payton said, “they are getting the citation. But if there is a property owner or manager and we are having problems, we expect them to do something as well. ... But in the end, if nothing is getting done, we will issue them a citation.”

The ordinance will let Modesto issue $1,000 administrative citations to property owners, property management companies, tenants and others who have control of a property where illegal fireworks have been found, discharged, sold or manufactured. They do not have to live at the property or be present when the illegal fireworks are found, discharged, sold or manufactured to be cited.

“Law enforcement personnel will be able to exercise their discretion based on the specific facts and circumstances to issue citations to responsible parties,” according to a city report.

Payton said this gives authorities another option to deal with the scourge of illegal fireworks during the Fourth of July and the days around it. Modesto is hit with a lot of roof and vegetation fires over the holiday. He said while it’s difficult to conclusively link illegal fireworks to the fires, there is a strong coincidence.

He said these ordinances are being adopted by communities across California. For instance, the Ripon City Council recently passed one that allows its police officers to issue citations to property owners or others in control of a property where illegal fireworks are used, according to a Ripon police news release. The release said the fines are $250 for a first offense and $500 for subsequent offenses. Officers will enforce the ordinance during the Fourth of July holiday.

This story was originally published June 25, 2016 at 3:21 PM with the headline "Modesto’s Fourth of July fight against illegal fireworks fizzles."