San Mateo County strengthens firework ban

Supervisors unanimously supported a recommendation brought forward by the North Fair Oaks Community Council to strengthen the county’s existing fireworks ordinance by increasing all fines to $1,000 for each violation and including a separate misdemeanor charge of $1,000 and up to six months in jail when the violation causes bodily injury or more than $1,000 in property damages.

In the original ordinance, fines initially started at $100 for the first violation, increasing to $200 for the second and $500 for the third violation within a one-year period.

With the amendments, those who repeat violations within a 12-month period will also be responsible for county costs of responding to events, including officer salaries, medical treatment for public safety personnel on the scene and the cost to repair and use public safety equipment.

Stricter liabilities will also be imposed on those in the care, custody or control of a minor who violates the ordinance and on social hosts who own, have the right to occupy or is responsible for the group gathering on the property where the fireworks were set off.

Landlords will not be made liable if tenants break the ordinance. Neither owners nor tenants will be held responsible if the violation was committed by a trespasser when the owner or tenant is away and was unaware the violation was going to occur.

Residents of multifamily dwellings will also not be responsible for firework ordinance violations that occur in common spaces.

“The enhanced ordinance is a necessary step to reduce the injuries associated with unpermitted fireworks, particularly to young children, as well as the property damage that can result from fires caused by these devices,” Esser said.

Jonathan Cox, deputy chief for the San Mateo County division of Cal Fire, spoke in support of the ordinance, calling it “a solid step in preventing wildfires.” He noted 95% of wildfires in California are caused by human activity including fireworks.

While last year’s CZU Complex Fire was not started by fireworks, Cox noted the nearly 90,000-acre wildfire put a major strain on the county’s limited resources including only four south wildland fire engines.

“We wholeheartedly support through our integrated and cooperative fire protection with both San Mateo County and Cal Fire, the addition of this amended ordinance,” Cox said. “When multiple incidents occur such as what happened last summer, our resources can quickly be diminished.”

County staff noted the region is likely to experience a similarly high-risk fire season as California moves into a drought, snow packs shrink, springs and summers get warmer and fire seasons start earlier.

County Counsel John Beiers said the county’s fireworks ordinance has been on the books and unchanged for decades, adding “the bones of the ordinance are still really strong.” Before approving the amendments, the possession, manufacturing, sale or explosion of fireworks was illegal.

The updated ordinance applies to all unincorporated areas of San Mateo County but Supervisor Carole Groom requested that staff send the legislation out to Peninsula cities so it may be more widely adopted.

County Manager Mike Callagy assured the board that a robust information push on the new ordinance would be a priority so cities and residents are aware of the potential liabilities that can be levied regardless of being caught in the action.

“We will make sure that we reach far and wide to make sure that everyone understands that this particularly is not the year to be doing this with the fire danger that we have,” Callagy said.

sierra@smdailyjournal.com

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