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Salinas, California, Fireworks Legalization Initiative, Measure C (June 2016)
| Measure C: Salinas Fireworks Legalization Initiative |
|---|
|
| The basics |
| Election date: |
| June 7, 2016 |
| Status: |
 Approved
|
| Topic: |
| Local fireworks |
| Related articles |
| Local fireworks on the ballot June 7, 2016 ballot measures in California Monterey County, California ballot measures |
| See also |
| Salinas, California |
A measure to legalize fireworks was on the ballot for Salinas voters in Monterey County, California, on June 7, 2016. It was approved.
| A yes vote was a vote in favor of an initiative to legalize and regulate the sale and use of certain kinds of fireworks from June 28 through July 5 each year according to city law. |
| A no vote was a vote against an initiative to legalize and regulate fireworks, leaving the possession, sale, and use of all fireworks illegal according to city law. |
Measure C was designed to overturn a city council ordinance approved on August 18, 2015, that banned all fireworks.[1]
This measure was designed to require regulations and restrictions on the use and sale of fireworks in the "safe and sane" category as well as an annual “Operation Plan” by May 1 and "After Action Report" by July 16 from the city's police and fire departments. Measure C was not designed to legalize more dangerous varieties of fireworks not categorized as "safe and sane." Examples of fireworks that Measure C was not designed to legalize include rockets, cherry bombs, and M-80s. See below for a further explanation about what qualifies as a "safe and sane firework."[1]
On May 2, 2016, the Salinas City Council approved a controversial fireworks social ordinance designed to hold property owners responsible for the use of illegal fireworks on their property. See details below.[2]
Election results
| Salinas, Measure C | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 13,096 | 58.35% | ||
| No | 9,349 | 41.65% | ||
- Election results from Monterey County Elections Office
Text of measure
Ballot question
The following question appeared on the ballot:[3]
| “ |
Shall the City of Salinas adopt an ordinance allowing for the possession, use, storage, sale and display of fireworks; imposing social host liability associated with the possession and use of fireworks; and requiring Public Safety Operation Plans and After Action Reports?[4] |
” |
Impartial analysis
The following impartial analysis of the measure was prepared by the office of the Salinas City Attorney:
| “ |
In May 2009, the City Council of Salinas adopted an ordinance allowing the sale and use of “safe and sane” fireworks (codified at Municipal Code Chapter 13A). On August 18, 2015, the City Council amended Chapter 13A to prohibit the sale, possession, and use of all fireworks. The proposed measure would reverse the City Council’s action and would allow the sale, possession, and use of “safe and sane” fireworks. The measure was placed on the ballot by a petition signed by the requisite number of voters. The City Council has requested that the Registrar of Voters place this fireworks initiative before the voters, consolidated with the County election to be held on June 7, 2016, to ask the voters whether the sale, possession, and use of “safe and sane” fireworks should be allowed in Salinas from June 28 to July 5 every year and whether provisions relating to public safety should be added to the Municipal Code related to fireworks. The proposed measure requires the police and fire departments to present an “Operation Plan” to the City Council by May 1 of each year describing their plan for enforcement against fireworks during the thirty-day period from June 17 to July 16. The report would include a summary of problematic areas for the previous year; an explanation of the deployment of public safety personnel for that period; a summary of the apparatus and personnel on-duty for the 30-day period; recommendations and a discussion of dedicated illegal fireworks enforcement patrols; and other relevant statistical information. The Operation Plan would not obligate the police and fire departments to disclose information that would jeopardize the safety of personnel or the success of the operation. The measure would also require the police and fire departments to present an “After Action Report” to the City Council by September 1 of each year to provide an assessment of the success or failure of the Operation Plan; a list of significant fireworks-related incidents; incident statistics for the 30-day period; arrest and citation statistics for all crimes, particularly for violations of the fireworks ordinance; statistics regarding calls for service and the response received; the number of citations issued; and an itemization of expenses rendered in response to fireworks activity requested to be allocated against the fireworks surcharge collected. The City may only expend the surcharge collected on costs incurred related to fireworks enforcement and education; the proposed measure does not obligate the City Council to expend the surcharge in any other particular way. Additionally, the proposed measure permits an enforcement officer to cite any person who “causes, allows, permits, aids, or abets” the use of illegal fireworks on their property. The $1,000 fine may be issued to the violator or a person who “owns, rents, leases, or otherwise has possession of private property”. This person need not be present when fireworks are discharged to be subject to the administrative citation. [4] |
” |
| —Salinas City Attorney[1] | ||
Full text
The full text of the measure is available here.
Support
Supporters
The following individuals signed the official argument in favor of the measure:[1]
- Raul Garnica, Vice President, Monterey Bay Youth Football
- George Grimm, Head Coach, Everett Alvarez High School Baseball
- Sergio Sanchez, Former City Council member
- Robert Bauer, Treasurer, Alisal Eagles Youth Football & Cheer
- Brent Bagley, Head Coach, Everett Alvarez High School Girls Softball
Fireworks companies, including Phantom and TNT, largely funded the signature gathering campaign that put this measure before voters. Certain organizers of charities, nonprofits, schools, and youth organizations that wanted to fundraise through selling fireworks, also supported Measure C.[1]
Arguments in favor
Official argument
The following official argument was submitted in favor of the measure:[1]
| “ |
Now is not the time to take away hundreds of thousands of dollars in annual revenue from Salinas’ schools and nonprofit groups. VOTE YES ON C! Over the last 7 years, Salinas’ schools and nonprofit community groups have raised over $2 million selling State Fire Marshal-Approved, Safe and Sane Fireworks each 4th of July. These funds have been reinvested in Salinas’ elementary and high school sports, scholarships, educational programs and community youth sports, arts and senior programs. Last year the City Council voted to ban the annual sale and use of State-Approved Fireworks on the 4th of July and the sale of these fireworks. This ban robs Salinas’ schools and nonprofit groups of critically needed funding. They cited the widespread use of and lack of enforcement against illegal fireworks as their justification. To address these concerns, community leaders wrote Measure C to be tougher, more comprehensive, safer, establish larger fines and provide additional revenue to fund increased police and fire protection for the City of Salinas; and yet still preserve this critical fundraiser for Salinas’ schools and nonprofit organizations. Vote YES on Measure C so:
Vote YES on C. Protect Salinas’ schools and nonprofit community groups, our 4th of July celebration and fund increased police and fire protection. Vote YES on C. Reward Salinas schools and non-profit community groups and not illegal fireworks smugglers.[4] |
” |
Opposition
Arguments against
Mayor Joe Gunter, as well as the other city council members, supported and approved the ban on fireworks and opposed this initiative designed to overturn the city council ordinance. Arguing that the petition drive was not representative of the feelings of most voters, Mayor Gunter said that, while about 8,000 signatures were collected from registered voters, "43,000 didn’t sign the petition. All I have heard since we passed the ban last year was that we did the right thing.”[5]
Salinas Fire Chief Ed Rodriguez and Police Chief Kelly McMillin advised the city council to ban fireworks and were supportive of the ordinance the city council approved in August 2015. Rodriguez and McMillin said that the use of fireworks always gets out of hand during Fourth of July and New Year's festivities. They also stated that banning all fireworks, including the "safe and sane" kind, was the only way they would be able to effectively prevent the use of dangerous fireworks such as rockets, cherry bombs, and M-80s.[5]
Councilwoman Jyl Lutes said that she was worried that fireworks companies would provide enough campaign funds in support of Measure C to get it approved, even though the police and fire chiefs opposed legal fireworks and recommended the city council to ban them in August 2015. Lutes said, “I’m very frustrated. The people selling fireworks will be coming at this with an unlimited budget.”[5]
Civic Chronicles columnist Jeff Mitchell wrote an opinion piece urging voters to reject Measure C, arguing that it was sponsored by outside corporate interests and that legalizing personal fireworks would be bad for the city. An excerpt of his article is below:[6]
| “ |
If you are tired of your city turning into a war zone every time we celebrate the nation’s birthday, then you have to say NO to Measure C. If you are concerned about your veteran neighbors, the air quality, the noise pollution and scared pets, then for the love of all that’s holy mark NO on your ballot on Measure C.[4] |
” |
Background
Fireworks social ordiance
On May 2, 2016, the Salinas City Council voted 5-2 to approve an ordinance that would hold property owners responsible for the use of illegal fireworks by tenants. The ordinance would give the city's police department the ability to fine property owners up to $1,500 for any fireworks code violations committed on their property, regardless of who actually purchased and used the fireworks. The approval of Measure C would lessen the reach of this ordinance since it would make the sale and use of certain fireworks legal. The social ordinance would still apply to fireworks not legalized by Measure C.[2]
Peter Sheets, who owns rental property in the city, responded to the approval of the social ordinance by saying, “Unbelievable, I’m shocked. It is wrong to punish one person for the crime of the others.”[2]
Gloria Moore, the owner of Gloria Moore Realtors, argued that property owners, in many cases, have no tools available to force compliance with city laws not already included in existing contracts. She said, “The issue here is this is a behavior of tenant that you are trying to control, and legally is [sic] we can only make them comply with the contracts we have with them."[2]
Salinas Fire Chief Ed Rodriguez said the following of the ordinance:[2]
| “ |
It gives police and fire another tool to be able to find property owner and renters that utilize fireworks that are illegal. If we’re going to get our hands around illegal fireworks this is a great way.[4] |
” |
Safe and Sane Fireworks
According to state law, a "safe and sane firework" is any kind of firework that has been examined by the State Fire Marshal and been declared as "safe and sane." Moreover, this classification automatically excludes all "dangerous fireworks," which are classified as any of the following:[7]
| “ |
(a) Any fireworks which contain any of the following:
(b) Firecrackers. (c) Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge. (d) Roman candles, including all devices which discharge balls of fire into the air. (e) Chasers, including all devices which dart or travel about the surface of the ground during discharge. (f) Sparklers more than 10 inches in length or one-fourth of one inch in diameter. (g) All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, autofoolers, cigarette loads, exploding golf balls, and trick matches. (h) Fireworks known as devil-on-the-walk, or any other fireworks which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this part. (i) Torpedoes of all kinds which explode on impact. (j) Fireworks kits. (k) Such other fireworks examined and tested by the State Fire Marshal and determined by him, with the advice of the State Board of Fire Services to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks.[4] |
” |
| —State Fire Marshal[7] | ||
Path to the ballot
This measure was put on the ballot through a successful initiative petition campaign. Fireworks companies, including Phantom and TNT, paid signature gathering professionals about $80,000 to collect the require signatures for this initiative. Petitioners submitted over 13,000 signatures. They needed 7,791 valid signatures, and the county elections office verified that more than enough of the submitted signatures were valid, which forced the city council to either approve the initiative themselves or put it before voters. The city council voted unanimously on February 9, 2016, against enacting the initiative, deciding to let the voters decide the issue instead.[5]
Recent news
The link below is to the most recent stories in a Google news search for the terms Salinas fireworks initiative Measure C. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 Monterey County Elections Office, "Salinas Voter Information Pamphlet," accessed May 22, 2016
- ↑ 2.0 2.1 2.2 2.3 2.4 The Californian, "Salinas OKs fireworks social ordinance," May 4, 2016
- ↑ Monterey County Elections, "Local Measures, June 7, 2016, Primary," accessed May 2, 2016
- ↑ 4.0 4.1 4.2 4.3 4.4 4.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 5.0 5.1 5.2 5.3 The Californian, "City puts fireworks ban on ballot," February 10, 2016
- ↑ The Californian, "Jeff Mitchell: Vote No on Salinas Measure C," May 19, 2016
- ↑ 7.0 7.1 State Fire Marshal website, "Fireworks in California," accessed May 12, 2014
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