Proposal would make property owners responsible for fireworks use in Vacaville
Parents of children who use fireworks would also be held liable under the proposed ordinance.
(Stock image, Graphic by Solano NewsNet)
The Vacaville City Council will discuss a proposal to make homeowners liable for illegal firework use on their property.
The proposal would amend the city’s prohibition on fireworks by incorporating a “social host ordinance” that would allow investigators to hold property owners accountable when investigators determine fireworks have been used there.
At a February 2022 city council meeting, officials said the city’s current anti-fireworks ordinance has not done enough to discourage residents and others in Vacaville from using them during the Fourth of July holiday and during other times of the year.
The current ordinance allows police to fine individuals who are found to have used fireworks in Vacaville (a first-time offense costs $250, with fines increasing for repeat offenses up to $1,000). But officials say it can be hard to determine who actually ignited a firework when they are connected to a large gathering at a home or when people fire them from fenced-off areas.
“Though fireworks of any type are currently banned in the City of Vacaville, the use of fireworks is prevalent, especially around the Fourth of July holiday,” Vacaville Fire Department Chief Kris Concepcion wrote in a letter to the city council this week. “Since the Fourth of July holiday is also associated with extreme fire weather, fireworks pose a threat to the City. In response, Police and Fire step up enforcement efforts around [the Fourth of July holiday], but, to date, have been unsuccessful in decreasing firework activity.”
Last year, Vacaville firefighters were dispatched to over 160 fireworks-related calls, Concepcion told Solano NewsNet by email Tuesday afternoon. One of those calls included a small house fire that was started by fireworks, he affirmed.
Conception says incorporating a social host ordinance would allow investigators to hold property owners liable where it would otherwise be difficult to determine who ignited a firework. The ordinance would also allow investigators to hold parents liable when their children use illegal fireworks.
In his letter to the city council, Concepcion wrote property owners would be able to shift their liability if they provide investigators with enough information to determine who was responsible for firework use on their property. They also would not be liable for firework use if they provide city officials with enough information to prove they were not home when the fireworks were set off and that they had no prior knowledge that fireworks would be used while they were away.
The exception would allow property owners who rent their homes through Airbnb and other vacation rental services to avoid liability, but only if they provide city officials with information about who was renting their home at the time of the incident.
Similar social host ordinances have been enacted in Pacifica, Modesto, Arroyo Grande, Rohnert Park and other communities, where officials reported a decreased use of fireworks during the year, Concepcion affirmed. The fire chief said the proposed ordinance might lead to a bump in staffing during fireworks-prone holidays, but that increase could be absorbed without a budget increase.
“Though fireworks of any type are currently banned in the City of Vacaville, the use of fireworks is prevalent, especially around the Fourth of July holiday,” Concepcion wrote. “Since the Fourth of July holiday is also associated with extreme fire weather, fireworks pose a threat to the City. In response, Police and Fire step up enforcement efforts around [the Fourth of July holiday], but, to date, have been unsuccessful in decreasing firework activity.”
The Vacaville City Council will hold its first in-person meeting Tuesday evening at City Hall. The council meeting starts at 6 p.m. and will be live-streamed on the City of Vacaville’s website.
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