HomeMy WebLinkAboutCOW 2019-06-24 Item 4B - Discussion - Enforcement Strategy for July 4 FireworksCOUNCIL AGENDA SYNOPSIS
Meeting Date
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6/24/19
CO
ITEM INFORMATION
ITEM NO,
4.B.
S"I'.1IiI; SPONSOR: BRUCE LINTON
OR IC INAI. AGENDA DAI'L:: 6/24/19
AC ND, ITEM TITLEJuly 4 Fireworks Enforcement Strategy
CATI;GOR ' /1 Discuthon
6/24/19
❑ Motion
A4tg Date
❑ Resolution
Altg.Date
❑ Ordinance
Mtg Date
E Bid Award
Mtg Date
E Public Hearing
Date
❑ Other
Altg Date
Mtg Date
SPONSOR CCounci/ ❑Mayor HR ❑DCD ❑Finance IL4Fire ❑TS ❑PAR ►1
Police DPI ' ❑Court
SPONSOR'S An update to the Council on the July 4 Fireworks Enforcement Strategy
SUMMARY
REVIEWED BY ❑ C.O.W. Itg. C CDN Comm D Finance Comm.
0 Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm.
DATE: 6/17/19 COMMITTEE CHAIR: ROBERTSON
►1 Public Safety Comm.
❑ Planning Comm.
RECOMMENDATIONS:
SPONSOR/ ADMAN.
CoMMITri
Tukwila Police and Fire Departments
EE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
6/24/19
Informational Memorandum dated 6/12/19, plus attachments
Minutes from the Public Safety Corn. of 6/17/19
35
36
City of Tukwila
Allan Ekberg, Mayor
TO:
INFOR ATI
Public Safety Committee
FROM: Bruce Linton, Police Chief
Jay Wittwer, Fire Chief
AL E ORA DU
BY: Chris Flores, Assistant Fire Chief
CC: Mayor Ekberg
DATE: 06/12/19
SUBJECT: 4th of July Fireworks Enforcement Strategy
ISSUE
Active enforcement of Ordinance 1787, Banning the Discharge of Fireworks within the
Corporate Limits of the City of Tukwila, during the week of July 4, 2019.
BACKGROUND
On 12/09/1996 Council passed Ordinance 1787, banning the discharge of fireworks as
described above. In previous years, emphasis patrols staffed by Police and Fire have focused
mainly on education and confiscation without pursuing civil penalties on behalf of the city. These
emphasis patrols seem to have exacted minimal impact on the use of fireworks in the
community. The activities have continued, and complaints regarding the illegal discharge of
fireworks continued to be registered. TMC 8.12 charges the Chief of Police and Fire Marshal
with administering and enforcing related provisions. TMC 8.45 allows for monetary penalties:
"Each civil infraction shall carry with it a monetary penalty of $100.00 for the first violation,
$175.00 for a second violation of the same nature or a continuing violation, and $250.00 for a
third or subsequent violation of the same nature or continuing violation." (TMC 8.45.120
Penalties- attached)
DISCUSSION
The kinder and gentler approach associated with education and enforcement has failed in
stemming the illegal discharge of fireworks in the City of Tukwila, The Police Chief and Fire
Marshal are preparing for proactive enforcement within the full guidelines of the ordinance and
within TMC 8.12 and 8.45. In advance of the upcoming holiday, community messaging will
emphasize a City of Tukwila "Zero Tolerance" policy aimed at the illegal discharge of fireworks.
OUTREACH EFFORTS
Part of the Police and Fire Department fireworks enforcement strategy encompasses
messaging to ensure Tukwila residents and visitors are well informed of Ordinance 1787,
banning the discharge of fireworks inside our city limits.
Staff understands that communications with residents and guests on the City's ban on fireworks
and this year's emphasis patrols that will result in citations. Accordingly, the City is utilizing the
following communication channels to get the message out:
• Social media and website — The City will utilize all of its social media channels from the
main City account, Parks and Recreation account and the Tukwila Police Department
account to push out a centralized message on the fireworks ban, and the fact that the
Police Department will be writing citations in 2019. The website will also be updated
accordingly.
37
INFORMATIONAL MEMO
Page 2
• Channel 21 — City staff will put materials on Channel 21 for viewers to see regarding the
ban and citations.
• Tukwila Talk — Staff will coordinate with the editor to convey the ban and upcoming
enforcement strategies.
• Nextdoor — Staff will leverage blockwatch communities to communicate the ban and
enforcement strategy via the NextDoor blog.
• Digital Message Board — Staff is reaching out to the advertiser of the digital message
board at West Valley Highway and S. 180th Street to push out a message both about the
fact that there will not be fireworks at Ft. Dent this year as well as the fireworks ban in
the City of Tukwila.
• Code Red — The City will push out messages to people in Tukwila that have signed up
for non -emergency alerts reminding people that fireworks are illegal in the City of
Tukwila and to warn them that citations will be issued this year.
Yard Signs in Parks — As the department has done in previous years, Parks and
Recreation will develop "Respect the Ban" yard signs and place them in parks
throughout the City reminding people about the fireworks ban.
• Tukwila School District Coordination — City staff will work with the Tukwila School District
to utilize some of their channels such as social media and sign at Foster High School, to
push out the message of the ban and planned citations.
• The city will work with TIBAC, COPCAB and other committees, to spread the word and
possibly assist with distributing information pamphlets to apartment managers for
distribution to their rental communities.
In addition, staff is working on various ways to spread the word that there will not be fireworks at
Fort Dent. Efforts include leveraging social media, outreach to media and installing the variable
message board signs on West Valley Highway at Fort Dent Way.
FINANCIAL IMPACT
Approximately $2,600.00 in overtime and benefits for two police officers and two firefighters on
July 3, 2019 to patrol eight hours. Approximately $5,200 for six police officers and two
firefighters on July 4, 2019 to patrol eight hours. The total impact is approximately $7,800.
RECOMMENDATION
Forward to the June 24, 2019 Committee of the Whole for an update to the full Council.
ATTACHMENTS
Tukwila Municipal Code 8.12 Fireworks
Tukwila Municipal Code 8.45.120 Penalties
20 Year summary - Tukwila Police Department Fireworks Calls for Service (CFS)
6/28/18 — 7/5/18 — Fireworks CFS graph
6/28/18 — 7/5/18 — Fireworks CFS (hotspots map)
38
TUKWILA MUNICIPAL CODE
CHAPTER 8,12
FIRE (RI"
Sections:
8.12.010 Sale of Fireworks Prohibited
8.12,020 Ban on Fireworks Discharge
8,12.030 Fireworks Discharge, Enforcement Authority
8.12,040 Fireworks Discharge, Penalties
8.12.010 Sale of Fireworks Prohibited
No person, firm or corporation shall manufacture, sell, or
store fireworks in the City of Tukwila, except that a person
granted a permit for a public display of fireworks shall be allowed
to buy, possess and store fireworks according to the permit
granted,
Old, 1786 §i .(9 36)
8,12,020 Ban on Fireworks Discharge
No person or persons shall ignite, explode or discharge any
fireworks or firecrackers within the city limits of Tukwila, except
as provided below;
1. Use by a group or individual for religious or other
specific purposes on an approved date an approved location
pursuant to a permit issued pursuant to RCW 70.77.311.
2. Use of trick and novelty devices as defined in
WAC 212,17,030, and use of agricultural and wildlife fireworks
as defined in WAC 212,17,045,
3. Public Display of Fireworks
a. 'Public displays of fireworks" are defined as an
entertainment feature where the public is admitted or permitted
to view the display or discharge of fireworks.
b. Public displays of fireworks shall be allowed
pursuant to the definitions and permit provisions found in RCW
70.77.255, 70.77.260 (2), 70.77,280 through 70.77,295, and
City requirements in TMC 8.12.020-3,c, 3,d & 3.e below.
c. Applications for public display of fireworks shall
be made in writing at least 14 days before the proposed display.
The Fire Marshal shall investigate the safety, supervision,
responsibility and preparation for the display, and shall report to
the City Council those findings.
d. The City Council shall review all permit
applications for a public display of fireworks, and shall have the
power, based upon the finding of their investigation, to grant or
deny any application for a permit, or to subject the same to such
reasonable conditions, if any, as they shall prescribe. Said
decision to grant, deny, or grant subject to conditions shall be in
writing with findings and conclusions provided therein in support
of the City Council's decision.
e. The fee for a public display shall be $100.
f. Permits granted shall be in effect for the
specified single event, date and time specified in the permit.
Such permit shall not be transferable.
g. Any applicant who feels he/she has been
denied a permit for reasons other than those set forth in this
section, is entitled to appeal the written decision in accordance
with procedures set forth in TMC 8.45.060 relating to appeals
from notice and orders.
(Old, 1787 §1,1990
8,12,030 Fireworks Discharge, Enforcement
Authority
The Chief of Police and Fire Marshal are both directed to
administer and enforce the provisions of this chapter. Upon
request by the Chief of Police or the Fire Marshal, all other City
departments and divisions are authorized to assist them in
enforcing this Chapter
(Ord, 11187 §7, 1%)
8.12,040 Fireworks Discharge, Penalties
Any person who violates any portion of this ordinance shall
be subject to having their fireworks confiscated as provided for
in RCW 70.77,435, and shall be guilty of a civil violation and
penalty as provided in TMC Chapter 8,45.
(Ord,, 1787 $53, 19963
)age 8-12
Produced by the City of ukwila, City Clerk's Office
39
TITLE 8— PUBLIC PEACE, MORALS AND SAFETY
Enforcement Officer may issue a Stop Work Order specifying
the violation and prohibiting any work or other activity at the site.
Any violation of a Stop Work Order may be prosecuted with a
Notice of Violation and Order, and is hereby declared to be a
public nuisance. The Code Enforcement Officer is authorized
to enjoin or abate such public nuisance summarily by any legal
or equitable means as may be available, The City shall assess
the cost of abatement, including any and all legal fees incurred
by the City attendant thereto, and any fine levied jointly and
severally against the responsible parties, the subject property or
both. The costs for the injunction or abatement, including any
and all penalties and legal fees incurred by the City, shall be
recovered by the City from the person(s) responsible in the
manner provided by law.
(Ord. 2547 §14, 2017)
8.45.100 Abatement
Any condition or violation described in a Notice of Violation
and Order that is not corrected within the time specified therein
is hereby declared to be a public nuisance, The Code
Enforcement Officer is authorized to enjoin or abate such
nuisance summarily by any legal or equitable means as may be
available. The City shall assess the cost of abatement, including
any and all legal fees incurred by the City attendant thereto, and
any fine levied jointly and severally against the responsible
parties, the subject property or both. The costs for the injunction
or abatement, including any and all penalties and legal fees
incurred by the City, shall be recovered by the City from the
person(s) responsible, in the manner provided by law.
(Ord. 2547 §15. 2017)
8.45.110 Appeal to Hearing Examiner
A. The person(s) responsible named on a Notice of
Violation and Order issued by the Code Enforcement Officer,
pursuant to TMC Section 8,45.070, may appeal the Notice by
requesting such appeal within 10 calendar days after being
served with the Notice pursuant to TMC Section 8,45.070.
When the last day of the period so computed is a Saturday,
Sunday, or a Federal or City holiday, the period shall run until
4:30 PM on the next business day. The request shall be in
writing and include the applicable appeal fee as specified in the
City's fee schedule adopted by resolution of the City Council.
Upon receipt of the appeal request, the Code Enforcement
Officer shall schedule an appeal hearing before the Hearing
Examiner. Notice of the hearing shall be sent to the appellant
and/or the person(s) named on the Notice of Violation and Order
under the procedures described in TMC Section 8.45,070, or as
may be otherwise requested by the appealing party.
B. At or after the appeal hearing, the Hearing Examiner
may:
1. Sustain the Notice of Violation and Order;
2. Withdraw the Notice of Violation and Order;
3. Continue the review to a date certain for receipt of
additional information; or
4. Modify the Notice of Violation and Order, which
may include an extension of the compliance date.
C. The Hearing Examiner shall issue a written decision
within 14 days of the date of the completion of the review, and
shall cause the same to be sent to the person(s) named on the
Notice of Violation and Order under the same procedures
described in TMC Section 8.45.070 or as otherwise directed by
the appealing party.
D. The decision of the Hearing Examiner shall be final and
conclusive unless appealed. An appeal of the decision of the
Hearing Examiner must be filed with superior court within 21
calendar days from the date the Hearing Examiner's decision
was mailed to the person(s) responsible to whom the Notice of
Violation and Order was directed, or is thereafter barred. The
cost for transcription of all records ordered certified by the
superior court for such review shall be borne by the appellant.
(Ord. 2547 §115, 2017)
8.45.120 Penalties
A. VIOLA TIONS OF THE TUKWILA MUNICIPAL CODE:
1. Civil Infraction.' Each civil infraction shall carry
with it a monetary penalty of $100.00 for the first violation,
$175.00 for a second violation of the same nature or a
continuing violation, and $250.00 for a third or subsequent
violation of the same nature or a continuing violation.
2. Notice of Violation and Order:
a. A Notice of Violation and Order shall carry with
it a cumulative monetary penalty of $250.00 per day for each
violation from the compliance date until compliance with the
Notice of Violation and Order is achieved.
b. The Code Enforcement Officer shall have the
discretion to impose penalties in an amount lower than those set
forth herein, taking into account the mitigating factors described
below:
(1) Was the responsible party willful or
knowing of the violation?
(2) Was the responsible party unresponsive
in correcting the violation?
(3) Was there improper operation or
(4) Does the violation provide economic
benefit for noncompliance?
(5) Does the discharge result in adverse
economic impact to others?
(6) Will cleanup activities be able to fully
mitigate or remediate the impacts?
(7) Is there a history of violations?
(8) Were there unforeseeable
circumstances that precluded compliance?
(9) Did the responsible party make a good -
faith effort to comply?
3. Liability for Damages: In addition to any penalty
that may be imposed by the City, any person violating or failing
to comply with any of the provisions of the Tukwila Municipal
Code shall be liable for all damage to public or private property
arising from such violation, including the cost of restoring the
affected area to its condition prior to the violation.
maintenance?
Produced by the City of Tukwila, City Clerk's Office Page 8-49
40
Tukwila Police Department
Fireworks Calls for Service
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
6/28
0
0
0
1
6
3
1
2
0
3
1
0
1
1
0
3
1
1
0
0
6/29
3
0
0
3
2
2
4
0
3
1
1
1
2
2
1
0
0
2
0
0
6/30
0
2
3
1
1
4
1
1
2
4
2
2
0
1
2
2
2
0
3
1
7/1
0
2
3
6
4
6
6
3
3
3
0
0
9
10
1
2
0
2
0
1
7/2
4
10
3
1
7
6
7
7
5
4
2
2
3
1
0
1
2
11
5
2
7/3
11
9
6
6
6
11
21
5
11
7
2
6
7
3
3
4
5
13
7
4
7/4
46
52
40
28
38
55
33
45
42
29
19
26
27
15
29
22
29
35
38
41
7/5
13
3
1
9
12
19
16
14
8
6
6
7
14
1
3
7
21
4
7
7
Total
77
78
56
55
76
106
89
77
74
57
33
44
63
34
39
41
60
68
60
56
120
100
80
60
40
20
0
Tukwila Police Department
Fireworks Calls for Service
6/28-7/5
1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
Total CFS
--July 4th
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42
City of Tukwila
City Council Public Safety Committee
PUBLIC SAFETY COMMITTEE
Meeting Minutes
June 17, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall
Councilmembers: Dennis Robertson, Chair; Kate Kruller, Zak Idan
Staff: David Cline, Jay Wittwer, Bruce Linton, Laurel Humphrey
CALL TO ORDER: Chair Robertson called the meeting to order at 5:30 p.m.
I. ANNOUNCEMENT
II. BUSINESS AGENDA
A. Resolution: Surplus Vehicle
Staff is seeking Council approval of a resolution that would declare as surplus and transfer
ownership of a 1997 Ford Expedition from the Fire Department to the Zone 3 Fire Explorers. The
vehicle was donated to the Zone 3 Fire Explorers Program in 2010 and has numerous
mechanical issues and required repairs exceed the cost of the vehicle. The Explorers have
requested the title and will be responsible for future costs. They will also add signage in honor
of former advisor Mike McCoy. UNANIMOUS APPROVAL. FORWARD TO JULY 15, 2019
REGULAR CONSENT AGENDA.
B. Fourth of July Holiday Enforcement Strategy
Staff updated the Committee on plans to enforce the fireworks ban during the upcoming Fourth
of July holiday. The City plans to do more proactive enforcement this year with emphasis on a
"zero tolerance" message to the community in the weeks prior. The City will get the word out
through its media channels and coordination with the School District. Both Police and Fire will
be providing additional staff on July 3 and July 4 for an estimated financial impact of $7,800.
Councilmember Kruller suggested messaging in additional languages and seeking guidance
from the Equity and Social Justice Commission. DISCUSSION ONLY. FORWARD TO JUNE 24,
2019 COMMITTEE OF THE WHOLE.
III. MISCELLANEOUS
Staff updated the Committee on the propane tank emergency incident over the weekend.
Councilmember Idan asked if the City would be reimbursed. The Fire Chief will be sending a letter
to responsible parties explaining the violations and outlining next steps.
Staff distributed a document showing automatic aid given and received per station between 2014
and 2018. Chair Robertson reiterated the Committee's intent to review public safety data to assess
long term change and ensure effective policymaking.
43