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<br />CITY OF SAN LEANDRO <br /> <br />STAFF REPORT <br /> <br />APPROVED AND <br />FORWARDED <br />TO CITY COUNCIL <br /> <br />TO: <br /> <br />John J ermanis, City Manager <br /> <br /> <br />DATE: <br /> <br />May 29, 2007 <br /> <br />FROM: <br /> <br />Dale S. Attarian, Chief of Police <br />Police Department <br /> <br />BY: <br /> <br />Marc DeCoulode, Police Lieutenant <br />Police Department <br /> <br />SUBJECT PROJECT/PROJECT DESCRIPTION: <br /> <br />AN ORDINANCE'AMENDING SECTION 3-11-105 OF CHAPTER 3-11, TITLE 3 OF THE <br />SAN LEANDRO MUNICIPAL CODE RELATING TO FIREWORKS <br /> <br />SUMMARY AND RECOMMENDATION <br /> <br />As it is currently worded, Section 3-11-105 of Chapter 3-11, Title 3 of the San Leandro <br />Municipal Code restricts the issuing of citations involving the use of fireworks. In order for a <br />Police Officer to make an arrest or cite for fireworks violations, the Officer must witness the <br />person actually possessing or lighting the fireworks. <br /> <br />The amended ordinance has been reviewed and approved by the City Attorney. The proposed <br />amendments to Section 3-11-105 of Chapter 3-11, Title 3 expand the Police Department's ability <br />to address the ongoing problems associated with illegal fireworks. Therefore, it is recommended <br />that the City Council approve the revisions as an urgency ordinance. <br /> <br />BACKGROUND <br /> <br />Analysis <br />During the 2006 Fourth of July Holiday, the Communications Center of the Police Department <br />received 115 noise complaints involving fireworks between the hours of 6:00 p.m. and 1 :30 a.m. <br />Officers made one arrest and issued eight citations for fireworks-related issues. Although <br />fireworks were confiscated in fifteen incidents, Police Officers were limited in their ability to <br />issue citations due to the current wording of the Ordinance. <br /> <br />The revisions to Section 3-11-105 of Chapter 3-11, Title 3, hold the property owner andlor the <br />individual responsible for the property accountable for any fireworks found on the premises. It <br />expands a Police Officer's scope of authority to issue citations without having to witness the <br />actual lighting of fireworks. <br /> <br />The Fourth of July Holiday is the primary day for celebrating with fireworks. Therefore, it is <br />imperative that the revised Ordinance take effect immediately upon its adoption. This will <br />provide Police Officers with a stronger enforcement capability over the 2007 holiday. It is <br />