Jessica Cejnar Andrews / Tuesday, Aug. 20 @ 4:19 p.m. / Local Government
Harbor Commissioners Inch Closer to a Draft Fireworks Ordinance; Suggested Components Range From Parking Fees to 'Significant Fines'
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Harbor commissioners called for parking fees and fines for those who violate a proposed fireworks ordinance. | Photo courtesy of the Del Norte County Sheriff's Office
Though two commissioners renewed their call for a full ban on fireworks, Crescent City Harbormaster Tim Petrick said it will take time for the community to adjust to a new ordinance.
Referencing a comment Board President Harry Adams made, Petrick pointed out fireworks are part of the culture.
“You don’t change that in one year,” he said Tuesday. “You don’t just say we’re shutting it down, it’s not happening anymore.”
The day after the city, county and harbor officials met to discuss measures each agency could take to avoid a repeat of a July 4 explosion that turned into a mass casualty incident, Adams urged his colleagues to write their ideas down and submit them to staff.
Adams asked the public to do the same, saying he’d meet with Petrick and Assistant Harbormaster Mike Rademaker next week and bring back a draft fireworks ordinance before the full Board.
Some like Adams and his colleague Rick Shepherd, who’s a commercial fisherman, said they wanted to stop fireworks at the gate. Shepherd said this should include informing the public that if they light a firework they could be escorted off the premises.
Commissioner Brian Stone called for charging people to park at the Crescent City Harbor District. He said in addition to paying a minimum of $10 or “maybe more,” they should receive a ticket that states fireworks are illegal and they could face a fine.
“Last but not least, when they sign it, they’re going to sign a liability waiver and we should log [it] in with their car license plate number,” Stone said. “And it should state, ‘I accept all responsibility and liability for any and all fireworks.’ If they’re lying to us and and it comes into a court of law and a building burns down or a boat burns down, or anything else, these characters are going to be liable for this.”
According to Petrick, at Monday’s meeting — which included Del Norte County Sheriff Garrett Scott, Crescent City Police Chief Richard Griffin as well as representatives of CalFire and Crescent City Fire & Rescue — there was discussion about making sure ordinances match.
Harbor commissioners might want to check in with City Attorney Martha Rice and County Counsel Jacqueline Roberts when drafting the ordinance to make sure the sheriff and the police chief could enforce it, Petrick said. He said it’s also important for the California Highway Patrol, the California Department of Fish and Wildlife and Redwood National and State Parks to enforce the fireworks ordinance.
One suggestion that was brought up at Monday’s meeting focused on creating zones that outlines where Safe and Sane fireworks are allowed versus where fireworks are banned, Petrick said. This would help law enforcement figure out where to focus their resources, the harbormaster said, adding that there’s less of a concern about illegal fireworks at Beachfront Park.
“I would ask the Board to decide if we want to pursue either a family-friendly [ordinance], which likely be easier for us to enforce, or a full ban — either of which is fine by me,” Petrick said.
The discussion on Monday also touched on deterring illegal fireworks. For the Harbor District, the most effective tool would be fine.
“That would be not just a $1,000 fine if you get caught with illegal fireworks, it would be $1,000 per piece of the ordinance,” Petrick said. “If you got caught with 10 mortars, that’s 10 grand. These guys that are backing up a U-Haul with $60,000 of illegal fireworks, they don’t care if you give them a $1,000 fine. If they have a $60,000 fine they have to go to court and fight, they’ll start thinking about going elsewhere.”
But one challenge is figuring out where the Harbor District property ends and county property or state property starts, Petrick said. There’s also a question about private property.
“None of the agencies know exactly where the property lines are,” he said. “All the agencies kind of push back about where the lines are. It is confusing. There are sections from Anchor Way to Nickel Creek above the high tide line that are private, there are sections owned by the tribe, sections owned by the state and sections owned by the feds.”
Adams, who also attended Monday’s meeting, said there was some suggestion about posting fliers at the state agriculture inspection stations at the Oregon state line warning people not to bring illegal fireworks with them.
However, Annie Nehmer, one of five candidates running for the Crescent City Harbor District Board, pointed out that locals were responsible for the July 4 explosion at South Beach that sent 14 people to the hospital. She applauded the idea of charging people for parking at the harbor, but said regulating people’s behavior is difficult.
Another candidate for Crescent City Harbor District, Dan Schmidt, asked how the Harbor District would prosecute those who have violated the fireworks ordinance.
“Are you going to have 200 firework violators appear in court?” Schmidt asked.
Kevin Hendrick, chair of the Del Norte Democratic Committee, said if the Harbor District does charge for parking, they could use that revenue to enforce its fireworks ordinance. He urged the Board of Commissioners to draft the ordinance so it states that while any law enforcement agency can enforce it, revenue from the parking fees would come back to the Harbor District.