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There are also significant black markets for “dangerous” fireworks in both San Francisco and the South Bay and it is not difficult for a determined person to acquire these devices. Additionally, nearby states such as Nevada have much more lenient laws and California residents bring fireworks into the state from these locales. During the peak period of annual fireworks use, July 1 through July 6, RCPD has received an average of 176 reported incidents each year over the past decade. The highest number of reported incidents during this period was in 2013 with 236 reported incidents; the lowest was in 2017 with 125 reported incidents. It is safe to assume that the reported instances represent only a portion of actual illegal uses of fireworks within the City limits. Many people incorrectly assume the principal difficulty in successfully enforcing fireworks laws is finding the location where fireworks are being set off and responding in time to investigate and identify responsible parties. In fact, the difficulty for officers is not locating where fireworks are being used, but rather in actually identifying the person in possession of the fireworks or responsible for their ignition. Additionally, RCPD staff is often asked why the ShotSpotter gunfire detection system cannot be used to help enforce fireworks laws. The answer is two-fold: 1) the system is designed to differentiate and filter out fireworks from gunshots to reduce the number of false alarms; and 2) even with the fireworks filter deactivated, the system only covers a very small portion of the city and does not always directly correlate to where fireworks are used. In order to successfully prosecute an individual for use of illegal fireworks at the misdemeanor or infraction level, an officer must actually witness the person(s) physically lighting the devices. Merely identifying a group of people who are near active or recently discharged devices is not enough to support an arrest. The fact that most fireworks use involves small or medium-size crowds setting off devices after dark makes it difficult for officers to approach undetected to make a positive identification of the person actually using the fireworks and get close enough to physically make an arrest before the suspect retreats into a crowd or flees. Misdemeanor cases can sometimes be made if a citizen sees someone in possession of fireworks and is willing to make a citizen’s arrest, which may include following through with legal testimony. While many citizens may be willing to anonymously report illegal fireworks use to the police, the Police Department has found few residents are willing to become officially and publicly involved when it is often their neighbors engaging in the illegal activity. 8.B. - Page 3