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9.B. - Page 2 of 6 <br />ANALYSIS <br />Staff also evaluated the creation of a Social Host Ordinance to curtail illegal fireworks use. Staff <br />researched 12 communities throughout California who currently have a Social Host Ordinance for <br />fireworks use, including the City of Pacifica and Santa Clara County. <br />This ordinance would improve enforcement capabilities in a number of ways. Typically it is not difficult <br />for enforcement personnel to identify the general location from which the use of illegal fireworks <br />emanate. The difficulty lies in identifying the individual user or possessor. This type of ordinance greatly <br />simplifies this challenge and allows an officer to focus on a particular person (or multiple persons) <br />responsible for the property. A Social Host Ordinance reduces the need for an officer to physically insert <br />themselves into a crowd to identify the user or possessor and allows the safer and more measured <br />approach of merely identifying the responsible party for either contact at the time of the incident or later <br />follow up. Finally, the enactment of a new ordinance and an associated community outreach endeavor <br />to inform the public of its existence and potential penalties would further the goal of reducing illegal <br />fireworks use. <br />The ordinance is crafted in a manner to avoid narrow application to property owners only. It could be <br />applied to any person who has the right to use, possess or occupy a public or private property under a <br />lease, permit, license, rental agreement, or contract. Additionally the ordinance could be applied to any <br />person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on <br />public or private property. The ordinance exempts property owners who can demonstrate that at the <br />time of the violation they had rented or leased the property to another, they were not present, and they <br />had no prior knowledge of the violation. <br />Staff presented the concept of a social host ordinance to Neighborhood Association leaders who attended <br />a meeting on March 5, 2019. Approximately 25 individuals representing 14 of the 17 Neighborhood <br />Associations were present. Those present generally supported the concept of a social host ordinance, but <br />asked for clarification on situations when the property owner was immediately in control of the property <br />at the time illegal fireworks were suspected. Staff used this feedback to clarify definitions of responsibility <br />for property, and will be clear on this point when publicizing the social host ordinance, should the City <br />Council approve the ordinance. If approved, staff will publicize the existence of the ordinance through the <br />City's electronic and print newsletters, through social media, through Neighborhood Associations, and <br />through contact with multi -family property owners. Additionally it will be posted on the City's webpage <br />and printed materials will be available at various City facilities. <br />FISCAL IMPACT <br />Enactment of this ordinance could require a modest level of staff resources for enforcement. Staff expect <br />that enforcing a social host ordinance could be accommodated within existing staffing and budget <br />authority. <br />City of Redwood City 1017 Middlefield Road, Redwood City, CA. 94063 Tel: 650-780-7000 www.redwoodcity.ore <br />274 <br />