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The San Francisco Board of Supervisors passed legislation Tuesday to impose stricter penalties for using illegal fireworks after the city saw a rise in fireworks-related injuries and fires over the Fourth of July weekend.
"This ordinance gives the city a practical tool to change behavior before somebody is burned, a home catches fire, or a neighborhood is put at risk," said Supervisor Alan Wong at Tuesday's board meeting. Wong introduced the legislation.
While the San Francisco Fire Department and emergency centers typically see a surge in injuries and fires on July 4 and the days before and after, medical and fire responses were higher this year than in past years, according to Wong.
On July 4, SFFD responded to 146 fireworks-related calls between 9 p.m. and midnight. There were 17 grass fires, two house fires, 55 small fires such as trash fires, and a self-driving car catching fire after driving over a spent fireworks box, according to fire officials.
"We do not need to wait for another serious injury or fire to act," Wong said.
The unauthorized use of all types of fireworks is already prohibited in San Francisco, and existing law gives police the power to cite offenders. But Wong said the San Francisco Police Department doesn't have a "workable consequence" in the enforcement of the law.
"Our local laws do not currently give officers a clear and practical way to enforce that prohibition," Wong said.
Wong's legislation establishes a penalty structure with fines and possible jail time for those who violate the law.
First-time offenders would be given an infraction and a ticket between $125 and $250. All subsequent offenses within five years of a prior violation would be a misdemeanor with penalties between $250 and $750 or imprisonment for up to six months.
‘Safe and sane' label challenged
The ordinance would apply to many types of fireworks, including what state law calls "safe and sane" fireworks, which are legal at the state level but can be banned by local jurisdictions. "Safe and sane" fireworks include sparklers, fountains and other fireworks that do not explode or fly into the air.
Supervisor Jackie Fielder criticized the ordinance's strict penalties for these types of fireworks.
"This ordinance could allow jail time for use of small and insubstantial fireworks, even sparklers," she said. "Six months in jail is a long time for a sparkler."
Wong argued that even "safe and sane" fireworks can pose potential harm and should carry the same consequences as larger fireworks.
"The term ‘safe and sane' can create a dangerously misleading impression," he said. "These fireworks may be lower-powered and approved by the state fire marshal, but they are not harmless, especially in a dense city like San Francisco. Sparklers, fountains and other consumer fireworks can cause serious burns, ignite clothing, injure eyes, and start vegetation or structure fires."
Fielder was also worried that the ordinance could lead to increased enforcement against people of color since fireworks-related calls in the city tend to concentrate in areas populated mostly by people of color and low-income residents. The San Francisco Public Defender's Office and the American Civil Liberties Union of Northern California issued letters to the board echoing the same concern.
"I'm concerned that this law will ruin the lives of primarily young people from low-income households and communities of color and actually make our communities less safe in doing so," Fielder said.
The ordinance, which was co-sponsored by Supervisors Stephen Sherrill, Myrna Melgar, Danny Sauter, Matt Dorsey and Board President Rafael Mandelman, ultimately passed. Fielder and Supervisor Shamann Walton were the only members who voted no.
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