Fire and Law Enforcement Agencies Are Determined to Put a Stop to Illegal Fireworks This 4th of July

* Reuters is not responsible for the content in this press release.

Wed Jun 24, 2009 12:00pm EDT

Local Safety Task Force Announces Unprecedented Levels of Dedicated Patrols

State Fire Marshal Says 2008 Law Provides New Penalties for Both the Criminal
Providing the Dangerous Fireworks as well as the Casual User who is their
Customer


SACRAMENTO, Calif.--(Business Wire)--
The 4th of July brings images of family and friends gathered together,
neighborhood block parties, barbecues and watermelon, parades and fireworks
displays. It is a festive national holiday that is celebrated with lots of
pride, sparkle and enthusiasm. Fireworks are a very visible part of the
California landscape each 4th of July - from the sanctioned, publicly-funded,
community aerial fireworks shows to the traditional, legal front and back yard
family celebrations with State-Approved Fireworks to the illegal bottle rockets,
aerial shells and other bootlegged, illegal pyrotechnics that are too frequently
seen and heard. "We are here today to tell the individuals who traffic in these
dangerous, illegal fireworks," said Tonya Hoover, Assistant California State
Fire Marshal, "As well as those who purchase and use these dangerous pyrotechnic
devices… We don`t care if you do it for fun or profit… We are determined to put
a stop to it!" 

Reflecting back on what appears to be a growing trend in many communities
throughout California, state and local fire and law enforcement agencies said
the state continues to see a growing influx of illegal fireworks into
California, by both organized, commercial operations as well as small,
individual, criminal entrepreneurs. According to media reports and fire
officials in many communities throughout California, over the last several years
on the 4th of July, people have looked up into the sky and have witnessed
dazzling, brilliant fireworks exploding above them. "Unfortunately, these
pyrotechnics weren`t from organized, public displays," recounted Hoover. "They
were the illegal variety! Some reports have suggested that these displays
rivaled many authorized public displays, except they went on for hours upon
hours." 

Dangerous, illegal fireworks are defined in California law to include such items
as sky rockets, bottle rockets, roman candles, aerial shells, firecrackers and
other miscellaneous types of fireworks that either explode, go up in the air, or
move about the ground in an uncontrollable fashion. Any device that has not been
classified as "Safe and Sane" ("State-Approved") in California is deemed by law
to be "dangerous" and "illegal". 

According to Hoover, the dynamics of the illegal fireworks problem in California
has changed dramatically over the last ten years. While ten years ago the
primary focus of state and local police and fire agencies was illegal bottle
rockets and firecrackers; today, the use of these items is dwarfed by heavy
importation and use of aerial shells rivaling or surpassing those used at public
fireworks displays. While ten years ago it was just a local entrepreneurial
crook who would go into a neighborhood and sell illegal fireworks out of the
trunk of his car; today, there are large out-of-state operations shipping
trailer loads directly into California. These operations usually use independent
truckers, rental trucks and/or the internet to accomplish this smuggling. In
recent days, the popular website Craigslist has seen a rash of ads hawking a
variety of illegal pyrotechnics. 

"While ten years ago this was a problem that local government could be expected
to handle and control," said Hoover, "Today it takes a massive, coordinated
effort between state, federal and local agencies to stop the supply of these
illegal items coming across our state`s borders and to provide the means for
local fire and law enforcement agencies to stop, cite, and confiscate the
illegal product from the casual user and, more importantly, to stop, arrest and
prosecute those who are engaged in the felony possession, use and/or sale of
these dangerous fireworks. Fortunately, with the leadership of Governor
Schwarzenegger, numerous law enforcement and fire organizations, labor
organizations and TNT Fireworks, in 2008 we began to implement one of the most
comprehensive pieces of fireworks legislation that California has seen in over
50 years." 

According to Hoover, Senate Bill 839 (Sen. Calderon), which became effective
January 1, 2008, removed a number of legal, procedural and practical hurdles to
enforcing illegal fireworks statutes in California. The legislation, which
enjoyed a broad cross section of support (California State Firefighters
Association; California Fire Chiefs Association; Los Angeles County Sheriff; San
Bernardino County Sheriff; American Federation of State, County and Municipal
Employees; League of California Cities; TNT Fireworks) made these significant
improvements in the fight against illegal fireworks: (1) targets large, illegal
fireworks operators with significantly increased fines; (2) authorized
additional state arson and bomb investigators to tackle the problem; (3) allowed
local governments, particularly their public safety agencies, to share in the
criminal fines levied against illegal fireworks violators; (4) allowed local
jurisdictions to adopt a streamlined enforcement and administrative fine
procedure to go after the casual user of illegal fireworks; (5) provided for the
suspension of a commercial motor vehicle license when a license holder was
involved in the transportation of illegal fireworks; (6) changed the method of
determining whether an individual is in possession of a felony level of illegal
fireworks from the amount of pyrotechnic composition in the firework item to
instead the gross weight of the product; (7) provided for new fees on all
firework licensees to assist with statewide fireworks enforcement and public
education; and (8) established a requirement that, in addition to any fines
and/or jail time, all violators will have to reimburse the State of California
for the cost of the transportation and disposal of these illegal fireworks. 

This legislation is only the latest in a series of coordinated efforts, between
local and state fire agencies, CAL FIRE, the State-Approved Fireworks industry,
and the over 3,000 non-profit organizations who sell State-Approved Fireworks
every year, to battle the growing problem with illegal fireworks throughout the
state. 

State fire officials said this year they see an added danger from illegal
fireworks, given the number of vacant, foreclosed homes with dry, overgrown
yards throughout some communities in the state. "We have many houses that are
vacant now. If a bottle rocket, for example, were to land in the dry weeds in
the backyard of a home that no one lives in right now, a fire could start and
get out of control before anyone would report it," Hoover concluded. 

California allows a limited variety of primarily of handheld or ground-based
fireworks that have been approved, extensively tested and classified by the
State Fire Marshal as "Safe and Sane" ("State-Approved") and over 272
communities throughout the state allow their sale and use each 4th of July.
"There are over 3,000 non-profit organizations in these 272 communities that
rely, now more than ever, on the funds they raise by selling State-Approved
Fireworks," said Dennis Revell, spokesperson for American Promotional Events,
Inc., the wholesale distributor for TNT State-Approved Fireworks. "Many of these
non-profit groups depend on their ability to sell State-Approved Fireworks to
raise a significant portion of their annual budget." In fact, a 2007 California
legislative analysis estimated that during the one week period before the 4th of
July, these 3,000 non-profits raise about $35 million to support the critical
programs they provide in their communities. 

This year, in light of the fact that many local police and fire departments have
sustained critical cuts in their budgets and personnel, the 450 Sacramento area
non-profit organizations who sell State-Approved Fireworks and the
State-Approved Fireworks industry have increased their financial support to fund
dedicated patrols to identify, cite and/or arrest those individuals using or
selling illegal fireworks. "This year, public safety agencies throughout
California face a daunting task," said Revell. "Law enforcement agencies and the
fire departments throughout this state will need everyone`s help to protect
their communities against the dangers these illegal fireworks pose this 4th of
July!" pleaded Revell. Assistant State Fire Marshal Hoover stated that the
public`s participation this effort against illegal fireworks will bolster the
already stretched resources of fire and law enforcement agencies throughout the
state. Hoover`s statements were made in a press conference in Sacramento to
unveil that community`s participation in their fire and law enforcement`s
"Zero-Tolerance" effort against illegal fireworks. 

In an effort to try and stress the seriousness posed by the use of these
dangerous, illegal fireworks and to bring the message home to potential would-be
Sacramento area celebrants on how serious local prosecutors, law enforcement and
fire officials view this subject, "We are once again implementing a
"Zero-Tolerance" effort against illegal fireworks along with tough sentencing
guidelines that apply to both adults and juveniles found to be using illegal
fireworks," Sacramento City Fire Department Chief Ray Jones announced today at
the press conference on behalf of all fire chiefs in the region and the Greater
Sacramento Area Fireworks Safety Task Force. 

"The Task Force will be deploying an unprecedented number of dedicated teams of
police, fire and sheriff officers to issue citations to individuals found to be
possessing and/or using illegal fireworks, confiscating those fireworks and,
where the amount of illegal fireworks is of sufficient quantity or severity,
arresting those individuals and transporting them to the Sacramento County or
Placer County jail," Jones concluded. 

According to area prosecutors, for the tenth year in a row, serious violators
found to be in possession of illegal fireworks will be offered an opportunity to
plead guilty for three years of informal probation and five days in the county
jail. Individuals caught using illegal fireworks could be required to serve a
minimum of ten days in the county jail. These dispositions/sentencing guidelines
will apply to both adult and juvenile offenders and will apply irrespective of
how small a quantity of illegal fireworks the violators are found to be using or
possessing. "These offers," stated Sacramento County Deputy District Attorney
Ann Marie Schubert, "may be increased if the defendant is found to have a prior
criminal record. Furthermore, if the facts warrant child endangerment charges,
the violator may be required to serve a minimum of 30 days in the county jail,"
explained Schubert. "If any illegal fireworks charges are prosecuted as felonies
because of the amount, type or way in which the illegal fireworks or explosives
were used, state prison commitments may be pursued, particularly if the
defendant has a prior criminal record," added Schubert. 

As a result of SB 839, which took effect January 1, 2008, depending on the gross
weight of the illegal fireworks found to be in possession of the suspect, this
senseless activity can be punishable with a fine of up to $50,000 and/or not
more than 1 year imprisonment in a state prison or county jail. Parents may be
held liable for any fire damage or injury caused by their children using illegal
fireworks. 

In California, the Office of the State Fire Marshal engages in an extensive
testing and approval process of a limited variety of 1.4G fireworks that are
known and labeled as "Safe and Sane" fireworks but are more commonly referred to
as "State Fire Marshal-Approved," or "State-Approved Fireworks". These
"State-Approved Fireworks" may be identified by the State Fire Marshal Seal
found on the individual firework or the boxes containing them. California law
allows each city or county to determine whether they will permit these
State-Approved Fireworks to be sold or used in their jurisdiction. Currently,
there are 272 communities in California that permit State-Approved Fireworks to
be sold and used every 4th of July. While some local ordinances may be more
restrictive, California law states that these State-Approved Fireworks may only
be sold between noon on June 28 and noon on July 6 of each year. Generally
speaking, in addition to not having been classified as "Safe and Sane" or
"State-Approved" and bearing the State Fire Marshal "Safe and Sane" Seal, a
firework item is considered dangerous and illegal if it "explodes" or "goes up
in the air." 

The Greater Sacramento Area Fireworks Safety Task Force is a safety coalition
composed of representatives of local government, the fire service, and the 450
non-profit organizations who sell State-Approved Fireworks in the Greater
Sacramento area, the media, and the State-Approved Fireworks industry. The Task
Force, formed 20 years ago, served as a model for the "California Statewide
Fireworks Safety & Education Program" coordinated through the Office of the
State Fire Marshal with the assistance of Revell Communications, the 3,000
non-profit organizations who sell State-Approved Fireworks and school districts
throughout the state. 

NOTE TO EDITORS, ASSIGNMENT EDITORS AND REPORTERS: Ride-alongs with special
enforcement teams may be available on a first come, first serve basis. If you
wish to schedule one, please contact Revell Communications at (916) 443-3816 or
(800) 263-2486 (pager). 

All materials, including videos and PSAs, distributed at the press conference
(as well as all safety videos and PSAs produced and distributed over the last
19-years) are available online at: www.ca-fireworks.com

(End of advance for release 10 a.m. PT June 24) 





Revell Communications for the Greater Sacramento Area Fireworks Safety Task
Force
Dennis C. Revell, President/CEO, 916-443-3816
800-263-2486 (pager)
Online Press Kit Available at:
www.ca-fireworks.com



Copyright Business Wire 2009

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