‘Hit people in their pockets’: San Jose will fine property owners, renters for illegal fireworks use

After a banner year for illegal firework displays, San Jose leaders are once again cracking down on the irksome explosions.

Under a newly amended ordinance advanced by the San Jose City Council on Tuesday, tenants and property owners could face hefty fines for firework displays that are set off on their land, regardless of whether or not they discharged the light displays themselves.

Those found in violation of the ordinance would be required to foot the bill for the total costs of emergency response,  including police and fire personnel, associated with — or caused by — the fireworks violations.

The amendments would expand San Jose’s current fireworks ordinance, which only permits law enforcement to fine the individual who sets off the fireworks.

“I’m hoping that this will be a very effective (strategy) — where we hit people in their pockets,” Councilmember Sylvia Arenas said during Tuesday night’s meeting. “Most people don’t like that, so hopefully we will see behavioral modification by the next holiday that we have and then preparing for the big one coming up in July.”

San Jose will join about a dozen cities across California, including Pacifica and Redwood City, that have adopted similar “social host” firework ordinances. Sacramento last week made plans to take this step as well.

With a state drought emergency now declared in 39 of California’s 58 counties, San Jose councilmember David Cohen said curbing illegal firework use is more important than ever.

“What I’m really concerned about this summer, of course, is fire danger from these fireworks,” he said.

Deputy fire chief Hector Estrada said that illegal firework use during last year’s Fourth of July holiday weekend marked a “significant setback to incremental mitigation progress made in prior years” — a blow that city officials hope the new ordinance will help remedy.

The ordinance aims to encourage individuals who host gatherings to “exercise greater care in ensuring no illegal activity takes place at their gatherings” and “deter people from hosting gatherings where illegal firework activity might take place,” Estrada said.

The city is working on a mobile application to make it easier for residents to report illegal fireworks in real-time, allowing for better enforcement of the new rules.

As drafted, the ordinance would apply to any public or private property owner. City staff will return to the council later this month for final approval.

The council has instructed the city attorney’s office to explore potential exemptions, such as school districts where individuals might use empty fields to set off fireworks or events where individuals trespass onto properties to discharge the illuminations.

Councilmember Raul Peralez cautioned his colleagues against carving out too many exemptions that might make the new ordinance difficult for officers to enforce.

“As we get too nuanced as we try to determine who should be excluded or included, we might get into legal trouble or make it not effective,” he said.

The new ordinance marks the second move by San Jose leaders in recent months to curb illegal firework use.

In December 2020, the council voted to increase the fine amounts for individuals who set off the noisy illuminations. First time violators now can face a fine of $1,000 — up from $500. A second violation within an 18-month period is penalized with a $2,000 fine and a third violation during that same period would warrant a $3,000 fine.