Oakley Sees Decrease in Fireworks Activity After Increased Fine

On Tuesday, Oakley Police Chief Paul Beard provided an update on fireworks and the reduction they have seen since a fireworks ordinance was approved.

“Until I started my employment here, I didn’t understand how bad it was in Oakley and I learned really quick how bad it was.,” stated Beard who started in Oakley back in 2016 and began chasing down fireworks. “In 2020, when COVID hit, it was a very concentrated firework effort around the weekend around the 4^th of July, it was a prolong season which began in roughly April and extended through December. It didn’t slow down. Fireworks were being heavily fired off.”

Beard then provided data on firework incidents which he called a “very under reported” incident.

• 2020: 167 calls for service. They had 76 cases in which 6 were appealed. 25 Cases were dismissed while 50 cases were upheld with a $100 fine.
• 2021: Adopted Municipal Code of a $1k fine. Police saw a 40% decrease in calls for service from 2020. Cases dropped to 46 in which 21 cases were appealed. 12 were dismissed and 6 upheld with a $1k fine.
• 2022: Beard said it “seemed less” which data shows. Oakley saw a 35% decrease from 2021 with 83 calls for service. Oakley had 1 case which was contested and upheld. Fine of $1k
• 2023: Continue education and co-branding with fire department for basic awareness. Will take all hands-on deck this year. Summerfest will have 15 officers assigned.

Back in June of 2021, the Oakley City Council approved its Ordinance to increase penalties for fireworks to include “social hosts” making them accountable for fireworks discharges. The fine increased from $100 to $1,000.  The council voted 4-1 in favor with Vice Mayor Randy Pope dissenting over language in the ordinance.

Under the new ordinance, the city does continue to prohibit manufacturing, sale, use or discharge of fireworks within the city, the fine now jumps to $1,000 per offense. The amendment now can fine a “social host”. The goal is to not only to prohibit discharge of fireworks, but hold homeowners or tenants responsible for the activities occurring at the residence. Other cities have found greater compliance with fireworks.

The prohibition on manufacture, use, and discharge of fireworks would be continued, but liability for such activities would be expanded to include property owners, tenants, or others in control of residences who allow such activities to occur on their properties. Fines would also be increased to $1,000 per violation, even for first violations.

•  Note — Oakley Ordinance + More Info: Health and Safety Code Sections 12502 through 12534, 

In Contra Costa County, all fireworks are illegal as the Board of Supervisors increased its own ordinance back in June of 2021 which strengthens regulations of the possession, manufacture, sale, use, and discharge of fireworks in the unincorporated areas of Contra Costa County.

“Illegal fireworks pose a danger to our communities and a drain on our system,” said Board Chair, Supervisor Diane Burgis. “We simply don’t have the resources to address this continued problem. I would encourage the cities to follow suit and send the message that illegal fireworks will not be tolerated in Contra Costa County.”

Under the new ordinance, property owners and vessel owners are responsible for ensuring that the use of illegal fireworks does not occur on their property. Owners may be liable for ordinance violations if illegal fireworks are used on their property or vessel.

The ordinance also authorizes the Contra Costa County Sheriff’s Office to issue citations for violations of the fireworks ordinance. A violation of the ordinance is subject to a fine of $100, a fine of $200 for a second violation of the ordinance within one year, and a fine of $500 for each additional violation of the ordinance within one year.

See full document Ordinance No. 2021-19 (PDF), amending Chapter 44-2 of the County Ordinance Code on Fireworks.

Notes –

• Contra Costa County Amends Fireworks Ordinance Board Meeting Emphasizes Public Safety and Wildfire Prevention
• City of Livermore Fireworks Ordinance – increases fines to $500. (goes into effect June 22, 2023)