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

Local Safety Task Force Announces Unprecedented Funding of Patrols and Prosecutions and New “Zero Tolerance” Campaign Theme

State Fire Marshal Says State and Local Public Safety Agencies are Targeting Both the Criminal Providing the Dangerous Fireworks as well as the Casual User who is their Customer

SACRAMENTO, Calif.--(BUSINESS WIRE)--The 4^th 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 4^th of July – from the sanctioned, publicly-funded, community aerial fireworks shows to the traditional, legal front and backyard 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 once again tell the individuals who traffic in these dangerous, illegal fireworks,” said Tonya Hoover, Acting 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!”

“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.”

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 4^th 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 fifteen years. While fifteen 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 the heavy importation and use of aerial shells rivaling or surpassing those used at public fireworks displays. While fifteen 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.

“While fifteen 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.”

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 286 communities throughout the state allow their sale and use each 4^th of July. “There are over 3,300 non-profit organizations in these 286 communities that rely, now more than ever, on the funds they raise by selling State-Approved Fireworks,” said Dennis Revell, spokesperson for TNT 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 4^th of July, these over 3,000 non-profit organizations 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 and that the Sacramento County District Attorney’s Office was forced to lay off 31 prosecutors, the 461 Sacramento area non-profit organizations who sell State-Approved Fireworks and the State-Approved Fireworks industry have increased their financial support to not only fund dedicated patrols to identify, cite and/or arrest those individuals using or selling illegal fireworks, but also to underwrite their prosecution. “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 4^th of July!” pleaded Revell. “Let no would-be illegal fireworks user not fear the consequences of their criminal activity and let the residents of our communities feel safe,” Revell stated. “The brave men and women on these patrols will cite you and, thanks to underwriting provided by this task force, you will receive the justice you deserve!”

According to area prosecutors, for the twelfth 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.

Acting State Fire Marshal Hoover stated that the public’s participation in 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 at a press conference in Sacramento to unveil that community’s fire and law enforcement agencies’ new Zero-Tolerance campaign entitled: “Illegal Fireworks… You Light It, We’ll Write It!”

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 celebrants on how serious law enforcement and fire officials view this subject, “We are once again implementing a 'Zero-Tolerance' effort against illegal fireworks,” stated Sacramento City Fire Department Chief Ray Jones at the press conference as he stood, flanked by a number of law enforcement and fire representatives, in front of a billboard depicting a police officer’s citation book surrounded by dangerous, illegal fireworks sitting on the hood of a patrol car with lights a-blazing. (Please see billboard by going to: http://www.ca-fireworks.com/EDocs/Site60/You%20Light%20It%20Billboard%20(00014352).PDF)

“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.

As a result of a new law 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 286 communities in California that permit State-Approved Fireworks to be sold and used every 4^th 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.

The Greater Sacramento Area Fireworks Safety Task Force is a safety coalition composed of representatives of local government, the fire service, and the 461 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 22 years ago, served as a model for the highly acclaimed “California Statewide Fireworks Safety & Education Program” coordinated through the Office of the State Fire Marshal with the assistance of Revell Communications, the 3,300 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 [phone] or [phone] (cell).

All materials, including videos and PSA’s, distributed at the press conference (as well as all safety video’s and PSA’s produced and distributed over the last 20-years) are available online at…www.ca-fireworks.com