A. The city council of the city of Petaluma, pursuant to the city’s police powers under Article XI, Sections 3 and 5 of the California Constitution, and the city charter established pursuant to such sections, has the authority to enact and enforce laws that promote the public health, safety and general welfare of its residents. The use of fireworks in violation of Section 17.20.070, and in particular Section 5608.2, which is one of the local amendments to Chapter 56 of Part 9 of the 2019 California Fire Code as amended by Section 17.20.070, is potentially harmful to the persons involved and a threat to public health and safety, quiet enjoyment of residential property and the general welfare. Persons in Petaluma may unlawfully use fireworks at private residences or at rented residential and commercial premises and attend fireworks gatherings at such premises that are under the control of a person who knows, or should know, of the unlawful use of fireworks at the premises.

B. The city council finds that persons having possession or control of property may be responsible for unlawful fireworks use on private property and for fireworks gatherings on that property and/or may fail to ensure that fireworks are not used on such property and in such gatherings. The city council further finds that problems associated with unlawful fireworks use and fireworks gatherings are difficult to prevent and deter unless peace officers and code enforcement officers in the Petaluma police department and in the fire prevention division of the Petaluma fire department have the legal authority to direct hosts to cease unlawful fireworks use and to disperse fireworks gatherings and to cite the responsible persons.

C. Law enforcement personnel have in the past been required to respond to unlawful fireworks use on private property and gatherings on private property at which fireworks were being used unlawfully. Law enforcement personnel have also received multiple service calls in the same calendar year and/or successive calendar years concerning such use and such gatherings at the same property. Such calls for service result in a disproportionate expenditure of public safety resources and delay official responses to other calls for service in the rest of the city.

D. An ordinance that imposes liability on property owners and other responsible persons for unlawful use of fireworks and fireworks gatherings on the property is necessary to deter and prevent such use and such gatherings. Persons who actively and passively aid, allow, or tolerate such use and such gatherings should be held liable for permitting such violations of the law and threats to the public health, safety and welfare, the nuisances created by them and the costs associated with responding to them.

E. The purposes of this chapter include: protecting the public health, safety and welfare by deterring unlawful fireworks use, and the health and safety risks such use creates, and reducing the costs to the public of providing law enforcement response services to unlawful fireworks use, both in terms of monetary costs and availability of law enforcement personnel for other calls. These purposes are implemented by the imposition of criminal penalties for fireworks hosts as well as the imposition of administrative penalties for fireworks hosts and landowners (including landlords) and others in control of private property and the imposition of fees to recover the costs incurred by the city in providing law enforcement responses to private property where fireworks are used unlawfully and fireworks gatherings occur at properties where previous such use and/or gatherings have required law enforcement responses.

F. For these reasons, the Petaluma city council declares that unlawful fireworks use and fireworks gatherings on private property are a threat to the public peace, health, safety and general welfare, and a public nuisance as they affect at the same time the entire Petaluma community as well as the neighborhoods in which they occur.