THE CITY OF SALINAS HAS A ZERO TOLERANCE POLICY FOR ILLEGAL FIREWORKS
Report Fireworks
Per California State law, only fireworks certified as "safe and sane" by the State Fire Marshal's Office are permitted for sale and use in designated areas. These approved fireworks can only be sold from standalone fireworks booths.
Drone Program During 4th of July
Summary: The implementation of the drone program within the Salinas Fire Department has significantly enhanced our capabilities, particularly concerning fireworks-related incidents. Drones offer a bird's-eye view, allowing us to monitor firework displays and detect any instances of illegal activity swiftly and efficiently. This aerial perspective provides crucial insights into crowd dynamics, fire spread patterns, and potential hazards, enabling us to respond effectively to emergencies. Moreover, drones equipped with thermal imaging technology can detect heat signatures, aiding in the identification of hidden fires or hotspots amidst firework debris. By integrating drones into our operations, we've elevated our ability to ensure public safety during firework events, minimizing risks and enhancing overall situational awareness for our firefighters and the community.
2023 Fireworks Operations: During the recent firework patrol operation, SFD deployed a team of six skilled drone pilots equipped with a fleet of drones to monitor the 4th of July night. This strategic deployment allowed members to cover a wide area efficiently, ensuring comprehensive surveillance of firework activities. Through diligent monitoring, the team successfully identified multiple instances of illegal firework usage, resulting in the issuance of citations totaling an impressive $84,000.
Footage Taken by Task Force Members
Citations
"Enforcement officer" shall mean any city employee, agent of the city, or law enforcement officer with the authority to enforce any provision of this Code. Whenever an enforcement officer charged with the enforcement of any provision of this Code determines that a violation has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation.
Recieved a Citation?
The City of Salinas enforces a zero-tolerance policy regarding illegal fireworks to protect public safety, reduce fire risks, and address disturbances within the community.
An administrative citation is issued only after enforcement officers document evidence of a violation. Documentation may include, but is not limited to, eyewitness observations, photographs, video recordings, drone footage, officer reports, or other evidence collected during the investigation.
Your administrative citation was issued because the City of Salinas determined that one or more violations of the Salinas Municipal Code (SMC), Chapters 5 and 13, occurred. An administrative citation is an enforcement action used as an alternative to criminal prosecution and provides an administrative process for addressing the violation.
Option 1: Pay the Citation in Full
Choose this option if you accept the citation and want to close the matter by paying the amount due in full.
How to pay:
- Pay by check, cash, money order, or credit card. Do not mail cash.
- Make checks or money orders payable to: City of Salinas.
- Mail or deliver payment to: Salinas Fire Department, Fire Prevention Division, 200 Lincoln Ave, Salinas, CA 93901.
- Include your citation number on your payment.
What to include:
- Payment for the full penalty amount.
- A copy of your citation or notice, if available.
Option 2: Request a Payment Plan
Choose this option if you do not wish to contest the citation but need additional time to pay.
- Schedule an appointment with Fire Department staff using the LINK or by visiting the Salinas Fire Department Fireworks Page or by calling 831-758-7466.
2. After scheduling your appointment, appear in person at the Fire Prevention Division, located at 200 Lincoln Ave., Salinas, CA 93901.
3. Request to complete a Payment Plan Agreement.
4. An initial payment of $150 is required. Afterward, monthly payments of at least $100 must be made unless a different payment amount has been approved in writing.
Please bring the following to your appointment:
- Your citation or notice.
- A valid government-issued photo ID.
- Your initial payment, if required.
- A credit or debit card to keep on file for automatic monthly payments.
Important: Failure to make your monthly payments on time may result in a 15% late payment penalty on the balance owed, additional collection actions, and/or referral for further enforcement.
Option 3: Contest the Citation - Request an Administrative Hearing
Choose this option if you disagree with the citation and want a Hearing Officer to review the matter.
Deadline: Submit your request within 30 days of the citation date.
If you believe your citation was issued in error or wish to contest it, you may request an administrative hearing. During the hearing, an independent Hearing Officer will review the citation, consider any evidence or testimony you present, and issue a decision.
Requests submitted after the 30-day deadline may be denied, resulting in the loss of your right to an administrative hearing.
Required documents:
Where to submit:
- Schedule an appointment with Salinas Fire Department staff to discuss the citation and to turn in all your documents.
- Address: Fire Marshal’s Office/ Fire Prevention Division, 200 Lincoln Ave, Salinas, CA 93901.
After you submit a complete request, the City will mail you the date, time, and location of the administrative hearing.
If You Cannot Afford the Advance Deposit
A hardship waiver is not a waiver of the citation. It is a request to attend the hearing without first depositing the full penalty amount.
To request a hardship waiver, submit the Administrative Citation Hardship Waiver Request and proof of inability to pay. Examples of proof may include payroll stubs, unemployment benefits, social security benefit verification, public assistance verification, rent or mortgage information, utility bills, and other income or expense records.
If the hardship waiver is approved, the hearing may be scheduled without the advance deposit. If the citation is not dismissed after the hearing, you may still owe the full penalty amount.
Information for Property Owners and Landlords
If you received an administrative citation for a property that you rent to tenants, do not ignore the citation, even if you were not present when the violation occurred. The citation remains your responsibility unless the City determines that another responsible party should be cited.
If you believe your tenant(s) were responsible for the violation, you should request an administrative hearing within 30 days of the citation date and provide documentation showing that the property was occupied by a tenant at the time of the violation.
To assist the City in reviewing your case, please provide:
- The tenant's full name.
- The tenant's phone number, email address (if available), and current mailing address.
- A copy of the signed lease or rental agreement showing the tenant occupied the property on the date of the violation.
- A signed letter authorizing the tenant to communicate directly with the City of Salinas Fire Department regarding the citation. This authorization allows the tenant to discuss the citation, participate in the administrative hearing, and, if appropriate, enter into a payment plan or resolve the matter directly with the City.
The City will review all information submitted during the appeal process. If the evidence demonstrates that the tenant was the appropriate responsible party, the City may issue a revised administrative citation to the tenant. The original citation is not automatically transferred, and providing tenant information alone does not relieve the property owner of responsibility.
Both the property owner and the tenant may participate in the administrative hearing, together if they would like or have seperate Admin Hearings. The landlord may explain why the citation should be transferred, and the tenant may present testimony or other evidence regarding the circumstances of the violation. The Hearing Officer will consider all relevant information before issuing a decision.
Important: Requesting that a citation be transferred to a tenant does not extend the deadline to request an administrative hearing or pay the citation. Property owners should continue to comply with all applicable deadlines until the matter has been resolved.
Information for Homeowners and Residents Residing at the Address
If you believe the citation was issued in error, or if you would like to explain the circumstances surrounding the violation, you should submit a request for an administrative hearing within 30 days of the citation date.
At the hearing, you will have the opportunity to:
- Explain why you believe the citation should be dismissed or modified.
- Present photographs, documents, receipts, witness statements, or any other evidence you would like the Hearing Officer to consider.
- Provide testimony regarding the events that led to the citation.
- Ask questions about the evidence presented by the City.
An independent Hearing Officer will review all of the evidence and testimony before issuing a written decision.
If you are a tenant and your landlord received the citation, you may also participate in the administrative hearing. Your landlord should provide the City with your contact information, a copy of the lease or rental agreement, and written authorization allowing you to communicate directly with the City regarding the citation. If appropriate, the City may issue a revised citation naming you as the responsible party after reviewing the information provided.
If you accept responsibility for the citation but need additional time to pay, you may be eligible to enter into a payment plan with the City. Contact the Salinas Fire Department for information about available payment plan options.
Important: The request for an administrative hearing must be submitted within 30 days of the citation date. Failure to request a hearing by the deadline may result in the loss of your right to contest the citation.
What to Expect for your Administrative Hearing
After you have submitted all of your required documents, we will begin our review to ensure that your application is complete and that all required information has been provided.
Once the review is complete, we will contact the independent third-party Administrative Hearing Officer to schedule your hearing. After a hearing date and time have been confirmed, we will notify you by email and mail.
Prior to the hearing, we will prepare a complete hearing packet containing the case details, applicable documents, and all evidence being presented by the City. You will receive the hearing packet by email, along with a secure link to access the documents. At that time, we will also provide the hearing details, including whether the hearing will be conducted via Zoom or in person, along with any instructions you may need.
Day of the Hearing
The hearing will be conducted by an independent Administrative Hearing Officer.
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You, as the appellant, will then have the opportunity to present your testimony, evidence, and any information you would like the Hearing Officer to consider.
At the conclusion of the hearing, the Administrative Hearing Officer will take the matter under submission. A written determination will be issued within approximately 10 business days and will be mailed to you.
After the Decision
Requesting Evidence or Public Records
Important: Requesting public records or evidence related to your citation does not extend or pause the deadline to pay the citation or request an administrative hearing. You are responsible for meeting all applicable deadlines, even if your public records request is still being processed.
You may request public records related to your citation through the City of Salinas online public records portal, NextRequest. Be specific when describing the records you want.
The City generally has 10 calendar days to respond to a public records request. In some cases, additional time may be allowed by law.
How to Submit a Request
- Submit your request through the City's NextRequest public records portal.
- Select Fire Department as the department.
- Enter a detailed description of the records you are requesting. Include the citation number, property address, citation date, and the date range for the records.
- Provide your name, phone number, email address, and mailing address.
- Submit your request. You will receive email updates regarding the status of your request. If you do not receive notifications, please check your spam or junk folder.
Suggested Request Language
"I am requesting records related to Fireworks Citation No. __________, including photographs, videos, enforcement officer notes, and any other records or evidence supporting the citation."
What Happens if You Do Not Respond
Failure to respond may result in additional fines, penalties, collection activity, referral to the City Attorney, legal action to recover the unpaid amount, or a lien or Notice of Pendency on the property, as allowed by law.
Violated Code Sections
SMC Chapter 5, Article II, Section 5.02.19 and 5.02.19 (g) - Possession or Use of Illegal Fireworks Administrative fines and penalties.
(a)Any violation of this chapter shall be a misdemeanor.
(b) Any person or entity who possesses, uses, stores, sells, and/or displays safe and sane fireworks on or at dates, times, and/or locations other than those permitted under this chapter are subject to an administrative fine of not less than one thousand dollars for each such offense.
(c) Any person who knows or should know, who causes, allows, permits, aids, or abets, any violation of this chapter by another person, shall be subject to an administrative fine of not less than one thousand dollars for each such offense.
(d) Any violation of this chapter may be summarily abated by law enforcement by all reasonable means. A person who has been issued a second administrative citation and/or written notice of violation of this chapter may be liable for response costs incurred in responding to the illegal discharge or illegal storage of fireworks. All such persons shall be jointly and severally liable for response costs incurred in the response and all subsequent responses. If a person is a juvenile, then the parents or guardians of that juvenile and the juvenile will be jointly and severally liable for the response costs incurred pursuant to this chapter. To incur liability for response costs imposed by this chapter, a person need not be present at the event that causes the response giving ruse to the imposition of response costs. This chapter therefore imposes vicarious as well as direct liability upon a person.
(e) Administrative fines shall be subject to the procedures established in Article II of Chapter 1 of the Salinas City Code.
(f) The remedies set forth in this chapter are in addition to all other legal and equitable remedies, administrative, criminal or civil, that may be pursued by the city to address violations of this chapter including, as an alternative to the issuance of an administrative fine pursuant to this section, and in his or her sole discretion, the city attorney may criminally prosecute a violation of this chapter.
(g) The imposition of administrative fines under this section related to the use, possession, sale, or display for sale of dangerous fireworks shall be limited to persons who possess, sell, use, and/or display, or the seizure of, less than twenty-five pounds of dangerous fireworks, measured by gross weight. Any person or entity who possesses, uses, stores, sells, and/or displays less than twenty-five pounds of dangerous fireworks are subject to an administrative fine of not less than one thousand two hundred fifty dollars for each such offense.
(h) Administrative fines collected pursuant to this section and related to dangerous fireworks shall not be subject to the restrictions of California Health and Safety Code section 12706; however, the city shall provide cost reimbursement to the state fire marshal pursuant to regulations adopted by the state fire marshal addressing the state fire marshal's costs for the transportation and disposal of dangerous fireworks seized by the city, which costs will be part of any administrative fine imposed. Unless and until said regulations have been adopted, the city shall hold in trust two hundred fifty dollars or twenty-five percent of any administrative fine collected, to cover the cost reimbursement to the state fire marshal for the cost of transportation and disposal of the dangerous fireworks.
SMC Chapter 5, Article II, Section 5-12.05. - Enforcement; Penalties; Declaration of nuisance; Joint and several responsibility.
(a) A violation of this article shall be a public nuisance and may be abated by the city attorney.
(b)Any violation of the provisions of this article shall be a misdemeanor or subject to administrative citation, at the discretion of the city attorney. Each hour such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
(1)The first violation of this article shall be subject to a fine of two hundred fifty dollars ($250.00).
(2)The second violation of this article during a twelve (12) month period shall be subject to a fine of five hundred dollars ($500.00).
(3) The third and subsequent violations of this article during a twelve (12) month period shall be subject to a fine of one thousand dollars ($1,000.00).
(4) Joint and several responsibility. In addition to the person causing the violation of this article, the owner, tenant, or lessee of property, or a manager or agent, or any other person lawfully entitled to possess the property from which the offending sound is emitted at the time the offending sound is emitted, shall be responsible for compliance with this article if the additional responsible party knows or reasonably should have known of the violating noise disturbance. It shall not be a lawful defense to assert that some other person caused the sound violation. The lawful possessor or operator of the premises shall be responsible for operating or maintaining the premises in compliance with this article and may be cited regardless of whether or not the person actually causing the sound is also cited. Notwithstanding the foregoing, an owner, manager, or agent of property from which the violating sound is emitted and who does not reside on such property shall not be cited for violation of the provisions of this article unless such owner, manager, or agent has previously been informed in writing by a representative of the city of the existence of a violating noise disturbance on the property, and such disturbance continues or occurs again.
SMC Chapter 5, Article II, Section 13-9 (d)-(I)
(d)Section 104.12 is added to read as follows:
104.12 - Cost Recovery
104.12.1 Purpose. The purpose of this Section is to establish authority to obtain reimbursement from responsible individuals for the expenses of any emergency response and/or enforcement action by the City of Salinas to protect the public from fire or hazardous substances and situations.
104.12.2 Reimbursement
1) In accordance with the Health and Safety Code Section 13000 et seq., an individual who acts negligently or in violation of the law and thereby requires the jurisdiction to provide an emergency response to a danger posed by a fire or hazardous substance shall be liable for reimbursement to the agency for the costs incurred.
2) In accordance with Government Code Sections 53150 through 53158, any individual who is under the influence of an alcoholic beverage or any drug or the combined influence of an alcoholic beverage or any drug, and whose negligent operation of a motor vehicle, boat or vessel or civil aircraft caused by that influence proximately causes any incident and thereby requires the agency to provide an emergency response shall reimburse the agency for the cost incurred.