Hayward CA Ordinace to Hold Property Owners Liable for Fireworks

[Al D.]

Effective May 5, 2022, Hayward will become the latest CA jurisdiction to be able to enforce the following: ”…Any person, social host or property owner shall be liable for any unlawful use, discharge, or display of fireworks at their property or gathering…”

For details, look up Ordinance Nos 22-01 and 22-02: https://library.municode.com/C...

[Brian Garlington]

Quote from @Al D.:

Effective May 5, 2022, Hayward will become the latest CA jurisdiction to be able to enforce the following: ”…Any person, social host or property owner shall be liable for any unlawful use, discharge, or display of fireworks at their property or gathering…”

For details, look up Ordinance Nos 22-01 and 22-02: https://library.municode.com/C...

 It is NOT a coincidence that this went into effect on Cinco De Mayo.

[Al D.]

@Brian Garlington I love the suspicion. Lol… Apparently, it is typical for this city’s ordinances to become effective 30 days after the Council’s approval. And they meet on the first, third, and fourth Tuesday of each month. Cinco de Abril happened to be this April’s first Tuesday, and April has 30 days… Of course, these facts do not exactly disprove the suspicion, but…

[Al D.]

The City of Hayward has made certain information public regarding the July 4, 2022, fireworks enforcement campaign. Highlights:

“… Over July 4 and the morning of July 5, the Hayward Police Department and Code Enforcement Division received 359 fireworks complaints… (tying) some of this illegal fireworks activity to 94 separate addresses in the City. Since then, the City’s Code Enforcement Division thus far has issued notifications of violation with penalties to owners of 59 different properties and counting—with fines of $1,200, $3,000 and $5,000 for a first, second and third offense…”

Did any of these cited property owners have a better chance of preventing - not to be confused with responding to a complaint of - someone (tenant, visitor or a trespasser) from using their property to illegally set off fireworks than the municipal government had in preventing a person from setting off illegal fireworks in a city park or any public right of way? I’d like to see the stats on those calls. Is the city bearing responsibility in the form of monetary fines in any of those cases? (Rhetorical.)

“Property owners who wish to appeal a fireworks related citation can do so by completing the Administrative Hearing Request Form and submitting the form to the appropriate City Division based on the hearing type.”

https://www.hayward-ca.gov/fire-department/office-fire-marshal/all-fireworks-are-illegal-city-hayward-and-fairview-fire-protection-districts?mc_cid=d93ededb41&mc_eid=19b64c5478

From the Request for Administrative Hearing form: “A deposit in the amount of the hearing fee is due when this form is submitted.” (Administrative citation fee is $761.)

https://www.hayward-ca.gov/sites/default/files/form/2017-08-09_COMBINED%20HEARING%20REQUEST.PDF

I understand that illegal fireworks cause problems. But I cannot see this approach as a (fair, to say the least) solution. Are property owners now to hire security guards for each July 4th - expecting that to cost less than $1,200? What about July 3rd?… Does having a security guard prevent all crimes?

I do not know what legal education - understanding of evidence, chain of evidence, constitutional/procedural rights - the hearing officer(s) may have. But by not making it a criminal matter, the city is more likely to prevail than not. If I were facing one of these citations, I’d have to consider the cost of an attorney over simply asking the city to lower the fine for a “no contest” - ahem - “plea.” However, with the understanding that this may just be the start of the city’s overreach, an attorney would be worth every penny, so is banding together.