Public Safety Committee August 21

Summary

Meeting Overview

The Public Safety Committee met on August 21, 2012, at 1:00 p.m., with Diane Lawless presiding. The committee addressed three agenda items during the session. One motion was voted on, and the committee heard three public comments.

Of the three items on the agenda, one was approved: "Fireworks Blues." Two items were deferred for future consideration: "Examine Quarry Ordinance to Ensure Revenue Neutral PS Link" and "Items Referred to Committee."

Attendance

The following individuals were present at the meeting on July 10, 2012:

• Diane Lawless
• Doug Martin
• Chuck Ellinger
• Chris Ford
• Julian Beard
• Bill Farmer
• Kevin Stinnett
• K.C. Crosbie
• Jay McChord
• Peggy Henson

No absences or late arrivals were recorded.

Votes and Decisions

Ordinance 0130-26: Amended Fireworks Ordinance 1:14:55

The body voted on an amended fireworks ordinance proposed by Peggy Henson and seconded by Bill Farmer. The ordinance prohibits the use and sale of Category 2 and 3 consumer fireworks while allowing only Category 1 fireworks. It also increases penalties for violations.

The motion passed by roll call vote with 9 ayes, 0 nays, and 0 abstentions.

Voting in favor: Diane Lawless, Doug Martin, Chuck Ellinger, Chris Ford, Julian Beard, Bill Farmer, Kevin Stinnett, K.C. Crosbie, Jay McChord, and Peggy Henson

Voting against: None

The ordinance becomes effective upon passage. It establishes escalating fines for repeat offenses: $250 for the first violation, $500 for the second, and $1,000 for subsequent violations. The ordinance also allows temporary sales tents for fireworks, with a recommended fee to be determined by administration.

Public Comment

Three members of the public addressed the meeting regarding fireworks enforcement and regulation.

Kevin Stinnett 1:04:18 advocated for a proactive enforcement strategy, recommending that joint police and fire units begin enforcement efforts starting in May. He emphasized the importance of public education to ensure community compliance with the new, stiffer penalties associated with the proposed ordinance.

Jay McChord 1:06:15 raised concerns about the practical challenges of enforcement, citing limited staffing as a significant constraint. He suggested that allowing temporary sales tents could serve as a control mechanism for access to prohibited fireworks while maintaining revenue neutrality.

Julian Beard 1:12:24 expressed urgency regarding the immediate implementation of the ordinance. He noted that delaying enforcement could result in a surge in fireworks use before the new rules take effect, as people may quickly exhaust their stock if they become aware that a ban is imminent.

Contested Items

Fireworks Ordinance Enforcement and Penalties

During the July 10, 2012 meeting, discussion of fireworks ordinance enforcement and penalties revealed underlying disagreement among members, despite the final motion passing unanimously.

The core dispute centered on the effectiveness of proposed increased fines as an enforcement mechanism. Some members expressed concerns about whether higher penalties would meaningfully deter violations given the department's existing constraints. Specifically, they questioned the feasibility of enforcement, citing low citation rates and staffing limitations as obstacles to effective implementation.

The disagreement reflected a tension between two approaches: whether increased financial penalties alone could serve as an adequate deterrent, or whether the city lacked the operational capacity to enforce such penalties effectively. Members questioning the approach were concerned that raising fines without addressing underlying enforcement challenges—such as insufficient staffing or low citation rates—would not achieve the ordinance's intended purpose.

Despite these concerns raised during deliberation, the body ultimately reached consensus, with the motion passing unanimously. This suggests that members either resolved their concerns through discussion, accepted the measure as a step forward despite its limitations, or determined that other factors warranted approval despite the identified enforcement challenges.

Fireworks Blues

The committee discussed and approved an amended fireworks ordinance during this agenda item 1:00:00.

Ordinance Details

The proposed ordinance would significantly restrict consumer fireworks use and sales within the jurisdiction. The amendment would:

• Prohibit the use and sale of Category 2 and 3 consumer fireworks, which include aerial and audible devices
• Allow only Category 1 fireworks, limited to ground and handheld sparklers
• Establish tiered penalty increases for repeat offenses: $250 for the first violation, $500 for the second, and $1,000 for subsequent violations

Key Participants

The discussion involved five committee members: Peggy Henson, Kevin Stinnett, Julian Beard, Doug Martin, and Jay McChord.

Outcome

The committee voted unanimously to approve the amended fireworks ordinance. The motion included a recommendation to forward the ordinance to the full council for further consideration and final action.

Examine Quarry Ordinance to Ensure Revenue Neutral PS Link

1:15:27

The committee reviewed the quarry ordinance with a focus on establishing a revenue-neutral fee structure for mining and quarrying permits. The discussion involved Julian Beard, Kevin Stinnett, Peggy Henson, and Doug Martin.

Fee Structure Options Presented

Three fee structure options were examined:

• A fixed fee with cost-of-living adjustment
• A $50 administrative fee with private inspection
• A formula-based fee tied to actual costs

Committee Action

The committee deferred action on the ordinance, determining that additional input was needed before making a final decision. Specifically, the committee requested input from the Division of Engineering to inform the final fee structure selection.

Items Referred to Committee

The committee reviewed a list of items that had been referred by the Public Safety Link. 1:30:47

Items Under Review

The referred items included: - Chronic nuisance ordinance - Community corrections - Emergency management planning - Fleet maintenance

Key Speakers

Peggy Henson, Kevin Stinnett, and Julian Beard participated in the discussion of these referred items.

Actions Taken

Several items were removed from the agenda. These removals occurred either because the items had been completed or because they lacked actionable content. Other items on the list were deferred to allow for further coordination among relevant parties.

Outcome

The overall outcome for this agenda item was deferred, meaning the committee postponed final action on the referred items pending additional work and coordination.