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Think Twice Before You Light Up the Sky This 4th of July
The National Fire Protection Association reports that fireworks ignite an alarming average of 19,500 fires annually, with 59% of these categorized as brush, grass, or forest fires. These incidents have resulted in around five fatalities, 46 civilian injuries, and approximately $105 million in direct property damage.
Given this critical perspective, it is essential to note that fireworks of any kind are strictly ILLEGAL in Oakland, California, including the so-called “safe and sane” variations. If you are caught with fireworks, you could face fines as high as $1,000. In cases involving larger quantities of fireworks, fines could escalate to between $5,000 and $10,000, alongside potential jail time. It’s important to clarify that “safe and sane” fireworks consist of items that do not fly or explode.
The Oakland Police Department and the Fire Department are gearing up to enforce these regulations. For example, the Oakland Fire Department (OFD) will be actively patrolling neighborhoods on July 3rd and 4th to identify illegal firework usage locations. Their initiatives include:
- Deploying extra staff and vehicles at Lake Merritt to manage large holiday crowds on July 4th.
- Introducing two additional specialty wildland apparatus, along with extra command personnel on July 4th.
- Utilizing additional inspectors from July 3rd through 4th to monitor firework hotspots and report illegal firework activity.
Furthermore, the OFD is establishing collection barrels for residents willing to surrender their unused (and illegal) fireworks. These collection points are situated at:
- Station 1: 1603 Martin Luther King Jr. Way
- Station 3: 1445 14th Street
- Station 4: 1235 International Boulevard
- Station 5: 934 34th Street
- Station 18: 5008 Bancroft Avenue
- Station 20: 1401 98th Avenue
Robert Sapien Jr., Fire Chief of the San José Fire Department, highlighted a significant rise in illegal fireworks incidents during the previous year, stating, “This led to over 30 avoidable fireworks-related fires in San José alone. Under current drought conditions, illegal fireworks significantly threaten our community. We strongly encourage residents to follow fireworks bans and report illegal activities to support enforcement efforts.”
It’s essential to recognize that law enforcement agencies across the Bay Area are also intensifying their patrols to identify and deter any illegal firework usage. There is a coordinated effort between police and fire departments to ensure community safety against illegal fireworks.
Illegal Fireworks in California
While some California cities tolerate the use of “safe and sane” fireworks—limited to those not classified as dangerous—Oakland remains firm in its prohibition. Dangerous fireworks encompass items containing:
- Arsenic sulfide, arsenates, or arsenites
- Boron
- Chlorates, with specific exceptions, including:
- Colored smoke mixtures containing equal or greater sodium bicarbonate
- Caps and party poppers
- Small items (like ground spinners) where total powder content does not exceed 4 grams, with no more than 15% potassium, sodium, or barium chlorate.
Other disallowed ingredients include:
- Magnesium (note: magnesium-aluminum alloys, termed magnalium, are allowed)
- Mercury salts
- Phosphorus—both red and white, except red phosphorus in caps and party poppers
- Picrates or picric acid
- Thiocyanates
- Titanium, unless the particle size exceeds 100 mesh
- Zirconium
“Exempt fireworks” refer to special items containing pyrotechnic compositions approved for limited industrial, commercial, agricultural, or religious use, but solely when authorized by a valid permit from the appropriate jurisdiction.
What Is the Penalty for Illegal Fireworks in California?
California has stringent regulations against the sale, manufacture, and use of fireworks for residents lacking a valid permit. Most residents find themselves subjected to these laws:
- Possessing dangerous fireworks without a valid permit is illegal.
- It is prohibited to ignite or discharge dangerous fireworks in a manner that risks injury to others.
- Storing any fireworks without a valid permit is illegal.
- Selling, storing, or discharging fireworks within 100 feet of flammable liquids or gas storage areas is prohibited.
The penalty for possessing dangerous fireworks without a permit constitutes a misdemeanor that can result in fines between $500 and $50,000, depending on the weight of the fireworks involved. Other listed offenses are also misdemeanors with penalties of $500 to $1,000 and/or a maximum of one year in jail.
Arrested? Fight for Your Independence Today.
Ironic as it may seem, many Oakland residents find themselves losing their sense of independence on Independence Day through arrests linked to illegal fireworks usage. The seriousness with which California enforces fireworks laws reflects the state’s vulnerability to wildfires, especially under current drought conditions. Enforcement agencies are committed to preventing injuries, fatalities, property damage, and wildfires, reinforcing their zerotolerance policy towards illegal fireworks.
If you are facing charges related to illegal fireworks possession, it is crucial to secure competent legal representation. The Law Offices of Nabiel C. Ahmed, a dedicated Criminal Defense firm located in Oakland, California, is here to defend your rights. Let our experienced attorney fight for you—call us today at 510-576-5544 to get started on your case.
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