A fireworks stand sits empty off of First Street, across from Gavilan Hills Memorial Park. Thanks to a council decision Tuesday night - fueled in part by the vocal outpouring of about 70 residents - the booth will not sit empty long and the sale of fireworks will begin July 1 as planned.
More than 70 residents showed up at City Hall tonight to protest the prohibition of all fireworks, and they won, leaving Gilroy the only city in the county to permit the classic Independence Day pastime.
In front of four TV news cameras and a clap-happy group of firework patrons and vendors, the council voted 5-1 during a special session to continue allowing community groups to sell so-called safe and sane fire works. Councilman Peter Arellano supported the ban, and Mayor Al Pinheiro was absent.
The decision came despite the recent threat posed by the Hummingbird and Whitehurst fires and tinder-box conditions still surrounding Gilroy. The council decided that banning fireworks would primarily target nonprofit community groups and responsible families who enjoy sparklers, not the typical source of past Fourth of July-related fires: high-flying explosives such as bottle rockets, M-80s and Roman candles, which Gilroy already outlaws, according to Gilroy Fire Department Chief Dale Foster.
"We can't create an ordinance to outlaw lightning - it happens," said Councilman Dion Bracco, referring to the cause of the weekend fires. "Nonprofits making money would never come before our public safety, but I have not seen anything different this year."
The audience muttered "yeahs" and nodded their heads at Bracco's comments and also did so for four of the 16 nonprofit vendors who took the podium to caution the council against a devastating and untimely blow to their fund-raising efforts just a week away.
"I understand the fire chief's concerns (about the drought and recent fires), but (Foster) has also pointed out that none of the fires started by fireworks in the past were by vendors or customers," said Rick Mello, whose First Street booth almost entirely supports Stick & Move Amateur Boxing's equipment and transportation costs. "I think you ought to reconsider. Any questions?"
The audience laughed and cheered before Ed Jensen - father of quarterback Jamie Jensen - stood up on behalf of the Gilroy High School Quarterback Club to echo Mello's sentiments. The club typically raises about $15,000 to $20,000 in the days before the Fourth of July to pay for camps, pads, helmet repairs, clinics and just about almost everything else, Jensen said.
"Making this decision tonight would have huge impact," Jensen said. "That money is spent before we get it."
Gilroy's safe fireworks wholesaler for the past 30 years, Gene Della Maggiote, even showed up tonight to tell the council that the pyrotechnic goodies are family oriented and that all the vendors emphasize safe handling and city-enforced consequences via the multiple flyers customers receive with their purchases.
The city also earns money from a fireworks booth, which is dedicated to the Community Services Adaptive Recreation program and raises about $9,000 a year to sponsor events for mentally and physically handicapped people, according to Sandra Sammut, the city's recreation supervisor. In addition, the city takes in thousands through a 7 percent earnings fee charged to all vendors.
Although council members said they received dozens of e-mails supporting to ban, nobody stood up to advocate it except Councilman Peter Arellano.
"This is not a knee-jerk reaction. I know for a fact that a lot of the programs depend a lot on the sales of fireworks, but this is unprecedented, the number of fires throughout state," said Arellano, a physician who introduced the ban Sunday night after watching the blazes and hearing from patients suffering from breathing ailments. "I know these fires were not started by fireworks, but my point is this is an extraordinary time we're in. We're in a drought ... Why add to that risk?"
An illegal firework landed on the roof and nearly burned down the El Toro Way home of Jess and Dolores Perez July 4, 2003. This is part of the reason Burchell Road resident Ken Pauley supported the ban in an e-mail.
"Yes, the firework (booths) bring help to nonprofits, but is this worth the possible disaster that could come from the use of fireworks? I'm sure the nonprofits would find alternative sources for this revenue," wrote Pauley, who lives near dry, crispy grass and combustible manzanita bushes. "Please, be proactive on this topic, ban the sales of fireworks before a major disaster occurs. It simply is not worth the risk to property and lives."
Yet Bracco and others pointed out that even safe and sane fireworks are not allowed in hazardous fire areas in west Gilroy, including lands west of Santa Teresa Boulevard along Hecker Pass Highway, off Mantelli Drive, west of Rancho Hills Drive and in Eagle Ridge.
It's simply not the role of the government, Councilman Craig Gartman said.
"I don't believe it's the governments purpose to control the actions of the citizens, but to provide safety and protection," Gartman said. "If a small group of people are doing something illegal, why should we punish eveyone because of their actions?"
Keeping the fireworks around is as simple a decision as allow "baseball and apple pie," said Councilwoman Cat Tucker.
Mayor Pro Tem Bob Dillon called the special meeting Monday, and enacting the emergency ordinance would have required five out of seven votes, according to the city charter. Pinheiro is in the Azores and was informed of the meeting but declined to participate, Dillon said. His decision was based on the fact that the logistics of complying with California's open government laws were too cumbersome, said City Clerk Shawna Freels. He would have had to post agenda notices in a public place somewhere in the Portuguese archipelago 24 hours before the meeting in Gilroy, which occurred at 2:30 a.m. his time.
Last year on July 4 police and firefighters issued 42 illegal fireworks citations - seven of which it later reversed. Residents are charged $250 for the first offense, $500 for the second and $750 for the third. Police also arrested 18 people last year for illegal fireworks possession, a misdemeanor that requires officers to prove exactly who owns the explosives. So far nobody has been cited or arrested this year, Foster said. In preparation for the event, police will add 12 patrol officers and the fire department will add eight firefighters, two investigators and three chief officers
Fourth of July by the numbers
2000 - Two vegetation fires due to unknown fireworks
2001 - Two structure fires and one grass fire due to unknown fireworks
2002 - One structure fire and one grass fire due to unknown fireworks
2003 - One major structure fire due to illegal fireworks, one major structure fire due to misuse of legal fireworks and one grass fire due to illegal fireworks
2004 - One minor structure fire due to illegal fireworks
2005 - One vegetation fire due to illegal fireworks
2006 - Two grass fires due to illegal fireworks and one trash can fire due to misuse of legal fireworks
2007 - One grass fire and one tree fire due to unknown fireworks, two trash can fires due to misuse of legal fireworks
Source: Dale Foster, Gilroy Fire Department Chief
Chris Bone Chris Bone covers Gilroy government for South Valley Newspapers. Reach him at 847-7109 or e-mail him.
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