MEMORANDUM

July 7, 2005

To:       Mike Wildgen, City Manager

From:  W. Ronald Olin, Chief of Police

Ref.:    Fireworks 2005

            The Lawrence Police Department answered 313 calls concerning fireworks during the period July 1 to July 5, 2005.  From July 3 until July 5 we answered 272 calls for fireworks, 184 of which were on July 4.  A review of last year’s calls for service indicates that 326 calls concerning fireworks were received July 3 to 5, 2004.  This year’s fireworks complaints diminished by 16%.

            The enforcement strategy for this year involved moving beyond warnings and informational citizen contacts to seizures, reports, and some notices to appear.  A brief explanation of these efforts may assist understanding the unique pressures associated with enforcement of the fireworks ordinance.

            Unchecked, a response to fireworks complaints in the City of Lawrence could consume 100% of the resources of the Lawrence Police Department.  The ordinance is unpopular with many citizens and fireworks are readily available in Douglas County.  As a result of these conditions, the department has consistently divided its limited resources so that a number of officers are assigned exclusively to fireworks while the rest may remain on call for routine police activity.

            This year the enforcement actions were accelerated.  This had positive and negative implications.  On the positive side the ordinance was more strictly enforced.  The negative impact of stricter enforcement is a significantly increased amount of time necessary to process a complaint.  The protocol this year was to: 1) contact the offender, 2) seize the fireworks, 3) decide on enforcement actions, 4) photograph the fireworks, 5) prepare the seizure documents (so that no one accuses the officer of keeping the fireworks), 6) prepare the report and arrest documents, if any, 7) dispose of the fireworks, and 8) return to patrol. 

            This year we devoted four patrol vehicles each staffed with a police officer and firefighter to answer fireworks complaints.  In comparison, our routine staffing level for the department is 10 patrol districts available for calls for service in the City.  Eight off-duty personnel were paid overtime to assist with the fireworks display and crowd control in Burcham and Constant Parks, and on the levee.  This enforcement configuration committed as many resources to fireworks response activities as were available for the regular police response.  During the evening (3 p.m. to 11 p.m.) of July 4, 2005, officers also responded to two shootings, two missing persons, a reported kidnapping, three fights, four traffic accidents and 75 other miscellaneous calls for service.  The complaints concerning fireworks were handled in the order they were received.  Even with this commitment of resources during the evening shift 39 complaints were holding and were passed from the evening personnel to midnight shift for follow-up investigation. 

            In 2005, 51 enforcement actions were taken.  One enforcement difficulty that should be noted is that most of the offenders continue to be children.  A Notice to Appear cannot always be given to a juvenile.  In fact, a juvenile fireworks offender must be arrested, taken to the Juvenile Detention Center, an affidavit prepared, evidence collected, evidence processed, and a full offense report written for each enforcement action.  This would require our contacts to last approximately one per hour, even longer than the process we used this year for seizures and notices to appear.  A large number of our contacts were reported to be with citizens from other cities who were visiting and ignorant of our fireworks ordinance.  Several repeated complaints were received on persons using the varieties of fireworks still legal in the City.

            The Lawrence Police Department uses its resources in the most efficient and effective matter possible.  As noted in my 2004 memorandum concerning this ordinance, enforcement of this ordinance, as many others, is very difficult without the voluntary compliance of our citizenry.

            If I may provide additional information, please let me know.

                                                                                    W. Ronald Olin

                                                                                    Chief of Police