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Council upholds second fireworks citation after hearing and video evidence; appellant disputes evidence
Summary
After a public appeals hearing with aerial footage and deputy testimony, Riverbank City Council voted 3–1 (Mayor Hernandez abstained) to uphold a second fireworks citation for a July 4 incident at 5660 Rosebrook Drive; the appellant argued the evidence was circumstantial and provided neighbor statements in her defense.
The Riverbank City Council on Oct. 14 upheld an administrative citation for the discharge of illegal aerial fireworks at 5660 Rosebrook Drive after hearing sworn testimony and reviewing aerial and cell‑phone video evidence.
Police sergeants and deputies described helicopter and ground observations of aerial fireworks on July 4. Deputy Ruben Nunez testified he observed aerial fireworks originating behind the residence and recorded the last portion of the event, including smoke coming from the backyard, and said the footage was reviewed to verify the address before a citation was issued.
Rosie Hernandez, the appellant and homeowner, told the council she and her family accepted responsibility for an earlier citation and paid the $1,000 fine but disputed the second citation issued an hour later. Hernandez provided signed neighbor statements saying the family was gathered in the front yard during the later time stamp and argued the evidence was based on assumptions. "There is no viable proof that it was my backyard," she said, urging council to dismiss the second citation.
Council members discussed the footage and testimony; staff confirmed the appeal process allowed either dismissal or upholding of the citation but not modification of the penalty amount. Council member motioned to uphold the citation. On roll call the motion passed 3–1, with Mayor Hernandez recorded as abstaining. If upheld, Hernandez will be required to pay the remaining balance (a $500 deposit had been paid) within 10 days.
The hearing was adjudicative: the council served as the decision body after sworn testimony and evidence presentation. The council’s action upholds the administrative enforcement previously issued by code enforcement and police services.
