Energy Scofflaws May Not Be Cited

In Buena Park, police are distributing fliers to merchants, urging them to dim their lights at night. Los Angeles County sheriff’s deputies are paying friendly visits to stores illuminated with unusually large amounts of decorative lighting. But elsewhere across Southern California, officers are resisting the role of “power police.”

It’s been a week since Gov. Gray Davis’ order took effect, requiring businesses to cut power use during the energy crisis, and enforcement of the rules has gotten off to a decidedly uneven start.

Though some police departments are beginning to look for power scofflaws, others are balking at Davis’ call that authorities monitor electricity use and even issue citations to businesses that refuse to cut their power.

“It would be a nightmare to become electricity police,” said Orange Lt. Bob Green. “How do you know who to cite? You’d have to find the property owners or the business owners. You can’t just cite the janitors who are there to clean.”

The executive order--which asks businesses to reduce lighting by 50% during off hours and imposes fines of as much as $1,000 for those that don’t--took effect March 15. But some police departments, including Orange’s, say the rules are so vague and seemingly unenforceable that they need further clarification before taking action.

The goal of the order is to reduce power demand across the state. But Los Angeles Police Department spokeswoman Hayley Purece said her agency has decided not to enforce the order because the city receives its energy from DWP, which isn’t experiencing power shortages, as other utilities are.

Other officials expressed decidedly mixed emotions about asking merchants to dim their lights, noting that the law enforcement mantra for years has been that installing lights in dark areas can reduce crime and blight.

“If someone is having vandalism problems at night, they’d want to have lighting,” said John Poole, code enforcement officer for Anaheim. “Certainly some things can be considered excessive, but most of it would be subjective. . . . How do you determine if they’re using excessive lighting?”

Davis’ program aims to educate businesses on ways to conserve energy and is designed for police to issue citations only in the most egregious cases, said the governor’s spokesman, Byron Tucker.

“We don’t want to issue citations. What we want is to make sure the businesses are aware of this energy challenge and make sure they do their part to get through this period,” Tucker said.

Some departments are beginning education efforts. The Orange County Sheriff’s Department has set up a Web site explaining the rules to merchants. Buena Park officials are getting the message to the community by passing out fliers to the city’s Chamber of Commerce.

The Los Angeles County Sheriff’s Department is having deputies talk to merchants if they notice an unusually large number of decorative lights in their stores or businesses.

“Our stance is to be that of the educator to help them comply,” said Sheriff’s Deputy Ray Lam. “It’s not something that we’re going to go out with voltage meters to check it out unless it’s lighted like a Christmas tree.”

Other departments are still trying to figure out what to do--if anything.

“We’re caught in the middle because you certainly have to have this be a priority,” said Sgt. Raul Luna of the Santa Ana Police Department. “However, officers are not electricians. We don’t know which bulbs are electricity efficient and which ones are not.”

Next month Luna and another Santa Ana police official will work the night shift to drive around the city and look for “problem” areas. They plan to educate merchants when needed but won’t hand out citations.

“We can write a ticket, but the key is whether the courts will uphold the conviction,” Luna said.

But some police officials worry about the safety and crime message they are sending to merchants. Some car dealers have balked at reducing their lights for fear that could make vehicles on their lots more tempting targets for thieves.

“You can’t just turn down the signs and lights at a place like The Block” shopping mall, said Green of the Orange police. “You’re asking for auto thefts, fights, vandalism and more crime at a place that’s supposed to be safe and friendly for families. It’s a double-edged sword.”

Despite these concerns, some businesses say they are trying to do their part.

Crevier BMW in Santa Ana has its computers, copy machines and fax machines on energy saving mode--if employees don’t use them in five minutes, they automatically turn off. Seven sparkling sports cars sit in the showroom, where spotlights were dimmed by nearly 70%.

“It’s serious enough, where everyone needs to do their part,” said David Bunnell, sales manager.

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Times staff writer Richard Marosi contributed to this story.