With exceptions where the Downey Municipal Code regulations are more stringent, the California Health and Safety Code Sections 12500 through 12726 is adopted as a reference for fireworks regulations.
(Added by Ord. 1224, 12-14-07; amended by Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)
For the purpose of this chapter, the most current adopted California Health and Safety Code (Sections 12500 through 12534) will define the terms used unless otherwise noted.
(Added by Ord. 1062, 3-22-99; amended by Ord. 1162, 5-25-04; Ord. 1224, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)
Fireworks shall only be discharged within the City boundaries between 3:00 p.m. and 10:00 p.m. on July Fourth. Only fireworks approved as “Safe and Sane” by the State Fire Marshal will be allowed to be discharged without a permit issued by the Fire Chief. It shall be unlawful to discharge fireworks at any other time or date of the year.
Exception: Displays presented by licenses pyrotechnic operators with appropriate permits issued by the Fire Department.
(Added by Ord. 1062, 3-22-99; amended by Ord. 1101, 8-22-01; Ord. 1162, 5-25-04; Ord. 1224, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)
The discharge of “Safe and Sane” fireworks shall be in the presence of a responsible adult (minimum age of 18). Possession of any fireworks by anyone under the age of 18 is a violation of this Code. The transfer or sale of fireworks from unlicensed individuals is strictly prohibited.
(Added by Ord. 1062, 3-22-99; amended by Ord. 1162, 5-25-04; Ord. 1224, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)
A. 
Anyone found in possession or to be discharging fireworks deemed dangerous as defined in Section 12505 of the California Health and Safety Code shall be in violation of this Code.
B. 
Anyone found is possession or discharging altered “Safe and Sane” fireworks, as defined in Section 12529 of the California Health and Safety Code, in a manner contrary to their intended use within the City shall be in violation of this Code.
C. 
Any fireworks found in either Subsection (a) or (b) above will be confiscated and properly disposed of by the Fire Department with the appropriate charges being borne by the violator.
(Added by Ord. 1062, 3-23-99; amended by Ord. 1137, 11-26-02; Ord. 1162, 5-25-04; Ord. 1224, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)
No person shall discharge any fireworks upon any City property or public right-of-way without the approval of the Fire Chief.
(Added by Ord. 1137, 11-26-02; amended by Ord. 1162, 5-25-04; Ord. 1224, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)
Except as hereinafter provided, it shall be unlawful for any person to store any fireworks or to offer for sale, display for sale, or sell at retail any fireworks within the City without a valid permit.
(Added by Ord. 543, 5-23-78; amended by Ord. 1062, 3-23-99; Ord. 1162, 5-25-04; Ord. 1224, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)
(Added by Ord. 543, 5-23-78; amended by Ord. 1162, 5-25-04; repealed by Ord. 1224, 12-14-07)
Applications for sales permits and award of such permits shall be governed by the provisions of a resolution for such purpose to be adopted by the City Council and shall further be subject to other provisions of the Fire Code as amended.
(Added by Ord. 543, 5-23-78; amended by Ord. 581, 2-13-79; Ord. 589, 4-24-79; by Ord. 787, 3-02-85; Ord. 1062, 3-23-99; Ord. 1162, 5-25-04; Ord. 1224, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)
The following qualifications shall be met each year by each applicant for a sales permit for fireworks:
A. 
Permits may be issued to any nonprofit association or corporation organized primarily for veteran, patriotic, welfare, religious, civic betterment, or charitable purposes which has been issued a tax-exempt certificate as required under the Revenue and Taxation Code of the State or a group which is an integral part of a recognized national organization having such a tax-exempt status.
B. 
Each such organization shall have its principal and permanent meeting place in the City, shall have been organized and established in the City for a minimum of two years continuously preceding the filing of the application for the permit, and shall have a bona fide membership of at least 25 members.
C. 
No City employee organization may be granted such permit.
D. 
Completed applications for fireworks sales will be submitted to the Fire Department no later than October 1st of the year preceding the July 4th holiday to which the sales are to occur.
E. 
A financial statement signed by the treasurer or financial officer of the applicant setting forth the total gross receipts from each stand from which fireworks were sold, all expenses incurred and paid in connection with the purchase of fireworks and the sale thereof, and to whom and for what purpose the net proceeds were disbursed, along with the most recent report filed by the applicant to the State Board of Equalization, shall be filed with the Fire Department as part of the fireworks sale stand permit application package by no later than October 1st of the year preceding the July 4th holiday to which the sales are to occur. Such statements shall be made on forms furnished by the Director of Finance.
F. 
The filing of such financial statement shall be a condition precedent to the granting of any subsequent permit to any such permittee.
G. 
Organizations licensed to sell fireworks shall obtain a temporary sales permit for the City from the regional office of the State Board of Equalization.
(Added by Ord. 543, 5-23-78; amended by Ord. 581, 2-13-79; Ord. 1062, 3-23-99; Ord. 1137, 11-26-02; Ord. 1162, 5-25-04; Ord. 1224, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)
A. 
No one organization may receive more than one permit for fireworks sales during any one calendar year. This limitation shall not apply to groups which have separate charters from parent organizations. The maximum number of permits which may be issued pursuant to this chapter during any one calendar year shall not exceed 18.
B. 
Each year a lottery drawing will be performed on the first Wednesday of November to select the fireworks stand permittees from the group of permit applications. Permit applicants must be present at the time and place of the lottery drawing. All qualified groups will have an equal opportunity. Failure of applicant(s) to attend the lottery meeting will result in the denial of their sales permit application.
C. 
Previous applicants found in violation of the Downey Fire Code or any fireworks related code provisions will not be eligible for a firework sales permit the following year.
(Added by Ord. 1137, 11-26-02; amended by Ord. 1162, 5-25-04; Ord. 1224, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)
Prior to the installation of any stand for which a permit has been requested, the Chief of Police shall have the authority to disapprove the location if, in his opinion, a traffic hazard will be created; the Fire Chief shall have the authority to disapprove the location if, in his or her opinion, a fire hazard will be created; and the City Planner shall have the authority to disapprove the location if it is in conflict with the zoning provisions of this Code.
A. 
A minimum distance of 500 feet shall be required between stands. No more than two stands shall be permitted on any single parcel of property, with a separation of 500 feet. Such distance requirements may be waived if the stands are located on opposite sides of major arterial highways.
(Added by Ord. 543, 5-23-78; amended by Ord. 1062, 3-23-99; Ord. 1162, 5-25-04; Ord. 1224, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)
It shall be unlawful for any person or group to operate a fireworks stand without complying with all of the following:
A. 
No person other than the permittee organization shall operate the stand for which the permit is issued or share or otherwise participate in the profits of the operation of such stand.
B. 
No person other than the individuals who are adult members of the permittee organization, or the spouses or adult children of such members, shall sell or otherwise participate in the sale of fireworks at such stands. In the event a permit is issued to an organization whose members are physically incapable of carrying on the sales activities, such activities may be performed by volunteers approved by the Fire Chief.
C. 
No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at such stands, except the hiring of a night watchman.
D. 
Fireworks may be sold at approved stands only.
E. 
No person shall be allowed in the interior of the stands, except those directly employed in the sales of fireworks or those conducting bona fide business within.
F. 
All persons engaged in the selling of fireworks shall be age 18 years or older.
G. 
Each stand shall have an adult watchman in attendance and in charge thereof when the stand is not being used for the sale and dispensing of fireworks. No person shall be permitted within the stand from 10:00 p.m. to 10:00 a.m., except on July 4 when the stand may be occupied until 12:00 midnight.
H. 
The sale of fireworks shall only be allowed between the hours of 12:00 noon and 10:00 p.m. on July 1st and July 2nd, 10:00 a.m. and 10:00 p.m. on July 3rd, and 8:00 a.m. and 8:00 p.m. on July 4th.
I. 
All unsold stock and accompanying litter shall be removed from the location by 5:00 p.m. on July 5th.
J. 
No fireworks shall be sold to any person under the age of 18 years.
K. 
No unsold stock may be relocated to, stored, or otherwise kept at a place of habitation.
(Added by Ord. 543, 5-23-78; amended by Ord. 581, 2-13-79; Ord. 1062, 3-23-99; Ord. 1101, 8-22-01; Ord. 1162, 5-25-04; Ord. 1224, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)
It shall be unlawful for any person to sell or otherwise distribute fireworks without complying with all of the following provisions:
A. 
All stands will be inspected by the Fire Department and/or the Building Department and found to meet the adopted Codes of the City of Downey before any sales transactions may occur.
B. 
All stands shall be erected according to the provisions of all applicable City Codes and laws, except for fire resistive structural requirements which may be waived by the Building Official.
C. 
If, in the judgment of the Fire Chief or the Building Official, the construction of the stands or the conduct of the operations therein do not conform to the provisions of this chapter or there exists an immediate hazard to the public health and safety, such officers, or either of them, may order the stands immediately closed.
D. 
The front of the fireworks stands shall be completely enclosed from the counter to the roof with hardware wire cloth, the openings of which shall not exceed one-fourth inch in size, except for openings to permit the delivery of merchandise to the prospective customer, which openings shall not be larger than 12 inches by 18 inches in size.
E. 
All merchandise shall be stored or displayed at a distance of not less than one foot from the front and side walls of the stands.
F. 
Approval shall be obtained from the Department of Building and Safety for each stand prior to its construction. Portable electrical supply will require special approvals.
G. 
No stand shall be constructed which has a depth of more than 12 feet.
H. 
Each stand up to 30 feet in length shall have at least two exits, and each stand in excess of 30 feet in length shall have at least three exits spaced approximately equidistant apart; provided, however, in no case shall the distance between exits exceed 24 feet.
I. 
Exit doors shall swing in the direction of egress.
J. 
Exits shall be so arranged that there will be egress available in at least two directions from any place within the stands, and exits shall be located at opposite ends of the stands.
K. 
All stands shall be equipped with two water pressure type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case of fire.
L. 
No stand shall be placed closer than 10 feet to a public way, unless permission is first obtained from the Public Works Department.
M. 
No stand shall be placed closer than 20 feet to a side or rear property line, nor closer than 30 feet to any other building or structure, nor closer than 100 feet to a gasoline service station or other occupancy which stores or uses flammable liquids.
N. 
All weeds and combustible material shall be cleared from the location of the stand for a distance of at least 20 feet surrounding the stand.
O. 
Fireworks stands shall not be erected prior to June 24th and shall be removed from the location by 12:00 noon on July 11th, and all accompanying litter shall be cleared from such location by such time and date.
P. 
“No smoking” signs shall be prominently displayed on the exterior or each stand, and no smoking shall be permitted within 10 feet of any stand.
Q. 
Licenses to sell fireworks and temporary sales tax permits shall be displayed in a prominent place in the fireworks stand.
R. 
Approved rubbish containers in accordance with City standards shall be provided at each stand location.
(Added by Ord. 543, 5-23-78; amended by Ord. 581, 2-13-79; Ord. 1062, 3-23-99; Ord. 1162, 5-25-04; Ord. 1224 § 5, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)
Storage of explosive materials is prohibited within the limits established in this section, as the limits of districts in which such storage is prohibited. In districts where the storage of explosive materials is permitted the quantities of explosives and distances shall be in accordance with 2021 International Fire Code Sections 5601.8.1 and 5601.8.1.1.
The storage of explosives and blasting agents is prohibited in the following areas: In zones as shown on City of Downey house numbering maps as C-1, C-2, C-3, CP, HM, R-1, R-2 and R-3.
(Added by Ord. 753, 6-12-84; repealed and amended by Ord. 893, 8-08-89; Ord. 1009, 12-12-95; Ord. 1162, 5-25-04; Ord. 1224 § 5, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)