Except as otherwise provided in this chapter, no person shall possess, sell, transport, use, display or discharge any rocket, firecracker, Roman candle, squib, torpedo, torpedo cane, fire balloon, wire core sparkler, wooden core sparkler, black cartridge, skyrockets, chasers, or other combustible device or explosive substance, or any kind of fireworks, by whatsoever name known, within the City. The prohibition set forth in this section includes, without limitation, those fireworks classified as "dangerous fireworks" in the State Fireworks Law, Health and Safety Code Section 12500 et seq. Violation of this prohibition is subject to penalty including, but not limited to, citation as described herein, infraction, misdemeanor, fine, and civil and criminal liability.
(Ord. 2025-08, Repealed and Replaced, 06/03/2025)
A. 
Safe and Sane Fireworks. It shall not be unlawful to possess, sell, transport, use, display, or discharge within the City those fireworks as are defined and classified as "safe and sane" fireworks in Health and Safety Code Section 12500 et seq., during the period beginning at twelve noon on the twenty-eighth day of June and ending at eleven p.m. on the fifth day of July each year. Safe and sane fireworks may only be used between the hours of twelve noon on the twenty-eighth day of June and eleven p.m. on the fifth day of July. Possession, sale, transport, use, display, or discharge of safe and sane fireworks outside of the permitted time frame will constitute a violation of this chapter. Notwithstanding the foregoing, it shall be unlawful to use any safe and sane fireworks when a red flag warning has been issued by the National Weather Service.
B. 
Construction Use. It shall not be unlawful to possess, use, display, or discharge fireworks in the City so long as (1) the explosives are manufactured for and intended to be used for exclusively construction purposes, and (2) a permit to do so has been issued by the City Manager, or designee, in advance of bringing them into the City.
(Ord. 2025-08, Repealed and Replaced, 06/03/2025)
A. 
Sale of "Safe and Sane" Fireworks. The sale of "safe and sane" fireworks is permitted in the City so long as in conformance with this section and subject to the State Fireworks Law, Health and Safety Code Section 12500 et seq.; all State Fire Marshal regulations pertaining to fireworks, Title 19 California Code of Regulations, Chapter 6; the City Municipal Code; and any other laws, regulations, or orders in place at the time of sale. Sale, or offer to sell, "safe and sane" fireworks in violation of this section, or any other fireworks under any circumstances, is subject to penalty including, but not limited to, citation as described in this chapter, fine, and civil and criminal liability.
1. 
Timing. "Safe and sane" fireworks, as defined in Section 12529 of the Health and Safety Code, may be sold within the City during the period beginning at twelve noon on the twenty-eighth day of June and ending at eleven p.m. the fourth day of July each year.
2. 
Each and every package or carton and every individual item of unpackaged "safe and sane" fireworks that is offered for sale at retail shall bear the State Fire Marshal's seal of registration and the license or registration number of the registrant.
B. 
State License to Sell Fireworks Required. No person shall sell or offer to sell fireworks within the City, either at wholesale or retail, without first obtaining a license to do so from the State Fire Marshal.
C. 
City Permit to Sell Fireworks Required. No person shall sell fireworks within the City, either at wholesale or retail, without securing a permit from the City. The permit shall be posted in a conspicuous place at the place of sale, and shall be immediately available upon request. Each applicant for a permit shall file a written application with the City showing at least the following information:
1. 
Name, address and telephone of applicant(s);
2. 
Facts establishing the applicant's status as a qualified organization under the provisions of this chapter;
3. 
Names and addresses of the officers of the applicant;
4. 
Proof of insurance as required by this chapter; and
5. 
Location where the applicant proposes to sell fireworks.
D. 
Permit Fee. The fee for each permit issued under the provisions of this chapter shall be in accordance with the current City fee resolution.
E. 
Permit Issuance and Revocation. The City Manager, or designee, shall review each permit application for conformity with this chapter and either issue a permit or deny it in writing with explanation. A permit holder, and its agents, shall at all times be aware of and comply with the State Fireworks Law, Health and Safety Code Section 12500 et seq., State Fire Marshal regulations pertaining to fireworks, Title 19 California Code of Regulations, Chapter 6, the requirements of this chapter and the City Municipal Code, any conditions in the permit issued by the City, and any other laws, regulations, or orders in place at the time of sale. Violation of any such provision shall constitute a material breach of the conditions of the permit and sufficient cause for the immediate revocation of said permit as well as grounds to deny any subsequent application for a future permit.
F. 
Liability Insurance Required. Each applicant for a permit to sell fireworks pursuant to this chapter shall have, and provide sufficient evidence to the City of, prior to the issuance of any permit, (1) a policy of public and product liability insurance with coverage of at least one million dollars ($1,000,000.00) per incident and (2) a policy of property damage insurance with coverage of at least fifty thousand dollars ($50,000.00), or a certificate showing such amounts of insurance, and naming the City on both policies as an additional insured for the period the permit is in effect.
G. 
Requirements for Place of Sale of Fireworks. Sale of "safe and sane" fireworks pursuant to this chapter shall be permitted only from within a temporary stand. Sale from any other building or structure is prohibited. Temporary stands shall be subject to the following provisions:
1. 
It is unlawful to sell fireworks to anyone under the age of eighteen (18) years of age.
2. 
No stand shall be located within twenty-five (25) feet of any other building, nor within one hundred (100) feet of a location where gasoline or any other flammable liquids are stored or dispensed.
3. 
No stand shall have a floor area in excess of seven hundred fifty (750) square feet. The stand shall be constructed in a manner which is safe for staff, attendants, patrons, and all passersby. A stand smaller than twenty (20) feet in length need only have one (1) exit. A stand twenty (20) feet in length or longer shall have at least two (2) exits at least twenty (20) feet apart, like on opposite ends of the stand.
4. 
Each stand shall have two (2) two-and-one-half (2.5) gallon water fire extinguishers in good working order and accessible for use at all times in case of fire.
5. 
All vegetation, trash, weeds, items, and combustible materials shall be cleared from the location of the stand for a distance of at least thirty (30) feet in radius from the stand.
6. 
"NO SMOKING"
signs shall be posted on the stand with at least one (1) per side.
7. 
Each stand shall have at least one (1) adult eighteen (18) years of age or older in attendance and in charge thereof when the stand is being used for the sale or dispensing of fireworks. No person under the age of eighteen (18) shall be permitted within any fireworks stand at any time.
8. 
All unsold fireworks stock, trash and litter, signage, and other items associated with the business shall be removed from the stand by twelve noon on the sixth of July.
9. 
The stand shall be removed from the temporary location by twelve noon on the twelfth of July.
(Ord. 2025-08, Repealed and Replaced, 06/03/2025)
A. 
The following terms shall be defined as follows for the purposes of this section:
1. 
"Host"
means all of the following:
a. 
An owner of any private residential or nonresidential real property in the City; or
b. 
A person who has the right to use, possess, or occupy public or private property under a lease, permit, license, rental agreement, or contract; or
c. 
A person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on public or private property.
2. 
"Minor"
means any person under eighteen (18) years of age.
3. 
"Strictly liable"
in this section shall mean liability for a wrongful act regardless of a person's intent, knowledge, negligence, or lack thereof in committing the wrongful act.
B. 
A host shall not permit a violation of this chapter at their property or gathering. Any host shall be strictly liable for any unlawful possession, ignition, explosion, discharge, use, or display of any fireworks in violation of this chapter on their property or at their gathering. More than one host may be liable for a single violation of this chapter. However, no person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract shall be liable for a violation of this chapter occurring in the common area of the property unless the person hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering at which the violation occurs.
C. 
Any person having the care, custody, or control of a minor, whether temporary or permanent, shall not permit the minor to violate this chapter and shall be strictly liable for any unlawful possession, ignition, explosion, discharge, use, or display of fireworks by the minor in violation of this chapter.
D. 
Except as provided in subsection E of this section, no host shall permit or allow another person on private property, or at a gathering on public property, where the host knows or reasonably should know that the person is engaged in an act in violation of this chapter.
E. 
This section shall not apply to:
1. 
Conduct involving possession, ignition, explosion, discharge, use, or display of fireworks as permitted under Federal or State law; or
2. 
A host who initiates contact with law enforcement or fire officials to assist in removing any person from the property or gathering in order to comply with this chapter, if the request for assistance is made before any other person contacts law enforcement or fire officials to complain about the violation of this chapter.
3. 
Violation of this section is subject to penalty including, but not limited to, citation as described in this chapter, fine, and civil and criminal liability.
(Ord. 2025-08, Repealed and Replaced, 06/03/2025)
A. 
The City Manager, or designee, City code enforcement officers, City police officers, and other City officers designated by the City Manager shall have the authority to enforce the provisions of this chapter, at their sole discretion.
B. 
Any violation of this chapter shall be grounds for civil citation and fine of one thousand dollars ($1,000.00) per violation. Each individual firework device possessed, ignited, exploded, discharged, used, or displayed constitutes a violation of this chapter and, therefore, subject to a one thousand dollar ($1,000.00) fine for each device. A host shall be strictly liable for each individual firework device on their property or at their gathering and, therefore, subject to one thousand dollar ($1,000.00) fine for each device. A person in care, custody, or control of a minor shall be strictly liable for each individual violation by the minor and, therefore, subject to one thousand dollar ($1,000.00) fine for each violation. Multiple persons may be cited and fined for a single device.
C. 
The citing officer is authorized to confiscate and destroy any and all fireworks, including safe and sane fireworks, in apparent violation of this chapter.
(Ord. 2025-08, Repealed and Replaced, 06/03/2025)