Atascadero Municipal Code Ch. 8 Fireworks Social Host Liability

"Dangerous fireworks"

shall have the same meaning as that term is defined under California Health and Safety Code Section 12505.

"Department"

means the Police Department or other department designated by the City Manager to administer this chapter.

"Enforcement Officer"

means any City employee, agent of the City, or law enforcement officer with the authority to enforce any provision of this code, including, but not limited to, employees of the Fire Department, Police Department, and Community Development Department.

"Fireworks"

means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment. The term "fireworks," includes, but is not limited to, devices designated by the manufacturer as fireworks, firecrackers, torpedoes, skyrockets, roman candles, rockets, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits. The term "fireworks" shall also include both "dangerous fireworks" and "safe and sane fireworks."

"Response costs"

means those reasonable and necessary costs directly incurred by the Enforcement Officer for a response to a violation of this chapter, and include the cost of providing law enforcement, firefighting, and/or other emergency services at the scene of the violation, including, without limitation, the following:

(1)

Salaries and benefits of the Enforcement Officer for the time spent responding to, remaining at, or otherwise dealing with the violation, and the administrative costs attributable to the response(s); and

(2)

The cost of any medical treatment to or for any Enforcement Officer injured responding to, remaining at, or leaving the scene of the violation; and

(3)

The cost of repairing any equipment used by the Enforcement Officer or damage to City property, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of the violation; and

(4)

The costs of disposal of any fireworks seized in accordance with this chapter.

"Safe and sane fireworks"

shall have the same meaning as that term is defined under California Health and Safety Code Section 12529.

"Social host"

means:

(1)

Any owner of private property as listed on the most recent assessment roll; and/or

(2)

Any person who has the right to use, possess or occupy public or private property under a lease, permit, license, rental agreement, or contract; and/or

(3)

Any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on public or private property.

"Spectator"

means any person present during a fireworks discharge for the purpose of viewing, observing, watching, or witnessing the event. A person is "present" during a fireworks discharge if that person is within 200 feet of the location of the fireworks discharge. Peace officers or their agents, or City employees designated to enforce the provisions of this Code, who are acting in the course of their official duties, are not considered "spectators."

"Strictly liable"

means liability for a wrongful act regardless of such person's intent, knowledge, negligence, or lack thereof in committing the wrongful act.

(Ord. 690, 12/9/2025)

(a) Except as may be permitted by State law, no social host shall use, or permit or fail to prevent the possession, sale, use, display, explosion, or discharge of any fireworks on the social host's property, or an immediately adjacent public or private street or sidewalk.

(b) A social host who permits or fails to prevent any use or discharge of fireworks on a property under their possession or control, or on an adjacent public or private street or sidewalk, shall be deemed to have constructive knowledge that fireworks have been used or discharged if the social host has not taken all reasonable steps to prevent the lighting or discharge of fireworks.

(c) It is the duty of any social host to take all reasonable steps to prevent the use or discharge of fireworks on the social host's property, or on an immediately adjacent public or private street or sidewalk.

(d) Any social host shall be strictly liable for any violation of this chapter occurring at the social host's property.

(e) Any person having the care, custody, or control of any minor who violates this chapter shall be strictly liable for the minor's violation of this chapter. The person having the care, custody, or control of any minor who violates this chapter need not be present when the minor violates the chapter to be held strictly liable for the violation.

(f) It shall be unlawful for any person to be knowingly present as a spectator during an unauthorized fireworks discharge in violation of this chapter.

(g) 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 violations of this chapter occurring in the common areas of the property unless the person is a social host as defined by this chapter.

(Ord. 690, 12/9/2025)

(a) Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter is deemed guilty of a misdemeanor and a public nuisance. Any person convicted of a misdemeanor under the provisions of this chapter shall be subject to punishment by a fine, or by imprisonment in the county jail for a period not exceeding six months, or by both fine and imprisonment.

(b) In addition to potential criminal penalties, any person that violates the provisions of this chapter may be subject to civil actions, administrative fines, and enforcement action pursuant to the Municipal Code.

(c) A violation of this chapter shall be subject to an administrative fine of $1,000 per violation, to a maximum of $10,000 per calendar day.

(d) Nonexclusivity of Penalties. The penalties set forth herein are not intended to be exclusive of other penalties and remedies and are intended to be in addition to any other remedies provided in this code or any other law, statute, ordinance or regulation, including, without limitation, the California Health and Safety Code or California Penal Code with regard to the sale, use, possession, delivery, storage, and/or transportation of fireworks.

(Ord. 690, 12/9/2025)

Any person violating the provisions of this chapter shall be deemed guilty of a separate offense for each violation that is committed, continued, or permitted by that person, and shall be punishable accordingly. Each and every unpermitted firework discharge shall constitute a separate offense.

(Ord. 690, 12/9/2025)

In addition to any fines or penalties which may otherwise be levied by the City pursuant to this chapter, the City shall be entitled to recover from any person found to be in violation of any provision of this chapter, the City's full response costs.

(Ord. 690, 12/9/2025)

The Enforcement Officer may seize, take, remove or cause to be removed, at the expense of the violator, all stocks of fireworks offered or exposed for sale, stored or held in violation of this chapter when such violation creates an imminent threat to public health or safety.

(Ord. 690, 12/9/2025)

Upon the determination by the Enforcement Officer that a violation occurred, a notice of violation and fine may be prepared, with copies thereof to be served as provided by Section 4-8.11. The notice of violation and fine shall include the following information:

(a) The date and approximate time the violations occurred, and a legal description and street address, assessor's parcel number, or other description sufficient to identify the premises affected.

(b) A description of the conditions causing the violation(s). The description shall specify the number of violation(s) observed.

(c) The code sections that were violated.

(d) The amount of fines being imposed for each violation.

(e) The amount of response costs being imposed for each violation.

(f) A statement that the fine shall be paid directly to the department that is responsible for administering the code section(s) violated within 20 days from the service of the notice of violation and fine.

(g) An explanation that the notice of violation and fine may be appealed by submitting an appeal within 15 days of service of the notice to the department. The explanation shall clearly detail the process for submitting an appeal, including the need to pay the fine amount in advance. An appeal shall be conducted in accordance with Section 4-8.09.

(h) The name and signature of the Enforcement Officer.

(Ord. 690, 12/9/2025)

(a) An appeal shall be filed in writing with the Department not later than the 15th day following the service of the notice of violation and fine. Failure to submit an appeal within this time period shall result in a waiver of the right to appeal.

(b) An appeal may contest that there was a violation or that the appellant is the responsible person. An appeal shall use the form provided by the department and may include any other supporting materials the appellant wishes to furnish.

(c) The appeal shall be submitted with an advanced deposit of the fine amount identified in the notice of violation and fine.

(Ord. 690, 12/9/2025)

(a) The appeal shall be heard by a Hearing Officer designated by the City Manager.

(b) The Hearing Officer shall conduct the hearing as follows:

(1) The Hearing Officer will hear sworn testimony and consider other evidence concerning the violation(s).

(2) Appellants may be present at the hearing, may be represented by counsel, may present testimony, evidence, and cross-examine witnesses.

(3) If the appellant does not appear and present evidence at the hearing, the Hearing Officer may base their decision solely upon the evidence submitted by the Enforcement Officer. Failure of the appellant to appear and present evidence at the hearing shall constitute a failure to exhaust administrative remedies.

(4) The hearing need not be conducted according to technical rules relating to evidence and may be continued from time to time.

(5) The Hearing Officer will deliberate upon the evidence presented, and shall, within seven calendar days after the close of the hearing, issue a written decision and order.

(6) If the Hearing Officer determines that the notice of fine should be upheld, the fine amount on deposit with the department shall be retained by the department.

(7) If the Hearing Officer determines that the notice of fine should be reduced or canceled, and the fine was deposited with the department, then the department shall promptly refund the corresponding amount of the deposited fine.

(8) The decision of the Hearing Officer shall be mailed to, or personally served upon, the appellant and any other party upon whom the notice of violation was served, and the Enforcement Officer.

(9) The decision shall be final when signed by the Hearing Officer and served as herein provided.

(Ord. 690, 12/9/2025)

Any person aggrieved by an administrative decision of the Hearing Officer on an administrative citation may obtain review of the administrative decision by filing an appeal to be heard de novo by the Superior Court in accordance with the timelines and provisions set forth in California Government Code Section 53069.4. If no notice of appeal of the Hearing Officer's administrative decision is filed within the period set forth in California Government Code Section 53069.4, the Hearing Officer's decision shall be deemed final.

(Ord. 690, 12/9/2025)

Any notice required in compliance with this chapter shall be served by the Enforcement Officer as follows, except where this chapter provides otherwise:

(a) A copy of the notice shall be either served personally or by mail, postage prepaid, certified, return receipt requested, to:

(1) The owner of the affected premises as shown on the last equalized assessment roll. If no address can be found or is unknown to the Enforcement Officer, then the notice shall be mailed to the person at the address of the premises where the violation occurred;

(2) Any lessees of record of the real property;

(3) The record owner of any affected recreational vehicle, mobile home or other vehicle and any holders of security interest(s) in the recreational vehicles, mobile homes or other vehicles;

(4) Any holder of a mortgage, deed of trust, lien or encumbrance of record on the real property; or

(5) Any person in real or apparent charge or control of the affected property, mobile home, recreational vehicle or other vehicles.

(b) A copy of the notice shall be prominently and conspicuously placed upon the premises where the violation occurred.

(Ord. 690, 12/9/2025)

The provisions of this chapter shall not apply to:

(a) Activities conducted by pyrotechnic operators licensed by the State Fire Marshal when operating pursuant to that license and with proper City permits, nor to the spectators present during such activities.

(b) A social host who initiates contact with law enforcement or fire officials to assist in removing any person, or dangerous fireworks, from the social host's property or terminating the activity 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.

(c) The possession, transport, manufacture, storage, display, sale, use, or discharge of fireworks as permitted under Federal or State law.

(Ord. 690, 12/9/2025)