Biggs Municipal Code Ch. 7.25 Firearms and Fireworks

It shall be unlawful for any person within the corporate limits of the City of Biggs to discharge or explode any firearms, air rifles, air pistols, CO2 pistols, CO2 rifles, pellet guns, spring guns, bow and arrows, crossbows, slingshots, or other similar gas-actuated rifles or pistols.

Fireworks are regulated separately under this chapter, beginning at BMC § 7.25.100.

(Ord. 205 § 2, 1977; Ord. 441, 11/12/2025)

Duly constituted peace officers, as described in the California Penal Code, are permitted to discharge their firearms when necessary and reasonable in the discharge of their official duty. This exception shall not apply to an off-duty peace officer unless it is determined that they were reasonably performing an official function at the time of the discharge.

(Ord. 205 § 3, 1977; Ord. 441, 11/12/2025)

(1) If deemed reasonable and necessary by the Police Department, or by the City Council if the Police Department denies the request, a permit may be issued for the discharge of the above-prohibited devices as authorized by the California Department of Fish and Wildlife or by the United States Fish and Wildlife Service to disperse or destroy birds and other wildlife that constitute a nuisance or menace to citizens within the City, or that pose a threat to their health or safety.

(2) The Police Department or City Council may also authorize the discharge of prohibited devices if deemed necessary for the dispersal, capture, or destruction of any domesticated birds or animals that constitute a nuisance or menace to citizens within the City, or that pose a threat to their health or safety.

(Ord. 205 §§ 4, 5, 1977; Ord. 441, 11/12/2025)

Repealed by Ord. 441.

(Ord. 205 § 6, 1977)

(1) General Rule. Retail sales of safe and sane fireworks are permitted only by nonprofit organizations under permit from the City Administrator and the State Fire Marshal.

(2) Permit Limits.

(a) No more than three permits may be issued per year.

(b) Applicants must be qualified 501(c)(3) nonprofits with at least two years continuous establishment and a principal meeting place in the City.

(3) Application.

(a) Applications are due by the second Tuesday in March.

(b) Applications must include proof of nonprofit status.

(c) If applications exceed permits, a drawing shall determine permittees and alternates.

(4) Permit Fee. Pursuant to AB 1403, each permittee shall pay a fee equal to its pro rata share of the City’s actual and reasonable costs, not to exceed 7% of gross fireworks sales.

(5) Insurance. Liability insurance of at least $1,000,000 per occurrence naming the City as an additional insured.

(6) Sales Period. Retail sales may begin at 12:00 noon on June 28th and must end by 11:00 p.m. on July 4th of the same year.

(7) Stands and Storage.

(a) Stands must be located on City-owned or City-leased property and meet fire safety standards.

(b) Proper extinguishers, signage, and storage protocols are required.

(c) Booths and litter must be cleared by July 12th.

(8) Age Restrictions.

(a) No person under 18 years may sell fireworks.

(b) No person under 16 years may purchase or possess fireworks.

(Ord. 441, 11/12/2025)

Except as otherwise provided in this chapter, no person shall possess, sell, transport, use, display, or discharge any firecracker, rocket, Roman candle, squib, torpedo, torpedo cane, fire balloon, sparkler, black cartridge, skyrockets, chasers, or other combustible device or explosive substance, by whatsoever name known, within the City.

This prohibition includes, without limitation, all “dangerous fireworks” as defined in Cal. Health & Safety Code § 12500 et seq.

Violations are subject to penalty under this chapter, Chapter 1.20 BMC (Citations), and other applicable law.

(Ord. 441, 11/12/2025)

(1) Notwithstanding the general prohibition in BMC § 7.25.100, “safe and sane” fireworks may be possessed, sold, or used only during the following periods:

(a) June 28th – July 4th: 12:00 noon on June 28th through 11:00 p.m. on July 4th (Use, Possession and Sales).

(b) Veterans Day: 12:00 noon through 11:00 p.m. on November 11th (Use and Possession Only).

(c) New Year’s Eve/New Year’s Day: 12:00 noon on December 31st through 12:15 a.m. on January 1st (Use and Possession Only).

(d) Special Occasions: The City Administrator, with advice from the Fire Chief, may approve additional dates upon application, subject to conditions necessary for public safety (Use and Possession Only).

(2) No fireworks may be used during a Red Flag Warning issued by the National Weather Service.

(3) Possession or use of safe and sane fireworks is prohibited by any person under 16 years of age.

(Ord. 441, 11/12/2025)

(1) A host shall not permit fireworks violations on their property or gathering and is strictly liable.

(2) Parents or guardians are strictly liable for violations by minors.

(3) Hosts may not knowingly allow fireworks violations.

(4) Exception: prompt request for law enforcement assistance before a complaint is received.

(Ord. 441, 11/12/2025)

(1) The City Administrator, Police Chief, Fire Chief, code enforcement officers, and their designees may enforce this chapter.

(2) Administrative fines shall apply as follows:

(a) First offense: $1,000 per device.

(b) Second offense: $2,000 per device.

(c) Third offense: $4,000 per device.

(d) Each subsequent offense: double the fine of the prior offense.

(3) Each firework possessed, sold, or discharged constitutes a separate violation.

(4) Fireworks in violation may be confiscated and destroyed in accordance with State Fire Marshal standards.

(5) Alternative Enforcement. Violations of this chapter may also be prosecuted as misdemeanors or infractions pursuant to Chapter 1.20 BMC, and may be declared and abated as public nuisances as provided therein.

(Ord. 441, 11/12/2025)