Brea Municipal Code Ch. 16.08 Fireworks

This chapter shall be known and may be cited as the "Brea Fireworks Ordinance."

(Ord. 1262, 5-20-2025)

In addition to the definitions set forth in §§ 1.00.050 and 1.04.050 of this code, for purpose of this chapter the following definitions shall apply:

"Fireworks, dangerous fireworks, and safe and sane fireworks"

shall have the respective meaning specified in the State Fireworks Law (Health and Safety Code § 12500 et seq.).

"Host."

Any person who either:

Owns, leases, rents, or is otherwise in lawful possession of private property.

Organizes, supervises, officiates, conducts, controls, or is otherwise in charge of the fireworks activity on private property or on an adjacent public or private street or sidewalk.

(Ord. 1262, 5-20-2025)

A. It shall be unlawful for any person to sell, use, or discharge any fireworks, including safe and sane fireworks, within the city.

B. This section does not preclude the presentation of a public display of fireworks, including safe and sane fireworks, by the city or by a person under contract with the city for such purpose.

(Ord. 1262, 5-20-2025)

A. It shall be unlawful for a host to permit or fail to prevent the sale, use, or discharge of fireworks, including safe and sane fireworks, on the host's property or on an adjacent public or private street or sidewalk.

B. There is a rebuttable presumption that the record owner of a private property as shown on the county's latest equalized property tax assessment roll, and any lessee of the property, have notice of fireworks discharge violations occurring on the property or on an adjacent public or private street or sidewalk.

C. This section shall not apply to a host who contacts law enforcement or fire officials for assistance in terminating the sale, use, or discharge of fireworks if the request is made before any other person contacts law enforcement or fire officials to report the activity.

(Ord. 1262, 5-20-2025)

Every parent, guardian, or other person who has the legal care, custody, or control of any person under the age of eighteen (18) years, and who knows or reasonably should know that such minor is in violation of this chapter, may be issued an administrative citation in addition to any administrative citation issued to such minor.

(Ord. 1262, 5-20-2025)

A. Violations of this chapter shall be punishable by criminal, civil, and administrative penalties in accordance with Chapter 1.04 of this code. Each violation, whether on the same day or a different day, shall constitute a separate violation and shall be subject to a separate criminal, civil, or administrative penalty.

B. For violations of this chapter, the administrative fine shall be in the amount of five hundred dollars ($500) for a first violation and one thousand dollars ($1,000) for each additional violation within a twelve (12) month period. The administrative fine amount shall escalate regardless of whether the second or additional violations involve the same or a different provision of this chapter.

C. Administrative fines collected for violations related to the possession of twenty-five (25) pounds or less of dangerous fireworks shall not be subject to Health and Safety Code § 12706. However, in addition to payment of administrative fines, the responsible person shall liable for the State Fire Marshal's costs associated with the disposal of seized fireworks.

(Ord. 1262, 5-20-2025)