Citrus Heights Municipal Code Art. III Fireworks

Except as otherwise provided in this article, no person shall possess, sell, use, display or explode any rocket, firecracker, Roman candle, squib, torpedo, torpedo cane, fire balloon, wire core sparkler, wooden core sparkler, black cartridge or other combustible device or explosive substance or any kind of fireworks, by whatsoever name known, within the city.

(Ord. No. 97-01, § 2(4.54.300), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Host in this article shall mean any of the following:

(1) An owner of any private residential or non-residential real property in the city;

(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; or

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

Response costs means those reasonable and necessary costs directly incurred by public safety personnel for a response to an unpermitted discharge or illegal storage of fireworks, and include the cost of providing law enforcement, firefighting, and/or other emergency services at the scene of the unpermitted discharge or illegal storage of fireworks including, but not limited to:

(1) Salaries and benefits of public safety personnel for the amount of time spent responding to, remaining at, or otherwise dealing with the unpermitted discharge or illegal storage of fireworks, and the administrative costs attributable to the response(s);

(2) The cost of any medical treatment to or for any public safety personnel injured responding to, remaining at or leaving the scene of the unpermitted discharge or illegal storage of fireworks; and

(3) The cost of repairing any public safety equipment or property damage, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of an unpermitted discharge or illegal storage of fireworks.

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.

(Ord. No. 2021-001, § 1, 6-24-2021; Ord. No. 2022-004, § 1, 4-14-2022)

Editor's note— Ord. No. 2021-001, §§ 1—7, adopted June 24, 2021, amended §§ 38-67—38-81 in their entirety to read as herein set out. Former §§ 38-67—38-81, pertained to exception for certain public displays; exception for safe and sane fireworks; license to sell required; wholesale storage; license restricted; license application; denial of license; operation of stand; temporary fireworks stand; general requirements for licensees; enforcement; revocation of license; appeal; penalty for violation; seizure of fireworks and concurrent authorities, respectively, and derived from Ord. No. 97-01, adopted January 2, 1997; Ord. No. 97-13, adopted March 26, 1997 and Ord. No. 97-17, adopted September 24, 1997.

Public displays of fireworks may be given with a written permit issued by the fire chief, or the fire chiefs designee, of the fire district within which the display is to be given so long as such display takes place under the supervision and direction of a state-licensed operator.

(Ord. No. 2021-001, § 2, 6-24-2021; Ord. No. 2022-004, § 2, 4-14-2022)

Editor's note— See editor's note at § 38-67.

It shall not be unlawful to possess, sell within the city those fireworks as are defined and classified as "safe and sane fireworks" in Health and Safety Code § 12500 et seq., during that time period beginning 12:00 p.m. on June 28 and ending at 9:00 p.m. on July 4 of the same year. Specific hours for sale between these dates are 9:00 a.m. to 9:00 p.m.

It shall not be unlawful to use or discharge safe and sane fireworks during either of the following time periods:

(1) Between the hours of noon and 11:00 p.m. on June 28; or

(2) Between the hours of 9:00 a.m. and 11:00 p.m. from June 29 through July 5 of the same year.

(Ord. No. 2021-001, § 3, 6-24-2021; Ord. No. 2022-004, § 3, 4-14-2022; Ord. No. 2025-004, § 1, 8-27-2025)

Editor's note— See editor's note at § 8-67.

It shall be unlawful for any person to sell safe and sane fireworks within the city without a valid business license authorizing such sales.

(Ord. No. 2021-001, § 4, 6-24-2021; Ord. No. 2022-004, § 4, 4-14-2022)

Editor's note— See editor's note at § 38-67.

The wholesale storage of fireworks shall be unlawful in the city without valid permits for such storage from the fire district in which jurisdiction the storage site is located and the building inspection division. Any such storage is limited to the period from June 1 through July 15 of each year.

(Ord. No. 2021-001, § 4, 6-24-2021; Ord. No. 2022-004, § 4, 4-14-2022)

Editor's note— See editor's note at § 38-67.

(a) No business license authorizing the sale of safe and sane fireworks shall be issued to any person or group, other than organizations which are exempted from the payment of the bank and corporation tax by Revenue and Taxation Code § 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 237011 or 23701w, provided that the organization satisfies the following criteria:

(1) It has its principal and permanent meeting place in the city;

(2) It has been organized and established in the city for a continuous period of at least one year immediately preceding the application for a permit; and

(3) It has a bona fide membership of at least 20 members.

(b) No organization shall submit more than two applications for licenses to sell fireworks within the city. Submittal of more than two such applications shall be grounds for denial of all applications.

(c) Business licenses authorizing the sale of safe and sane fireworks shall not be transferable to another organization.

(d) Transfer of temporary stands from the location for which the license was initially issued may be made, provided that the application is made to the finance director on or before June 1, and provided, further, that any such location change has been approved in writing by the fire district having jurisdiction and the chief building official and otherwise complies with all sections of this article regulating the location of temporary fireworks stands.

(Ord. No. 2021-001, § 4, 6-24-2021; Ord. No. 2022-004, § 4, 4-14-2022)

Editor's note— See editor's note at § 38-67.

(a) Each application for a business license to sell fireworks shall be in writing to the finance director on forms supplied by the city. Applications shall be received and filed with the finance director on or before the second Tuesday in April of each year. Applications shall:

(1) Specify the proposed location of the fireworks stand;

(2) Specify the name, address and telephone number of one or more responsible adults who will be in charge of and responsible for the fireworks stand during the period fireworks are sold, displayed or stored;

(3) Contain such other information as may be required by the finance director; and

(4) Be accompanied by an application fee in the amount of $25.00.

(b) The application shall be made in triplicate. The original of the application shall be retained by the finance director, one copy shall be transmitted to the fire district in which jurisdiction the proposed fireworks stand will be located, and one copy shall be sent to the building inspection division.

(c) The applicant for a license shall be notified by the finance director of the tentative approval or denial of the application for a business license by the first Monday in May of each year. Within two weeks of the notification of the tentative approval of the business license, the applicant shall furnish to the finance director evidence of insurance providing comprehensive general liability coverage written on an occurrence basis, including but not limited to premises/operations, personal injury, contractual liability, independent contractors, and products/completed operations, with a combined single limit for bodily injury and property damage of $1,000,000.00. The insurance policy shall designate the city, its officers, agents, employees and volunteers as additional insureds as to products, premises/operations of the named insured. The insurance policy shall further be endorsed to provide that any insurance and/or self-insurance maintained by the city shall apply in excess of, and not contribute with, insurance provided by the applicant. The risk manager shall be the certificate holder. For nonrenewal or cancellation of the insurance policy, 30 days' advance notice shall be provided to the finance director. The insurance policy shall be limited to the specific location for which the business license is issued. The finance director shall issue the license to the applicant upon the presentation of required proof of insurance.

(d) A copy of the business license shall be transmitted to the fire district in which jurisdiction the proposed fireworks stand will be located.

(e) The continued validity of any business license issued pursuant to this article shall be subject to the requirement that at least one of the responsible adults listed in the licensee's application shall attend a fireworks stand operator seminar conducted by the fireworks industry and approved by a fire department or fire district within the county. The failure of a licensee to have such a responsible individual attend such safety seminar shall subject the business license to revocation.

(Ord. No. 2021-001, § 4, 6-24-2021; Ord. No. 2022-004, § 4, 4-14-2022)

Editor's note— See editor's note at § 38-67.

(a) The finance director shall issue the business license to sell fireworks unless:

(1) The finance director finds in writing that the applicant has failed to provide sufficient or adequate plans, information or other data necessary to permit a determination respecting compliance with the requirements of this article;

(2) The finance director finds in writing that the applicant is not in compliance with any of the requirements of this article;

(3) The finance director finds in writing that the applicant falls within section 38-78(c); or

(4) Either the fire district in which jurisdiction the proposed stand will be located or the building inspection division fails to approve the application.

(b) Any denial of a license pursuant to this section may be appealed pursuant to the procedures set forth in section 38-79(b).

(Ord. No. 2021-001, § 4, 6-24-2021; Ord. No. 2022-004, § 4, 4-14-2022)

Editor's note— See editor's note at § 38-67.

(a) No person shall sell fireworks to any person under the age of 18 years.

(b) Sale of fireworks shall begin no earlier than 12:00 noon on June 28 and shall not continue after 10:00 p.m. on July 5 of the same year. Sale of fireworks shall be permitted only from 9:00 a.m. to 10:00 p.m. daily.

(c) No person other than the licensee organization shall operate the stand for which the license is issued or share or otherwise participate in the profits of the operation of such stand.

(d) No person other than the individuals who are members of the licensee organization or the wives, husbands, parents or adult children of such members shall sell or otherwise participate in the sale of fireworks at such stand.

(e) No person under the age of 18 years shall sell or participate in the sale of fireworks.

(f) No person shall be paid any consideration by the licensee or any wholesale distributor of safe and sane fireworks for selling or otherwise participating in the sale of fireworks at such stand; provided, however, that compensation may be paid for security personnel during non-sale hours and to the party authorizing location of the stand on its property.

(g) Fireworks stands shall be removed from the temporary locations by 12:00 noon on July 18, and all accompanying litter shall be cleared from such locations by that date and time.

(h) All Fireworks stands shall prominently display the key elements of this ordinance at each window of the stands. The posting shall be at least eight and one-half inches by 11 inches in size and will use language provided by city staff.

(Ord. No. 2021-001, § 4, 6-24-2021; Ord. No. 2022-004, § 4, 4-14-2022)

Editor's note— See editor's note at § 38-67.

All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is hereby prohibited. Temporary stands shall be subject to the following:

(1) No fireworks stand shall be located within 25 feet of any other building or within 100 feet of any gasoline pump or distribution point.

(2) Fireworks stands need not comply with the provisions of the building code; provided, however, that all stands shall be erected under the supervision of the chief building official, who shall require that stands be constructed in a manner which will reasonably ensure the safety of attendants and patrons and provided, further, that any electrical installations shall comply with all applicable codes.

(3) No stand shall have a floor area in excess of 750 square feet.

(4) Each stand shall have at least two exits. Each stand in excess of 40 feet in length shall have at least three exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed 20 feet. Exit doors shall be not less than 24 inches wide and six feet two inches in height and shall swing in the direction of exit travel.

(5) Each stand shall be provided with two 2½-gallon water-type (minimum rating 2A) fire extinguishers in good working order and easily accessible for use in case of fire.

(6) Fireworks stands shall be located on property zoned SC, LC, GC, AC, TC, M-1 or M-2, or in any other zoning classification if the chief building official certifies in writing to the finance director that the operation of a fireworks location in such other zoning classification will not endanger the health and safety of the community or create a fire hazard to surrounding properties.

(Ord. No. 2021-001, § 4, 6-24-2021; Ord. No. 2022-004, § 4, 4-14-2022)

Editor's note— See editor's note at § 38-67.

(a) Fireworks stands shall not be located closer than 600 feet apart, unless separated by a principal arterial roadway.

(b) All weeds and combustible material shall be cleared from the location of the stand to a distance of at least 25 feet surrounding the stand.

(c) No smoking signs shall be prominently displayed on and in the fireworks stand.

(d) Each stand must have an adult watchman in attendance and in charge thereof when the stand is being used for sale, dispensing or storage of fireworks.

(e) All unsold stock of fireworks in the hands of the retailer after 10:00 p.m. on July 5 shall be returned to the distributor or wholesaler and removed from the city within ten days. On closing of stands, all litter shall be removed from the premises.

(f) No fuel-powered generator or similar equipment shall be allowed within 50 feet of a fireworks stand.

(Ord. No. 2021-001, § 4, 6-24-2021; Ord. No. 2022-004, § 4, 4-14-2022)

Editor's note— See editor's note at § 38-67.

No host shall knowingly allow any person to violate a provision of this chapter on the host's private property.

(a) The provisions of this section shall not apply to:

(1) The possession, manufacture, storage, display, sale, use, or discharge of fireworks as permitted under federal or state law.

(2) A host who initiates contact with law enforcement or fire officials to assist in removing any person from the property or terminating the activity 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.

No host shall aid or abet another person's violation of a provision of this chapter in a public right-of-way, street, and/or sidewalk adjacent to the host's private property or property under the host's apparent control. A host aids and abets another person's violation of a provision of this chapter if he or she knows of the other person's unlawful purpose and the host specifically intends to, and does in fact, aid, facilitate, promote, encourage, or instigate the other person's commission of that violation.

(Ord. No. 2021-001, § 5, 6-24-2021; Ord. No. 2022-004, § 5, 4-14-2022; Ord. No. 2025-001, § 1, 4-23-2025)

Editor's note— See editor's note at § 38-67.

The division of authority for enforcement of this article shall be as follows:

(1) The chief of any fire protection district or his/her designated representatives shall have authority to enforce this article and issue citations for violations in their respective districts.

(2) The city fire warden shall have authority to enforce this article in any area lying without any fire protection district.

(3) The city fire warden shall have authority to enforce this article in any fire protection district upon request of the chief of the fire protection district or the governing body thereof.

(4) The chief of police and his or her designated officers, staff and/or code enforcement officers of the City of Citrus Heights.

(Ord. No. 2021-001, § 6, 6-24-2021; Ord. No. 2022-004, § 6, 4-14-2022)

Editor's note— See editor's note at § 38-67.

(a) The finance director may revoke, immediately and without notice or hearing, the license of any licensee who violates section 38-73(e); 38-75(a), (b) or (e); or 38-77(d). If the revocation occurs between June 22 and July 5, the finance director shall inform the licensee that the licensee may seek review of the finance director's decision by the city manager on the next business day. At the earliest opportunity on the next business day after the revocation, the finance director shall provide the city manager with written notice that a fireworks business license has been revoked, including the name of the licensee and a brief statement of the grounds for revocation. If requested by the licensee, the city manager shall meet with the licensee and the finance director on that day to review the finance director's decision. The decision of the city manager shall be final. If the revocation occurs before or after the specified period, the appeal procedures of subsection (b) of this section shall apply.

(b) The finance director may revoke the license of any licensee who violates any section of this article not specified in subsection (a) of this section. Such revocation shall not take effect for five days, during which time the licensee may seek review of the finance director's decision by submitting a written request for review to the city manager. The finance director shall provide the city manager with written notice that a fireworks license has been revoked, including the name of the licensee and a brief statement of the grounds for revocation. The city manager shall meet with the licensee and the finance director to review the finance director's decision. The decision of the city manager shall be final.

(c) Any licensee whose license has been revoked pursuant to subsection (a) or (b) of this section shall be barred from receiving a license under this article for five years from the date of revocation.

(Ord. No. 2021-001, § 6, 6-24-2021; Ord. No. 2022-004, § 6, 4-14-2022)

Editor's note— See editor's note at § 38-67.

(a) Any person who allows, permits, aids, or abets any discharge of fireworks (including a public display) without having first obtained a permit therefore from the fire marshal, or designee, shall be in violation of this section, unless otherwise permitted by ordinance.

(b) Any person who stores fireworks, including those classified as "safe and sane" by the California State Fire Marshal, except as expressly allowed by this Code, shall be in violation of this section.

(c) Administrative citation. Upon identification of an unpermitted discharge or illegal storage of fireworks, law enforcement may issue an administrative citation or a notice of violation to all responsible person(s) present at the unpermitted discharge of fireworks or to a host as defined by Section 38-67 who is found in violation of this section. Law enforcement shall notify persons, found responsible for unpermitted discharge or illegal storage that further violation of the ordinance may result in the issuance of increased subsequent fines and assessment of response costs as outlined in Section 38-67. Each device (firework) possessed, ignited, exploded, discharged, used, or displayed constitutes a violation of the ordinance and therefore is subject to an administrative fine:

(1) One thousand dollars fine, for each device

(2) Two thousand five hundred dollars fine for each device on subsequent offenses within one year from the date of the administrative citation or notice of violation.

(3) Five thousand dollars fine for third and subsequent offenses within one year from the date of the administrative citation or notice of second violation.

(d) Nothing in this chapter shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery, storage, and/or transportation of dangerous fireworks.

(e) The penalties set forth herein are intended to be nonexclusive and are intended to be in addition to any other remedies provided in this chapter or any other law, statute, ordinance or regulation.

(f) Any person who violates this section shall be guilty of an infraction and shall receive an administrative citation or notice of violation.

(g) Response costs. A responsible person(s) who has been issued a subsequent administrative citation and/or written notice of violation of this section may be liable for response costs incurred in responding to the unpermitted discharge or illegal storage of fireworks. All responsible persons shall be jointly and severally liable for the response costs incurred in the response and all subsequent responses. The amount of response costs constitutes a debt owed to the city.

If a responsible person is a juvenile, then their parents or guardians will be jointly and severally liable for the response costs incurred pursuant to this chapter. To incur liability for response costs imposed by this chapter, the person responsible for the unpermitted discharge or illegal storage of fireworks need not be present at the event that causes the response giving rise to the imposition of response costs. This chapter therefore imposes vicarious as well as direct liability upon responsible persons.

(h) Notice of the response costs shall be served by first-class mail to the persons liable for such costs. The notice shall contain the following information:

(1) The name of the person who is liable for the response costs;

(2) The address of the private property where the incident occurred;

(3) The date and time of the response;

(4) The law enforcement, fire, or other emergency response personnel who responded; and

(5) An itemized list of the response costs.

(i) Payment for response costs shall be remitted to the City of Citrus Heights, or designated payment collector, within 30 calendar days of the date of the notice. The payment of any such costs shall be stayed upon the filing of a timely appeal.

(j) A person charged with response costs may, within ten calendar days of the date of the notice of response costs, appeal the response costs. The appeal hearing shall be scheduled and conducted in the manner prescribed in this chapter.

(k) Failure to timely file an appeal constitutes a failure to exhaust available administrative remedies and bars any further review or administrative appeal of the response costs.

(l) Violations of this chapter are hereby declared to be a public nuisance.

(m) All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.

(n) Any recipient of an administrative citation or notice of violation may appeal the citation by completing and submitting the approved review form to the city within 30 days from the date of the administrative citation or notice of violation. If the violation is upheld after review, the recipient may request a formal administrative hearing with an advance deposit of the fine.

(Ord. No. 2021-001, § 7, 6-24-2021; Ord. No. 2022-004, § 7, 4-14-2022; Ord. No. 2025-001, § 2, 4-23-2025; Ord. No. 2025-004, § 2, 8-27-2025)

Editor's note— See editor's note at § 38-67.

(a) Any administrative citation fine, or portion thereof, paid pursuant to this chapter shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.

(1) No appeal hearing to contest an administrative citation shall be held unless the fine has been deposited in advance.

(2) An appeal hearing shall be set for a date that is not less than 15 days and not more than 60 days from the date that the request for hearing is filed.

(3) The appellant shall be notified of the time and place set for the hearing at least ten calendar days prior to the date of the hearing.

(4) At the hearing, the appellant shall have the opportunity to testify and to present evidence concerning the administrative citation.

(5) The failure of the appellant to appear at the appeal hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.

(6) The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.

(7) The hearing officer may continue the hearing and/or request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.

(8) Any person aggrieved by an administrative decision of a hearing officer on an administrative citation appeal may obtain review of the administrative decision by filing a petition for review with the city clerk for an appeal to the city council.

(Ord. No. 2021-001, § 8, 6-24-2021; Ord. No. 2022-004, § 8, 4-14-2022)

The chief or the chiefs designee of the fire district in which jurisdiction a fireworks stand is located may seize, take, remove or cause to be removed, at the expense of the licensee, all stocks of fireworks offered or exposed for sale, stored or held in violation of this article when such violation creates an imminent threat to public health or safety.

(Ord. No. 2021-001, § 9, 6-24-2021; Ord. No. 2022-004, § 9, 4-14-2022)

This article is not the exclusive regulation for fireworks within the city. This article shall supplement and be in addition to the other regulatory codes, statutes, and ordinances enacted by the county, the state, or any other legal entity or agency having jurisdiction.

(Ord. No. 2021-001, § 9, 6-24-2021; Ord. No. 2022-004, § 9, 4-14-2022)