Cypress Municipal Code § 17-52 Fireworks; sale, distribution, and discharge thereof prohibited

Except as is otherwise expressly provided in this chapter, it shall be unlawful for any person to possess, to store, to manufacture, to fabricate or assemble, to offer for sale, to expose for sale, to sale or resale, or to explode, to use, or to discharge any fireworks within the city. "Fireworks" as used in this chapter, shall be defined as any device containing chemical elements and chemical compounds capable of burning independently of 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, torpedoes, skyrockets, Roman candles, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits, and any additional provisions as may be set forth in the Health and Safety Code, § 12511 as it may be amended from time to time.

Exception: Nothing in this section shall preclude the presentation of a public display of fireworks including, but not limited to "safe and sane" fireworks, by the city. The city council may contract with a person, firm, partnership, or corporation to provide such public display or the city council may authorize by special permit any organization to contract with a person, firm, partnership, or corporation to provide such public display of fireworks upon terms and conditions deemed advisable by the city council. Applications for such special permit shall be submitted at least 45 days prior to the date of said display.

(Ord. No. 792, § 2, 1-11-88; Ord. No. 1073, § 2, 4-10-06)

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Editor's note: Ord. No. 1073, § 1, adopted April 10, 2006, added a new § 17-51 to the Code. Section 2 of said ordinance then renumbered the existing §§ 17-51—17-53 as 17-52—17-54 and repealed the existing § 17-54.

(a) It shall be unlawful for any social host to allow, by invitation or consent, which consent may be implied given surrounding facts and circumstances such as repeated conduct, violations of section 17-52 to occur or otherwise take place on his or her private property;

(b) As used in this section, a "social host" means a person or persons with a right of possession of the residence or other private property at which fireworks are sold, offered to be sold, possessed, stored, used, ignited or discharged, including, but not limited to: (1) any owner of the residence or other private property - meaning the record owner of the title to property as of the time of the possession, storage, sale, use, ignition or discharge, wherever that person or entity resides at that time; (2) a tenant or lessee of the residence or other private property at the time when the illegal fireworks are possessed, stored, sold, used, ignited, or discharged; (3) the person(s) in charge of the residence or other private property at the time when fireworks are possessed, stored, sold, used, ignited or discharged; and (4) the person(s) who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such gatherings where fireworks are possessed. A social host need not be present at the time illegal fireworks are possessed, stored, sold, used, ignited or discharged for the city to impose penalties. Prior knowledge of the possession, storage, sale, use, ignition or discharge is not a pre-requisite to a finding that any specific individual is a social host as defined by this section.

(Ord. No. 1234, 7/14/2026)

(a) Any person found in violation of this chapter shall be guilty of a misdemeanor and may be issued an administrative citation that is punishable by an administrative fine in the amount of two thousand dollars ($2,000.00) for a first violation; four thousand dollars ($4,000.00) for a second violation occurring within a 36-month period; and six thousand dollars ($6,000.00) for each additional violation occurring within a 36-month period.

(b) Notwithstanding subsection (a), any person found to be in violation of section 17-52.01 (social host prohibited liability) shall be guilty of a misdemeanor and may be issued an administrative citation that is punishable by administrative fine in the amount of two thousand dollars ($2,000.00) for a first violation; four thousand dollars ($4,000.00) for a second violation occurring within a 36-month period; and six thousand dollars ($6,000.00) for each additional violation occurring within a 36-month period.

(c) In addition to administrative fines, any person found in violation of this chapter shall be responsible for reimbursement or payment of all expenses, costs, and/or fees associated with the safe disposal of all confiscated fireworks.

(d) In the event that a "juvenile" (defined as any person under the age of 18) is found in violation of this chapter, then the parents or guardians of that juvenile shall be jointly and severally liable for any administrative fines, expenses, costs, or fees incurred or imposed. At the discretion of the city attorney or city prosecutor, community service hours may be served in lieu of the payment of penalties for violations by a juvenile.

(e) The remedies set forth in this section are in addition to all other legal and equitable remedies, administrative, criminal or civil, available to the city to address violations of this chapter or California law.

(Ord. No. 1234, 7/14/2026)

Enforcement officers, including the Cypress Police Department, are authorized to issue administrative citations to the responsible party or property owner. Observed violations may be cited in person or, when identifying the person discharging the fireworks is impractical, the citation may be mailed to the property owner of record as identified by county tax assessment records.

(Ord. No. 1234, 7/14/2026)

(a) Right to appeal. Any person who receives an administrative citation for violation of section 17-52 or 17-52.01 may contest such citation or the imposed fees in section 17-52.02 by filing a written request for hearing with the city clerk no later than 10 calendar days from the date such citation was served in person or not later than 13 calendar days if such citation was served by mail.

(b) Hearing officer. The city manager or designee shall appoint an impartial hearing officer to conduct the appeal hearing. The hearing officer shall not be the investigating police officer, enforcing code official, or any employee of the City's Police Department.

(c) Hearing procedures. The hearing shall be conducted within 10 calendar days of the city clerk's actual receipt of the request for hearing. The cited party and the city shall have the opportunity to present evidence and witnesses. The technical rules of evidence do not apply. The hearing officer must admit any relevant evidence, including hearsay, if it is the type of evidence that reasonable and prudent people rely on in the conduct of serious affairs.

(d) Hearing officer's decision. The hearing officer shall issue a written decision within 10 calendar days of the hearing, which shall include findings of fact. If the citation is upheld, the fine and any associated fees must be paid within 30 days of the written decision.

(e) Judicial review. The decision of the hearing officer shall be final. Any person aggrieved by the decision may seek judicial review in the Orange County Superior Court in accordance with Government Code section 53069.4(b)(1).

(Ord. No. 1234, 7/14/2026)

(a) City cost recovery. If the administrative hearing officer upholds the citation in whole or in part, the city shall be entitled to recover all actual costs incurred in connection with the administrative appeal proceeding.

(b) Definition of costs. For purposes of this section, administrative appeal costs include, but are not limited to:

(1) Staff time spent preparing for and attending the hearing.

(2) Hearing officer fees and expenses.

(3) Legal counsel fees and costs.

(4) Costs of producing documentary or physical evidence.

(c) Collection. The city shall itemize its costs and serve a statement of costs on the party cited or appealing a citation. The party cited or appealing a citation shall pay the city such costs within 30 days of the award of same. Unpaid costs may be collected by any legal means, including as a lien against the property where the violation occurred.

(d) No reciprocal recovery. Under no circumstances shall a party cited or appealing a citation be entitled to recover attorney's fees, costs, or expenses from the city, regardless of the outcome of the appeal proceeding.

(Ord. No. 1234, 7/14/2026)