Dixon Municipal Code Ch. 9.02 Fireworks

For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

"Affiliated organizations"

means:

Organizations incorporated under the same charter or organization and their organizations and auxiliaries unless the auxiliary is incorporated under a different charter;

Organizations sharing the same officers, place of meetings and/or national parent organization;

Subdivisions and/or factional divisions of organizations however named or delineated; and

Suborganizations, one of whose primary purpose is to provide financial and/or manpower support to a parent nonprofit organization. Different organizations affiliated with and officially recognized by any elementary, junior high, high school and/or school district that serves, in whole or in part, the residents of the City of Dixon shall be presumed to be affiliated organizations (i.e., boosters of high school football and boosters of high school basketball), unless recognized as a separate nonprofit by either the state or the Internal Revenue Service (IRS).

"Applicant"

means the person that files an application for a permit.

"Dangerous fireworks"

has the same meaning as that term is defined by Cal. Health & Safety Code § 12505.

"Enforcement Officer"

means the Fire Chief or the Fire Chief's designee.

"Fireworks sales booth"

means the booth, stand, or other approved temporary structure used for the purpose of selling safe and sane fireworks.

"Fireworks"

has the same meaning as that term is defined by Cal. Health & Safety Code § 12511.

"Local nonprofit organization"

means a nonprofit organization that:

Has either a minimum bona fide membership of at least twenty-five (25) or 100%, whichever is less, adult members who reside in the City of Dixon; and

Has its permanent meeting place and headquarters within the city limits of Dixon.

"Lottery"

means a random selection process for the selection of nonprofits that will be issued permits to sell safe and sane fireworks.

"Nonprofit organization"

means:

Any nonprofit association, charity, or corporation organized primarily for veteran, patriotic, welfare, civic betterment, youth activities or charitable purposes;

A group which is an integral part of a recognized nonprofit national organization; or

An organization affiliated with and officially recognized by an elementary, junior high, high school and/or school district that serves, in whole or in part, the residents of the city.

"Owner-occupant"

means the record owner of real property as listed in the most current equalized assessment roll as maintained by the Solano County Assessor.

"Permit"

means a permit for the sale of safe and sane fireworks issued pursuant to this Chapter.

"Permittee"

means a local nonprofit organization that has received a permit for the sale of safe and sane fireworks.

"Response costs"

means costs associated with law enforcement, fire, or other emergency personnel responding to, remaining at, and leaving the scene of a gathering, including but not limited to:

Salaries and benefits of law enforcement, fire, code enforcement or any other emergency personnel.

Administrative costs.

The cost of any medical treatment of injuries to any City personnel.

The cost of using any City equipment.

The cost of repairing any damaged City equipment or property.

Attorney's fees.

Any other costs related to enforcement of this Chapter.

"Safe and sane fireworks"

has the same meaning as that term is defined by Cal. Health & Safety Code § 12529. All safe and sane fireworks must be approved by the California Fire Marshal and labeled as safe and sane.

"Social host"

means any person with an ownership interest or right of possession of the real property where fireworks are possessed, sold, used, manufactured or discharged, including, but not limited to:

Any owner-occupant.

Any lessee, subtenant, licensee, or other person having possessory control over a property, structure, or parcel of land.

Any person that organizes, supervises, officiates, conducts, controls or is otherwise in charge of the activity on the property.

"Strictly liable"

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

(Ord. 26-001, 1/6/2026)

A. The Enforcement Officer shall have authority to adopt and implement such administrative rules and regulations as may be required to:

1. Provide for the orderly administration of this Chapter;

2. To ensure compliance with all rules and regulations required by state law and the rules and regulations of the State Fire Marshal; and

3. Ensure the safety of sales operations.

B. The Enforcement Officer shall be responsible for the enforcement of the provisions of this Chapter. Sworn peace officers and other City staff with training in the powers of arrest and designated by the Fire Chief are also authorized to enforce this Chapter.

C. The Enforcement Officer or designee shall have the authority to use sUAS (small unmanned aircraft system) technology to enforce this Chapter.

(Ord. 26-001, 1/6/2026)

No person may possess, sell, use, display, or discharge dangerous fireworks within the City. No person may possess, sell, use, display, or discharge safe and sane fireworks within the City except as specifically provided in this chapter.

(Ord. 26-001, 1/6/2026)

It shall be unlawful to engage in the sale or distribution of fireworks within the City without first securing a permit from the City, State Fire Marshal, and any other required state or local agency. Permits shall only be issued for the sale of safe and sane fireworks. It shall be unlawful to sell fireworks that are not classified as safe and sane fireworks including altered safe and sane fireworks, or other combustible devices or explosive substance or any kind of fireworks by another name. Retail sales of safe and sane fireworks shall be allowed only from permitted temporary fireworks stands. The sale of safe and sane fireworks from any other building or structure is prohibited.

(Ord. 26-001, 1/6/2026)

A. Applications for the fireworks sales permit lottery shall be accepted from local nonprofit organizations at City Hall from January 1st to January 31st. A nonrefundable permit processing fee in an amount established by City Council resolution must be paid at the time of submittal of an application.

B. All nonprofit organizations must be recognized by either the IRS or the State of California. Applicants must provide evidence of nonprofit status. This information must be provided when submitting the application for the fireworks sales permit lottery. Failure to provide this information at the time of submission will disqualify the application.

Evidence of nonprofit status shall consist of a "Letter of Determination" from the State of California Franchise Tax Board, or a Franchise Tax Board FTB199N or FTB199 as evidence the nonprofit is current and in good standing with the taxing authorities prior to submission of application for the fireworks sales permit lottery.

C. A nonprofit organization, including its affiliated organizations, may submit no more than one application for a permit to sell safe and sane fireworks within the City. If more than one application is submitted on behalf of any nonprofit organization, including an affiliated organization, only the first request submitted will be honored and entered into the lottery.

(Ord. 26-001, 1/6/2026)

A. No more than six fireworks sales permits shall be issued each year. Fireworks sales permits shall only be issued to local nonprofit organizations.

B. Lottery Rules. When there are more qualified applicants than there are total permits available in a calendar year, the following rules and procedures will apply:

1. Each qualified applicant may enter only one (1) lottery category.

2. The lottery categories and number of permits to be awarded per category are as follows:

a. Youth/Sports/Education: Two (2) permits.

b. Service Clubs: One (1) permit.

c. Faith-Based: One (1) permit.

d. Veterans Groups: One (1) permit.

e. Last Chance: One (1) permit.

C. Except for the Last Chance category, a separate random lottery will be conducted by the Enforcement Officer for each category above to award the total number of permits available in the category.

D. In the event the number of applicants entered in a given lottery category is less than the number of permits available in the category, all remaining unselected applicants from all other lottery categories will be entered into the Last Chance lottery to award any remaining permits. Last Chance lotteries will occur after lotteries are completed for the Youth/Sports/Education, Service Clubs, Faith-Based, and Veterans Groups categories.

E. If less than six (6) qualified applications are received for fireworks sales permits, all applicants will be notified that the lottery will not be required.

F. Should a dispute arise regarding the lottery or the lottery process, the Enforcement Officer is authorized to resolve the dispute.

G. Retail sales of safe and sane fireworks shall be permitted only from temporary fireworks stands, which must comply with the requirements of section 18.19.160, Temporary Uses, of the Dixon Municipal Code.

(Ord. 26-001, 1/6/2026)

A. Applicants selected for a fireworks sales permit shall be notified by March 31st. Selected applicants must file all required documents for a stand permit with the City and pay the fireworks sales permit fee by May 1st of the same calendar year. The following must be submitted by May 1st and are required before the City will issue a fireworks sale permit:

1. Retail Fireworks License from the CA State Fire Marshal.

2. CA State Board of Equalization Seller's Permit.

3. Proof of $1,000,000 in general liability insurance naming the City as certificate holder, containing an attached separate endorsement to the policy naming the City as an additional insured, and indicating that a 30-day advance notice will be given to the City prior to cancellation or material change of the policy.

4. An approved booth location.

5. City of Dixon Business License.

6. Payment of fireworks sales permit fee in an amount established by City Council resolution.

If the selected applicant does not satisfy the requirements above by the May 1st deadline, the selected applicant's permit will be offered to another applicant randomly selected by the Enforcement Officer from the same category. In the event there are no remaining applicants in the category, the Enforcement Officer shall randomly select from the remaining applicants in all categories. The newly selected applicant must satisfy the requirements above within 30 days of selection.

B. Groups who desire to partner in the operation of a fireworks stand may do so. The partner groups must be selected at the time of permit issuance. All groups operating as partners must have been original applicants in the lottery process, and all groups must meet the requirements of section 9.02.050, Prerequisites for Issuance of Sales Permit, of the Dixon Municipal Code.

C. The Enforcement Officer, upon satisfaction that the applicant met the requirements, may grant a permit, subject to any other conditions deemed necessary for the public's health, safety, and general welfare.

D. The permit issued shall only be valid for the organization named, the premises or address indicated, and for the dates specified on the permit. Permits issued pursuant to this chapter are valid only during the period specified on the permit in the calendar year issued. The permit shall not be transferable, assignable, or renewable.

E. The permittee shall comply with all state and local regulations and laws for the transportation and storage of fireworks to be sold, used, or displayed.

F. The sale of fireworks may begin no earlier than 12:00 noon on June 28 and may be sold daily thereafter from 9:00 a.m. to 10:00 p.m. and shall cease by 10:00 p.m. on July 4 of the same calendar year. All unsold stock shall be removed from the location no later than 12:00 noon on July 6 of the same calendar year.

(Ord. 26-001, 1/6/2026)

A. Any applicant who is issued a City permit to operate a temporary stand for the sale of fireworks shall abide by and comply with all the regulations, laws, requirements, conditions, and restrictions set by state and local regulations and laws, including but not limited to:

1. No person other than the official members of the permitted organization shall sell or otherwise participate in the sale of fireworks at the stand.

2. No person other than the permitted organization shall operate the stand or participate in the profits of the operation of the stand.

3. No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at the stand. Compensation may be paid for licensed security personnel.

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

5. No person under the age of eighteen (18) shall be sold or given fireworks.

6. All retail sales of safe and sane fireworks shall be conducted only within the permitted temporary fireworks stand; sale from any other building or structure is prohibited.

7. The sale of other items or commodities in conjunction with the sale of safe and sane fireworks is strictly prohibited.

8. No fireworks shall be placed in any fireworks stand until a permit for the stand has been issued by the City.

9. Fireworks shall be stored, handled, and displayed only in closed packages. This provision shall not be interpreted to exclude the sale of individual safe and sane fireworks items.

10. "NO SMOKING" signs with letters at least four inches high shall be prominently displayed on all sides and in the stand. Smoking shall be prohibited within 50 feet of the stand.

11. No person shall light, cause to be lighted, or permit to be lighted any safe and sane fireworks or combustible material within 50 feet of any stand.

12. Each stand shall be equipped with two fire extinguishers approved by the City, in good working order and easily accessible for use in case of fire.

B. Fireworks stands must comply with the requirements of section 18.19.160, Temporary Uses, of the Dixon Municipal Code.

C. Overnight storage of fireworks shall only be allowed in two ways:

1. The permittee may store fireworks in an enclosed cargo container; or

2. The permittee may keep the fireworks in the fireworks stand overnight on the condition that there is at least one competent, nonsleeping adult present at all times.

D. No fireworks stand shall be operated in any way that creates or permits a fire nuisance to exist. "Fire nuisance" means anything or any act which increases, or may cause, the hazard or menace of fire, or which may obstruct, delay or hinder, or may become the cause of any obstruction, delay or hindrance, to the prevention or extinguishment of fire. The Enforcement Officer shall have the authority to determine that a fire nuisance exists.

E. Each stand must post in a prominent place inside the stand its City-issued fireworks sales permit, its temporary sales tax permit from the California State Board of Equalization, its State Fire Marshal retail sales permit, proof of its required insurance, and any other permit or sign required by state or local regulations or laws.

F. Should the dates and times allowed by the State Fire Marshal exceed the dates and times set by the Dixon Municipal Code, all permittees shall comply with the City's jurisdictional regulations.

(Ord. 26-001, 1/6/2026)

On or before November 1st of any calendar year during which a nonprofit organization received a fireworks sales permit, the nonprofit organization must submit to the City Clerk a copy of the most recent report filed by the nonprofit organization with the State Board of Equalization. The filing of this report shall be a condition precedent to the granting of any subsequent fireworks sales permit.

(Ord. 26-001, 1/6/2026)

The Enforcement Officer or anyone designated by the Enforcement Officer may act as inspecting officer and may revoke, immediately and without notice or hearing, the permit of any permittee where a fire nuisance exists, where personal injury may occur, or where there is any other violation of this Chapter.

A. If the revocation occurs between June 22 and July 4 (inclusive), the inspecting officer shall inform the permittee that the permittee may seek review of the inspecting officer's decision by the City Manager, or the City Manager's designee, on the next business day. At the earliest opportunity on the next business day after the revocation, the inspecting officer shall provide the City Manager, or the City Manager's designee, with written notice that a fireworks permit has been revoked, including the name of the permittee and a brief statement of the grounds for revocation. The City Manager, or the City Manager's designee, shall meet with the permittee and the inspecting officer on that day, upon the permittee's request, to review the inspecting officer's decision. The decision of the City Manager, or the City Manager's designee, shall be final.

B. If the revocation occurs before June 22 or after July 4, the following appeal procedures shall apply. Such revocation shall take effect five (5) days after the inspecting officer verbally notifies the permittee of its violation, during which time the permittee may seek review of the inspecting officer's decision by submitting a written request for review to the City Manager, or the City Manager's designee. The inspecting officer shall provide the City Manager, or the City Manager's designee, with written notice that a fireworks permit violation has occurred for which the permit shall be revoked within five days, including the name of the permittee and a brief statement of the grounds for revocation. Upon request of the permittee, the City Manager or the City Manager's designee shall meet with the permittee and the inspecting officer to review the inspecting officer's decision. The decision of the City Manager, or the City Manager's designee, shall be final.

(Ord. 26-001, 1/6/2026)

A. Possession or Use of Safe and Sane Fireworks Temporarily Permitted. Notwithstanding any provisions of this chapter to the contrary, the possession of safe and sane fireworks shall be lawful only during the period of 12:00 noon on June 28 through 12:00 noon on July 6 of the same calendar year, provided, however, that it shall be unlawful to possess any modified or altered safe and sane fireworks. It shall be unlawful to use or discharge any safe and sane fireworks except between the hours of 9:00 a.m. and 11:00 p.m. on the days on which said safe and sane fireworks may be possessed.

B. Distance from Others. It shall be unlawful to throw, toss, project or position an ignited firework of any kind in such a manner as to cause the firework or contents thereof to come in contact with another person's body, private property, or real property.

C. Property Owner Consent. It shall be unlawful to ignite or otherwise use any safe and sane fireworks, or permit the discharge thereof, upon, over, or onto the property of another without the property owner's consent.

D. Distance from Dwellings. Safe and sane fireworks shall not be ignited or used within ten (10) feet of any residence, dwelling or other structure used for human habitation.

E. Distance from Gasoline or Other Flammable Liquids. Safe and sane fireworks shall not be ignited or used within one hundred (100) feet of a location where gasoline or any other flammable liquids are stored or dispensed.

F. City Property. It shall be unlawful to discharge fireworks of any type on City property, including but not limited to parks, recreation areas, or parking lots. Discharge on a City street in a residential zone is permitted so long as it does not impede or block the movement of traffic, except that discharge shall not be permitted on the following streets: North First Street, South First Street/State Route 113, East A Street and West A Street. Notwithstanding the foregoing, it shall be lawful to discharge safe and sane fireworks in any portion of a City park that is officially designated by the Enforcement Officer as a safe and sane fireworks discharge area.

(Ord. 26-001, 1/6/2026)

Any person, irrespective of age, found in violation of any provision of this Chapter may be issued a citation in accordance with the provisions of this Chapter. Any person having the care, custody or control of a minor (under 18 years old) shall be strictly liable for permitting such minor to discharge, explode, fire or set off any safe and sane fireworks unless such minor does so under the direct supervision of a person over 18 years of age and during the hours and on the days permitted by this Chapter. Every parent, guardian or other person, having the legal care, custody or control of any person under the age of 18 years, who knows or reasonably should know that a minor is in violation of this chapter, may be issued a citation in accordance with the provisions of this Chapter, in addition to any citation that may be issued to the offending minor.

(Ord. 26-001, 1/6/2026)

A. Any social host shall be strictly liable for permitting, allowing, or promoting the possession, storage, sale, use, or discharge of fireworks in violation of this Chapter on any property, adjacent right-of-way, or other areas under their control, except that 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 a violation of this section occurring in the common area of the property unless the person hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering at which the violation occurs. Liability attaches where the host knew or reasonably should have known that such fireworks activity was occurring on the property under their control. Where the social host was present during the violation, it shall be presumed that the social host knew or reasonably should have known of the violation.

B. No social host shall permit or allow another person on private property or at a gathering on public property where the host knows or reasonably should know that the person is engaged in a violation of this Chapter.

C. No violation shall be deemed to occur, and the provisions of this social host liability section shall not apply to:

1. Conduct involving display, use, or discharge of fireworks as permitted under federal or state law; or

2. A social 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.

(Ord. 26-001, 1/6/2026)

Wholesale storage of safe and sane fireworks by fireworks importers/distributors is not allowed in the City.

(Ord. 26-001, 1/6/2026)

The Enforcement Officer or anyone designated by the Enforcement Officer to act as inspecting officer may seize, take, remove or cause to be removed, at the expense of the permittee or licensed fireworks wholesaler, whichever is applicable, all stock 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. 26-001, 1/6/2026)

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

(Ord. 26-001, 1/6/2026)

A. Administrative penalties may be imposed against any person for violating any of the requirements set forth in this Chapter. Administrative citations shall be issued pursuant to Chapter 1.07, Administrative Citations, of the Dixon Municipal Code.

1. The administrative citation penalty for all violations of this Chapter shall be one thousand dollars ($1,000.00) per violation. Each violation of this Chapter shall be a separate violation. In addition, each discharge of a firework in violation of this Chapter shall be a separate violation; and as a result, subject to administrative penalties in the amount of $1,000.00 per discharge of a firework in violation of this Chapter.

2. The imposition of administrative fines related to dangerous fireworks under this Chapter shall be limited to persons who possess, sell, use and/or display, or the seizure of 25 pounds or less (gross weight) of such dangerous fireworks.

3. Administrative fines collected pursuant to this Chapter related to dangerous fireworks shall be subject to Cal. Health & Safety Code § 12726, which section provides that 65 percent of all administrative fines or penalties collected by the City shall be forwarded to the Controller of the State of California for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund, as described in Cal. Health & Safety Code § 12728.

4. Administrative fines collected pursuant to this Chapter related to dangerous fireworks shall not be subject to Cal. Health & Safety Code § 12706.

5. In addition to any other remedy allowed by law, anyone who violates this Chapter is subject to all remedies available pursuant to the Dixon Municipal Code. Violations of this Chapter are declared to be a public nuisance. Anyone who violates this Chapter shall be liable for all the costs incurred by the City, including but not limited to response costs relating to the violation. Any fines pursuant to this Chapter, if delinquent, may be recoverable by property lien or special assessment.

(Ord. 26-001, 1/6/2026)

Anyone cited under this Chapter may appeal the violation(s) and the issued administrative citation(s) by filing a request for hearing pursuant to Chapter 1.07, Administrative Citations, of the Dixon Municipal Code. Chapter 1.07, Administrative Citations, shall govern the hearing and the appeal of any such citation(s).

(Ord. 26-001, 1/6/2026)