Downey Municipal Code Ch. 5 Fireworks

With exceptions where the Downey Municipal Code regulations are more stringent, the California Health and Safety Code Sections 12500 through 12726 is adopted as a reference for fireworks regulations.

(Added by Ord. 1224, 12-14-07; amended by Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)

For the purpose of this chapter, the most current adopted California Health and Safety Code Sections 12500 through 12534 will define the terms used unless the context clearly requires otherwise or unless otherwise defined herein.

"Social Host"

shall mean:

(1)

Any owner of private property;

(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; and/or

(3)

Any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering of two or more people on public or private property.

"Spectator"

shall mean any person who is within 200 feet of a fireworks discharge for the purpose of viewing, observing, watching, or witnessing the fireworks discharge.

(Added by Ord. 1062, 3-22-99; amended by Ord. 1162, 5-25-04; Ord. 1224, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026; Ord. 26-1545, 6/23/2026)

Fireworks shall only be discharged within the City boundaries between 3:00 p.m. and 10:00 p.m. on July Fourth. Only fireworks approved as “Safe and Sane” by the State Fire Marshal will be allowed to be discharged without a permit issued by the Fire Chief. It shall be unlawful to discharge fireworks at any other time or date of the year.

Exception: Displays presented by licenses pyrotechnic operators with appropriate permits issued by the Fire Department.

(Added by Ord. 1062, 3-22-99; amended by Ord. 1101, 8-22-01; Ord. 1162, 5-25-04; Ord. 1224, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)

The discharge of “Safe and Sane” fireworks shall be in the presence of a responsible adult (minimum age of 18). Possession of any fireworks by anyone under the age of 18 is a violation of this Code. The transfer or sale of fireworks from unlicensed individuals is strictly prohibited.

(Added by Ord. 1062, 3-22-99; amended by Ord. 1162, 5-25-04; Ord. 1224, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)

A. Anyone found in possession or to be discharging fireworks deemed dangerous as defined in Section 12505 of the California Health and Safety Code shall be in violation of this Code.

B. Anyone found is possession or discharging altered “Safe and Sane” fireworks, as defined in Section 12529 of the California Health and Safety Code, in a manner contrary to their intended use within the City shall be in violation of this Code.

C. Any fireworks found in either Subsection (a) or (b) above will be confiscated and properly disposed of by the Fire Department with the appropriate charges being borne by the violator.

(Added by Ord. 1062, 3-23-99; amended by Ord. 1137, 11-26-02; Ord. 1162, 5-25-04; Ord. 1224, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)

No person shall discharge any fireworks upon any City property or public right-of-way without the approval of the Fire Chief.

(Added by Ord. 1137, 11-26-02; amended by Ord. 1162, 5-25-04; Ord. 1224, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)

Except as hereinafter provided, it shall be unlawful for any person to store any fireworks or to offer for sale, display for sale, or sell at retail any fireworks within the City without a valid permit.

(Added by Ord. 543, 5-23-78; amended by Ord. 1062, 3-23-99; Ord. 1162, 5-25-04; Ord. 1224, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)

Note: Former § 3507, derived from Ord. 543; Ord. 1162; was repealed by Ord. 1224, 12-14-07.

(a) Prohibition.

(1) Social Host. It is unlawful and a public nuisance for any social host to cause, allow, permit, suffer, or otherwise fail to prevent the unlawful possession, storage, sale, use, ignition, display, or discharge of fireworks on the social host's property, an immediately adjacent public or private street or sidewalk, or any other immediately adjacent public right-of-way.

(2) Spectator. It is unlawful and a public nuisance for any person to be knowingly present as a spectator during an unlawful discharge of fireworks.

(b) Strict Liability. Social hosts shall be strictly liable for any offense under this section and, as such, the social host need not be present at the time of, nor have prior knowledge of, the unlawful possession, storage, sale, use, ignition, display, or discharge of fireworks.

(c) Exemptions. The prohibitions under this section shall not apply to:

(1) A social host who initiates contact with the Police Department or Fire Department to report the unlawful conduct and, thereafter, assists in terminating the gathering and/or the unlawful conduct in order to comply with this chapter, if the request for assistance is made before any other person contacts the Police Department or Fire Department about the violation of this section.

(2) Any owner of private real property who affirmatively demonstrates that, at the time of the violation:

(i) The real property was subject to a lease or rental agreement to another person, and the property owner has provided sufficient information to law enforcement to identity and to contact the renter/lessee or other responsible party;

(ii) The owner was not present at the real property; and

(iii) The owner had no prior knowledge (actual or constructive) of the violation.

(A) The owner shall be deemed to have had prior constructive knowledge of the violation unless the owner demonstrates that the owner took all reasonable steps to prevent the unlawful conduct, including, but not limited to, explicitly prohibiting the unlawful possession, use, and/or discharge of fireworks in any lease or rental agreement; ensuring active supervision of any gatherings at the real property and intervening if any unlawful fireworks activities occur; and contacting the Downey Police Department and/or Fire Department prior to any response by law enforcement, fire officials, or other emergency response service regarding unlawful fireworks activities at the real property.

(3) Any person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract when the possession, storage, sale, use, ignition, or discharge of fireworks occurs in a common area of the property, and:

(i) The person did not organize, supervise, or accept responsibility for the gathering at which the unlawful conduct occurs;

(ii) The person did not cause, permit, allow, facilitate, promote, or instigate the unlawful conduct; or

(iii) The person was not a spectator at the unlawful discharge of the fireworks.

(4) Instances where the possession, storage, sale, use, ignition, or discharge of fireworks adheres to applicable local, State, and Federal laws.

(d) Administrative Fine. In any instance where the City elects to issue an administrative citation (pursuant to Article I, Chapter 4 of this Code) to a social host or spectator, the amount of the fine shall be the same as that set by City Council Resolution for the unlawful conduct for which the person was a social host or spectator, unless set otherwise by City Council Resolution.

(Added by Ord. 26-1545, 6/23/2026)

Applications for sales permits and award of such permits shall be governed by the provisions of a resolution for such purpose to be adopted by the City Council and shall further be subject to other provisions of the Fire Code as amended.

(Added by Ord. 543, 5-23-78; amended by Ord. 581, 2-13-79; Ord. 589, 4-24-79; by Ord. 787, 3-02-85; Ord. 1062, 3-23-99; Ord. 1162, 5-25-04; Ord. 1224, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)

The following qualifications shall be met each year by each applicant for a sales permit for fireworks:

A. Permits may be issued to any nonprofit association or corporation organized primarily for veteran, patriotic, welfare, religious, civic betterment, or charitable purposes which has been issued a tax-exempt certificate as required under the Revenue and Taxation Code of the State or a group which is an integral part of a recognized national organization having such a tax-exempt status.

B. Each such organization shall have its principal and permanent meeting place in the City, shall have been organized and established in the City for a minimum of two years continuously preceding the filing of the application for the permit, and shall have a bona fide membership of at least 25 members.

C. No City employee organization may be granted such permit.

D. Completed applications for fireworks sales will be submitted to the Fire Department no later than October 1st of the year preceding the July 4th holiday to which the sales are to occur.

E. A financial statement signed by the treasurer or financial officer of the applicant setting forth the total gross receipts from each stand from which fireworks were sold, all expenses incurred and paid in connection with the purchase of fireworks and the sale thereof, and to whom and for what purpose the net proceeds were disbursed, along with the most recent report filed by the applicant to the State Board of Equalization, shall be filed with the Fire Department as part of the fireworks sale stand permit application package by no later than October 1st of the year preceding the July 4th holiday to which the sales are to occur. Such statements shall be made on forms furnished by the Director of Finance.

F. The filing of such financial statement shall be a condition precedent to the granting of any subsequent permit to any such permittee.

G. Organizations licensed to sell fireworks shall obtain a temporary sales permit for the City from the regional office of the State Board of Equalization.

(Added by Ord. 543, 5-23-78; amended by Ord. 581, 2-13-79; Ord. 1062, 3-23-99; Ord. 1137, 11-26-02; Ord. 1162, 5-25-04; Ord. 1224, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)

A. No one organization may receive more than one permit for fireworks sales during any one calendar year. This limitation shall not apply to groups which have separate charters from parent organizations. The maximum number of permits which may be issued pursuant to this chapter during any one calendar year shall not exceed 18.

B. Each year a lottery drawing will be performed on the first Wednesday of November to select the fireworks stand permittees from the group of permit applications. Permit applicants must be present at the time and place of the lottery drawing. All qualified groups will have an equal opportunity. Failure of applicant(s) to attend the lottery meeting will result in the denial of their sales permit application.

C. Previous applicants found in violation of the Downey Fire Code or any fireworks related code provisions will not be eligible for a firework sales permit the following year.

(Added by Ord. 1137, 11-26-02; amended by Ord. 1162, 5-25-04; Ord. 1224, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)

Prior to the installation of any stand for which a permit has been requested, the Chief of Police shall have the authority to disapprove the location if, in his opinion, a traffic hazard will be created; the Fire Chief shall have the authority to disapprove the location if, in his or her opinion, a fire hazard will be created; and the City Planner shall have the authority to disapprove the location if it is in conflict with the zoning provisions of this Code.

A. A minimum distance of 500 feet shall be required between stands. No more than two stands shall be permitted on any single parcel of property, with a separation of 500 feet. Such distance requirements may be waived if the stands are located on opposite sides of major arterial highways.

(Added by Ord. 543, 5-23-78; amended by Ord. 1062, 3-23-99; Ord. 1162, 5-25-04; Ord. 1224, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)

It shall be unlawful for any person or group to operate a fireworks stand without complying with all of the following:

A. No person other than the permittee organization shall operate the stand for which the permit is issued or share or otherwise participate in the profits of the operation of such stand.

B. No person other than the individuals who are adult members of the permittee organization, or the spouses or adult children of such members, shall sell or otherwise participate in the sale of fireworks at such stands. In the event a permit is issued to an organization whose members are physically incapable of carrying on the sales activities, such activities may be performed by volunteers approved by the Fire Chief.

C. No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at such stands, except the hiring of a night watchman.

D. Fireworks may be sold at approved stands only.

E. No person shall be allowed in the interior of the stands, except those directly employed in the sales of fireworks or those conducting bona fide business within.

F. All persons engaged in the selling of fireworks shall be age 18 years or older.

G. Each stand shall have an adult watchman in attendance and in charge thereof when the stand is not being used for the sale and dispensing of fireworks. No person shall be permitted within the stand from 10:00 p.m. to 10:00 a.m., except on July 4 when the stand may be occupied until 12:00 midnight.

H. The sale of fireworks shall only be allowed between the hours of 12:00 noon and 10:00 p.m. on July 1st and July 2nd, 10:00 a.m. and 10:00 p.m. on July 3rd, and 8:00 a.m. and 8:00 p.m. on July 4th.

I. All unsold stock and accompanying litter shall be removed from the location by 5:00 p.m. on July 5th.

J. No fireworks shall be sold to any person under the age of 18 years.

K. No unsold stock may be relocated to, stored, or otherwise kept at a place of habitation.

(Added by Ord. 543, 5-23-78; amended by Ord. 581, 2-13-79; Ord. 1062, 3-23-99; Ord. 1101, 8-22-01; Ord. 1162, 5-25-04; Ord. 1224, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)

It shall be unlawful for any person to sell or otherwise distribute fireworks without complying with all of the following provisions:

A. All stands will be inspected by the Fire Department and/or the Building Department and found to meet the adopted Codes of the City of Downey before any sales transactions may occur.

B. All stands shall be erected according to the provisions of all applicable City Codes and laws, except for fire resistive structural requirements which may be waived by the Building Official.

C. If, in the judgment of the Fire Chief or the Building Official, the construction of the stands or the conduct of the operations therein do not conform to the provisions of this chapter or there exists an immediate hazard to the public health and safety, such officers, or either of them, may order the stands immediately closed.

D. The front of the fireworks stands shall be completely enclosed from the counter to the roof with hardware wire cloth, the openings of which shall not exceed one-fourth inch in size, except for openings to permit the delivery of merchandise to the prospective customer, which openings shall not be larger than 12 inches by 18 inches in size.

E. All merchandise shall be stored or displayed at a distance of not less than one foot from the front and side walls of the stands.

F. Approval shall be obtained from the Department of Building and Safety for each stand prior to its construction. Portable electrical supply will require special approvals.

G. No stand shall be constructed which has a depth of more than 12 feet.

H. Each stand up to 30 feet in length shall have at least two exits, and each stand in excess of 30 feet in length shall have at least three exits spaced approximately equidistant apart; provided, however, in no case shall the distance between exits exceed 24 feet.

I. Exit doors shall swing in the direction of egress.

J. Exits shall be so arranged that there will be egress available in at least two directions from any place within the stands, and exits shall be located at opposite ends of the stands.

K. All stands shall be equipped with two water pressure type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case of fire.

L. No stand shall be placed closer than 10 feet to a public way, unless permission is first obtained from the Public Works Department.

M. No stand shall be placed closer than 20 feet to a side or rear property line, nor closer than 30 feet to any other building or structure, nor closer than 100 feet to a gasoline service station or other occupancy which stores or uses flammable liquids.

N. All weeds and combustible material shall be cleared from the location of the stand for a distance of at least 20 feet surrounding the stand.

O. Fireworks stands shall not be erected prior to June 24th and shall be removed from the location by 12:00 noon on July 11th, and all accompanying litter shall be cleared from such location by such time and date.

P. “No smoking” signs shall be prominently displayed on the exterior or each stand, and no smoking shall be permitted within 10 feet of any stand.

Q. Licenses to sell fireworks and temporary sales tax permits shall be displayed in a prominent place in the fireworks stand.

R. Approved rubbish containers in accordance with City standards shall be provided at each stand location.

(Added by Ord. 543, 5-23-78; amended by Ord. 581, 2-13-79; Ord. 1062, 3-23-99; Ord. 1162, 5-25-04; Ord. 1224 § 5, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)

Storage of explosive materials is prohibited within the limits established in this section, as the limits of districts in which such storage is prohibited. In districts where the storage of explosive materials is permitted the quantities of explosives and distances shall be in accordance with 2021 International Fire Code Sections 5601.8.1 and 5601.8.1.1.

The storage of explosives and blasting agents is prohibited in the following areas: In zones as shown on City of Downey house numbering maps as C-1, C-2, C-3, CP, HM, R-1, R-2 and R-3.

(Added by Ord. 753, 6-12-84; repealed and amended by Ord. 893, 8-08-89; Ord. 1009, 12-12-95; Ord. 1162, 5-25-04; Ord. 1224 § 5, 12-14-07; Ord. 1295, 11-22-11; Ord. 1331, 5-13-14; Ord. 1371, 1-24-17; Ord. 20-1424, 2-11-20; Ord. 22-1490, 11-10-22; Ord. 26-1538, 1/27/2026)

(a) In addition to any fines or penalties which may otherwise be applicable for violations of this chapter, the City shall be entitled to recover from any person found to be in violation of any provision of this chapter, the City's full emergency response costs.

(b) For purposes of this section, "emergency response costs" shall mean those reasonable and necessary costs directly incurred by the City for responding to incidents involving the unlawful possession, storage, and/or discharge of fireworks and shall include the cost of providing police, fire, and/or other emergency response services at the scene, including, but not limited to:

(1) Salaries and benefits of law enforcement and/or emergency service personnel for the full amount of time responding to, remaining at, or otherwise addressing such unlawful conduct, and the administrative costs attributable to such responses;

(2) The cost of any medical treatment to or for any law enforcement or emergency service personnel while responding to, remaining at, or leaving the scene;

(3) The cost of the use of any City equipment used in responding to, remaining at, or leaving the scene of any unlawful possession, storage, sale, use, ignition, or discharge of fireworks; and

(4) The cost of repaying any City equipment or property damaged while responding to, remaining at, or leaving the scene of any unlawful possession, storage, sale, use, ignition, or discharge of fireworks.

(c) A criminal conviction is not required for establishing a person's responsibility for emergency response costs.

(d) The City Manager is authorized to promulgate Rules and Regulations for the administrative assessment and collection of emergency response costs. Such Rules and Regulations shall, at a minimum, require that the responsible party be provided with an accounting of the emergency response costs the City is seeking, and an opportunity to challenge the assessment.

(e) Nothing in this section shall limit or restrict the City from obtaining restitution or reimbursement for emergency response costs in any administrative, civil, or criminal proceeding as otherwise allowed by law.

(Added by Ord. 26-1545, 6/23/2026)