Earlier editions: 2026-09
Duarte Municipal Code Ch. 15.05 Fireworks
Duarte Municipal Code · 2026-10 edition · updated 2026-10-04 · Duarte
Cite as: Duarte Municipal Code Chapter 15.05 · Text as of 2026-10-04
Footnotes:
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Editor's note— Ord. No. 25-02, § 2, adopted April 22, 2025, repealed the former Ch. 15.05, §§ 15.05.010—15.05.110, and enacted a new Ch. 15.05 as set out herein. The former Ch. 15.05 pertained to similar subject matter and derived from Ord. 234 § 1 (part), 1968; Ord. 249 (part), 1969; Ord. 345 §§ 1—7, 1973; Ord. 580 § 1, 1983; Ord. 592 §§ 1, 2, 1984; Ord. 610 § 1, 1985; Ord. 781 § 1 (part), 2006; Ord. 810 § 1, 2008; Ord. No. 854, § 1, adopted November, 25, 2014 and Ord. No. 888, § 2, adopted December 11, 2018.
15.05.010 - Purpose and intent.¶
It is the City's responsibility to promote the health, peace, safety, and welfare of all persons within the City. Safe and sane fireworks and dangerous fireworks pose a serious risk to the public's safety given the risk of severe bodily injury, property damage and loss, and fire concerns. To protect against these risks, the City must place restrictions on the sale, possession, and use of all fireworks.
(Ord. No. 25-02, § 2, 4-22-2025)
15.05.020 - Definitions.¶
The following words and phrases, wherever used in this Chapter shall be construed as follows:
"Dangerous fireworks" shall mean "dangerous fireworks" as defined in California Health and Safety Code Sections 12505 and 12561, and the relevant sections of Title 19, California Code of Regulations, and Subchapter 6, which are hereby incorporated by reference.
"Enforcement officer" means any officer charged with enforcement of any provision of this Code.
"Fireworks" shall refer to "safe and sane fireworks" and "dangerous fireworks" collectively.
"Safe and sane fireworks" shall mean "safe and sane fireworks" as set forth in California Health and Safety Code Sections 12529 and 12562 and the relevant sections of Title 19, California Code of Regulations, Subchapter 6, which are hereby incorporated by reference, as those provisions may be amended from time to time.
(Ord. No. 25-02, § 2, 4-22-2025)
15.05.030 - Prohibition against the sale, possession, and use of fireworks.¶
(a) Safe and sane fireworks. Except as otherwise provided in this Chapter, the sale, use, or possession with the intent to use or otherwise discharge safe and sane fireworks within the City is prohibited. The enforcement officer is responsible for determining intent to use or otherwise discharge the safe and sane firework(s) and may analyze a variety of factors to establish such intent, including but not limited to: place, time, and date of possession, possession of sources of ignition, possession or presence of previously discharged fireworks, and past violations.
(b) Dangerous fireworks. Except as otherwise provided in this Chapter, the sale, possession, or use of any dangerous fireworks within the City is prohibited.
(c) Any property owner or person in control of property who allows a person to sell, offer to sell, or discharge any fireworks that are not expressly permitted by this Chapter on such property shall be in violation of this Chapter, irrespective of such person's intent, knowledge or negligence, said violation hereby being expressly declared a strict liability offense.
(Ord. No. 25-02, § 2, 4-22-2025)
15.05.040 - Public fireworks displays.¶
Notwithstanding any other provision of this Chapter, the City Council, in its discretion, may grant permits for public displays of fireworks under the supervision of the fire chief and/or the fire chief's designee. Applications for such permits shall be filed with the fire chief not less than ten days before such public display and shall be accompanied by a detailed statement of the items of such proposed display. If such permit is granted, no items shall be displayed except as are contained in such statement and the City Council may, in granting such permit, eliminate from the statement such items as it deems hazardous and it is unlawful for the grantee of such permit to exhibit or display such eliminated items. The fee for such permit shall be determined by the City Council via resolution.
(Ord. No. 25-02, § 2, 4-22-2025)
15.05.050 - Penalties for violations.¶
(a) Whenever an enforcement officer determines that a violation of this Chapter has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation pursuant to the following:
(1) Safe and sane fireworks. Administrative citations issued pursuant to this Chapter for violations relating to safe and sane fireworks shall carry administrative fines of one thousand dollars per incident of violation of this Chapter.
(2) Dangerous fireworks. The imposition of fines for violations of this Chapter relating to dangerous fireworks shall be limited to persons who sell, possess, use and/or display less than twenty-five pounds (gross weight) of such dangerous fireworks. Violations relating to dangerous fireworks shall carry administrative fines and disposal charges to be reimbursed to the State Fire Marshal for dangerous fireworks seized by the City as set forth below.
| Number of Offenses in a One-Year Period | Amount of Administrative Fine | Disposal Charge | Total Amount of Fine (Not Including Any Late Charges or Interest) |
|---|---|---|---|
| First | $1,250.00 | $250.00 | $1,500.00 |
| Second | $4,000.00 | $1,000.00 | $5,000.00 |
| Third | $8,000.00 | $2,000.00 | $10,000.00 |
(b) Causing, aiding, abetting, or permitting a violation of any provision of this Chapter shall also constitute a violation of this Chapter.
(c) Violations of this Chapter may also be cited as criminal misdemeanor violations in accordance with Chapter 1.04.
(d) Any violation of this Chapter is deemed to be a public nuisance and may be abated pursuant to any provisions in this Code and all applicable laws.
(e) Each and every incident or portion thereof, during which a violation of any provision of this Code is committed, continued, or permitted shall constitute a new and separate offense. The City may enforce any violation of this Code by any and all means available by law, including but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement.
(f) These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.
(Ord. No. 25-02, § 2, 4-22-2025)
15.05.060 - Provisions supplementary.¶
The provisions of this Chapter are supplementary to the provisions of the fire code of the County of Los Angeles adopted by reference in Chapter 15.04 and as may be amended from time to time. In case of direct conflict between the provisions of the fire code of the county and the provisions of this Chapter, the provisions of this Chapter shall prevail. Except with respect to such direct conflict, the provisions of the fire code of the county shall remain in full force and effect.
(Ord. No. 25-02, § 2, 4-22-2025)
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