Dublin Municipal Code Ch. 5.24 Fireworks

For the purpose of this chapter, the following definitions shall apply:

The words and phrases “fireworks” and “safe and sane fireworks” shall have the respective meanings ascribed to them in California Health and Safety Code Section 12500 et seq.

“Social host”

means a person who is either:

A.

Any owner of private property as listed on the most recent assessment roll;

B.

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

C.

Any person who hosts, organizes, supervises, officiates, conducts, sponsors, or is otherwise in charge of a gathering on public or private property and, if such person is a minor, then that person’s parents or legal guardians.

(Ord. 10 § 1, 1982; Ord. 1-12 § 1 (part); Ord. 18-12 § 1 (part); Ord. 04-26, 4/7/2026)

A. The manufacture of fireworks is prohibited within the jurisdiction.

B. No person shall possess, sell, deliver, deal in, use, explode or fire, or cause to be used, exploded or fired, any form of fireworks designated as “dangerous fireworks” by California Health and Safety Code Section 12505.

C. The possession, sale, delivery, dealing in, use, exploding or firing of any form of fireworks designated as “safe and sane fireworks” by California Health and Safety Code Section 12529 is expressly permitted, except as limited by this chapter.

(Ord. 10 § 2, 1982; Ord. 1-12 § 1 (part); Ord. 18-12 § 1 (part); Ord. 04-26, 4/7/2026)

Nothing in this chapter shall be construed as prohibiting the use of torpedoes, flares, or fuses by transportation agencies for signal purposes of illumination; or the sale or use of blank cartridges for ceremonial purposes, athletic, or sports events or military ceremonials or demonstrations; or the sale, discharge or display of fireworks by permittees having a permit as hereinafter provided; or the transportation of fireworks through the city in regular course, and in original packages or containers from any point outside the city to any other point outside the city.

(Ord. 10 § 3, 1982; Ord. 1-12 § 1 (part); Ord. 18-12 § 1 (part); Ord. 04-26, 4/7/2026)

A. Any person desiring to hold a public display of fireworks within the city shall submit an application for permit to the office of the city’s Fire Chief at least two months prior to the event. In the event a permit is granted, sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.

B. The Fire Chief shall have power to adopt reasonable rules and regulations for granting of permits for supervised public displays of fireworks by a jurisdiction, fair association, amusement park or other organization for the use of fireworks by artisans in pursuit of their trade. Every such use or display shall be handled by a competent operator approved by the Fire Chief and shall be of such character and so located, discharged or fired as in the opinion of the Fire Chief shall not be hazardous to persons or property.

C. The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the Fire Chief for the payment of all damages which may be caused to a person or persons or to any property by reason of the permitted display and arising from any acts of the permittee, his agents, employees or subcontractors. By accepting a permit, permittee agrees to indemnify and hold the city harmless from any such damages.

D. All fireworks that remain unfired after the display is concluded shall be immediately disposed of in an approved manner for the particular type of fireworks remaining.

(Ord. 10 § 4, 1982; Ord. 2-89 § 1(a); Ord. 2-99 §§ 3A, 3B; Ord. 1-12 § 1 (part); Ord. 18-12 § 1 (part); Ord. 04-26, 4/7/2026)

The maximum number of permits to sell safe and sane fireworks which may be issued pursuant to this chapter during any one calendar year shall not exceed one permit per each 3,000 residents of the city of Dublin. The number of residents shall be based on population estimate data available from the California Department of Finance at the time of the random drawing. The most recent estimate of total city population will be adjusted by subtracting the most recent estimate of the group quarters population to equal the estimated household population. If the number of applications received up to and including the last day for making applications pursuant to this chapter exceeds the number of permits to be issued for the city, the Fire Chief shall immediately thereafter supervise an impartial drawing to determine an order of priority for each application.

(Ord. 10 § 5, 1982; Ord. 5-96 § 1 (part); Ord. 1-12 § 1 (part); Ord. 18-12 § 1 (part); Ord. 04-26, 4/7/2026)

A. No permit to sell safe and sane fireworks shall be issued to any person except nonprofit organizations with an active 501(c)(3) status or corporations which have obtained tax exempt status from the State Franchise Tax Board under Revenue and Taxation Code Section 23701b, 23701d, 23701f, 23701g, or 23701l. Only one organization per ID number shall apply. Proof shall be provided at application.

B. Each such organization must have its principal and permanent meeting place in the city limits and must maintain a bona fide membership of at least 20 Dublin resident members, and must have been organized and established within the city for a minimum of one year continually preceding the filing of the application for the permit.

C. Each such organization must have an active business license within the city of Dublin at the time of application.

D. Each such organization must serve, in whole or in part, the Dublin community and its residents and must pledge to reinvest a portion of the proceeds from its sale of fireworks for the benefit of the Dublin community and its residents.

(Ord. 10 § 6, 1982; Ord. 1-12 § 1 (part); Ord. 18-12 § 1 (part); Ord. 04-26, 4/7/2026)

A. Any nonprofit organization desiring to sell or to offer for sale safe and sane fireworks shall first make a written application to the Fire Chief for a permit to sell fireworks at a fireworks stand.

B. Every application for a permit shall be accompanied by a fee in an amount as fixed by the City Council by resolution to cover reasonable costs of investigation and administration. If the application is denied for any reason, one-half of said fee shall be refunded.

C. The application shall state the name of the applicant, the address of the organization, and its principal or permanent meeting place.

D. The application shall state the date and time on which it is proposed that fireworks be sold, which in no event shall be for a period of time not within 12:00 p.m. on June 28th to 12:00 p.m. on July 5th of each year; however, no fireworks shall be sold after 10:00 p.m. or before 8:00 a.m. during these periods.

E. The application shall set forth the proposed location of the fireworks stand, including a map or plot plan of the lot or premises on which the stand is to be located depicting the stand and other structures on the premises. Any such stand must be located on private property located within commercially zoned districts, and must otherwise conform to zoning and other applicable laws and regulations. The written permission of the owner of record or lessees must also accompany the application.

F. Fireworks stands shall be located only in an area bearing a commercial zoning designation.

G. Each applicant shall post a deposit as outlined in the city’s current fee schedule for the purposes set forth herein. If the requirements of Section 5.24.100E are met by the dates and times set forth therein, the deposit shall be returned on or before July 15th. If the requirements of Section 5.24.100E are not met by the times and dates set forth therein, the Fire Chief shall order the cleanup and/or removal of the stand and the deposit will be forfeited in full. Each applicant shall pay the required amount for the purposes of inspection services as outlined in the city’s current fee schedule.

H. Two or more nonprofit organizations meeting the requirements of Section 5.24.060 may jointly apply for a permit to sell fireworks at a fireworks stand. The application shall conform to all of the provisions of this section.

(Ord. 10 § 7, 1982; Ord. 2-88 § 1; Ord. 2-89 § 1 (b); Ord. 4-97 § 1; Ord. 2-99 §§ 1, 3C; Ord. 21-99 §§ 1, 3; Ord. 1-12 § 1 (part); Ord. 18-12 § 1 (part); Ord. 2-18 § 1(E); Ord. 04-26, 4/7/2026)

A. No person other than the permittee shall operate the stand for which the permit is issued. Notwithstanding the foregoing, a permittee may receive assistance in operating the stand from, and share the profits of the operation of the stand with, any nonprofit organization which meets the requirements of Section 5.24.060; provided, that advance written notice is given to the Fire Chief no later than June 27th.

B. No person other than the authorized individuals who are members or volunteers of the permittee organization shall sell or otherwise participate in the sale of fireworks at such stand.

(Ord. 10 § 8, 1982; Ord. 4-97 § 2; Ord. 1-12 § 1 (part); Ord. 18-12 § 1 (part); Ord. 04-26, 4/7/2026)

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

A. No fireworks stand shall be located within 25 feet of any other building nor within 100 feet of a gasoline pump;

B. Each stand in excess of 24 feet in length must have at least two exits; and each stand in excess of 40 feet in length must have at least three exits spaced approximately equidistant apart; providing, however, that in no case shall the distance between exits exceed 24 feet;

C. Permittee shall provide each stand with one two-and-one-half gallon water fire extinguisher suitable for class A fires. The extinguishers shall be serviced and tagged by a licensed State Fire Marshal’s authorized technician within the past year and be easily accessible for use in case of fire and approved as to type by the Fire Chief and conforming to the provisions of this code.

(Ord. 10 § 9, 1982; Ord. 1-12 § 1 (part); Ord. 18-12 § 1 (part); Ord. 04-26, 4/7/2026)

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

B. “No smoking” signs shall be prominently displayed on the fireworks stand.

C. The sale of fireworks shall not (1) be made to any person under the age of 18, (2) begin before 12:00 p.m. on the twenty-eighth day of June of each year nor continue after 12:00 p.m. on the fifth of July each year.

D. An information brochure concerning instructions as to the use of safe and sane fireworks and the hazards attendant with their use by minors shall be furnished each purchaser by the permittee. No fireworks, or other explosives of any nature, shall be discharged upon the premises or lot upon which a fireworks stand is located.

E. For any stands permitted to sell fireworks during any period from June 28th through July 5th, all unsold stock and accompanying litter shall be removed from the location of the stand by 5:00 p.m. on the fifth day of July, and the fireworks stand shall be removed from the location no later than 5:00 p.m. on the eighth day of July.

(Ord. 10 § 10, 1982; Ord. 12 § 1, 1982; Ord. 2-89 § 1 (c); Ord. 2-99 § 2; Ord. 21-99 §§ 2, 3; Ord. 1-12 § 1 (part); Ord. 18-12 § 1 (part); Ord. 04-26, 4/7/2026)

Organizations licensed for the selling of fireworks are required to obtain a temporary sales tax permit from the Regional Office of the State Board of Equalization.

(Ord. 10 § 11, 1982; Ord. 1-12 § 1 (part); Ord. 18-12 § 1 (part); Ord. 04-26, 4/7/2026)

The permit to sell fireworks and temporary sales tax permit shall be displayed in a prominent place in the fireworks stand.

(Ord. 10 § 12, 1982; Ord. 1-12 § 1 (part); Ord. 18-12 § 1 (part); Ord. 04-26, 4/7/2026)

The Fire Chief shall have the authority to seize, take, remove, or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored, or held in violation of this chapter.

(Ord. 10 § 14, 1982; Ord. 1-12 § 1 (part); Ord. 18-12 § 1 (part); Ord. 04-26, 4/7/2026)

No person shall use safe and sane fireworks except on private property with property owner permission and at designated City parks on July 4th during designated times as established by the City. Fireworks other than safe and sane fireworks, including but not limited to dangerous fireworks as defined in Section 5.24.020, are prohibited. Except as permitted by the City, it is unlawful for any person, corporation, or entity to possess, store, display, offer for sale, expose for sale, sell at retail or wholesale, use, discharge, or explode, or allow the use on their property or property under their control, any fireworks except safe and sane fireworks. For purposes of this section, “possess” means actual possession, constructive possession, or joint possession.

(Ord. 04-26, 4/7/2026)

Any social host shall be strictly liable for any unlawful ignition, use, discharge or display of any dangerous fireworks, or safe and sane fireworks in violation of this code, at their property, gathering, or on any adjacent public or private right-of-way.

A. It is unlawful for a host to allow a parcel of property that the host owns, possesses, or controls to be used in a manner prohibited by Section 5.24.140, whether the violation is caused by the host or by any other person.

B. A host is strictly liable for any violation of Section 5.24.140 that occurs during a gathering on property that the host owns, possesses, or controls, or in the public right-of-way immediately adjacent to the parcel of property that the host owns, possesses, or controls.

C. Notwithstanding the prohibitions in subsections A and B of this section, the provisions of this section shall not apply to 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.

(Ord. 04-26, 4/7/2026)

A. Persons violating this chapter shall be deemed guilty of an infraction, and, upon conviction, shall be punished as provided in Government Code Section 36900(b), or its successor statute.

B. In addition to any other remedies authorized by law, violations of this chapter may be enforced through the administrative citation procedures set forth in Chapter 1.06 of this code. Any enforcement officer authorized under Chapter 1.06 may issue an administrative citation to any responsible person who violates this chapter, including any social host, property owner, tenant, occupant, or other responsible person who causes, permits, or allows a violation of this chapter to occur on property under their ownership, possession, or control.

C. The remedies provided in this section are cumulative and not exclusive. Nothing in this chapter shall limit the City’s ability to pursue any other remedy available under this code or under state law, including but not limited to civil, administrative, or criminal enforcement.

(Formerly 5.24.150; Ord. 10 § 15, 1982; Ord. 6-02 § 1; Ord. 1-12 § 1 (part); Ord. 18-12 § 1 (part); Ord. 04-26, 4/7/2026)

The provisions of this chapter shall supplement and be construed in harmony with the State Fireworks Law (Part 2, Division 11 of the Health and Safety Code of the state of California) and other applicable provisions of the laws of the state of California.

(Formerly 5.24.140; Ord. 10 § 13, 1982; Ord. 1-12 § 1 (part); Ord. 18-12 § 1 (part); Ord. 04-26, 4/7/2026)