Escondido Municipal Code Div. 2 Fireworks

Cross reference—Ch. 16, Licenses and Business Regulations Generally; Ch. 23, Article 73, Temporary Uses, Outdoor Display, and Sale of Retail Merchandise; § 33-663, Uses and structures; § 33-854, General conditions.

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Editor's Note: Former §§ 17-75 through 17-80, derived from Code 1957, §§ 4211, 4231, 4232–4234, 4236 and Ord. No. 75-4; Ord. No. 86-18; and Ord. No. 87-42, regarding Fireworks, was repealed by Ord. No. 2026-06, 6/3/2026.

The purpose of this division is to implement regulations, pursuant to the city's police power, on the operation and use of fireworks; to promote the public health and safety; and to prevent the fire risks, noise disturbances, air pollution, litter, and adverse impacts on military veterans, pets, and other vulnerable populations.

(Ord. No. 2026-06, 6/3/2026)

Pursuant to the State Fireworks Law, this division is intended to streamline enforcement and administrative fine procedures related to the possession of 25 pounds or less of fireworks. The possession of 25 pounds or more of fireworks shall be governed by Health and Safety Code, Division 11, Part 2.

(Ord. No. 2026-06, 6/3/2026)

The following definitions apply to this division; words and phrases whenever used in this division shall be construed as defined in this section, unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:

"Dangerous fireworks"

has the same meaning as California Health and Safety Code section 12505, as it may be amended from time to time.

"Disposal fee" — means the direct and reasonable costs incurred by the city—or by a private person, corporation, or other government agency operating at the request, direction, or on behalf of the city

in transporting, seizing, and disposing of fireworks, as set by state law.

"Exempt fireworks"

has the same meaning as California Health and Safety Code section 12508, as it may be amended from time to time.

"Fireworks"

has the same meaning as California Health and Safety Code section 12511, as it may be amended from time to time. The term "fireworks" includes "dangerous fireworks" and "safe and sane fireworks," but excludes "exempt fireworks," "party poppers," "snap caps," and the lawful use of flares by law enforcement personnel or motorists.

"Public display of fireworks"

has the same meaning as California Health and Safety Code section 12524, as it may be amended from time to time.

"Response costs" — means the direct and reasonable costs incurred by the city—or by a private person or corporation operating at the request or direction of the city

in the course of emergency response to the incident, including the costs of providing police, fire department, or other city services at the scene of the incident. These costs further include all of the salaries and wages of city personnel responding to the incident, and all salaries and wages of city personnel engaged in the investigation, supervision, and preparation of reports.

"Safe and sane fireworks"

has the same meaning as California Health and Safety Code section 12529, as it may be amended from time to time.

"Social host"

means a person or persons with a right of possession of the residence or other private property at which illegal fireworks are possessed, kept, stored, used, shot, discharged, set off, ignited, exploded, manufactured, sold, offered to sell, transported, or given away, 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 illegal fireworks are possessed, stored, sold, used, ignited, or discharged;

(4)

The person(s) who organizes, supervises, officiates, conducts, or controls the gathering or any other person(s) accepting responsibility for such gatherings where illegal fireworks are possessed.

"State Fireworks Law"

means California Health and Safety Code sections 12500, et seq.

"Unmanned aircraft system"

has the same meaning as Government Code section 853.5, as it may be amended from time to time. For the purposes of this division, the term "drone" shall have the same meaning as unmanned aircraft system.

(Ord. No. 2026-06, 6/3/2026)

Except as otherwise provided by this division, it shall be unlawful to possess, keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, transport, or give away any fireworks within the City of Escondido.

(Ord. No. 2026-06, 6/3/2026)

(a) The city may permit the public display of fireworks by properly qualified individuals or organized bodies under the direct supervision of experts in the handling of fireworks.

(b) The storage or sale of fireworks at wholesale is hereby prohibited, unless authorized by a permit from the city. Such permit shall be issued for a period of not exceeding one year.

(c) Sale of fireworks when allowed by the fire chief under special permits when not otherwise prohibited by applicable local or state laws, ordinances, and regulations.

(d) Use and handling of fireworks for a public display of fireworks in accordance with California Code of Regulations Title 19.

(e) Activities listed in the State Fireworks Law where all necessary valid state and local permits for the activity or activities have been issued.

(f) Transportation of fireworks by a person holding a valid state license upon approved routes pursuant to the State Fireworks Law.

(g) Possession, storage, sale, use, and handling of snap caps, snappers, or party poppers in accordance with California Code of Regulations Title 19.

(Ord. No. 2026-06, 6/3/2026)

(a) No person shall, upon or in any area within the jurisdiction of the city, fire any salute with gunpowder or dynamite or by the means commonly called "anvils" where powder or other explosives are used.

(1) The city may permit the use of "blanks" or other forms of salute when all required state and local permits for the activity have been obtained, including for military appreciation events or memorials.

(2) For the purposes of this section, "blank" means a cartridge that produces a loud noise, muzzle flash, and/or smoke when fired or discharged, but does not expel a projectile.

(Ord. No. 2026-06, 6/3/2026)

Public displays of fireworks permitted in accordance with section 17-79 shall be of such character and so located, discharged or fired, that, in the opinion of the fire chief—or his or her authorized representatives—such displays shall not be hazardous to surrounding property or endanger any person.

(Ord. No. 2026-06, 6/3/2026)

(a) It shall be the duty of the police department, fire department, and code compliance division to enforce the provisions of this division. The city manager may designate others to enforce this chapter. Such persons shall be considered "enforcement officers" within the meaning of chapter 1A of this Code.

(b) The fire chief and his or her authorized representatives, the police chief and his or her authorized representatives, and the code compliance division shall have the authority to use drones to enforce the provisions of this division.

(Ord. No. 2026-06, 6/3/2026)

(a) Pursuant to Government Code section 53069.4 and Chapter 1A of this Code, an enforcement officer, as described in section 17-82, may issue an administrative citation for any violation of this division. Notwithstanding the notice requirements described in section 1A-6 of this Code, prior notice of a violation is not a prerequisite to the issuance of administrative citations.

(b) A person is subject to the issuance of an administrative citation if such person, or any agent, employee, or independent contractor acting on their behalf, whether by act or omission, causes, permits, or allows any activity prohibited under section 17-78 to occur, exist, or continue.

(c) 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 division, is subject to the issuance of an administrative citation in addition to any that may be issued to the offending minor. Every parent, guardian, or other person, shall be held jointly and severally liable for all fines, fees, penalties, disposal fees, pursuant to section 17-86, and response costs, pursuant to section 17-85.

(d) A person is guilty of a separate offense for each and every violation, as described in section 17-78, if such person causes, permits, or allows to occur, exist, or continue.

(e) Any person, irrespective of age, found in violation of any provision of this division may be issued an administrative citation in accordance with the provisions of this division.

(f) Nothing in this division shall be intended to limit any of the penalties provided for under the Health and Safety Code, Penal Code, or other sections of this Code concerning any person or entity who possess, keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, transport, or give away any fireworks.

(Ord. No. 2026-06, 6/3/2026)

(a) Any property owner or person in control of property who has knowledge of a person violating any provision of this division on the property owned by such person or under such person's control shall be in violation of this section.

(b) It is unlawful for any social host to allow, by invitation or consent, which consent may be implied, given surrounding facts and circumstances such as repeated violations, any violation of this chapter to occur without first obtaining all required permits and licenses. Such violation subjects any and all social host(s) to strict liability for penalties imposed for violation(s) of this section.

(c) 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 violation of any provision of this division is not a prerequisite to a finding that any specific individual is a social host as defined by this section.

(d) The social host and any person found in violation of this division shall be held jointly and severally liable for all fines, fees, penalties, disposal fees, pursuant to section 17-86, and response costs, pursuant to section 17-85.

(Ord. No. 2026-06, 6/3/2026)

(a) Any person who has violated this division shall be liable for response costs incurred in responding to the violation to the fullest extent permitted by state law.

(b) In addition to any administrative penalty or any penalty under any other section of this Code or state law, any social host who violates this article is liable for the response costs relating to the violation. Where there is more than one social host, each social host is liable jointly and severally for response costs.

(c) The amount of response costs constitutes a debt owed to the city, which may be collected in any manner legally available to the city.

(d) Notice of the response costs shall contain the following itemized information:

(1) The name of the social host(s) who is liable for the response costs;

(2) The address of the private property where the incident occurred;

(3) The date and time of the response;

(4) The itemized cost of law enforcement, fire, or other emergency response personnel who responded as well as code compliance or other city personnel and the associated legal costs.

(e) Notice shall be served on each social host at the property address by first-class mail or by any means provided for service of a civil complaint.

(f) Payment for response costs shall be remitted to the city within 30 calendar days of the date of the notice.

(g) If a person who violated this division is a minor, the legal guardian(s) of the minor and the minor shall be jointly and severally liable for the response costs incurred pursuant to this division.

(h) To incur liability for response costs imposed by this division, a person who violates this chapter need not be present at the event that causes the response giving rise to the imposition of response costs.

(i) Response costs imposed by this division are in addition to any other costs that may be recovered under this Code.

(Ord. No. 2026-06, 6/3/2026)

(a) A person who has violated this division may be liable for a disposal fee, as set by state law.

(b) Pursuant to the State Fireworks Law, the fire chief and his or her authorized representatives, the police chief and his or her authorized representatives, and the code compliance division shall have the authority to seize, take, remove or cause to be removed, at the expense of the owner or any vendor, any and all such fireworks offered or exposed for sale, stored or held in violation of this division, the State Fireworks Law, or the California Fire Code.

(c) Authorities seizing fireworks shall follow the procedures to cover costs for the transportation and disposal of fireworks as outlined in the State Fireworks Law.

(1) 65% of the collected moneys shall be forwarded to the State Controller for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund. These monies shall be deposited monthly.

(2) 35% to the local public safety agency in the county in which the offense was committed to reimburse the local public safety agency for expenses, including, but not limited to, the costs for handling, processing, photographing, and storing seized dangerous fireworks.

(d) Authorities seizing fireworks shall follow the procedures for the transportation and disposal of fireworks as outlined in the State Fireworks Law.

(e) Fines collected pursuant to administrative citations shall not be subject to Health and Safety Code section 12706.

(Ord. No. 2026-06, 6/3/2026)

(a) Any person violating any of the provisions of this division is guilty of an misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000. Any violation may also be subject to civil penalties and any other legal remedy provided in this Code or state law.

(b) Each violation described in this division may be charged as a separate count for each and every occurrence.

(c) In addition to any remedy available at law, and upon a first violation, any person in violation of any provision of this division involving 25 pounds or less of fireworks may be subject to the issuance of an administrative citation not to exceed $1,000, response cost, pursuant to section 17-85, and a disposal fee as set by state law, pursuant to section 17-86.

(d) The imposition of the administrative citation, response cost, and disposal fee are considered an expense of abatement and may be collected pursuant to the provisions outlined in chapter 1A to the fullest extent permitted by state law.

(e) All violations of this division are declared to be a public nuisance.

(Ord. No. 2026-06, 6/3/2026)

Citations and all other notices, including for the imposition of response costs and disposal fees, issued for failure to comply with the provisions of this division may be appealed, subject to the procedures established in section 1A-9 of this Code.

(Ord. No. 2026-06, 6/3/2026)

§ 17-89. through § 17-99. (Reserved)