Fullerton Municipal Code Ch. 7.26 Fireworks Prohibited

(A) It is unlawful for any person to possess, store, to offer for sale, expose to sale, sell at retail, or use or explode any fireworks, except as provided herein. The sale, possession and discharge of "safe and sane" fireworks for private display shall be permitted within the city, in accordance with rules and regulations adopted by City Council ordinance or resolution City Council, relating to the following: who may sell such fireworks; the limited dates and times when such fireworks may be sold and discharged; the manner, location, and any required permits for the sale, storage, possession, discharge and/or disposal of such fireworks; etc.

(B) For purposes of this chapter, SAFE AND SANE shall include those fireworks bearing the seal of the State Fire Marshal and that are safe and sane fireworks within the provisions of Cal. Health and Safety Code § 12529, or any successor provision thereto, and/or any other relevant provisions of state law relevant thereto, including the California Code of Regulations, State Fire Marshal Regulations or Guidelines, etc.

(C) Notwithstanding the previous, the Fire Chief shall have the power to adopt reasonable rules and regulations for granting permits for supervised public displays of fireworks by a jurisdiction, fair, association, amusement park, other organizations or for the use of fireworks by artisans in pursuit of their trade. A competent operator approved by the Fire Chief shall handle such use or display and shall be of such character and so located, discharged or fired so as, in the opinion of the Fire Chief, after proper investigation, not to be hazardous to property or endanger any person.

(Ord. 2898, passed - -1996; Ord. 3183, passed - -2012; Ord. 3344, passed - -2025; Ord. 3345, passed - -2025)

In addition to the definitions set forth in §§ 1.10.020 and 7.26.010, for the purpose of this chapter and Resolution No. 2022-18, the following words and phrases are defined as follows:

HOST. A person who either i) is in control of private property, including, but not limited to, an owner, tenant, landlord or property manager of the property; or ii) organizes, supervises, officiates, conducts, controls, or is otherwise in charge of the activity on the property.

RULES AND REGULATIONS. The rules and regulations adopted by City Council pursuant to § 7.26.010 including Resolution No. 2022-18 adopted on March 1, 2022 or such resolution as City Council may adopt in the future which shall supersede Resolution No. 2022-18.

(Ord. 3344, passed - -2025; Ord. 3345, passed - - 2025)

(A) It shall be unlawful for a host to permit or fail to prevent the sale, use or discharge of dangerous fireworks on the host's property or on an adjacent public or private street or sidewalk.

(B) There is a rebuttable presumption that the record owner of a private property as shown on the county's latest equalized property tax assessment roll, and any lessee of the property, have notice of fireworks discharge violations occurring on the property or on an adjacent public or private street or sidewalk.

(C) This section shall not apply to a host who contacts law enforcement or fire officials for assistance in terminating the sale, use or discharge of fireworks if the request is made before any other person contacts law enforcement or fire officials to report the activity.

(Ord. 3344, passed - -2025; Ord. 3345, passed - - 2025)

Every parent, guardian or other person who has the legal care, custody or control of any person under the age of 18 years, and who knows or reasonably should know that such minor is in violation of this chapter, may be issued an administrative citation in addition to any administrative citation issued to such minor.

(Ord. 3344, passed - -2025; Ord. 3345, passed - - 2025)

(A) Violations of this chapter shall be punishable by criminal, civil and administrative penalties in accordance with Chapter 1.10 of this Code. Each violation, whether on the same day or a different day, shall constitute a separate violation and shall be subject to a separate criminal, civil or administrative penalty.

(B) Each person who violates any provision of this chapter or the rules and regulations as it relates to the possession, use, storage, sale and/or display of fireworks, other than the sale use of safe and sane fireworks, shall be subject to the imposition and payment of an administrative fine or fines as follows:

(C) Payment of an administrative fine shall not excuse or discharge a citee from the duty to immediately abate and correct a violation of this chapter, nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of this chapter.

(Ord. 3344, passed - -2025; Ord. 3345, passed - - 2025)