Hawaiian Gardens Municipal Code Ch. 6.28 Fireworks

For purposes of this chapter, the following definitions will apply. If any of the definitions in this chapter conflict with definitions in other provisions of this Municipal Code, these definitions shall control for the purposes of this chapter:

Chapter means this Chapter 6.28 of the Hawaiian Gardens Municipal Code.

Citation means an administrative citation issued pursuant to this section to remedy a violation.

City means the City of Hawaiian Gardens.

Code or Municipal Code means the Hawaiian Gardens Municipal Code.

Dangerous fireworks is defined by Section 12505 of the California Health and Safety Code, or as that section may be amended.

Host means any person who has legal title to, or leases, rents or is in lawful possession of, any real property in the City, or is otherwise an "owner" as defined in Section 1.13.020 of this Code; or hosts, organizes, supervises, officiates, conducts, or sponsors a gathering on public or private property. If a host is a minor, then the minor's parents or legal guardians may also be deemed a host. There may be more than one host associated with a single piece of property.

Enforcement officer shall have the meaning set forth in Section 1.13.020 of this Code.

Person means and includes any individual, partnership of any kind, a corporation of any kind, limited liability company, association, joint venture or other organization or entity, however formed, as well as fiduciaries, trustees, heirs, executors, administrators, or assigns, or any combination of such persons.

Responsible person means a person or host who causes a violation to occur, or allows a violation to exist or continue by their action or failure to act, whether or not present at the time of the violation. If a responsible person is a minor, then the minor's parents or legal guardians may also be deemed a responsible person. More than one responsible person may be associated with a single violation.

Safe and sane fireworks, or any variation of this phrase, is defined by Section 12529 of the California Health and Safety Code, or as that section may be amended.

Violation or violates means an act or omission of any act, or use or condition that constitutes an offense of any provision of this chapter.

(Ord. No. 2024-619, § 3, 11-13-2024; Ord. No. 2026-625, § 4, 5-13-2026)

A. Safe and sane fireworks may only be sold and discharged within the City between 12:00 p.m. and 9:00 p.m. each day from July 1 to July 4.

B. It is unlawful for any child under the age of 16 to possess, transport, buy, sell, offer to buy or sell, give, receive, ignite, set off, discharge, or otherwise use safe and sane fireworks within the City at any time except under the direct supervision of that child's parent, legal guardian, or other adult person acting in loco parentis of that child.

C. No person shall possess, transport, buy, offer to buy, sell, offer to sell, give, receive, fire, set off, discharge, or use any safe and sane fireworks in a manner likely to cause injury to life or property.

(Ord. 491 § 1, 2004; Ord. 5 § 1, 1964; Prior Code § 3102; Ord. No. 2024-619, § 4, 11-13-2024; Ord. No. 2026-625, § 5, 5-13-2026)

A. Except as provided in this chapter, no person shall possess, transport, buy, sell, offer to buy or sell, give, receive, ignite, set off, discharge, or otherwise use any fireworks not classified as safe and sane, including dangerous fireworks, at any time within the City.

B. To the maximum extent allowable by law, a responsible person may be charged for all recoverable City costs and incidental expenses incurred as a result of a violation of this chapter, including, but not limited to, any costs associated with remediating damage caused to City property.

(Ord. 5 § 1, 1964; Prior Code § 3103; Ord. No. 2024-619, § 4, 11-13-2024; Ord. No. 2026-625, § 6, 5-13-2026)

Editor's note— Ord. No. 2024-619, § 4, adopted November 13, 2024, amended the title of § 6.28.020 to read as herein set out. The former § 6.28.020 title pertained to dangerous fireworks.

A. A responsible person is strictly liable for any violation that occurs (1) on property that the responsible person owns, leases, possesses, or controls, or (2) in the public right-of-way immediately adjacent to property that the responsible person owns, leases, possesses, or controls, when the responsible person has knowledge, or should have knowledge, of the acts resulting in a violation.

B. A responsible person is subject to citation for any violation, regardless of the responsible person's intent or awareness of the violation.

C. It is a rebuttable presumption that any prohibited act under this chapter conducted in the public right-of-way or any public property by any person is attributable to the host that owns, leases, possesses, or controls the property immediately adjacent to the public right-of-way or public property where the violation occurred.

D. A responsible person is not liable for violations committed by other persons if the responsible person is the first to report such violations to an enforcement officer, or other authority as designated by the City, for immediate assistance before the violations are observed by an enforcement officer.

E. A host shall take reasonable measures to prevent any violations on or adjacent to property that the host owns, leases, possesses, or controls.

(Ord. No. 2026-625, § 7, 5-13-2026)

No person shall sell any safe and sane fireworks within the City without first having applied for and received a permit from the City therefor in compliance with the terms of this chapter.

(Ord. 491 § 1, 2004; Ord. 5 § 1, 1964; Prior Code § 3104; Ord. No. 2024-619, § 4, 11-13-2024)

No person shall erect or otherwise operate a safe and sane fireworks stand within the City without first having applied for and received a permit from the City therefor in compliance with the terms of this chapter.

(Ord. 491 § 1, 2004; Ord. No. 2024-619, § 4, 11-13-2024)

The City Clerk shall not accept or process incomplete applications, or applications that are not in their final form, as required in this chapter. Upon receipt of the completed written application for a permit pursuant to this chapter, the City Clerk shall cause an investigation to be made and submit to the City Council a report of his/her findings with recommendations for or against the issuance of the permit, together with the reasons therefor. After receipt of such recommendation and report, the City Council shall have the power in its discretion to grant or deny the application. Any permit granted by the City Council may be subject to such reasonable conditions and restrictions as may be imposed by the City Council, and such conditions and restrictions shall be complied with by the permittee.

(Ord. 491 § 1, 2004; Ord. 464 § 2, 2001; Ord. 28 § 1, 1965; Ord. 5 § 1, 1964; Prior Code § 3105)

No permit shall be issued to any person except nonprofit associations or corporations organized primarily for veteran, patriotic, welfare, civic betterment or charitable purposes. Each such organization must have been organized and established for a minimum of two years continuously preceding the filing of the application for the permit, and must have a bona fide membership of at least 20 members. No permit shall be issued to any organization or person unless such organization shall be based within the corporate limits of the City or unless such organization shall directly serve the youth and/or the citizens of the City. This determination shall be made by the City Clerk.

(Ord. 491 § 1, 2004; Ord. 28 § 2, 1965; Ord. 5 § 1, 1964; Prior Code § 3106)

A. Application for such a permit:

1. Shall be made in writing;

2. Shall be filed with the City Clerk on or prior to May 1st of each year;

3. Shall set forth the proposed location of any and all fireworks stands applied for, and the length thereof;

4. Shall be accompanied by the City's standard insurance requirements, including but not limited to liability insurance, property damage with a rider attached to the policy, hold harmless and indemnification clauses, designated representatives and entities as additional insured thereunder and any and all other requirements requested by the City.

B. Applicants for any such permits shall be notified by the City Clerk of the granting or rejecting of their application for permit on or before June 18th of each calendar year.

(Ord. 491 § 1, 2004; Ord. 464 § 3, 2001; Ord. 5 § 1, 1964; Prior Code § 3107)

Each such application shall show the following:

A. Name and address of applicant;

B. Applicant's status as a nonprofit organization;

C. The names and addresses of the officers, if any, of the applicant;

D. The location where the application will sell fireworks, and the location thereof;

E. When the applicant was organized and established and the present number of members thereof;

F. The location of the applicant's principal and permanent meeting place;

G. The applicant's State Board of Equalization sales tax permit number;

H. The number of present active members who are residents of the City;

I. A copy of your organization's budget;

J. A letter signed by your organization's president specifying the funds collected as a result of the sales of the fireworks;

K. Include a list of the project(s) with the specific funds that have been allocated and expended that specifically benefit the members of the City; and

L. Include the number of residents specifically affected by the revenues collected from the fireworks.

(Ord. 491 § 1, 2004; Ord. 5 § 1, 1964; Prior Code § 3108)

The following regulations shall be complied with in the operation of fireworks stands:

A. No person other than the licensee organization shall operate the stand for which the license 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 members of the licensee organization, or the spouses or children thereof, 16 years of age or older, shall sell or otherwise participate in the sale of fireworks at such stand;

C. No person shall be paid a consideration for selling or otherwise participating in the sale of fireworks at such stands;

D. Each person, group or organization shall be limited to one permit per year and each permit shall be limited to one stand;

E. Only one such permit shall be issued for each applicant. The total number of permits issued by the City will be a maximum of ten. The order will be based upon the order received chronologically by date and time and only upon the application being determined to be complete. If a tie occurs at the time the maximum number of permits have been issued, the tie will be broken based upon a random drawing by the City Clerk and City Administrator.

(Ord. 491 § 1, 2004; Ord. 28 § 3, 1965; Ord. 5 § 1, 1964; Prior Code § 3109)

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

A. Fireworks stands need not comply with the provisions of the Building Code of the City; provided, however, that all stands shall be erected under the supervision of the Inspector who shall require that stands be constructed in a manner which will reasonably insure the safety of attendants and patrons.

An electrical permit and compliance with electrical codes are required;

B. If, in the judgment of the Fire Department Inspector, the construction of the stands or the conduct of the operators therein do not conform to the provisions of this chapter, such officer may order the stands immediately closed;

C. No person shall be allowed in the interior of the stands, except those directly employed in the sale of fireworks;

D. There shall be at least one supervisor, 21 years of age or older, on duty at all times;

E. No fireworks shall remain unattended at any time, regardless of whether the fireworks stand is open for business or not, but no person shall be permitted to sleep inside a stand;

F. No stand shall be placed closer than 20 feet to any other building nor within 100 feet of gasoline dispensers;

G. "NO SMOKING" signs shall be prominently displayed, both inside and outside the stand, letters to be not less than four inches high. No smoking shall be permitted within the stand or within five feet of the stand;

H. All weeds and combustible material shall be cleared from the location of the stand for at least 25 feet in all directions. No rubbish shall be allowed to accumulate in or around any fireworks stand, nor shall a fire nuisance be permitted to exist;

I. No stand shall be erected before June 20th of any year. The premises on which the stand is erected shall be cleared of all structures and debris, not later than noon on the eighth day of July following;

J. All stands must be equipped with at least one fire extinguisher for each exit in the stand, which fire extinguishers must be approved as to efficiency and safety by the Fire Department Inspector;

K. Each stand in excess of 20 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; provided, however, that in no case shall the distance between the exits exceed 20 feet;

L. No stand shall be constructed with a depth of more than 12 feet;

M. Stands shall be of wood or metal construction, built with solid roof, rear wall and ends. The front shall be of solid wood or metal three feet six inches in height from ground level to the display shelf;

N. The display shelf shall have a panel of unbreakable or wire mesh glass or window screen wire a minimum of 24 inches in height between the public and the display of fireworks.

(Ord. 5 § 1, 1964; Prior Code § 3110)

An applicant for a permit under this chapter may appeal to the City Council an adverse action of the City Clerk upon the application as follows:

A. The aggrieved applicant shall submit the appeal in writing to the City Administrator within ten calendar days of the notification by the City Clerk of the adverse action. Failure to file the appeal within the ten-day appeals period shall be deemed a waiver of the right of appeal;

B. The appeal shall identify the specific action being appealed. If the action being appealed involves adverse findings by the City Clerk of incompleteness or noncompliance of the specific requirements of this chapter, the appeal shall include a corresponding number for each item that was deemed incomplete or noncompliance, along with the specific rebuttal or explanation for challenging the City Clerk's findings for each such item;

C. The City Administrator shall present the appeal to the City Council at the next regularly scheduled meeting of the City Council which falls after the tenth day from the date that the appeal was submitted to the City Administrator. The City Administrator shall notify the applicant filing the appeal of the date and time of the meeting during which the City Council will consider the appeal at least five days prior to the meeting;

D. At the time set for hearing, the City Council shall consider the appeal and any information it deems pertinent to the appeal, and may rule on the appeal as it deems just and proper based upon the information presented;

E. Said appeal shall include the specific rebuttal and/or explanation for each separate matter, pursuant to subsections C. and D. of this section, why the applicant believes there is/was an alleged violation or incorrect determination of this chapter; and

F. Said appeal shall be presented to the City Council by the City Administrator.

(Ord. 491 § 1, 2004)

Nothing in this chapter shall be interpreted to preclude public displays of fireworks provided that the public display event shall first have been approved by the City Council subject to the recommendation by the City's Fire Chief, and is in compliance with the applicable licensing and public display regulations of the State Fire Marshal pursuant to the State Fireworks Law, Part 2, Division 11 of the California Health and Safety Code (commencing with Section 12500). The application for a public display event shall be filed with the City Clerk in a form provided by the City Clerk at least 60 days prior to the proposed public display event. Upon receipt of an application, the City Clerk shall forward the application to the City's Fire Chief, who shall forward a recommendation to the City Council within 15 days of receipt of the application from the City Clerk. The City Clerk shall schedule the review of the application by the City Council on the next regular meeting that falls after the 20th day after the City Clerk receives the application from an applicant.

(Ord. 491 § 1, 2004)

The City Administrator, with the City Council's approval, may approve fireworks to be discharged by a licensed pyrotechnician at an event sponsored, co-sponsored or conducted by the City, in accordance with California State law.

(Ord. 491 § 1, 2004)

A. Any violation of this chapter is unlawful and constitutes a strict liability offense, regardless of intent or personal knowledge.

B. Administrative citations.

1. Whenever an enforcement officer determines that a violation of this chapter has occurred, the enforcement officer may issue a citation in accordance with Chapter 1.13 of this Code.

2. Notwithstanding the amounts authorized by Chapter 1.13 of this Code, any person who violates any provision of this Chapter 6.28 is subject to administrative fines in the following amounts:

a. A fine of $2,000.00 for a first offense;

b. A fine of $3,000.00 for a second offense within one year from the initial offense;

c. A fine of $4,500.00 for a third offense within one year from the initial offense.

3. Citations may be appealed pursuant to Chapter 1.13 of this Code.

4. Issuance of a citation shall not excuse or discharge a responsible person from the duty to immediately abate and correct a violation of this chapter, nor from any other responsibility or legal consequences for a violation of this chapter.

C. In addition to or in lieu of other action, the City may, at its discretion, undertake any one or all of the following legal actions for violations under this chapter:

1. Criminal penalty. Any violation of this chapter constitutes a misdemeanor punishable under Chapter 1.12 of this Code.

2. Civil penalties. Any person who violates any provision of this chapter is liable for a civil penalty established by resolution or ordinance of the City Council.

D. The City Council may by resolution or ordinance establish, modify, or amend fees for the implementation, administration, and enforcement of this chapter, including, penalties for delinquent payment of such fees.

E. Any condition caused or permitted to exist in violation of this chapter constitutes a threat to public health, safety, and welfare, and is declared and deemed a public nuisance, which may be summarily abated or restored by the City at the violator's expense and the City may institute a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance.

F. The remedies provided in this chapter are cumulative and not exclusive and nothing in this chapter precludes the use or application of any other remedies, penalties, or procedures established by law. This chapter is not the exclusive regulation for fireworks within the City. This chapter supplements and is in addition to the other regulatory codes, statutes, regulations and ordinances heretofore and hereinafter enacted by the City of Hawaiian Gardens, the State of California, or any other legal entity or agency having jurisdiction. Where allowed by law, and as authorized by California Health and Safety Code Section 12541, this chapter supersedes any conflicting provision of the Hawaiian Gardens Fire Code (Chapter 15.20).

(Ord. No. 2024-619, § 5, 11-13-2024; Ord. No. 2026-625, § 8, 5-13-2026)