Title 11 — PUBLIC HEALTH AND SAFETY
Chapter 11.05 — FIREWORKS
San Benito County Municipal Code · 2026-09 edition · updated 2026-09-30 · San Benito County
Section
- 11.05.001 Fireworks defined
- 11.05.002 Sale of fireworks prohibited
- 11.05.002A Fireworks; sale, possession, and the like
- 11.05.003 Violation; nuisance
- 11.05.004 Violation; criminal penalty
- 11.05.005 Administrative citations; penalties and fees
§ 11.05.001 FIREWORKS DEFINED.¶
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. FIREWORKS. Anything defined as “fireworks” in the Cal. Health and Safety Code § 12511, including “dangerous fireworks” (Cal. Health and Safety Code § 12505), “safe and sane fireworks” (Cal. Health and Safety Code § 12529), but not including “auto flares” when used for the purpose of warning other vehicles or other emergency signaling devices (Cal. Health and Safety Code § 12506), if they are used for emergency purposes. (1966 Code, § 6D-1) (Ord. 575, § 1(part))
§ 11.05.002 SALE OF FIREWORKS PROHIBITED.¶
No person shall possess, for the purpose of sale, or sell any fireworks within the unincorporated area of the county.
(1966 Code, § 6D-2) (Ord. 575, § 1(part)) § 11.05.002A FIREWORKS; SALE, POSSESSION, AND THE LIKE. Other than "safe and sane fireworks," as defined in the Health and Safety Code of the state, no person shall sell, possess, ignite, fire, permit to be exploded, cause to be exploded or explode any fireworks, as defined in the Health and Safety Code of the state, within the unincorporated area of the county. (Ord. 1,022, § 2)
§ 11.05.003 VIOLATION; NUISANCE.¶
Violation of this chapter constitutes a public nuisance, per se. (1966 Code, § 6D-3) (Ord. 575, § 1(part))
§ 11.05.004 VIOLATION; CRIMINAL PENALTY.¶
Any person who violates this chapter is guilty of a misdemeanor. (1966 Code, § 6D-4) (Ord. 575, § 1(part))
§ 11.05.005 ADMINISTRATIVE CITATIONS; PENALTIES AND FEES.¶
Chapter 11.05 may be enforced through the issuance of administrative citations. Notwithstanding the maximum fine amounts set forth elsewhere in this code, fines for violations of this chapter shall be as follows: (A) First offense: $1,000. (B) Second offense: $2,500. (C) Third and subsequent offenses: $5,000. (Ord. 1,022, § 3)
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