San Bernardino Municipal Code Ch. 8.61 Prohibited Fireworks

In accordance with state law, it is unlawful for any person, organization, group, association and the like to possess, sell, use or discharge any “dangerous fireworks” in the city, without a permit or license granted by the State Fire Marshal.

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

DANGEROUS FIREWORKS. Means and carries the same definition as provided in Cal. Health and Safety Code, § 12505, as amended by the state legislature from time to time.

(A) Definitions. The following definitions apply to the use of these terms for the purposes of this section relating to social host, minor, and spectator liability.

MINOR. A person under the age of 18 years.

SOCIAL HOST. Any owner of private property as listed on the most recent assessment roll; and/or any person who has a right to use, possess, or occupy public or private property under a lease, permit, license, rental agreement, or contract; and/or any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on public or private property. A government entity, including, but not limited to, the city, a school district, and/or a political subdivision of the State of California, is not a social host. As used in this definition, a person may mean either a human being or a legal entity.

SPECTATOR. Any person present during a fireworks discharge for the purpose of viewing, observing, watching, or witnessing the event. A person is "present" during fireworks discharge if that person is within 200 feet of the location of the fireworks discharge. Peace officers or their agents, or city employees designated to enforce the provisions of this chapter, who are acting in the course of their official duties, are not considered SPECTATORS.

STRICT LIABILITY. Liability for a wrongful act regardless of such person's intent, knowledge, negligence, or lack thereof in committing the wrongful act.

(B) Liability.

(1) Except as may be permitted by this chapter or state law, 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, for violations of this chapter to occur or otherwise take place anywhere on his or her property, or on any immediately adjacent public or private street or sidewalk. Such violation subjects any and all social host(s) to strict liability for penalties imposed for violation(s) of this section.

(2) A social host need not be present at the time dangerous fireworks are possessed, stored, sold, used, ignited or discharged for the city to impose penalties. Prior knowledge of the possession, storage, sale, use, ignition, or discharge of dangerous fireworks is not a pre-requisite to a finding that any specific individual is a social host as defined by this section.

(3) It is the absolute duty of all social hosts to take all reasonable steps necessary to prevent a violation of this chapter.

(4) Any person having the care, custody, or control of a minor who violates this chapter shall be strictly liable for that minor's violation(s) of this chapter. The person having the care, custody, or control of a minor who violates this chapter need not be present when that minor violates this chapter to be held strictly liable for the violation(s).

(5) It shall be unlawful for any person to be knowingly present as a spectator during an unauthorized illegal fireworks discharge in violation of this chapter.

(C) Exemptions. This section shall not apply to:

(1) Activities conducted by pyrotechnic operators licensed by the State Fire Marshal when operating pursuant to that license and with proper city permits, nor to the spectators present during such activities.

(2) Conduct involving possession, ignition, explosion, discharge, use, or display of fireworks as permitted under federal or state law.

(3) A social host who initiates contact with law enforcement or fire officials to assist in removing any person, or illegal fireworks, from the social host's property or terminating the activity to comply with this chapter.

(4) A person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract for violations of this chapter occurring in the common areas of the property, unless such person is determined to be a responsible person.

(Ord. MC-1665, passed 5-20-2026)

(A) Any person, social host, organization, group, association and the like violating any provision of this chapter is guilty of a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010.

(B) In addition to any other penalties provided by law, any person, social host, organization, group or association and the like violating any provisions of this chapter shall be subject to an administrative civil penalty of:

(1) Two thousand five hundred dollars for the first offense;

(2) Five thousand dollars for the second offense within 36 months; and

(3) Ten thousand dollars for each subsequent offense within 36 months.

(C) In addition to any fines or penalties which may otherwise be levied by the city pursuant to this chapter, the city shall be entitled to recover from any person, social host, organization, group, association and the like found in violation of any provision of this chapter, the city's full response costs. As used in this section, RESPONSE COSTS means those reasonable and necessary costs directly incurred by the city for a response to a violation of this chapter, and include the cost of providing law enforcement, firefighting, and/or other emergency services at the scene of the violation, including, without limitation, the following:

(1) Salaries and benefits of the officer for the time spent responding to, remaining at, or otherwise dealing with the violation, and the administrative costs attributable to the responses;

(2) The cost of any medical treatment to, or for, any officer injured responding to, remaining at, or leaving the scene of the violation;

(3) The cost of repairing any equipment used by the officer or damage to city property, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of the violation; and

(4) The costs of disposal of any fireworks seized in accordance with this chapter.

(D) The penalties set forth herein are cumulative and are not intended to be exclusive of other penalties and remedies and are intended to be in addition to any other remedies provided in this code or any other law, statute, ordinance, or regulation, including, without limitation, the California Health and Safety Code and the California Penal Code with regard to the unlawful sale, use, possession, delivery, storage, and/or transportation of illegal fireworks.

(E) Any person violating the provisions of this Chapter 8.61 shall be deemed guilty of a separate offense for each violation that is committed, continued, or permitted by that person, and shall be punished accordingly. Each and every unlawful firework discharge shall constitute a separate offense.

(Ord. MC-1535, passed 5-6-2020; Ord. MC-1665, passed 5-20-2026)

(A) Any administrative fine or administrative civil penalty assessed pursuant to this chapter shall provide for cost reimbursement to the office of the State Fire Marshal and the collection of disposal costs pursuant to Cal. Health and Safety Code § 12557.

(B) This chapter shall be limited to apply only to a person, social host, organization, group, association and the like who possesses or results in the seizure of 25 pounds or less of dangerous fireworks.

(C) Any administrative fine or administrative civil penalty collected pursuant to this chapter shall not be subject to Cal. Health and Safety Code § 12706, “Disposition of Fines and Forfeitures.”

(Ord. MC-1269, passed 4-22-2008; Ord. MC-1665, passed 5-20-2026)