San Luis Obispo County Municipal Code Ch. 6.32 Fireworks

Footnotes:

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Editor's note— Ord. No. 3296, § 8, adopted April 21, 2015, amended Ch. 6.32 in its entirety to read as herein set out. Former Ch. 6.32, §§ 6.32.010—6.32.070, pertained to similar subject matter, and derived from prior code § 8-004.3(A)—(G); Ord. 810 § 2, 1965; Ord. 2504 § 1, 1991; Ord. 2505 §§ 1, 2, 1991.

It is unlawful to discharge, manufacture, use, sell at wholesale or retail, have, possess, keep, store, import, export, shoot off, explode, transport (except as a public carrier), or make a public display of, within the unincorporated areas of the county, any fireworks as defined in Chapter 1, Part 2, of Division 11 of the Health and Safety Code of the State of California; save and except such fireworks as may be sold or public display thereof made, under the provisions of Part 2, Division 11 of the Health and Safety Code of the State of California (State Fireworks Law), Subchapter 6 of Title 19 of the California Administrative Code (Rules and Regulations of the Office of the State Fire Marshal); and other provisions of this chapter.

(Ord. No. 3296, § 8, 4-21-15)

Nothing in this chapter shall be construed to prevent regulation of the sale or use of safe and sane fireworks (as defined in Health and Safety Code Section 12529 and related sections) within the territory of a community services district or other district which exercises fire control functions, including therein the adoption of its own version of the California Fire Code. This code shall not regulate nor preempt regulation of safe and sane fireworks in such local districts. Applicants who have received a permit for the sale of safe and sane fireworks from a community services or fire district pursuant to this section shall not be required to obtain a business license in addition to the permit.

(Ord. No. 3296, § 8, 4-21-15)

Fireworks shall include, but not be limited to, blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, fire balloons (balloons of a type which have burning material of any kind attached thereto or which require fire underneath to propel them), firecrackers, torpedoes, skyrockets, rockets, Roman candles, sparklers, or other fireworks of like construction and any fireworks containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, but does not include toy pistols, toy canes, toy guns or other similar devices in which paper caps containing not more than twenty-five hundredths grains of explosive compound per cap are used.

(Ord. No. 3296, § 8, 4-21-15)

Public pyrotechnic displays and the use of fireworks for such purposes may be permitted at such times and places as the board may direct or permit under the direct supervision of the county fire chief or chief of the fire department in the fire district where the display is to take place.

(Ord. No. 3296, § 8, 4-21-15)

Applications for a county business license to make a public pyrotechnic display and forms providing for such additional information as required by the chiefs of the fire department shall be obtained from the tax collector of the county.

(Ord. No. 3296, § 8, 4-21-15)

If the proposed place of public display is situated within a fire district then the chief of the fire department of the fire district shall review the applications and submit findings and recommendations regarding the issuance of the license. However, if the proposed place of public display is not situated within a fire district then the county fire chief shall review the applications and submit findings and recommendations regarding the issuance of the license.

(Ord. No. 3296, § 8, 4-21-15)

The findings and recommendations of such officer regarding the issuance of the license together with the reasons for such findings and recommendations shall be submitted to the board for review prior to their granting or denying approval for the issuance of a business license.

(Ord. No. 3296, § 8, 4-21-15)

After filing an application for a fireworks business license, the applicant shall file with the tax collector copies of insurance policies, together with certificates of insurance executed by an authorized representative of the insurance carrier, showing coverage in accordance with the requirements as set forth by risk management. The policy shall be effective for the entire length of time that the fireworks business license is valid. The policy shall not be cancelled or changed without first giving ten days prior written notice to the tax collector.

(Ord. No. 3296, § 8, 4-21-15)

Upon the receipt of the approval of the board, the tax collector shall issue a business license for the public pyrotechnic display in compliance therewith.

(Ord. No. 3296, § 8, 4-21-15)

(a) Once approved by the board, for time and place, the license may be renewed for the same time and place in consecutive years. Prior to renewal the fireworks business license holder must provide proof that the requirements regarding the insurance policy and approval by the county fire chief have been obtained for the renewal period.

(b) If the license is not renewed each consecutive year, no renewal is possible, and a new application process must be initiated pursuant to this Code.

(Ord. No. 3296, § 8, 4-21-15)

(a) Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter is deemed guilty of a misdemeanor and a public nuisance. Any person convicted of a misdemeanor under the provisions of this chapter, shall be subject to punishment by a fine, or by imprisonment in the county jail for a period not exceeding six months, or by both fine and imprisonment.

(b) In addition to potential criminal penalties, any person that violates the provisions of this chapter may be subject to civil actions, administrative fines, and enforcement action pursuant to County Code.

(c) A violation of this chapter shall be subject to an administrative fine of one thousand dollars per violation.

(d) Non-exclusivity of Penalties. The penalties set forth herein 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 or California Penal Code with regard to the sale, use, possession, delivery, storage, and/or transportation of fireworks.

(Ord. No. 3533, § 1, 5-20-25)

Any person violating the provisions of this chapter shall be deemed guilty of a separate offense for each violation that is committed, continued, or permitted by that person, and shall be punishable accordingly. Each and every unpermitted firework discharge shall constitute a separate offense.

(Ord. No. 3533, § 1, 5-20-25)

The following definitions shall apply to this chapter:

(a) "Department" means the department of planning and building, which shall be the department responsible for administering administrative appeal hearings outlined in this chapter, county fire department and the sheriff's office, which shall be responsible for enforcing this chapter.

(b) "Enforcement officer." For purposes of this section, the term "enforcement officer" means any law enforcement officer, county employee, or agent of the county, with the authority to enforce any provision of this code, including, but not limited to, employees of the county fire department, the sheriff's office, and department of planning and building.

(c) "Response costs." For the purposes of this section, the term "response costs" means those reasonable and necessary costs directly incurred by the enforcement officer 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 enforcement officer for the amount of time spent responding to, remaining at, or otherwise dealing with the violation, and the administrative costs attributable to the response(s); and

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

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

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

(d) "Social host." For the purposes of this section, the term "social host" means:

1. Any owner of private property as listed on the most recent assessment roll; and/or

2. Any person who has the right to use, possess or occupy a public or private property under a lease, permit, license, rental agreement, or contract; and/or

3. Any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on public or private property.

(e) "Strictly liable." For the purposes of this section, the term "strictly liable" means liability for a wrongful act regardless of such person's intent, knowledge, negligence, or lack thereof in committing the wrongful act.

(f) "Spectator." For the purposes of this section, the term "spectator" means any person present during an unpermitted fireworks discharge for the purpose of viewing, observing, watching, or witnessing the event. A person is "present" during an unpermitted fireworks discharge if that person is within two hundred feet of the location of the fireworks discharge. Peace officers or their agents, or county employees designated to enforce the provisions of this code, who are acting in the course of their official duties, are not considered "spectators."

(Ord. No. 3533, § 1, 5-20-25; Ord. No. 3590, § 1, 4-21-26)

(a) Any social host shall be strictly liable for any violation of this chapter occurring at the social host's property or gathering.

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

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

(d) No person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract shall be liable for violations of this chapter occurring in the common areas of the property.

(Ord. No. 3533, § 1, 5-20-25)

In addition to any fines or penalties which may otherwise be levied by the county pursuant to this chapter, the county shall be entitled to recover from any person found to be in violation of any provision of this chapter, the county's full response costs.

(Ord. No. 3533, § 1, 5-20-25)

The enforcement officer may seize, take, remove or cause to be removed, at the expense of the licensee, all stocks of fireworks offered or exposed for sale, stored or held in violation of this chapter when such violation creates an imminent threat to public health or safety.

(Ord. No. 3533, § 1, 5-20-25)

Upon the determination by the enforcement officer that a violation occurred, a notice of nuisance, notice of violation, and notice of administrative fine may be prepared, with copies thereof to be served as provided by Section 6.32.095. The notices shall include the following information.

(a) The date and approximate time the violations occurred, and a legal description and street address, assessor's parcel number, or other description sufficient to identify the premises affected.

(b) A description of the conditions causing the violation(s). The description shall specify the number of violation(s) observed.

(c) The code sections that that were violated.

(d) The amount of fines being imposed for each violation.

(e) The amount of response costs being imposed for each violation.

(f) A statement that the fine shall be paid directly to the department that sued the notice of nuisance, notice of violation, and notice of administrative fine within twenty days from the service of the notices.

(g) An explanation that the notice of nuisance, notice of violation, and notice of administrative fine may be appealed by submitting an appeal within twenty days of service of the notice to the department. The explanation shall clearly detail the process for submitting an appeal, including the need to pay the fine amount in advance. An appeal shall be conducted in accordance with Section 6.34.096. The name and signature of the code enforcement officer.

(Ord. No. 3533, § 1, 5-20-25; Ord. No. 3590, § 1, 4-21-26)

(a) An appeal shall be filed with the department that issued the notice of nuisance, notice of violation, and notice of administrative fine within twenty days of the service of the notice of violation and fine by the person upon whom the notice is served.

(b) An appeal may contest that there was a violation or that the appellant is the responsible person. An appeal shall use the form provided by the department and may include any other supporting materials the appellant wishes to furnish.

(c) The appeal shall be submitted with an advanced deposit of the fine amount identified in the notice of violation and fine.

(Ord. No. 3533, § 1, 5-20-25; Ord. No. 3590, § 1, 4-21-26)

Editor's note— Ord. No. 3590, § 1, adopted April 21, 2026, renumbered §§ 6.32.095—6.32.097 as §§ 6.32.093—6.32.095.

(a) Pursuant to Government Code section 27721, the appeal shall be heard by the county hearing officer, established under Section 22.74.060 and 23.10.030.

(b) The hearing officer shall conduct the hearing as follows:

1. The hearing officer will hear sworn testimony and consider other evidence concerning the violation(s).

2. Respondents to enforcement actions may be present at the hearing, may be represented by counsel, may present testimony, evidence, and cross-examine witnesses.

3. If the respondent does not appear and present evidence at the hearing, the hearing officer may base their decision solely upon the evidence submitted by the enforcement officer. Failure of the respondent to appear and present evidence at the hearing shall constitute a failure to exhaust administrative remedies.

4. The hearing need not be conducted according to technical rules relating to evidence and witnesses, and may be continued from time to time.

5. The hearing shall be conducted in the English language. The proponent of any testimony by a witness who does not proficiently speak the English language shall provide an interpreter who has been certified as an interpreter by either the State of California or the County of San Luis Obispo.

6. The hearing officer will deliberate upon the evidence presented, and shall, within seven calendar days after the close of the hearing, issue a written decision and order.

7. If the hearing officer determines that the notice of fine should be upheld, the fine amount on deposit with the department shall be retained by the department.

8. If the hearing officer determines that the notice of fine should be reduced or canceled, and the fine was deposited with the department, then the department shall promptly refund the corresponding amount of the deposited fine.

9. The decision of the hearing officer shall be mailed to, or personally served upon, the respondent and any other party upon whom the notice of violation was served, and the code enforcement officer.

10. The decision shall be final when signed by the hearing officer and served as herein provided.

(Ord. No. 3533, § 1, 5-20-25; Ord. No. 3590, § 1, 4-21-26)

(a) Any notice required in compliance with this chapter shall be served by the enforcement officer as follows, except where this chapter provides otherwise.

1. A copy of the notice shall be either served personally or by mail, postage prepaid, certified, return receipt requested, to:

a. The owner of the affected premises as shown on the last equalized assessment role. If no address can be found or is known to the code enforcement officer, then the notice shall be mailed to the person at the address of the premises affected by the proceedings.

b. Any lessees of record of the real property;

c. The record owner of any affected recreational vehicle, mobile home or other vehicle and any holders of security interest(s) in the recreational vehicles, mobile homes or other vehicles;

d. Any holder of a mortgage, deed of trust, lien or encumbrance of record on the real property; and

e. Any person in real or apparent charge or control of the affected property, mobilehome, recreational vehicle or other vehicles.

2. A copy of the notice shall be prominently and conspicuously placed upon the premises affected by the enforcement proceedings.

3. A copy of the notice shall be recorded in the office of the county recorder of San Luis Obispo County within forty-five days of service of the notice, unless payment of the administrative fine amount identified in the notice is paid in full within that time, in which case the notice shall not be required to be recorded.

The failure of any person to receive the notice does not affect the validity of any proceedings taken hereunder.

(Ord. No. 3533, § 1, 5-20-25; Ord. No. 3590, § 1, 4-21-26)

Any person aggrieved by an administrative decision of the county hearing officer on an administrative citation may obtain review of the administrative decision by filing an appeal to be heard de novo by the Superior Court in accordance with the timelines and provisions set forth in California Government Code Section 53069.4. If no notice of appeal of the hearing officer's administrative decision is filed within the period set forth in Section 53069.4, the hearing officer's decision shall be deemed confirmed.

(Ord. No. 3533, § 1, 5-20-25)