201 S. Anaheim Blvd.
Suite #300
Anaheim, CA 92805
Tel: (714) 765-4000
Fax: (714) 765-4008
www.anaheim.net
CITY COUNCIL AGENDA REPORT
City of Anaheim
FIRE & RESCUE DEPARTMENT
DATE: APRIL 22, 2025
FROM: FIRE & RESCUE DEPARTMENT
SUBJECT: INTRODUCE AN ORDINANCE AMENDING CHAPTER 6.40
(FIREWORKS) OF THE ANAHEIM MUNICIPAL CODE TO ADD
PROVISIONS IMPOSING HOST LIABILITY
ATTACHMENT (Y/N): YES ITEM # 22
GOVERNMENT CODE § 84308 APPLIES: NO
REQUESTED ACTION:
That the City Council, by Ordinance, amend Chapter 6.40 (Fireworks) of the Anaheim Municipal Code to add provisions imposing Host liability.
BACKGROUND:
The California Office of the State Fire Marshal classifies types of fireworks and associated licenses required to sell, transport, or possess each type based on its classification. Under current law, it is illegal for anyone to possess, sell or discharge any type of firework classified as “dangerous”. The only firework classification allowable in California is the “safe and sane” designation, and the City of Anaheim has adopted clear regulations to help guide the safe use of this product, including permitting of booth sales, as well as limiting the discharge of these devices to the Fourth of July holiday only. It is worth noting that due to the threat of wildfire, even safe and sane fireworks are not allowable east of the 55 freeway, and south of the 91 freeway, even on the Fourth of July.
DISCUSSION:
At the March 25, 2025, City Council meeting, Mayor Pro Tem Natalie Meeks requested that staff return with a Host Liability Ordinance addressing the illegal possession, sale and discharge of fireworks for Council consideration.
Over the years, Anaheim has implemented several proactive measures to reduce the harmful effects associated with illegal possession, sales and discharge of fireworks, including public education campaigns and coordinated enforcement operations. Despite these efforts, illegal possession, sale and discharge of fireworks remain a serious and ongoing issue throughout the city and surrounding region, leading to safety hazards, noise complaints, and property damage. Under existing regulations, officials must determine the individual who possesses, sells, or discharges fireworks to issue a citation.
This requirement limits the City’s ability to deter violations and hold others involved accountable.
Ordinance amending Chapter 6.40 (Fireworks) of the Anaheim Municipal Code to Add Provisions Imposing Host Liability April 22, 2025
To address these limitations and provide enhanced enforcement tools, the adoption of a Host Liability Ordinance is proposed. This ordinance would allow the City to hold hosts liable if fireworks are illegally possessed, sold, or discharged on the premises. Hosts are defined as a person who either oversees a private property, including but not limited to an owner, tenant, landlord, or property manager of the property or organizes, supervises, officiates, conducts, controls or is otherwise in charge of the activity on the property. The proposed ordinance will also apply to hosts who aid or abet in the illegal possession, sale or discharge of fireworks on adjacent public rights-of- way. This accountability measure is intended to encourage greater responsibility among those hosting or overseeing events and gatherings, and to deter illegal fireworks activity throughout the city.
Hosts are subject to all the provisions and penalties set forth in Chapter 6.40 (Fireworks) of the Anaheim Municipal Code which include an administrative citation of $1,000 for the first offense, $2,000 for the second offense and $3,000 for the third offense. The ordinance does include a liability exemption for hosts if they promptly seek assistance from the Anaheim Police Department to report a firework violation occurring on their property.
The proposed Host Liability Ordinance represents an enhancement to Anaheim’s ongoing efforts to reduce the harmful impacts of illegal possession, sale and discharge of fireworks. By holding hosts accountable for activity on their premises, the ordinance will strengthen the City’s enforcement toolkit, promote neighborhood safety, and foster a culture of shared responsibility. Similar ordinances have been implemented in other cities, including Long Beach, Lakewood, Signal Hill, and Buena Park, aimed at addressing illegal fireworks activity and supporting public safety efforts.
It is important to note that this ordinance is not intended to place an undue burden on residents who legally and responsibly celebrate the Fourth of July holiday. Instead, the ordinance is tailored to address reckless and unlawful behavior that poses threats to the community and strains City resources.
If adopted, City staff will initiate a comprehensive public outreach campaign to inform residents, homeowners, renters, and neighborhood leaders of the new ordinance. Educational materials will be distributed through social media, the City’s website, and shared in person at community events and neighborhood meetings in advance of the Fourth of July holiday.
IMPACT ON BUDGET:
Adoption of this Code amendment has no budgetary impact. Related enforcement activities are funded within existing departmental budgets.
Respectfully submitted, Concurred by,
Pat Russell Rick P. Armendariz
Fire Chief Chief of Police
Ordinance amending Chapter 6.40 (Fireworks) of the Anaheim Municipal Code to Add Provisions Imposing Host Liability April 22, 2025
Concurred by,
Heather Allen
Planning & Building Director
Attachments:
1. Ordinance- Host Liability for Fireworks
2. Ordinance (Redline)