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9 ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY, CALIFORNIA ADDING CHAPTER 11.21 TO TITLE 11 OF THE CATHEDRAL CITY MUNICIPAL CODE TO PROHIBIT AND
REGULATE FIREWORKS WITHIN THE CITY
WHEREAS, the City Council of the City of Cathedral City, pursuant to police powers delegated to it by the California Constitution, has the authority to enact legislation that promotes the public health, safety and general welfare of its residents; and WHEREAS, the use of fireworks within the City of Cathedral City (“City”) poses a threat to public health, safety and welfare; and
WHEREAS, the City Council finds that the use, discharge, sale, offering for sale, possession, storage, and transportation of fireworks within the City create significant risks of fire, explosion, burns, bodily injury, death, property damage, noise disturbance, and diversion of police, fire, and other emergency response resources; and WHEREAS, the City desires to prohibit fireworks within the City to further deter unlawful fireworks-related activities; and
WHEREAS, the City Council further finds that meaningful administrative, civil, and criminal enforcement measures are necessary to deter unlawful fireworks-related activities and to protect the public health, safety and welfare; and WHEREAS, the City Council further finds that persons who cause, permit, aid, abet, or allow fireworks violations on property they own, occupy, or control should be held responsible because such violations frequently occur on private property and are otherwise difficult to deter and enforce effectively; and WHEREAS, the administrative citation provisions of this ordinance are adopted pursuant to the City’s police power, Government Code section 53069.4, and, where applicable, Health and Safety Code section 12557; and
WHEREAS, the proposed ordinance is not a “project” under CEQA Guidelines section 15060(c)(3) and, alternatively, is exempt from review under CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that it will have no significant effect on the environment.
THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY ORDAINS AS FOLLOWS:
SECTION 1. RECITALS
The above recitals are true and correct and are hereby incorporated herein by this reference.
SECTION 2. ADDING CHAPTER 11.21 TO TITLE 11 OF THE CATHEDRAL CITY
MUNICIPAL CODE
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9 Chapter 11.21 is added to Title 11 of the Cathedral City Municipal Code to read in its entirety as follows:
Chapter 11.21 Fireworks Prohibited.
§ 11.21.010 Definitions.
As used in this chapter, the following terms shall have the meanings set forth below:
A. Fireworks refers to and has the same meaning as that set forth in Health and Safety Code Section 12511, as may be amended from time to time.
B. Public display means a fireworks display conducted by a duly licensed pyrotechnic operator pursuant to a valid permit or approval issued in accordance with applicable state law and any permit requirements established by the City.
C. Responsible person means any person or entity who causes, permits, aids, abets, suffers, allows, or hosts a violation of this chapter, including but not limited to an owner, tenant, occupant, lessee, property manager, event organizer, or other person having possession, custody, or control of property on which a violation occurs.
D. Salute means any firework designed primarily to produce a loud report or explosive effect, including but not limited to fireworks commonly referred to as “salutes,” “report shells,” or other concussion-style fireworks.
E. Dangerous fireworks refers to and has the same meaning as set forth in Health and Safety Code Section 12505, as may be amended from time to time. § 11.21.020 Prohibitions.
A. No person or entity shall display, possess, discharge, sell, or offer to sell fireworks within the City except as otherwise expressly authorized by this chapter or state law.
B. Fireworks displayed, possessed, discharged, sold, or offered for sale in violation of this chapter are subject to seizure, impoundment, storage, transportation, and disposal by the City.
C. The possession and discharge of fireworks for public display by licensed pyrotechnic operators may be permitted for outdoor displays if approved by the Fire marshal, City Manager and City Council. Special effects pyrotechnics for indoor displays may be permitted if approved by the Fire Marshal and City Manager and otherwise authorized by state law.
D. In no case shall the discharge of a salute or any other similar class of concussion style firework be permitted.
E. A responsible person who causes, permits, aids, abets, or allows the display, possession, discharge, sale or offering for sale of fireworks on property owned, occupied, or controlled by that person is responsible for a violation of this chapter. § 11.21.030 Violations, notices, remedies and penalties. 4919-4376-2236 v5 3
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9 A. Any violation of this chapter is declared to be a public nuisance and may be enforced through any lawful means, including, but not limited to, notice of violation, administrative citation, criminal prosecution, or civil action.
B. In addition to any other remedy provided for by this code, any violation of the provisions of this chapter is subject to administrative citation pursuant to Chapter 13.58 of the Municipal Code.
C. Each violation of this chapter is specifically designated as a misdemeanor.
D. This chapter may be enforced by the City’s law enforcement officers, code enforcement officers, fire officials, and such other officers, employees, or agents of the City as are authorized by law or designated by the City Manager to enforce this chapter.
E. Pursuant to Penal Code section 836.5, any City officer or employee authorized by ordinance and charged with enforcement of this chapter, including a City code enforcement officer, may exercise the authority permitted by that section for misdemeanors committed in the officer’s presence.
F. Each day a violation continues may constitute a separate violation to the extent permitted by law.
G. Where authorized by applicable law, including Health and Safety Code Section 12557, a responsible person may be required to reimburse the City for its actual costs, and the Office of the State Fire Marshal for its actual costs, incurred for the seizure, impoundment, storage, transportation, collection, and disposal of dangerous fireworks.
H. The remedies provided in this chapter are cumulative and in addition to any other remedies or enforcement authority available under this Code, the Fire Code, state law, or other applicable law.
SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Adoption of this ordinance is not subject to CEQA, as it is not a “Project” as defined by CEQA. (CEQA Guidelines Section 15060(c)(3)). A project means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to amend the Cathedral City Municipal Code to prohibit and regulate the display, possession, discharge, sale and offering for sale of fireworks within the City. This action is further exempt from CEQA under the “common sense” exemption as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3)).
SECTION 4. SEVERABILITY
If any chapter, section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have 4919-4376-2236 v5 4
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9 adopted this ordinance, and each chapter, sections, subsections, subdivisions, sentences, clauses, phrases, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. EFFECTIVE DATE
This Ordinance shall become effective thirty (30) days from and after its final passage.
SECTION 6. PUBLICATION
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933(c).
SECTION 7. CERTIFICATION
The foregoing Ordinance was approved and adopted at a meeting of the City Council held on the ____ day of _____________, 2026, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
___________________________
Raymond Gregory, Mayor
ATTEST:
____________________________
Christina Burton, City Clerk
APPROVED AS TO FORM:
____________________________
Eric S. Vail, City Attorney
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