Agenda Item No. 11
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: April 28, 2025 FROM: Matthew Bronson, City Manager
PREPARED BY: Bryan Millard, Police Commander
SUBJECT: Policy Direction on Social Host Ordinance for Fireworks Activity
RECOMMENDATION
Receive proposed regulatory framework for a Social Host ordinance related to fireworks activity and provide policy direction to staff on development of ordinance.
BACKGROUND
The discharge of illegal fireworks is a common problem faced by many jurisdictions in California, including Grover Beach and the surrounding communities. On May 18, 2020, Council approved an update to the Grover Beach Municipal Code that changed the public discharge period of Safe and Sane fireworks (legal ground-based fireworks approved by the State Fire Marshal) to only occur on July 4th from 10:00 a.m. to 10:00 p.m. The change became effective on June 19, 2020.
Since June 19, 2020, the Police Department has focused enforcement efforts on illegal fireworks being used in the city, which comprise a majority of the fireworks complaint calls the department responds to. Beginning in 2021, the department introduced the use of drone technology to help identify violators from above. The drones have proven successful by allowing staff to safely observe violations from the air and dispatch ground units. Additionally, the department believes the use of drones has been effective in reducing the use of illegal fireworks because of their welladvertised presence.
On March 10, 2025, staff provided an update to the Council about fireworks enforcement and oversight. As part of this update, staff presented the concept of a “Social Host ordinance” as another option to help deter illegal fireworks activity. Several communities including Elk Grove, Long Beach, and Santa Maria use such ordinances to levy fines against property owners and/or tenants for illegal fireworks activity at the property and the County is adopting a similar ordinance for unincorporated areas. The Council expressed interest in this concept and directed staff to agendize a discussion on a Social Host ordinance prior to potential development of such an ordinance in Grover Beach.
Prior to proceeding with drafting an ordinance, staff wished to present the Council with a proposed regulatory framework on such an ordinance for the Council’s review and policy direction. Pending this direction, staff would plan to proceed in drafting this ordinance and introducing it for a first reading at the May 12th meeting with a public hearing and second reading at the May 27th meeting.
This timeframe would allow the ordinance to go into effect by the July 4th holiday to help deter illegal fireworks activity.
Staff Report: Policy Direction on Social Host Ordinance for Fireworks Activity April 28, 2025
Proposed Regulatory Framework
Definition of Social Host
For this proposed ordinance, the term “Social Host” (also referred to as “host”) is proposed to be defined as:
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.
These three categories are included in the interest of broadly defining responsibility for such activity on public or private property and are similar to categories used in the Elk Grove ordinance.
However, the Council may wish to limit the definition of “Social Host” in this ordinance to one or more of the three categories shown above.
Host Liability
Except as may be permitted by State law, the proposed ordinance would state that a host who permits or fails to prevent any discharge of illegal fireworks on a property under their possession or control, or on an adjacent public or private street or sidewalk, shall be deemed to have actual or constructive knowledge that illegal fireworks have been discharged if the host has not taken all reasonable steps to prevent the discharge of illegal fireworks. This liability is based on the presumption that the record owner of a private property, as shown on the County’s latest equalized property taxes assessment rolls, and a lessee of the property has notice of any violation existing on or from said property. It is the duty of any host to take all reasonable steps to prevent the discharge of illegal fireworks on the host's property, or on an adjacent public or private street or sidewalk, within the city.
These provisions would not apply to:
1. The possession, manufacture, storage, display, sale, use, or discharge of safe and sane fireworks as permitted under Federal or State law.
2. A host who initiates contact with law enforcement or fire officials to assist in removing any person, or illegal fireworks, from the host’s property or terminating the activity in order to comply with this chapter, if the request for assistance is made before any other person contacts law enforcement or fire officials to complain about the violation of this chapter.
3. 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 illegal fireworks violations occurring in the common areas of the property.
Fines and Citations Issued
This proposed ordinance would authorize the imposition of administrative fines on any “Social Host” who violates any provision of the ordinance in order to encourage and obtain compliance for the benefit and protection of the entire community. This ordinance would specify the imposition, enforcement, collection and administrative review of all administrative fines related to possession, use, storage, sale and/or display of those fireworks classified as “illegal fireworks” as defined in Staff Report: Policy Direction on Social Host Ordinance for Fireworks Activity April 28, 2025
Section 12500 et seq. of the California Health and Safety Code. Exceptions include a pyrotechnic licensee when operating pursuant to that license and the use of “safe and sane fireworks” as defined in Section 12500 et seq. of the California Health and Safety Code on or at dates, times and/or locations other than those permitted by this chapter. Administrative fines are imposed under authority of Section 53069.4 of the Government Code, Section 12557 of the Health and Safety Code, and the police power of the City.
The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the City authorized hereunder; and the issuance of a citation to any responsible person constitutes but one remedy for the City to redress violations of this code. This ordinance would not limit the City’s ability or authority to employ any other remedy, civil or criminal, to redress any violation of this code by any responsible person.
The imposition of fines related to illegal fireworks under this chapter shall be limited to host(s) who possess, sell, use and/or display, or the seizure of, twenty-five (25 lbs) pounds or less (gross weight) of such illegal fireworks. Each violation observed would amount to a $1,000 citation issued.
Fines collected pursuant to this ordinance related to illegal fireworks shall not be subject to Section 12706 of the Health and Safety Code, which provides that certain fines collected by a court of the State be deposited with, and disbursed by, the County Treasurer.
This proposed ordinance would impose a duty upon the owners of all real property to ensure that there are no violations of this code related to illegal fireworks activity on such real property. Each violation of this code, whether on the same day or different day, shall constitute a separate violation and shall be subject to a separate administrative fine. Administrative fine(s) issued pursuant to this ordinance shall be due and payable in accordance with GBMC Chapter 37.016 and the citee shall be required to abate the violation and immediately surrender all illegal fireworks to the law enforcement personnel, and/or fire personnel, immediately. For penalties not paid in full within that time, a late charge in the amount set by resolution of the City Council may be imposed and must be paid to the City by the citee.
Payment of the administrative fine shall not excuse or discharge a citee from the duty to immediately abate and correct a violation of the code, nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of the code.
Appeals
Appeals for administrative citations issued in conjunction with this chapter will be handled in accordance with Grover Beach Municipal Code (GBMC) Chapter 37.016.
Misdemeanor
Any person who violates the provisions of this Chapter shall be guilty of a misdemeanor which shall be enforced pursuant to the provisions of GBMC Chapter 37.
FISCAL IMPACT
The adoption of a Social Host ordinance would require unknown administrative costs related to the processing and data entry of citations and payments collected on behalf of this ordinance.
Other associated costs are staff time related to the education and enforcement of this ordinance by City and Police Department personnel. Citations/fines issued to violators would likely offset these costs to the City related to enforcement of the ordinance.
Staff Report: Policy Direction on Social Host Ordinance for Fireworks Activity April 28, 2025
ALTERNATIVES
The Council has the following alternatives to consider:
1. Receive proposed regulatory framework for a Social Host ordinance related to fireworks activity and provide policy direction to staff on development of ordinance; or
2. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.