Agenda Item No. 6
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: May 12, 2025 FROM: Matthew Bronson, City Manager
PREPARED BY: Bryan Millard, Police Commander
Jim Munro, Police Chief
SUBJECT: Introduction and First Reading of an Ordinance to Amend Chapter 12 (Fireworks) of Article III (Public Welfare, Morals & Conduct) of the Grover Beach Municipal Code to Regulate Social Hosts Allowing Illegal Fireworks
RECOMMENDATION
Introduction and First Reading of an Ordinance Amending Chapter 12 (Fireworks) of Article III (Public Welfare, Morals & Conduct), adding sections 3996.1 through 3996.7 of the Grover Beach Municipal Code to Regulate Social Hosts who allow Illegal Fireworks; and schedule a public hearing and second reading to adopt the Ordinance at the next regularly scheduled City Council meeting.
BACKGROUND
On April 28, 2025, the Council received a presentation regarding the framework of a proposed ordinance that would regulate social hosts (property owners, renters, hosts) who allow illegal fireworks to be used on properties in their control within the City of Grover Beach. The Council directed staff to bring back this Ordinance to the Council for a first reading at the May 12, 2025, meeting. This Ordinance is shown in Attachment 1 and would amend Chapter 12 of Article III in the Grover Beach Municipal Code and would add sections 3996.1 through 3996.7 to the Chapter.
The Ordinance would adopt a new regulation within Chapter 12 of Article III regarding social hosts who allow illegal fireworks to be used on the property they are in control of.
As presented to the Council on April 28, “social hosts” are defined in the Ordinance as: (a) Any owner of private property as listed on the most recent assessment roll; and/or (b) Any person who has the right to use, possess, or occupy public or private property under a lease, permit, license, rental agreement, or contract; and/or (c) Any person who hosts, organizes, supervises, officiates, conducts, sponsors, or accepts responsibility for a gathering on public or private property.
Sections 3996.1 through 3996.7 seek to hold social hosts responsible for the use of illegal fireworks at the property they are in control of, or on a public sidewalk or street adjacent to the property within their control. Observed violations of this Ordinance could result in a $1,000 fine for each violation. Violations would be considered misdemeanors. Every illegal firework ignited would constitute a new violation of the Ordinance with no cap on the amount of fines issued. Staff would note that the policy intent of the Ordinance is to hold the host(s) responsible who are in control of the property at the time of any observed violation of the ordinance, whether they are the property owner or renter/lessee as defined in the ordinance. The Ordinance also incorporates provisions to acknowledge good faith efforts made by property owners such as notifying tenants and contacting the Police Department and/or the Five Cities Fire Authority as part of addressing this issue both proactively and after a reported occurrence.
Staff Report: Ordinance Regulating Illegal Fireworks and Social Hosts May 12, 2025
This Ordinance has been introduced to assist in reducing illegal firework activity within Grover Beach and is not intended to be an additional revenue source. Any revenue generated from violations of the Ordinance--after the required distribution to the Controller of the State of California for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund pursuant to Health and Safety Code section 12726-- would be used to cover the costs of administrative and enforcement activities (staff time & equipment) related to illegal fireworks.
FISCAL IMPACT
The Ordinance would require some administrative costs related to the processing and data entry of citations and payments collected on behalf of this Ordinance as well as education about the Ordinance. These costs are not known at this time but likely to be minimal. Citations/fines issued to violators would likely offset these costs to the City related to enforcement of the Ordinance and illegal fireworks activity in general.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Introduce and conduct a first reading, by title only, an Ordinance Amending Chapter 12 (Fireworks) of Article III (Public Welfare, Morals & Conduct), adding sections 3996.1 through 3996.7 of the Grover Beach Municipal Code to Regulate Social Hosts Allowing Illegal Fireworks; and schedule a public hearing and second reading to adopt the Ordinance at the next regularly scheduled City Council meeting; or
2. Do not introduce and conduct a first reading of the Ordinance; or
3. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Ordinance
ORDINANCE NO. 25-_______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH, CALIFORNIA, AMENDING CHAPTER 12 (FIREWORKS) OF ARTICLE III (PUBLIC WELFARE, MORALS & CONDUCT) OF THE GROVER BEACH
MUNICIPAL CODE TO ADOPT SUBSECTIONS TO REGULATE SOCIAL
HOSTS WHO ALLOW ILLEGAL FIREWORKS
WHEREAS, the discharge of illegal fireworks is a common problem faced by many jurisdictions in California, including the City of Grover Beach (“City”) and surrounding communities.
WHEREAS, effective June 19, 2020, the public discharge period of “Safe and Sane” fireworks (legal ground-based fireworks approved by the State Fire Marshal) was limited to only occur on July 4th from 10:00 a.m. to 10:00 p.m.
WHEREAS, since June 19, 2020, the Grover Beach Police Department (“GBPD”) has focused enforcement efforts on illegal fireworks being used in the City, which comprise a majority of the fireworks complaint calls the GBPD responds to.
WHEREAS, the City wishes to adopt this Social Host Ordinance to help deter illegal fireworks activity.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GROVER BEACH, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Sections 3996.1 through Section 3996.7 of Chapter 12 (“Fireworks”) of Article III (“Public Welfare, Morals & Conduct”) of the Grover Beach Municipal Code are hereby adopted to read as follows:
Sec. 3996.1. SOCIAL HOST LIABILITY – PURPOSE.
A. This Chapter authorizes the imposition of administrative fines on any person, including any “Social Host” who violates any provision of this ordinance in order to encourage and to obtain compliance with the provisions of this ordinance for the benefit and protection of the entire community. This Chapter governs the imposition, enforcement, collection, and administrative review of all administrative fines, related to: the possession, use, storage, sale, and/or display of those fireworks classified as “dangerous fireworks” in California Health and Safety Code section 12500, et. seq., with the exception of a pyrotechnic licensee when operating pursuant to that license; and the use of “safe and sane fireworks” as defined in California Health and Safety Code section 12500 et seq on or at dates, times and/or locations other than those permitted by this Chapter. Said administrative fines are imposed under authority of Government Code Section 53069.4, Health and Safety Code Section 12557, and the police power of the City.
B. 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.
Attachment 1
By adopting this Chapter, the City does not intend to limit its ability or authority to employ any other remedy, civil or criminal, to redress any violation of this Code by any responsible person.
C. The imposition of fines related to “dangerous 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 dangerous fireworks. Each violation observed would amount to a $1,000 citation issued.
D. Fines collected pursuant to this chapter related to “dangerous 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.
Instead, fines collected pursuant to this Chapter related to “dangerous fireworks” shall be subject to Health and Safety Code Section 12726, which section provides that 65 percent of all administrative fines or penalties collected by the City shall be forwarded to the Controller of the State of California for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund, as described in Health and Safety Code Section 12728.
E. This Chapter imposes a duty upon the owners of all real property to ensure that there are no violations of this Code related to “dangerous fireworks” 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.
Sec. 3996.2. DEFINITIONS.
The following definitions apply to the use of these terms for the purposes of this section relating to social host liability:
A. “Citee” means any person served with an administrative citation charging him or her as a responsible person for violation.
B. “Citation” means an administrative citation issued pursuant to this section to remedy a violation.
C. “Code” means the City of Grover Beach Municipal Code or any law, rule, regulation, or Code that is adopted by reference.
D. “Code Enforcement Officer” means any person duly authorized to enforce the provisions of this Code.
E. “Person” means a natural person or a legal entity that is also an owner, tenant, lessee and/or other person with any right to possession or control of the property where a violation of this code occurred.
F. “Responsible Person” means a person or host who causes a code violation to occur or allows a violation to exist or continue, by his or her action or failure to act, or whose agent, employee or independent contractor causes a violation to occur, or allows a violation to exist or continue. There is a rebuttable presumption that the record owner of a residential parcel, as shown on the County’s latest equalized property taxes assessment rolls, and a lessee of a residential parcel has a notice of any violation existing on said property. For purposes of this Chapter, there may be more than one responsible person for a violation. Any person, irrespective of age, found in violation of any provision of this Chapter may be issued a citation in accordance with the provisions of this Chapter. Every parent, guardian or other person, having the legal care, custody or control of any person under the age of 18 years, who knows or reasonably should know that a minor is in violation of this Chapter, may be issued a citation in accordance with the provisions of this Chapter, in addition to any citation that may be issued to the offending minor.
G. “Social host” or “host” means a person who is:
a. Any owner of private property as listed on the most recent assessment roll; and/or
b. Any person who has the right to use, possess, or occupy public or private property under a lease, permit, license, rental agreement, or contract; and/or c. Any person who hosts, organizes, supervises, officiates, conducts, sponsors, or accepts responsibility for a gathering on public or private property.
H. “Violation” or “Violates” refers to any violation of any provision of this code.
Sec. 3996.3. ISSUANCE OF ADMINISTRATIVE CITATION.
A. Whenever a Code Enforcement Officer determines that a violation of the code has occurred, the officer may issue an administrative citation on a City-approved form listing the code violation(s) and the amount of the administrative fine required to be paid by the responsible person(s) in accordance with the provisions of this Chapter and Chapter 4 of the Code.
Sec. 3996.4. HOST LIABILITY.
A. Except as may be permitted by State law, no host shall permit or fail to prevent the possession, sale, use, display, explosion, or discharge of any dangerous firework on the host’s property, or an adjacent public of private street or sidewalk, within the City of Grover Beach.
B. A host who permits or fails to prevent any discharge of dangerous fireworks on a property under their possession or control, or on adjacent public or private street or sidewalk, shall be deemed to have actual or constructive knowledge that dangerous fireworks have been discharged if the host has not taken all reasonable steps to prevent the discharge of dangerous fireworks.
C. There is a rebuttable 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 have notice of any violation existing on or from said property.
D. It is the duty of any host to take all reasonable steps to prevent the discharge of dangerous fireworks on the host’s property, or on an adjacent public or private street or sidewalk, within the City of Grover Beach.
E. The provisions of this section shall not apply to:
a. The possession, manufacture, storage, display, sale, use, or discharge of safe and sane fireworks as permitted under Federal or State law. b. A host who initiates contact with law enforcement or fire officials to assist in removing any person, or dangerous 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. c. 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 dangerous fireworks violations occurring in the common areas of the property, unless such person is determined to be a Responsible Person.
Section 3996.5. ADMINISTRATIVE FINES FOR FIREWORKS VIOLATIONS.
A. Each person who violates any provision of this Code as it relates to the possession, use, storage, sale and/or display of “dangerous fireworks” shall be subject to the imposition and payment of an administrative fine or fines as provided below.
B. Administrative fine(s) issued pursuant to this ordinance shall be due and payable in accordance with Chapter 4 of the GBMC 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. 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.
C. 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.
Section 3996.6. APPEALS. Appeals for administrative citations issued in conjunction with this chapter will be handled in accordance with Chapter 4 of the GBMC.
Section 3996.7. 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 Chapter 4 of the GBMC.
SECTION 2. SEVERABILITY. Each provision of this ordinance is severable, and the invalidity of any section or part thereof shall not affect the validity of its other provisions.
SECTION 3. EFFECTIVE DATE. This ordinance shall take effect and be in force thirty (30) days from and after its final passage.
SECTION 4. PUBLICATION. Within fifteen (15) days after passage, the City Clerk shall cause this ordinance to be published in a newspaper of general circulation.
INTRODUCED at a regular meeting of the City Council held on May 12, 2025. PASSED, APPROVED, and ADOPTED by the City Council at a regular meeting held on ___________, on the following roll call vote, to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
RECUSED: Council Members –
KASSI DEE, MAYOR
Attest:
WENDI B. SIMS, CITY CLERK
Approved as to Form
ROBERT LOMELI, CITY ATTORNEY