CITY OF GROVER BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 7
Placement: Business
Meeting Date: April 13, 2026
TO: Honorable Mayor and City Council
FROM: Matthew Bronson, City Manager
PREPARED BY: Kristin Eriksson, Assistant City Manager
SUBJECT: Policy Direction on Proposed Amendments to Social Host Fireworks Enforcement Ordinance
RECOMMENDATION
Receive an update on the implementation of the Social Host Fireworks Enforcement Ordinance and provide direction to staff on potential amendments to the Ordinance and accumulation of daily fines for violations.
BACKGROUND
Social Host Ordinance
The discharge of illegal fireworks is a common problem faced by many jurisdictions in California, including Grover Beach and the surrounding communities. The Police Department has long focused enforcement efforts on illegal fireworks being used in the city and beginning in 2021 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 well-advertised presence.
On March 12, 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”, to levy fines against property owners and/or tenants in control of a property for illegal fireworks activity at the property, as another option to help deter illegal fireworks activity. On May 27, 2025, the Council adopted such an ordinance for fireworks enforcement. Grover Beach Municipal Code (GBMC) Section 119.08 provides for an administrative citation in the amount of $1,000 for each violation, or each illegal firework set off, in possession or sold. This section also provided that such fines would be payable and challenged pursuant to existing provisions for other civil fines under GBMC Section 37.015. Section 37.015 specifies that “each and every day a violation exists”, which may include nonpayment of a civil fine, “shall be a separate and distinct violation and is subject to a separate and distinct civil fine.
Initial Enforcement Results
Following adoption of the Ordinance, the Police Department issued 12 citations for social host fireworks violations. Of those citations, three were paid in full on time, five citees have made partial payments or entered into payment plans with the City, one citation was dismissed after appeal, Staff Report: Proposed Amendments to Social Host Fireworks Ordinance Page 2 April 13, 2026
and three received no response from citees to date. As of April 1, 2026, the City collected a total of $7,487 for 2025 citations, of which 65% must be forwarded to the State Controller for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund, pursuant to CA Health and Safety Code Section 12726. The City is still owed over $128,000 in fines primarily from the three citees who have not responded.
Because the Ordinance provides for a $1,000 fine for “each violation observed”, citees were fined base fines up to $10,000 for a citation that listed 10 fireworks being discharged at a property.
Additionally, due to late payments accumulating daily fines, pursuant to the existing code sections, some fines totaled up to $30,000 as of December 2025. Staff noted that the accumulation of these significant fine amounts may be in excess of the Council’s policy intent when adopting the ordinance with a $1,000 base fine per violation. The City has paused further notifications of accumulated daily fines to citees, pending the Council’s consideration of potential changes to the code. Currently, pursuant to GBMC Section 37.036(F), the City may pursue any legal and equitable remedies for collection of civil fines, including by issuing a lien against the property.
Staff has observed that these higher fine amounts result in difficulty collecting the fines requiring a great deal of staff resources to track and monitor delinquencies. Further, these higher fine amounts call into question the benefit and rationale for such high base fines for multiple fireworks, for additional daily fines for nonpayment, or for the City to proceed with liens against violators’ properties for failure to pay these fines, however, this is the only true remedy currently provided through the GBMC for nonpayment.
Staff also noted that the process prescribed by GBMC Section 37.015 for general civil fines was not ideal for the enforcement of fireworks violations. Unlike many code violations, which are generally observed and cited by a Code Compliance Officer, fireworks citations are issued by Police Officers. However, pursuant to the existing ordinance, the preliminary review of these citations is conducted by the Community Development Department, rather than the Police Department, who control the evidence and would be best suited to providing the initial review of their citation.
Proposed Changes
Given these issues after the first year of enforcement, staff is proposing possible amendments to the GBMC regarding social host fireworks enforcement. These changes are intended to continue maintaining deterrence of the possession or discharge of illegal fireworks, including by holding a property owner or tenant responsible for the property accountable for violations, while instituting enforcement that is more equitable and reasonable and not overly burdensome for staff to manage. The proposed changes are in line with staff’s observations that fines can quickly escalate in excess of what the Council may have intended and that the process of review is not consistent with the reality of fireworks citation issuance.
Below are these proposed changes for the Council’s consideration:
• Remove provision providing that each violation observed would incur an additional $1,000 fine and instead add a provision to impose a tiered fine structure, based on the quantity of fireworks possessed, used or ignited:
o One to ten fireworks violations - $1,000
o Between ten and twenty fireworks violations - $3,000
o Gross violations of more than 20 violations - $5,000
• Provide that late fees may be assessed for failure to timely make payment and allow for unpaid fines to be referred to third-party collections agencies, rather than having the only remedy of imposing a lien on the property
Staff Report: Proposed Amendments to Social Host Fireworks Ordinance Page 3 April 13, 2026
• Modify the review process to:
o Allow for a preliminary review of a citations by the Police Department if requested within 10 days of the citation
o Provide that late fees will not be incurred during the review process o Provide for final review by the City Manager or designee by written appeal when requested within 30 days of the preliminary review
Staff recommends the Council consider these changes and provide direction to staff on whether to bring an Ordinance to the Council adopting these and potentially other changes or not to return with an Ordinance and leave the GBMC unchanged. Staff is also seeking direction on whether to retroactively apply these changes to outstanding citations by waiving accumulated daily fines incurred by citees for nonpayment or late payment of the base fines if they pay the base fine in full within 30 days of passage of the ordinance or through a payment plan with the City.
FISCAL IMPACT
There are no funding impacts to this item. Enforcement of fireworks citations is included in the Police Department and Community Development Department operating budgets. Reduction of fines would not impact the budget as these are not included in the City’s budgeted revenues. If Council directs staff to retroactively apply changes to the daily fines for nonpayment or repayment, reimbursement of approximately $1,200 to a citee who paid those fines may be required.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Provide direction to staff on potential amendments to the Ordinance and accumulation of daily fines for violations; or
2. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
ATTACHMENTS
1. Proposed Amendments to Social Host Fireworks Code Sections (tracked changes) Multi-Year Goals
☒ Public Safety and Community Services ☐ Economic Development and Housing ☐ Community Infrastructure ☐ Financial and Organization Sustainability Council Priorities
☐ Water & Wastewater Infrastructure ☐ Community Engagement ☐ Street Improvements and Maintenance
§ 119.08 SOCIAL HOSTS.
(A) Social host liability; purpose.
(1) This section authorizes the imposition of administrative fines on any person, including any "social host" who violates any provision of this section in order to encourage and to obtain compliance with the provisions of this chapter for the benefit and protection of the entire community. This section 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 Cal. Health and Safety Code §§ 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 Cal. Health and Safety Code §§ 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 Cal. Government Code § 53069.4, Cal.
Health and Safety Code § 12557, and the police power of the city. (2) 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. By adopting this section, 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. (3) The imposition of fines related to "dangerous fireworks" under this section shall be limited to host(s) who possess, sell, use and/or display, or the seizure of, 25 pounds or less (gross weight) of such dangerous fireworks.
(4) Fines collected pursuant to this chapter related to "dangerous fireworks" shall not be subject to Cal. Health and Safety Code § 12706, 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 section related to "dangerous fireworks" shall be subject to Cal. Health and Safety Code § 12726, which section provides that 65% 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 Cal.
Health and Safety Code § 12728.
(5) This section 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.
(B) Definitions. The following definitions apply to the use of these terms for the purposes of this section relating to social host liability.
CITATION. An administrative citation issued pursuant to this section to remedy a violation.
Attachment 1
CITEE. Any person served with an administrative citation charging him or her as a responsible person for violation.
CODE. The City of Grover Beach Municipal Code or any law, rule, regulation, or code that is adopted by reference.
CODE ENFORCEMENT OFFICER. Any person duly authorized to enforce the provisions of this code.
PERSON. 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.
RESPONSIBLE PERSON. 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 section, there may be more than one responsible person for a violation. Any person, irrespective of age, found in violation of any provision of this section may be issued a citation in accordance with the provisions of this section. 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 section, may be issued a citation in accordance with the provisions of this section, in addition to any citation that may be issued to the offending minor.
SOCIAL HOST or HOST. 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.
VIOLATION or VIOLATES. Any violation of any provision of this code. (C) Issuance of administrative citation. 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 section and this code.
(D) Host liability.
(1) 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. (2) 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.
(3) 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. (4) 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.
(5) 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.
(E) Administrative fines for fireworks violations.
(1) 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. (2) Administrative fine(s) issued pursuant to this section shall be due and payable in accordance with §§ 37.015 et seq. 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. (a) Notwithstanding the provisions of §§ 37.015 et seq., any Social Host or Responsible Person who violates this section shall be subject to administrative fines based on the quantity of fireworks possessed, used, ignited, or discharged on the premises. (b) Administrative fines shall be imposed as follows:
(i) One (1) to ten (10) fireworks shall result in an administrative fine of One Thousand Dollars ($1,000).
(ii) Ten (10) to twenty (20) fireworks shall result in an administrative fine of Three Thousand Dollars ($3,000).
(ii) Gross violations of more than twenty (20) fireworks shall result in an administrative fine of Five Thousand Dollars ($5,000) twenty (20).
(3) 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. (4) Notwithstanding the provisions of §§ 37.015 et seq., failure to pay an administrative citation under this section does not constitute a separate and distinct violation subject to a separate and distinct civil fine; however, late fees may be assessed for failure to timely make payment pursuant to §§ 37.015 et seq.
(i) Notwithstanding any other remedies available to the City for collection of civil fine payments pursuant to §§ 37.015 et seq., the city may send non-payments of administrative citations pursuant to this section to a third party collections agency after 30 of days.
(F) Appeals. Appeals for administrative citations issued in conjunction with this chapter will be handled in accordance with §§ 37.015 et seq.
(1) Notwithstanding the procedures set forth in § 37.037, a responsible person may request a preliminary civil citation review. The request for a preliminary civil citation review shall be actually received by, submitted to, and conducted/reviewed by the Police Department. (i) Notwithstanding the procedures set forth in § 37.037, the request for a preliminary civil citation review shall be submitted and received by the Police Department within 10 calendar days of the date of issuance of the civil citation. (ii) The preliminary civil citation review shall consist of a review of the citation, the written statement and any other evidence submitted at the time of the request by the responsible person and, at the discretion of the reviewer, any other related information.
The review shall be decided within three (3) business days of receipt of the request. A written decision shall be provided to the responsible party at such time. (2) Notwithstanding the provisions of §§ 37.015 et seq., in the case of an appeal, late fees shall be tolled and not assessed until after the conclusion of a hearing. (3) Notwithstanding the provisions of §§ 37.015 et seq., any person aggrieved by a preliminary civil citation review decision may seek final review by the City Manager, or designee, by filing a written appeal with the City Manager’s Office within 30 calendar days of an preliminary civil citation review decision pursuant to § 37.039.
(i) The written appeal must indicate the grounds for contesting the civil citation and/or civil fine.
(ii) To be effective and complete, the city must actually receive the request within 30 calendar days of the date the preliminary civil citation review decision. Where the responsible person mails a request, the request shall be deemed filed on the date actually received by the city.
(iii) Upon receipt of an appeal to the City Manager, or designee, the City Manager or designee shall have 30 of calendar days to set a hearing and 10 business days after the hearing to issue a written decision to the appeal. There shall be no further hearing and the decision shall exhaust the responsible person’s administrative remedies. (G) Misdemeanor. Notwithstanding any other remedy for violation of this section, any person who violates the provisions of this chapter may additionally be guilty of a misdemeanor which shall be enforced pursuant to the provisions of §§ 37.015 et seq. (Ord. 25-02, passed 5-27-2025)