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ORDINANCE NO. 2026-625
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS, CALIFORNIA AMENDING CHAPTER 6.28 OF TITLE 6 OF
THE HAWAIIAN GARDENS MUNICIPAL CODE REGARDING
FIREWORK REGULATIONS AND FINDING THE ACTION TO BE
EXEMPT FROM CEQA
WHEREAS, the City of Hawaiian Gardens, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California;
WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens;
WHEREAS, Health and Safety Code Sections 12500 et seq. impose a statewide framework of restrictions on the use of fireworks, a permitting system for firework displays, and criminal penalties for violating this part of the Health and Safety Code; WHEREAS, California Health and Safety Code Section 12541, specifically authorizes the City to establish its own local fireworks prohibitions and regulations; WHEREAS, the use, possession, and sale of fireworks in the City creates a hazard to the personal safety and well-being of the community and has become significant enough that the Sheriff’s Department now receives complaints about illegal fireworks throughout the year;
WHEREAS, while the Hawaiian Gardens Municipal Code and State law have existing prohibitions and rules on fireworks in the City, enforcement and compliance is an ongoing challenge throughout the year, particularly in and around the 4th of July holiday; WHEREAS, because of the fire hazard risks that the illegal fireworks produce, coupled with dry climatic conditions, the City has determined that there is a current and immediate threat to the public peace, health, safety and welfare posed by the use, possession and/or sale of fireworks in the City and that such interests would be served by enhancing the City’s fireworks regulations;
WHEREAS, to address these issues, the City Council is seeking to update Chapter
6.28 of the Hawaiian Gardens Municipal Code to strengthen the City’s ability to deter and enforce the use of unlawful fireworks;
WHEREAS, all legal preconditions to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS DOES ORDAIN AS FOLLOWS:
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SECTION 1. Recitals. The above recitals are hereby adopted by the City Council and incorporated as set forth in this section.
SECTION 2. CEQA. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment because the amendments only enhance and clarify the existing regulatory framework for fireworks without introducing new environmental risks. (14 Cal. Code Regs. § 15378(a).) Even if the Ordinance is considered a “project” subject to CEQA, it is categorically exempt because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment for the same reasons above. (14 Cal. Code Regs. § 15061(b)(3).) Staff is further directed to file a Notice of Exemption for this Ordinance with the County Clerk and the State Clearinghouse in accordance with State CEQA Guidelines.
SECTION 3. The City Council authorizes Chapter 6.28 (Fireworks) of Title 6 of the Hawaiian Gardens Municipal Code to be amended as provided in this Ordinance (additions in underline, deletions in strikethrough).
SECTION 4. Section 6.28.005 (Definitions) is hereby amended in its entirety to read as follows:
6.28.005 Definitions.
For purposes of this chapter, the following definitions will apply. If any of the definitions in this chapter conflict with definitions in other provisions of this Municipal Code, these definitions shall control for the purposes of this chapter:
Chapter means this Chapter 6.28 of the Hawaiian Gardens Municipal Code.
Citation means an administrative citation issued pursuant to this section to remedy a violation.
City means the City of Hawaiian Gardens.
Code or Municipal Code means the Hawaiian Gardens Municipal Code.
Dangerous fireworks is defined by Section 12505 of the California Health and Safety Code, or as that section may be amended.
Host means any person who has legal title to, or leases, rents or is in lawful possession of, any real property in the City, or is otherwise an “Owner” as defined in Section 1.13.020 of this Code; or hosts, organizes, supervises, officiates, conducts, or sponsors a gathering on public or private property. If a host is a minor, then the minor’s parents or legal guardians may also be deemed a host. There may be more than one host associated with a single piece of property.
Enforcement officer shall have the meaning set forth in Section 1.13.020 of this Code.
Person means and includes any individual, partnership of any kind, a corporation of any kind, limited liability company, association, joint venture or other organization or entity, however formed, as well as fiduciaries, trustees, heirs, executors, administrators, or assigns, or any combination of such persons.
Responsible person means a person or host who causes a violation to occur, or allows a violation to exist or continue by their action or failure to act, whether or not present at the time of the violation. If a 65320.00001\44924511.1
responsible person is a minor, then the minor’s parents or legal guardians may also be deemed a responsible person. More than one responsible person may be associated with a single violation.
Safe and sane fireworks, or any variation of this phrase, is defined by Section 12529 of the California Health and Safety Code, or as that section may be amended.
Violation or violates means an act or omission of any act, or use or condition that constitutes an offense of any provision of this chapter.
SECTION 5. Sections 6.28.010 (Safe and Sane Fireworks) is hereby amended in its entirety to read as follows:
6.28.010 – Safe and sane fireworks.
A. Safe and sane fireworks may only be sold and discharged within the City between 12:00 p.m. and 9:00 p.m. each day from July 1 to July 4.
B. It is unlawful for any child under the age of 16 to possess, transport, buy, sell, offer to buy or sell, give, receive, ignite, set off, discharge, or otherwise use safe and sane fireworks within the City at any time except under the direct supervision of that child's parent, legal guardian, or other adult person acting in loco parentis of that child.
C. No person shall possess, transport, buy, offer to buy, sell, offer to sell, give, receive, fire, set off, discharge, or use any safe and sane fireworks in a manner likely to cause injury to life or property.
SECTION 6. Sections 6.28.020 (Fireworks other than safe and sane fireworks) is hereby amended in its entirety to read as follows:
A. Except as provided in this chapter, no person shall possess, transport, buy, sell, offer to buy or sell, give, receive, ignite, set off, discharge, or otherwise use any fireworks not classified as safe and sane, including dangerous fireworks, at any time within the City.
B. To the maximum extent allowable by law, a responsible person may be charged for all recoverable City costs and incidental expenses incurred as a result of a violation of this chapter, including, but not limited to, any costs associated with remediating damage caused to City property.
SECTION 7. Sections 6.28.025 (Responsible Person Liability) is hereby added to read as follows:
A. A responsible person is strictly liable for any violation that occurs (1) on property that the responsible person owns, leases, possesses, or controls, or (2) in the public right-of-way immediately adjacent to property that the responsible person owns, leases, possesses, or controls, when the responsible person has knowledge, or should have knowledge, of the acts resulting in a violation.
B. A responsible person is subject to citation for any violation, regardless of the responsible person’s intent or awareness of the violation.
C. It is a rebuttable presumption that any prohibited act under this chapter conducted in the public rightof-way or any public property by any person is attributable to the host that owns, leases, possesses, or controls the property immediately adjacent to the public right-of-way or public property where the violation occurred.
D. A responsible person is not liable for violations committed by other persons if the responsible person is the first to report such violations to an enforcement officer, or other authority as designated by the City, for immediate assistance before the violations are observed by an enforcement officer.
E. A host shall take reasonable measures to prevent any violations on or adjacent to property that the host owns, leases, possesses, or controls.
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SECTION 8. Section 6.28.160 (Violations) is hereby amended in its entirety to read as follows:
6.28.160 – Violations.
A. Any violation of this chapter is unlawful and constitutes a strict liability offense, regardless of intent or personal knowledge.
B. Administrative citations.
1. Whenever an enforcement officer determines that a violation of this chapter has occurred, the enforcement officer may issue a citation in accordance with Chapter 1.13 of this Code.
2. Notwithstanding the amounts authorized by Chapter 1.13 of this Code, any person who violates any provision of this Chapter 6.28 is subject to administrative fines in the following amounts:
a. A fine of $2,000.00 for a first offense;
b. A fine of $3,000.00 for a second offense within one year from the initial offense; c. A fine of $4,500.00 for a third offense within one year from the initial offense.
3. Citations may be appealed pursuant to Chapter 1.13 of this Code.
4. Issuance of a citation shall not excuse or discharge a responsible person from the duty to immediately abate and correct a violation of this chapter, nor from any other responsibility or legal consequences for a violation of this chapter.
B.C. In addition to or in lieu of other action, the City may, at its discretion, undertake any one or all of the following legal actions for violations under this chapter:
1. Criminal penalty. Any violation of this chapter constitutes a misdemeanor punishable under Chapter 1.12 of this Code.
2. Administrative citations. Notwithstanding the amounts authorized by Chapter 1.13 of this Code, any person who violates any provision of this Chapter 6.28 is subject to administrative fines in the following amounts:
a. A fine of $2,000.00 for a first offense;
b. A fine of $3,000.00 for a second offense within one year from the initial offense; c. A fine of $4,500.00 for a third offense within one year from the initial offense.
3.2. Civil penalties. Any person who violates any provision of this chapter is liable for a civil penalty established by resolution or ordinance of the City Council.
C.D. The City Council may by resolution or ordinance establish, modify, or amend fees for the implementation, administration, and enforcement of this chapter, including, penalties for delinquent payment of such fees.
E. Any condition caused or permitted to exist in violation of this chapter constitutes a threat to public health, safety, and welfare, and is declared and deemed a public nuisance, which may be summarily abated or restored by the City at the violator's expense and the City may institute a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance.
D.F. The remedies provided in this chapter are cumulative and not exclusive and nothing in this chapter precludes the use or application of any other remedies, penalties, or procedures established by law.
This chapter is not the exclusive regulation for fireworks within the City. This chapter supplements and is in addition to the other regulatory codes, statutes, regulations and ordinances heretofore and hereinafter enacted by the City of Hawaiian Gardens, the State of California, or any other legal entity 65320.00001\44924511.1
or agency having jurisdiction. Where allowed by law, and as authorized by California Health and Safety Code Section 12541, this chapter supersedes any conflicting provision of the Hawaiian Gardens Fire Code (Chapter 15.20).
SECTION 9. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Hawaiian Gardens hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 10. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 11. Records. The documents and materials associated with this ordinance that constitute the record of proceedings on which the City Council’s findings and determinations are based are located at City Hall, 21815 Pioneer Boulevard, Hawaiian Gardens, CA 90716.
SECTION 12. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City.
PASSED, APPROVED, and ADOPTED, by the City Council of the City of Hawaiian Gardens, California at a regular meeting of the City Council held on the __day of ____, 2026.
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Maria Teresa Del Rio, Mayor
ATTEST:
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Pablo Rubio, City Clerk