CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B2
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DATE: May 13, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Norma Tabares, City Attorney
Elise McCaleb, Community Development Director
RECOMMENDATION:
Recommendation to adopt on second reading by title only, Ordinance No. 2026-625, 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.
BACKGROUND
Each year, residents and visitors celebrate the July 4th holiday by discharging fireworks.
The Hawaiian Gardens Municipal Code (HGMC) allows the discharge of “safe and sane” fireworks between July 1 to 4. However, the discharge of illegal and dangerous fireworks is prohibited. The illegal discharge of fireworks has become significant enough that the Sheriff’s Department receives complaints about illegal firework use throughout the year.
In addition to discharging legally sold fireworks during permissible times, a significant number of residents, visitors, adults, and minors are discharging illegal dangerous fireworks and discharging fireworks during unauthorized times of the year. Furthermore, the significant fire hazards posed by illegal firework use, compounded by dry climatic conditions, create an ongoing threat to the public’s health, safety, and welfare.
Existing Regulations
The State of California has a robust statutory regime dealing with fireworks. Found in Health and Safety Code Sections 12500 et seq., the State imposes, among other things, restrictions on the use of fireworks (including both “safe and sane”1 and “dangerous 1 “Safe and sane fireworks” are defined in §12529 of the California Health and Safety Code and include small items such as fountains, spinners, and snap caps. The Office of the California State Fire Marshal puts a list on its website of fireworks that qualify based on general and specific standards for design, construction, performance, and labeling for such fireworks.
Ordinance No. 2026-625
May 13, 2026
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fireworks”3), a permitting system for firework displays, and criminal penalties for violating this part of the Health and Safety Code. More pertinent to this item is California Health and Safety Code Section 12541, which specifically authorizes cities to establish their own local fireworks prohibitions and regulations. Violations of the State’s Health and Safety Code are generally subject to misdemeanor prosecution.
The City previously adopted the Los Angeles County Fire Code via Chapter 15.20 of the Municipal Code. Section 5601.1.3 of the Los Angeles County Fire Code which prohibits the possession, manufacture, storage, sale, handling and use of fireworks with an exception for “safe and sane fireworks” that are explicitly allowed by local ordinance.
Pursuant to Health and Safety Code Section 12541 and Section 5601.1.3 of the Los Angeles County Fire Code, the City has established Chapter 6.28 of the Municipal Code regulating the use of fireworks in the City. Specifically, Section 6.28.010 of the Municipal Code allows the sale and discharge of safe and sane fireworks only from 12:00-9:00 pm, July 1 through July 4. Further, Chapter 6.28 also allows for the application and required findings for the issuance of a permit to set up and operate a fireworks stand in the City to sell safe and sane fireworks. The decision on any application issued by staff may be appealed by right to the City Council. The sale and offering of dangerous fireworks are strictly prohibited at all times.
Penalties
An administrative citation may be issued for any violation of Chapter 6.28. The fines are as follows:
• A fine of $2,000 for a first offense;
• A fine of $3,000 for a second offense within one year from the initial offense; • A fine of $4,500 for a third offense within one year from the initial offense.
The City is also authorized to enforce violations of Chapter 6.28 as misdemeanors and impose any other civil penalties established by resolution or ordinance.
Proposed Amendments
New language is recommended to Chapter 6.28 to strengthen the City’s ability to deter and enforce the use of unlawful fireworks. Specifically, the changes will strengthen the City’s ability to take enforcement action against property owners, lessors, and any other person in lawful possession of the property where unlawful fireworks are discharged. This enforcement authority will also extend to unlawful fireworks that are discharged in a public 3 “Dangerous fireworks” are defined in §12505 of the California Health and Safety Code and generally include fireworks that contain hazardous materials or exhibit explosive, projectile, or unpredictable behavior. This also includes firecrackers, skyrockets, Roman candles, large sparklers, and other items deemed unsafe by the State Fire Marshal.
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right of way adjacent to a property owner’s property, if they have knowledge, or should have had knowledge, of the acts that resulted in a violation.
More specifically, the recommended amendments add the definition of a “responsible person,” defined as anyone who violates Chapter 6.28, including a person who discharges illegal fireworks, as well as “hosts,” generally defined as anyone who is in lawful possession of real property (an owner, lessee, social host, etc.) where the violation occurs.
Responsible persons will be strictly liable for any violation that occurs (1) on their property, or (2) in the public right-of-way immediately adjacent to their property, when they know, or should have known, of the acts resulting in a violation. A responsible person will be subject to citation, regardless of their intent or awareness that a violation has occurred.
Moreover, a host will be required to take reasonable measures to prevent any violations on or adjacent to their property.
Notably, responsible persons will not be liable for violations committed by other persons if they are the first to report such violations to the City before the violations are observed by an enforcement officer.
The recommended changes will also allow the City to hold responsible persons liable for recoverable costs and incidental expenses, such as remediating damage caused to City property, associated with a violation of Chapter 6.28. Additionally, the City will be able to treat any violation of Chapter 6.28 that is a threat to health, safety, and welfare as a public nuisance and take corresponding abatement actions.
2026 Fireworks Outreach
In anticipation of the 4th of July, the City will be sending out two mailers, one in May and one in June which outlines the types of fireworks that are allowed and those that are prohibited. The proposed mailers will state that safe and sane fireworks are allowed to be discharged from July 1st to July 4th, specify the fines for using illegal fireworks, and outline safety tips. The City will also use social media posts and an electronic traffic control board to notify residents of the updated regulations and fines associated with the use of illegal fireworks.
FISCAL IMPACT
None.
Ordinance No. 2026-625
May 13, 2026
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ENVIRONMENTAL REVIEW
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.
ATTACHMENTS
Ordinance No. 2026-625