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Agenda Item No: 3.a
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: April 21, 2026
Submitted by: Teri Knutson
From: Police Department
Subject:
PROPOSED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLACENTIA, ADDING CHAPTER 10.74 (FIREWORKS) TO TITLE 10 (PEACE, MORALS, AND SAFETY)
OF THE PLACENTIA MUNICIPAL CODE
Financial Impact:
Fiscal Impact:
None.
Summary:
There is currently limited mechanism for the enforcement of the use of fireworks within the City of Placentia. The addition of Chapter 10.74 to the Municipal Code will provide for clear regulations prohibiting fireworks within the City and for the enforcement of any violation of these regulations.
Recommendation:
Recommended Action: It is recommended that the City Council:
Waive full reading, by title only, and introduce for first reading Ordinance No. 0-2026-06, an Ordinance of the City Council of the City of Placentia, California, adding Chapter 10.74 (Fireworks) to Title 10 (Peace, Morals, and Safety) of the Placentia Municipal Code.
Strategic Plan Statement:
This item conforms to Strategic Plan Goal No. 2: Public Safety, to provide a safe, family - friendly environment through proactive policing, efficient fire and emergency medical services, disaster preparedness, and strong community partnerships that protect residents, businesses and visitors.
Discussion:
Fireworks pose a significant risk of personal injuries, property damage, fires and other threats to public safety. Currently the Placentia Municipal Code is limited, other than in the Fire Code, in regard to regulation of fireworks. If unregulated, the possession, storage, use, manufacture, transportation, and sale of fireworks will continue to pose a threat to the public health, safety, and welfare of the City and its residents.
The attached Ordinance confirms the prohibition of fireworks, even safe and sane, within the City. The Ordinance allows for enforcement for violations of the proposed prohibition. It also 1 provides for those individuals who will be deemed responsible to be cited and subject to additional penalties.
Attachments
Ordinance No. 0-2026-06 - Fireworks.docx
Fireworks Ordinance Powerpoint.pptx
2 ORDINANCE NO. 0-2026-06
AN ORDINANCE OF THE CITY OF PLACENTIA, CALIFORNIA, ADDING A NEW CHAPTER 10.74 (FIREWORKS) TO TITLE 10 (PEACE, MORALS,
AND SAFETY) OF THE PLACENTIA MUNICIPAL CODE REGARDING
THE REGULATION OF FIREWORKS WITHIN IN THE CITY OF
PLACENTIA
City Attorney's Summary
This Ordinance would result in an amendment to Title 10 (Peace, Morals, and Safety) of the Placentia Municipal Code by adding Chapter 10.74 (Fireworks). This Chapter establishes regulations governing the possession, storage, use, manufacture, transportation, and sale of fireworks within the City of Placentia.
WHEREAS, the City of Placentia has the authority under its police power to enact regulations for the public health, safety, and welfare; and WHEREAS, the unregulated possession, storage, use, manufacture, transportation, and sale of fireworks pose a threat to the public health, safety, and welfare of the City and its residents; and
WHEREAS, fireworks pose a significant risk of personal injuries, property damage, fires and other threats to public safety; and
WHEREAS, California Health and Safety Code section 12541 authorizes the City Council to establish local regulations on fireworks; and WHEREAS, the City Council of the City of Placentia finds that establishing an ordinance to regulate the possession, storage, use, manufacture, transportation, and sale of fireworks will promote the public health, safety, and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 10.74 (Fireworks) is hereby added to Title 10 (Peace, Morals, and Safety) of the Placentia Municipal Code to be read as follows:
Chapter 10.74 Fireworks
§10.74.010 Definitions
§10.74.020 Prohibition
§10.74.030 Displays
§10.74.040 Exceptions
§10.74.050 Seizure and disposal
Ordinance No. 0-2026-06
3 §10.74.060 Penalties
§10.74.070 Responsible Party
§10.74.010 Definitions
As used in this chapter, the following terms and words shall have the following meanings:
"Dangerous Fireworks" has the same meaning as in California Health and Safety Code §12505 and includes all of the following:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Any fireworks which contain any of the following:
(a) Arsenic sulfide, arsenates, or arsenites;
(b) Boron;
(c) Chlorates, except:
(i) In colored smoke mixtures in which an equal or grater amount of sodium bicarbonate is included;
(ii) In caps and party poppers;
(iii) In those small items (such as ground spinners) in which the total powder content does not exceed four grams, of which not greater than 15% (or 600 milligrams) is potassium, sodium, or barium chlorate;
(d) Gallates or gallic acid;
(e) Magnesium (magnesium -aluminum alloys, called magnalium, are permitted);
(f) Mercury salts;
(g) Phosphorous (red or white except that red phosphorous is permissible in caps and party poppers);
(h) Picrates or picric acid;
(i) Thiocyanates;
(j) Titanium, except in particle size greater than 100 -mesh; (k) Zirconium.
Firecrackers;
Skyrockets and rockets, including all devices which employ any combustible or explosive material, and which rise in the air during discharge; Roman candles, including all devices which discharge balls of fire into the air;
Chasers, including all devices that dart or travel about the surface of the ground during discharge;
Sparklers more than ten inches in length or one-fourth of one inch in diameter;
Fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, auto- foolers, cigarette loads, exploding golf balls, and trick matches; Ordinance No. 0-2026-06
4 (8) Fireworks known as "devil -on -the -walk," or any other firework which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to applicable law;
(9) Torpedoes of all kinds which explode on impact;
(10) Fireworks kits;
(11) Any other fireworks examined and tested by the State Fire Marshal and determined by him or her, with the advice of the State Board of Fire Services, to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks.
"Exempt Fireworks" has the same meaning as in California Health and Safety Code §12508 and means any special item containing pyrotechnic compositions which the State Fire Marshal, with the advice of the State Fire Advisory Board, has investigated and determined to be limited to industrial, commercial or agricultural use, or to religious ceremonies when authorized by a permit granted by the authority having jurisdiction. "Fire Chief" or "Chief" means the Fire Chief of the City of Placentia or his or her authorized representative.
"Fireworks" has the same meaning as in California Health and Safety Code §12511 and means any device containing chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment. The term "Fireworks" includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, Roman candles, model rockets, rockets, Daygo bombs, sparklers, chasers, fountains, smoke sparks, aerial bombs and firework kits.
"Firework Kits" has the same meaning as in California Health and Safety Code §12512 and means any assembly of materials or explosive substances, which is designed and intended by the seller to be assembled by the person receiving such material or explosive substance, and that when assembled would come within the definition of fireworks. "Public Display of Fireworks" means an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of dangerous fireworks.
"Pyrotechnic Operator" means any licensed pyrotechnic operator who, by examination, experience and training, has demonstrated the required skill and ability in the use and discharge of fireworks as authorized by the license granted. "Pyrotechnic Special Effects Material" means a low explosive material, other than detonating cord, commonly used in motion picture, television, theatrical or group entertainment productions for which a permit from the chief is required for use or storage.
Ordinance No. 0-2026-06
5 "Responsible Party" means those person or persons who are responsible for any violation of this Chapter as further set forth in Section §10.74.070. "Safe and Sane Fireworks" has the same meaning as in California Health and Safety Code §12529 and means any fireworks which do not come within the definition of dangerous fireworks or exempt fireworks.
"Social Host" means a person or persons with a right of possession of the residence or other private property at which illegal fireworks are sold, offered to be sold, possessed, stored, used, ignited or discharged including but not limited to: (a) any owner of the residence or other private property - meaning the record owner of the title to property as of the time of the possession, storage, sale, use, ignition or discharge, wherever that person or entity resides at that time; (b) a tenant or lessee of the residence of other private property at the time when the illegal fireworks are possessed, stored, sold, used, ignited, or discharged; (c) the person(s) in charge of the residence or other private property at the time when illegal fireworks are possessed, stored, sold, used, ignited or discharged; (d) the person(s) who organizes supervises, officiates, conducts or controls the gathering or any other persons(s) accepting responsibility for such gatherings where illegal fireworks are possessed.
§10.74.020 Prohibition
(1) General prohibition. Pursuant to Section 18.04.050 of this Code, no person shall possess, keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give or transport any fireworks, dangerous fireworks, or safe and sane fireworks, except in a public display pursuant to a permit obtained under the provisions of the Cal. Health and Safety Code §§ 12640 through 12654 and this Chapter. (2) Manufacturing prohibited. The manufacturing of fireworks, dangerous fireworks, or safe and sane fireworks within the City is prohibited. (3) Pyrotechnic special effects material. A permit is required to manufacture, compound, store or use pyrotechnic special effects material. Applications for such permits shall be submitted to the Fire Chief and the Chief of Police. A permit shall be granted only to a State Fire Marshall licensed pyrotechnic operator. §10.74.030 Displays
(1) Permit required. A permit is required to conduct a public display of fireworks.
Applications for such permits shall be submitted to the Fire Chief and the Chief of Police no fewer than thirty (30) days prior to the scheduled date of the display. The permit application shall include, at a minimum, a diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged and the fallout zone and areas; details and list of any aerial devices utilized, including shell size and effect; the location of buildings, highways and other lines of communication; the lines behind which the audience will be restrained; and the location of nearby trees, telephone lines Ordinance No. 0-2026-06
6 and other overhead obstructions. At the time of permit application, the Fire Chief shall determine the requirements for standby fire apparatus.
(2) Supervision. A public display of fireworks shall be under the direct supervision of a pyrotechnic operator. The pyrotechnic operator shall be responsible for all aspects of a display related to pyrotechnics.
(3) Bond required. The permitee shall furnish a bond and/or certificate of insurance, in the discretion of Risk Management, and in an amount deemed adequate by the Risk Management for the payment of damages which could be caused either to a person or persons or to property by reason of the permitted display and arising from acts of the permitee, agents, employees, or subcontractors. The City shall be named as the beneficiary under any bond and as an additional insured under any required insurance. §10.74.040 Exceptions
Nothing in this Chapter shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, for signal or ceremonial purposes in athletics or sports, or for use by military organizations.
§10.74.050 Seizure and disposal
(1) The Fire Chief, the Chief of Police and their authorized representatives are authorized to enforce the provisions of this Chapter.
(2) The Fire Chief, the Chief of Police and their authorized representatives shall have the authority to seize, take, and remove any fireworks, dangerous fireworks, and safe and sane fireworks. The Fire Chief, the Chief of Police and their authorized representatives may charge any person whose fireworks are seized pursuant to this section, a reasonable amount which is sufficient to cover the cost of transporting, storing, handling, and disposing of the seized fireworks.
(3) The City and its authorized representatives may utilize the procedures set forth in § 10.74.060 and other remedies legally available to it to enforce this Chapter. §10.74.060 Penalties
(1) A Responsible Party and/or any person who violates any provision of this Chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $500 nor more than $1,000, by imprisonment in the county jail for a period not exceeding one year, or by both fine and imprisonment.
(2) Upon any second or subsequent conviction of the offense, the Responsible Party and/or person shall be punished by the penalties of a fine of $1,000 and by imprisonment in the county jail for one year.
Ordinance No. 0-2026-06
7 (3) A Responsible Party and/or person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues, or permits a violation of this Chapter.
(4) Nothing in this Chapter shall be intended to limit any of the penalties provided under the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery, and/or transportation of dangerous fireworks. §10.74.070 Responsible Party
(1) 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, is also in violation of this Chapter addition to any penalty that may be issued to the offending minor.
(2) Any property owner or person in control of property who has knowledge of a person selling, using, discharging, possessing fireworks, or providing fireworks to a minor on the property owned by such person or under such person's control, shall be in violation of this Chapter.
(3) It is unlawful for any Social Host to allow, by invitation or consent, which consent may be implied given surrounding facts and circumstances such as repeated violations, any violation of this Chapter to occur without first obtaining all required permits and licenses. Such violation subjects any and all Social Host(s) to strict liability for penalties imposed for violation(s) of this section.
(4) A Social Host need not be present at the time illegal fireworks are possessed, stored, sold, used, ignited or discharged for the City to impose penalties. Prior knowledge of the possession, storage, sale, use, ignition or discharge is not a pre -requisite to a finding that any specific individual is a Social Host as defined by this section.
SECTION 2. If any section, subsection, sentence, clause, or phrase of this Ordinance is held invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance.
SECTION 3. This matter is exempt from the California Environmental Quality Act ("CEQA") because it is not a project as defined in CEQA Guidelines section 15378(b)(5) and pursuant to the common sense exemption section 15061(b)(3) since it can be seen with certainty that this action will not have a significant impact on the environment.
SECTION 4. This Ordinance shall take effect thirty (30) days following its adoption.
SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published as required by law.
Ordinance No. 0-2026-06
8 INTRODUCED at a regular meeting of the City Council of the City of Placentia held on April 21, 2026.
PASSED, APPROVED AND ADOPTED this 5th day of May 2026.
Chad P. Wanke, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Placentia, held on the 21st day of April 2026, and was finally adopted at a regular meeting held on the 5th day of May 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Ordinance No. 0-2026-06
9 ty cf PIatia
Fireworks Ordinance
April 21, 2026
Ordinance Summary
- Provides a comprehensive solution for fireworks enforcement and replaces the prior Placentia Municipal Code Section
18.04.150(b) which was repealed in December 2022.
- Provides clear definitions of dangerous fireworks, precursors and safe and sane fireworks.
- Prohibits possession, use, discharge, manufacture, sell, offer to sell, give or transport any fireworks, dangerous fireworks, or safe and sane fireworks within the City of Placentia. Public displays are subject to a permit approval process as outlined in the section.
Ordinance Summary
Violations of this ordinance are classified as a
Misdemeanor
- First offense carries a penalty of a fine not less than $500, nor more than $1,000, imprisonment in the county
jail not exceeding one year, or by both such fine and
imprisonment upon conviction.
- Second offense carries a penalty of a $1,000, and by
imprisonment in the county jail for one year upon
conviction.