Item 26 Amendment to Sacramento City Code Section 8.48 Relating to Illegal Fireworks (Two Thirds Vote Required) [In Lieu of Passing for Publication the Ordinance will be Published in its Entirety]

City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-01285 6/17/2025 Item 26.

Amendment to Sacramento City Code Section 8.48 - Relating to Illegal Fireworks (Two-Thirds Vote Required) [In Lieu of Passing for Publication the Ordinance will be Published in its Entirety]
File ID: 2025-01285
Location: Citywide
Recommendation: Adopt an Ordinance amending Chapter 8.48 of the Sacramento City Code relating to illegal fireworks as a declared emergency measure, pursuant to section 32(g)(2) of the City Charter, by two-thirds vote of the City Council.

Contact: Jason Lee, Fire Marshal, (916) 808-1620, [email protected], Fire Department Presenter: None
Attachments:
1-Description/Analysis
2-Proposed Amendments to the City of Sacramento Fireworks Code - Redline 3-Proposed Amendments to the City of Sacramento Fireworks Code - Clean Version 4-Outreach Materials
5-Powerpoint Presentation
Description/Analysis
Issue Detail: In recent years, Sacramento has experienced an increase in the amount of illegal fireworks activity during the 4th of July period. Besides the economic costs-majority of fires during this period were the result of illegal “aerial” fireworks, there has been a negative impact on the public health, safety, and general welfare of the City’s residents.

The City’s illegal fireworks mitigation task force is committed to finding effective solutions to address these issues.

Policy Considerations: Without additional enforcement tools, the City’s efforts to mitigate illegal fireworks activities will be less effective.

Economic Impacts: Costs for increased enforcement on illegal fireworks through city taskforce

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File ID: 2025-01285 6/17/2025 Item 26.
operations and mitigation plan.

Environmental Considerations: The proposed action does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and is not a project under the California Environmental Quality Act (CEQA). (Public Resources Code sections 21065 and 21080 and CEQA Guidelines section 15378(b)(4).) The primary purpose of the proposed ordinance is to improve the noise and air quality environment and is categorically exempt from CEQA review pursuant to CEQA Guidelines Section 15308 (actions by regulatory agencies for the protection of natural resources). Because it can be seen with certainty that the action would have no significant effects on the environment it is also exempt under the commonsense exemption. CEQA Guidelines sections 15061(b)(3); 15060(c)(3).

No CEQA review is required.

Sustainability: Not applicable.

Commission/Committee Action: Not applicable.

Rationale for Recommendation: This ordinance amendment began as a joint councilmember proposal by Councilmembers Lisa Kaplan and Rick Jennings, pursuant to Chapter 12 of the Council Rules of Procedure, which was heard by the Law and Legislation Committee on May 20, 2025. The Law and Legislation Committee directed Staff to bring to Council amendments to the Fireworks Code as an emergency measure. The plan includes amending the current Fireworks Code and other undertakings to reduce the negative impact of illegal fireworks on our community.

Financial Considerations: Revenue from fines, estimated at $100,000, will be used to offset the costs incurred by the Departments. Other financial considerations reviewed by staff may be revisited at a later date.

Local Business Enterprise (LBE): Not applicable.

Background: California-approved “Safe and Sane” fireworks are currently allowed in nearly 300 communities across the state, including all communities in Sacramento County. Safe and Sane fireworks (approved by the State of California) are not explosive, not aerially launched, and are tested and approved by the Office of the State Fire Marshal. Fireworks sales and usage are currently limited to June 28th through July 5th.

The discharge of all fireworks within the City of Sacramento’s jurisdiction is not permitted except for the use of safe and sane fireworks as allowed by City Code 8.48.050. However, State law limitations regarding illegal fireworks require that a law enforcement officer personally observe the person who

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File ID: 2025-01285 6/17/2025 Item 26.
discharges such illegal fireworks to issue a citation for a violation of this section. This update to the Sacramento City Code provides for additional social host liability for illegal fireworks, allowing fire department, law enforcement and code enforcement personnel to hold the owner or person in possession of real property responsible for the discharge of illegal fireworks on private property. This ordinance is not meant to place a burden on property owners. Individuals cited for this offense can appeal. In addition to the appeal process, responsible parties who immediately seek the City’s assistance in removing non-compliant individuals will not be considered in violation of this Fireworks Code.

In recent years, a city illegal fireworks mitigation task force (IFMT) was established to respond to the increasing use of illegal fireworks. The IFMT’s mission is to proactively reduce the number of illegal fireworks in our community by focusing on the sale of illegal fireworks and providing a response to firework related complaints during the 4th of July and several weeks prior. Fires caused by fireworks activity are generally the result of using illegal fireworks that are explosive or aerially launched. These types of fireworks are illegal in California and are often purchased outside the state or obtained via mail order.

To address illegal fireworks, a comprehensive outreach plan has been developed, based on feedback from the May 20, 2025, Law and Legislative meeting. Using a systematic approach, the plan begins with a community outreach campaign, including targeted messaging, public service announcements, press conferences, social media, and community meetings with stakeholders and allied partners. As the issue of illegal fireworks is a statewide problem (with illegal contraband shipped from outside California and brought into our community), the plan includes local, regional, state, and federal agencies in the fireworks taskforce. This encompasses fire departments, law enforcement agencies, and both city and district attorneys’ offices.

The IFMT will target areas of the city where illegal fireworks complaints are prevalent, using technology such as online reporting applications, tracking calls for service requests and complaints.

This data is used to create heat maps of impacted areas in the city, allowing the IFMT to provide a focused response to complaints during the 4th of July period.

The IMFT has reviewed the legal considerations and penalties, including criminal citations and administrative fines for persons selling, using, or storing illegal fireworks in violation of city code and state law. A fine schedule was developed for the IFMT with starting amounts of $1,000 to $5,000 for first, second, and third offenses. Fines of up to $10,000 are proposed for violations in parks, schools, and next to critical infrastructure. Fines may be greater depending on the quantity of fireworks used or stored. Cost recovery measures include fire permit fees, which may be used to offset the cost of enforcement. These fees are charged annually to the fireworks companies during the 4th of July period for inspection and enforcement activities.

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ORDINANCE NO.

Adopted by the Sacramento City Council

[Date Adopted]

AN ORDINANCE AMENDING CHAPTER 8.48 OF THE SACRAMENTO CITY CODE, RELATING TO

FIREWORKS, AND DECLARING THE ORDINANCE TO BE AN EMERGENCY MEASURE TO TAKE

EFFECT IMMEDIATELY UPON ADOPTION

BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:

SECTION 1.

Section 8.48.005 of the Sacramento City Code is hereby amended to read as follows:

8.48.005 Definitions.

The following definitions apply in this chapter:
“City manager” means the city manager or designee.
“Dangerous fireworks” has the same meaning as in California Health and Safety Code section 12505.
“Fire chief” means the chief of the Sacramento Fire Department or designee. “Fireworks” has the same meaning as in California Health and Safety Code section 12511 “Host” means a person who either:

1. Is in charge ofControls private property, including but not limited to, an owner, tenant, landlord, or property manager; or

2. Organizes, supervises, officiates, conducts, or is otherwise in charge of the activity on the property.
“Police Chief” means the chief of the Sacramento Police Department or designee. “Promote” means to aid, abet, organize, advertise, publish notice, or otherwise encourage.
“Response costs” means costs associated with law enforcement, fire, medical, or other emergency personnel responding to, remaining at, and leaving the scene of a gathering, including but not limited to:

1. Salaries and benefits of code enforcement, law enforcement, fire, medical, or any other emergency personnel;

2. Administrative costs;

3. The cost of any medical tr eatment of injuries to any code enforcement, law enforcement, fire, medical, or other emergency personnel;

4. The cost of using any city equipment;

5. The cost of repairing any damage d city equipment or property; and

6. Any other costs related to enforcement of this chapter. “Safe and sane fireworks” has the same meaning as in California Health and Safety Code section 12529.

SECTION 2.

Section 8.48.010 of the Sacramento City Code is hereby amended to read as follows:

8.48.010 General prohibition against manufacture, possession, sale, or use of fireworks.

Except as otherwise provided in this chapter, no person shall manufacture, possess, sell, use, or display, or explode discharge any fireworks rocket, fire-crackerfirecracker, roman candle, squib, torpedo cane, fire balloon, wire core sparkler, wooden core sparkler, black cartridge, or other combustible device or explosive substance or any kind of fireworks, by whatsoever name known, within the city.

SECTION 3.

Section 8.48.020 of the Sacramento City Code is hereby amended to read as follows:

8.48.020 Certain public displays – exception.

Public displays of fireworks may be given conducted with permission of the fire chief or the chief's designated representative where suchif the displays will take place under the supervision and direction of a person who is duly licensed by the state of California licensed operatorto conduct a fireworks display. The applicant shall apply for such permission at least ten (10) days in advance of the date of the display for which the permit is sought. The application shall must be in the form prescribed by the fire chief and shall set forthmust include the name and address of the applicant, the date and nature of the event, and such any other information as the fire chief may reasonably require.

The fire chief shall grant the permit as applied for or with conditions thereto, unless the chief finds that to do so would be contrary to the public health, safety, and welfare. The decision of the fire chief shall be in writing and mailed, postage prepaid, to the applicant.

Every application for permission to conduct a public fireworks display shall must be accompanied by a nonrefundable fee as established by resolution of the city council.

This fee shall be in addition to any fee or tax imposed by Chapter 3.08 of this code.

Every applicant shall agree to hold the city, its officers, and employees harmless from any claims for damages or other costs arising from the activity authorized by the permit.

SECTION 4.

Section 8.48.030 of the Sacramento City Code is hereby amended to read as follows:

8.48.030 Liability insurance.

A. Any person, firm or corporation applyingThe applicant for a public display permit shall furnish to the fire chief proof of coverage by a policy of publicgeneral liability insurance policy that covers the premises at which the fireworks will be displayed, the operations involved in displaying the fireworks, personal injury, contractual liability, independent contractors, and property damage insurance. No permit shall be issued until the applicant furnishes the fire chief with endorsements and evidence of insurance for each policy required, executed by the company issuing the policy, and approved as to form by the city attorney.

B. The policy shall provide limits of bodily injury and property damage liability of not less than one million dollars ($1,000,000.00) combined single limits for each occurrence annually as payment for damages to persons or property which may result from or be caused by such public display of fireworks, or any negligence on the part of the licensee of his or her or its agents, servants, employees or subcontractors presenting such public display. A public display permittee shall maintain, at no cost to the city, a commercial general liability insurance policy or special events liability insurance policy insuring the public against any loss or damage listed in subsection A that may result to any person or property from the public fireworks display or activities of the public display permittee; and coverage shall not include a fireworks exclusion.

Coverage shall be at least as broad as ISO CGL Form 00 01 on an occurrence basis for personal injury, including death of one or more persons, property damage, with limits of not less than $1,000,000 per occurrence.

C. The city, its officials, and employee s shall be covered by policy terms or endorsements as additional insureds in regard to general liability arising out of activities performed by or on behalf of the public display permittee. The insurance coverage of the public display permittee shall be the primary insurance as it pertains to the city, its officials, and employees; and the insurance coverage must contain a provision that no other insurance carried by an insured party shall be called upon for contribution.

D. Both the public display permittee and the insurer must give the city 30 days' prior written notice of cancellation or material change in the policy language or terms.

Notice shall be served on the city clerk.

E. The public display permittee shall furnish the city with a certificate of insurance for each policy required, executed by the company issuing the policy, and approved as to form by the city attorney. The required insurance must be maintained throughout the term of the public display permit. The city may suspend, modify, or revoke a public display permit if current certificates of insurance and required endorsements have not been provided or if the insurance has not been maintained.

F. No permit shall be issued until the permittee furnishes the fire chief with a certificate of insurance for each policy required, executed by the company issuing such policy, and approved as to form by the city attorney. Such policies shall contain a provision which includes the city as an additional insured and declaring said insurance to be primary and that no other insurance carried by an insured party shall be called upon for contribution. Such insurance policies shall contain an endorsement that the company issuing such policy or policies will not allow the same to be canceled without serving, by first class mail, ten (10) days notice of cancellation upon the city clerk.

Notwithstanding any other provision of this chapter, the failure of the public display permittee to carry such the required insurance policy or policies in force and to properly renew said insurancethe policy or policies during the time covered by suchterm of the permit shall automatically revoke the permit as of the date of expiration of such insurancethe policy or policies. A payment of the full amount of the permit fee required by Ssection 8.48.020 of this chapter shall be made to the city before any suchthe revoked permit may be reinstated.

SECTION 5.

Section 8.48.050 of the Sacramento City Code is hereby amended to read as follows:

8.48.050 Safe and sane fireworks-Exception.

A. It is not unlawful to possess safe and sane fireworks during that the time period beginning at noon on June 28th and ending at 12:01 a.m. on July 5th 10 p.m. on July 4th of that same year.

B. It is not unlawful to display or sell safe and sane fireworks as provided in section

8.48.120.

C. It is not unlawful to use, display, or discharge safe and sane fireworks between 9 a.m. and 10 p.m. during either of the following time periods described in subsection A above:.

1. Between the hours of noon and 11 p.m. on June 28th, or

2. Between the hours of 9 a.m. and 11 p.m. from June 29th through July 4th.

SECTION 6.

Section 8.48.090 of the Sacramento City Code is hereby amended to read as follows:

8.48.090 Safe and sane fireworks – permits- prerequisite for issuance.

A. No permit to sell safe and sane fireworks shall be issued to any person except nonprofit organizations or corporations organized primarily for veteran, patriotic, welfare, civic betterment or charitable purposes.

B. Each such organization shall have its principal and permanent meeting place within the city limits and shall have been organized and established in an area that is presently within the city limits for a minimum of one year continuously preceding the filing of the application for the permit and shall have a bona fide membership of at least twenty (20) members.

C. No organization shall submit more th an two applications for permits to sell fireworks within the city and all unincorporated areas of Sacramento County for which the Sacramento Fire Department is the fire authority having jurisdiction. Submittal of more than two applications shall be grounds for denial of all applications.

D. City permits authorizing the sale of safe and sane fireworks shall are not be transferable to another organization.

E. Relocation of temporary stands from the location for which the permit was initially issued to a different location may be approved if the application is made to the fire chief on or before June 1st and the location change has been approved in writing by the fire chief and the city’s chief building inspector.

SECTION 7.

Section 8.48.100 of the Sacramento City Code is hereby amended to read as follows:

8.48.100 Safe and sane fireworks – permits – application.

A. All applications for permits to sell safe and sane fireworks shall be in writing to the fire chief on forms supplied by the city. Applications may be filed beginning January 2nd of each year up to and including February 15th of the same year, at which time the filing period for that year will close. Applications shall set forth must identify the proposed location of the fireworks stand being applied for,; the name, address, and telephone number of one or more responsible adults who will be in charge of and responsible for the fireworks stand during the period fireworks are sold, displayed, or stored; and other information as may be required by the fire chief.

Applications shall be accompanied by must include an assurance that, if the permit is issued to the applicant, the applicant shall, at the time of receipt of such permit, deliver to the city administration a $50,000/100,000 public liability and ($25,000.00) property damage insurance policy and products liability insurance of ($300,000.00) with riders attached to the policies designating the city as an additional insured thereunder. No policy will be acceptable which contains a provision allowing a deductible amount.

B. Applicants for such permits shall be notified by the fire chief on May 1st of each calendar year by the fire chief ofregarding the approval or disapproval of such their permit applications for such permit. All organizations whose permits have been approved shall have up to and includinguntil May 15th of that year to pick up such their permit.

C. Every application for a permit sh all be accompanied by a nonrefundable application fee established by resolution of the city council. The application fee shall be in addition to any fee or tax imposed by Cchapter 3.08 of this code.

D. The fire department shall electronically transmit applications to the city building division and, if any, the fire district in whose jurisdiction the proposed fireworks stand will be located.

SECTION 8.

Section 8.48.110 of the Sacramento City Code is hereby amended to read as follows:

8.48.110 Operation safety seminar.

Each year, one or more adult representatives from each organization that is granted a permit to sell fireworks shall attend a safety seminar conducted by the fire department and the fireworks industry. The seminar must be approved by the fire chief. Failure of an organization to have a responsible adult individual(s) attend the seminar will result in the revocation of the permit to sell fireworks.

SECTION 9.

Section 8.48.120 of the Sacramento City Code is hereby amended to read as follows:

8.48.120 Operation of stand.

A. No person shall sell fireworks to any person under the age of 18.

B. Sale of fireworks may begin at noon on June 28th and shall not continue after 9 p.m. on July 4th of the same year. Sale of fireworks shall be permitted only from 9 a.m. to 10 p.m. daily, except June 28th, when the hours shall be noon to 10 p.m.

C. No person other than the permittee organization shall operate the stand for which the permit is issued or share or otherwise participate in the profits of the operation of such stand.

D. No person other than members of the permittee organization or the spouses, parents, or adult children of such members shall sell or otherwise participate in the sale of fireworks at such stand.

E. No person under the age of 18 shall sell or participate in the sale of fireworks.

F. At the time of purchase, the seller sh all provide each customer city-approved information on the safe use and disposal of fireworks.

F.G. No person shall be paid any consideration by the permittee or any wholesale distributor of safe and sane fireworks at such stand; provided, however, that compensation may be paid for security personnel during non-sale hours and to the party authorizing the location of the stand on its property. The fire chief or their designee may revoke the fireworks storage permit of any wholesale distributor violating the terms of this section, as set forth in section 8.48.150.B.

SECTION 10.

Section 8.48.130 of the Sacramento City Code is hereby amended to read as follows:

8.48.130 Temporary fireworks stand.

All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is prohibited. Temporary stands shall be subject to the following provisions:

A. No fireworks shall be located within 25 feet of any other building or within 100 feet of any gasoline pump or distribution point.

B. Fireworks stands need to comply with the provisions of the building code of the City; provided, however, that all stands shall be erected under the supervision of the inspector, who shall require the stands be constructed in a manner that will reasonably ensure the safety of attendants and patrons; and provided further that any electrical installations shall comply with applicable codes.

C. No stand shall have a floor area in excess of 750 square feet.

D. Each stand shall have at least two exits. Each stand in excess of 40 feet in length shall have at least three exits spaced approximately equidistant equal distances apart; provided, however, that in no case shall the distance between exits exceed 20 feet. Exit doors shall be not less than 24 inches wide and 6 feet in height , and no less than 6 feet tall, and shall swing in the direction of exit travel.

E. Each stand shall be provided with two, two and one-half gallon “water type” (minimum rating 2A) fire extinguishers in good working order and easily accessible for use in case of fire.

F. Not later than July 14th of that year, All all temporary stands shall be disassembled and removed with all litter cleared from the locations; and all temporary stands shall be removed not later than July 20th of that year.

SECTION 11.

Section 8.48.140 of the Sacramento City Code is hereby amended to read as follows:

8.48.140 General requirements of permittees.

A. Stands shall not be located closer than 600 feet apart unless separated by a principal arterial roadway.

B. All weeds and combustible material shall be cleared from the location of the standstand’s location, including a distance of at least 25 feet surrounding the stand.

C. "NO SMOKING" signs shall be prominently displayed on the outside and inside the fireworks stand.

D. Each stand must have an adult custodian watchman in attendance and in charge thereof when the stand is being used for the sale, dispensing, or storage of fireworks.

E. All unsold stock of fireworks in the hands of the retailer after 10 9 p.m. on July 4th shall be returned to the distributor or wholesaler immediately. On closing of stands, all litter shall be removed from the premises.

F. No fuel-powered generator or similar equipment shall be allowed within 50 feet of a fireworks stand.

SECTION 12.

Section 8.48.150 of the Sacramento City Code is hereby amended to read as follows:

8.48.150 Revocation of permit – appeal.

A. The fire chief , or the chief's designee, may revoke, immediately and without notice or hearing, the permit of any permittee who violates any of the following provisions: Ssections 8.48.120.(A), 8.48.120.(B), and 8.48.120.(E), or Section

8.48.140.(D). If the revocation occurs between June 22nd and July 5th, the fire chief shall inform the permittee that the permittee may seek review of the chief's decision by the city manager or the city manager's designee on the next business day. At the earliest opportunity, on the next business day after the revocation, the fire chief shall provide the city manager with written notice that a fire-worksfireworks permit has been revoked, including the name of the permitteepermittee’s name and a brief statement of the grounds for revocation. The city manager, or the city manager's designee, shall meet with the permittee and the fire chief on that day, upon the permittee's request, to review the fire chief's decision. The decision of the city manager shall be is final. If the revocation occurs before or after the specified period, the appeal procedures of subsection B of this section shall apply.

B. The fire chief , or their designee, may revoke the permit of any permittee who violates any provision of this chapter not specified in subsection A of this section above.

Such The revocation shall not take effect for five days, during which time the permittee may seek review of the fire chief's decision by submitting a written request for review to the city manager. The fire chief shall provide the city manager written notice that a fireworks permit has been revoked, including the name of the permitteepermittee’s name and a brief statement of the grounds for revocation. The city manager, or the city manager's designee, shall meet with the permittee and the fire chief to review the fire chief's decision. The decision of the city manager shall be is final.

C. Any permittee whose permit has been re voked, pursuant to subsection A or B of this section, shall be barred from receiving a permit under this chapter for five years from the date of revocation.

SECTION 13.

Section 8.48.154 of the Sacramento City Code is hereby deleted.

8.48.154 Manufacture of fireworks prohibited.

No person, firm or corporation shall manufacture fireworks within the city of Sacramento.

SECTION 14.

Section 8.48.160 of the Sacramento City Code is hereby amended to read as follows:

8.48.160 Seizure of fireworks.

The fire chief, or the chief's designee, may seize, take, remove, or cause to be removed, at the expense of the owner, all fireworks manufactured, offered for sale, exposed for sale, stored, or possessed in violation of this chapter if the violation creates an imminent threat to public health or safety.

SECTION 15.

Section 8.48.170 of the Sacramento City Code is hereby amended to read as follows:

8.48.170 Host's liability.

A. No host shall knowingly allow any person to violate a provision of this chapter on the host’s Except as may be permitted by state law or authorized by this chapter, it is unlawful for any person to permit, allow, or promote any discharge of dangerous fireworks (including a public display) or unauthorized use of safe and sane fireworks if that person either knows or reasonably should know that an individual is discharging fireworks on his or her residential or other private property, city property, or in an adjacent public right of way, except as provided below in subsection B.2.

B. The provisions this section shall not apply to:

1. The possession, manufacture, storage, display, sale, use, or discharge of fireworks as permitted under federal or state law;

2. A host who initiates contact with law enforcement or fire officials to assist in removing any person from the property 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. A person who permits, allows or prom otes the discharge of dangerous fireworks or the unauthorized use of safe and sane fireworks on private property, city property, public right of way, or on a property under their possession shall be rebuttably presumed to have actual or constructive knowledge of such discharge, if either they are a host who did not take action in satisfaction of subsection B.2 above or they were present at the premises at any time when the discharge of fireworks occurred.

D. Upon a violation of section 8.48.170.A, code enforcement or law enforcement may issue a written notice to all identifiable hosts that a violation of the fireworks ordinance has occurred and that further violations will result in citations, assessment of response costs, or both.

C.E. No host shall aid or abet another person's violation of a provision of this chapter in a public right-of-way adjacent to the host's private property. A host aids and abets another person's violation of a provision of this chapter if he or she knows of the other person's unlawful purpose and the host specifically intends to and does, in fact, aid, facilitate, promote, encourage, or instigate the other person's commission of that violation.

SECTION 16.

Section 8.48.180 of the Sacramento City Code is hereby amended to read as follows:

8.48.180 Violation-penalty.

A. In addition to any other remedy allo wed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Chapter 1.28.

B. Notwithstanding the provisions of section 1.28.010.D.3, the amount of an administrative penalty for a violation of this chapter is as follows:

1. $1,000 for the first violation;

2. $2,500 for the se cond violation within one year of the first violation; and

3. $5,000 for each additional viol ation within one year of the first violation.

1. $10,000 for a violatio ns of section 8.48.154.

2. For all violations of this chapter other than section 8.48.154, the amount of the administrative penalty is:

a. $1,000 for the first violation;
b. $2,500 for the second violation within one year of the first violation;
c. $5,000 for each additional violation within one year of the first violation; and
d. $10,000 for each violation at a park, parkway, school, or critical infrastructure.

For purposes of establishing the amount of the appeal fee in accordance with section

1.28.010.D.4.b, an administrative penalty imposed for a violation of this chapter is a Level B violation, regardless of the amount of the penalty.

C. Any host who violates section 8.48.170 is liable for the response costs relating to the violation. All hosts who violate section 8.48.170 in the same incident are jointly and severally liable for the response costs relating to the violation. The amount of response costs constitutes a debt owed to the city.

1. Notice of the response costs shall be served by first-class mail on the hosts liable for such costs. The notice shall contain the following information:
a. The name of the host who is liable for the response costs; b. The address of the public or private property where the incident occurred;
c. The date and time of the response;
d. The law enforcement, fire, park ranger, or other emergency response personnel who responded; and
e. An itemized list of the response costs.

2. Payment for response costs shall be remitted to the city of Sacramento within 30 calendar days of the date of the notice. The payment of any such costs shall be stayed upon the filing of a timely appeal.

3. A host charged with response costs may, within 10 calendar days of the date of the notice of response costs, appeal the response costs in accordance with section 8.04.170. The appeal hearing shall be scheduled and conducted in the manner prescribed in chapter 8.04. Failure to timely file an appeal constitutes a failure to exhaust available administrative remedies, and bars any further review or administrative appeal of the response costs. The failure of any person to timely pay either the response costs or the assessed administrative penalties constitutes a debt to the city and may result in the matter being referred to the city’s department of finance, which may file a small claim in court or, in the alternative, utilize any means within its power to collect the amount owed. The city may pursue other legal remedies to collect the administrative penalties.

4. Any person who fails to pay the city any response costs or administrative penalty imposed, pursuant to this chapter, on or before the date such costs or penalty are due, shall also be liable in any action brought by the city for all costs incurred in securing payment of the delinquent amount, including administrative costs and attorney’s fees. Such collection costs are in addition to any required fees, penalties, interest, and later charges.

5. Notwithstanding all the procedures set forth in this section, the police chief shall have the ability and discretion to enforce violations of this chapter, to impose necessary conditions, to forgive portions of a debt or penalty owed to the city under this chapter, and to coordinate collection and enforcement with the department of finance.

D. Violations of this chapter are hereby declared to be a public nuisance.

E. Any person who violates a provision of th is chapter is liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues.

F. Any person who violates a provision of this chapter is guilty of a misdemeanor.

FG. All remedies prescribed under this chap ter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.

SECTION 17. Emergency Declaration.

The city council declares this ordinance to be an emergency measure, to take effect immediate upon its adoption pursuant to Sacramento City Charter section 32(g)(2). The facts constituting the emergency as follows:

The risk of wildfire within the City of Sacramento is profound, and the council must act immediately to ameliorate the risk of wildfire from the use of fireworks. The 14 Southern California wildfires of January 2025 (e.g., the Palisades Fire, the Eaton Fire, the Hughes Fire), which occurred in a winter month, took the lives of 30 people with dozens of others left missing and countless others displaced with more than 16,000 structures, including homes, destroyed in addition to billions of dollars in property damage.

Independence Day (July 4th) and its associated increased use of fireworks in summer months are quickly approaching. By enacting this ordinance as an emergency measure, the council will place greater time, place, and manner restrictions upon the storage, display, sale, possession, and use of fireworks, including their discharge, in order to continue Independence Day celebrations while further mitigating the risks of personal injury and property loss from fire to those who live, work, or play in the city of Sacramento.

ORDINANCE NO.

Adopted by the Sacramento City Council

[Date Adopted]

AN ORDINANCE AMENDING CHAPTER 8.48 OF THE SACRAMENTO CITY CODE, RELATING TO

FIREWORKS, AND DECLARING THE ORDINANCE TO BE AN EMERGENCY MEASURE TO TAKE

EFFECT IMMEDIATELY UPON ADOPTION

BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:

SECTION 1.

Section 8.48.005 of the Sacramento City Code is hereby amended to read as follows:

8.48.005 Definitions.

1. Controls private property, including but not limited to, an owner, tenant, landlord, or property manager; or

1. Salaries and benefits of code enforcement, law enforcement, fire, medical, or any other emergency personnel;

2. Administrative costs;

3. The cost of any medical treatment of injuries to any code enforcement, law enforcement, fire, medical, or other emergency personnel;

4. The cost of using any city equipment;

5. The cost of repairing any damaged city equipment or property; and

6. Any other costs related to enforcement of this chapter. “Safe and sane fireworks” has the same meaning as in California Health and Safety Code section 12529.

SECTION 2.

Section 8.48.010 of the Sacramento City Code is hereby amended to read as follows:

8.48.010 General prohibition against manufacture, possession, sale, or use of fireworks.

Except as otherwise provided in this chapter, no person shall manufacture, possess, sell, use, display, or discharge any fireworks within the city.

SECTION 3.

Section 8.48.020 of the Sacramento City Code is hereby amended to read as follows:

8.48.020 Certain public displays – exception.

Public displays of fireworks may be conducted with permission of the fire chief if the displays will take place under the supervision and direction of a person who is duly licensed by the state of California to conduct a fireworks display. The applicant shall apply for such permission at least 10 days in advance of the date of the display for which the permit is sought. The application must be in the form prescribed by the fire chief and must include the name and address of the applicant, the date and nature of the event, and any other information as the fire chief may reasonably require.

The fire chief shall grant the permit as applied for or with conditions, unless the chief finds that to do so would be contrary to the public health, safety, and welfare. The decision of the fire chief shall be in writing and mailed, postage prepaid, to the applicant.

Every application for permission to conduct a public fireworks display must be accompanied by a nonrefundable fee as established by resolution of the city council.

This fee shall be in addition to any fee or tax imposed by Chapter 3.08 of this code.

Every applicant shall agree to hold the city, its officers, and employees harmless from any claims for damages or other costs arising from the activity authorized by the permit.

SECTION 4.

Section 8.48.030 of the Sacramento City Code is hereby amended to read as follows:

8.48.030 Liability insurance.

A. The applicant for a public display permit shall furnish to the fire chief proof of coverage by a general liability insurance policy that covers the premises at which the fireworks will be displayed, the operations involved in displaying the fireworks, personal injury, contractual liability, independent contractors, and property damage. No permit shall be issued until the applicant furnishes the fire chief with endorsements and evidence of insurance for each policy required, executed by the company issuing the policy, and approved as to form by the city attorney.

B. A public display permittee shall maintain, at no cost to the city, a commercial general liability insurance policy or special events liability insurance policy insuring the public against any loss or damage listed in subsection A that may result to any person or property from the public fireworks display or activities of the public display permittee; and coverage shall not include a fireworks exclusion. Coverage shall be at least as broad as ISO CGL Form 00 01 on an occurrence basis for personal injury, including death of one or more persons, property damage, with limits of not less than $1,000,000 per occurrence.

C. The city, its officials, and employees shall be covered by policy terms or endorsements as additional insureds in regard to general liability arising out of activities performed by or on behalf of the public display permittee. The insurance coverage of the public display permittee shall be the primary insurance as it pertains to the city, its officials, and employees; and the insurance coverage must contain a provision that no other insurance carried by an insured party shall be called upon for contribution.

D. Both the public display permittee and the insurer must give the city 30 days' prior written notice of cancellation or material change in the policy language or terms.

Notice shall be served on the city clerk.

F. Notwithstanding any other provision of this chapter, the failure of the public display permittee to carry the required insurance policy or policies in force and to properly renew the policy or policies during the term of the permit shall automatically revoke the permit as of the date of expiration of the policy or policies. A payment of the full amount of the permit fee required by section 8.48.020 shall be made to the city before the revoked permit may be reinstated.

SECTION 5.

Section 8.48.050 of the Sacramento City Code is hereby amended to read as follows:

8.48.050 Safe and sane fireworks-Exception.

A. It is not unlawful to possess safe and sane fireworks during the time period beginning at noon on June 28th and ending at 10 p.m. on July 4th of that same year.

B. It is not unlawful to sell safe and sane fireworks as provided in section 8.48.120.

C. It is not unlawful to use, display, or discharge safe and sane fireworks between 9 a.m. and 10 p.m. during the time period described in subsection A above.

SECTION 6.

Section 8.48.090 of the Sacramento City Code is hereby amended to read as follows:

8.48.090 Safe and sane fireworks – permits- prerequisite for issuance.

C. No organization shall submit more than two applications for permits to sell fireworks within the city and all unincorporated areas of Sacramento County for which the Sacramento Fire Department is the fire authority having jurisdiction. Submittal of more than two applications shall be grounds for denial of all applications.

D. City permits authorizing the sale of safe and sane fireworks are not transferable.

SECTION 7.

Section 8.48.100 of the Sacramento City Code is hereby amended to read as follows:

8.48.100 Safe and sane fireworks – permits – application.

A. All applications for permits to sell safe and sane fireworks shall be in writing to the fire chief on forms supplied by the city. Applications may be filed beginning January 2nd of each year up to and including February 15th of the same year. Applications must identify the proposed location of the fireworks stand; the name, address, and telephone number of one or more responsible adults who will be in charge of and responsible for the fireworks stand during the period fireworks are sold, displayed, or stored; and other information as may be required by the fire chief.

Applications must include an assurance that, if the permit is issued to the applicant, the applicant shall, at the time of receipt of such permit, deliver to the city administration a $50,000/100,000 public liability and $25,000 property damage insurance policy and products liability insurance of $300,000 with riders attached to the policies designating the city as an additional insured. No policy will be acceptable which contains a provision allowing a deductible amount.

B. Applicants for such permits shall be notified by the fire chief on May 1st of each calendar year regarding the approval or disapproval of their permit applications. All organizations whose permits have been approved shall have until May 15th of that year to pick up their permit.

C. Every application for a permit shall be accompanied by a nonrefundable application fee established by resolution of the city council. The application fee shall be in addition to any fee or tax imposed by chapter 3.08.

D. The fire department shall electronically transmit applications to the city building division and, if any, the fire district in whose jurisdiction the proposed fireworks stand will be located.

SECTION 8.

Section 8.48.110 of the Sacramento City Code is hereby amended to read as follows:

8.48.110 Operation safety seminar.

SECTION 9.

Section 8.48.120 of the Sacramento City Code is hereby amended to read as follows:

8.48.120 Operation of stand.

A. No person shall sell fireworks to any person under the age of 18.

C. No person other than the permittee organization shall operate the stand for which the permit is issued or share or otherwise participate in the profits of the operation of such stand.

D. No person other than members of the permittee organization or the spouses, parents, or adult children of such members shall sell or otherwise participate in the sale of fireworks at such stand.

E. No person under the age of 18 shall sell or participate in the sale of fireworks.

F. At the time of purchase, the seller shall provide each customer city-approved information on the safe use and disposal of fireworks.

G. No person shall be paid any consideration by the permittee or any wholesale distributor of safe and sane fireworks at such stand; provided, however, that compensation may be paid for security personnel during non-sale hours and to the party authorizing the location of the stand on its property. The fire chief or their designee may revoke the fireworks storage permit of any wholesale distributor violating the terms of this section, as set forth in section 8.48.150.B.

SECTION 10.

Section 8.48.130 of the Sacramento City Code is hereby amended to read as follows:

8.48.130 Temporary fireworks stand.

A. No fireworks shall be located within 25 feet of any other building or within 100 feet of any gasoline pump or distribution point.

C. No stand shall have a floor area in excess of 750 square feet.

D. Each stand shall have at least two exits. Each stand in excess of 40 feet in length shall have at least three exits spaced approximately equal distances apart; provided, however, that in no case shall the distance between exits exceed 20 feet. Exit doors shall be not less than 24 inches wide, and no less than 6 feet tall, and shall swing in the direction of exit travel.

E. Each stand shall be provided with two, two and one-half gallon “water type” (minimum rating 2A) fire extinguishers in good working order and easily accessible for use in case of fire.

F. Not later than July 14th of that year, all temporary stands shall be disassembled with all litter cleared from the locations; and all temporary stands shall be removed not later than July 20th of that year.

SECTION 11.

Section 8.48.140 of the Sacramento City Code is hereby amended to read as follows:

8.48.140 General requirements of permittees.

A. Stands shall not be closer than 600 feet apart unless separated by a principal arterial roadway.

B. All weeds and combustible material shall be cleared from the stand’s location, including a distance of at least 25 feet surrounding the stand.

C. "NO SMOKING" signs shall be prominently displayed on the outside and inside the fireworks stand.

D. Each stand must have an adult custodian in attendance and in charge thereof when the stand is being used for the sale, dispensing, or storage of fireworks.

E. All unsold stock of fireworks in the hands of the retailer after 9 p.m. on July 4th shall be returned to the distributor or wholesaler immediately. On closing of stands, all litter shall be removed from the premises.

F. No fuel-powered generator or similar equipment shall be allowed within 50 feet of a fireworks stand.

SECTION 12.

Section 8.48.150 of the Sacramento City Code is hereby amended to read as follows:

8.48.150 Revocation of permit – appeal.

A. The fire chief may revoke, immediately and without notice or hearing, the permit of any permittee who violates sections 8.48.120.A, 8.48.120.B, 8.48.120.E, or

8.48.140.D. If the revocation occurs between June 22nd and July 5th, the fire chief shall inform the permittee that the permittee may seek review of the decision by the city manager on the next business day. At the earliest opportunity, on the next business day after the revocation, the fire chief shall provide the city manager with written notice that a fireworks permit has been revoked, including the permittee’s name and a brief statement of the grounds for revocation. The city manager shall meet with the permittee and the fire chief on that day, upon the permittee's request, to review the fire chief's decision. The decision of the city manager is final. If the revocation occurs before or after the specified period, the appeal procedures of subsection B of this section shall apply.

B. The fire chief may revoke the permit of any permittee who violates any provision of this chapter not specified in subsection A above. The revocation shall not take effect for five days, during which time the permittee may seek review of the fire chief's decision by submitting a written request for review to the city manager. The fire chief shall provide the city manager written notice that a fireworks permit has been revoked, including the permittee’s name and a brief statement of the grounds for revocation. The city manager shall meet with the permittee and the fire chief to review the fire chief's decision. The decision of the city manager is final.

C. Any permittee whose permit has been revoked, pursuant to subsection A or B of this section, shall be barred from receiving a permit under this chapter for five years from the date of revocation.

SECTION 13.

Section 8.48.154 of the Sacramento City Code is hereby deleted.

SECTION 14.

Section 8.48.160 of the Sacramento City Code is hereby amended to read as follows:

8.48.160 Seizure of fireworks.

The fire chief may seize, take, remove, or cause to be removed, at the expense of the owner, all fireworks manufactured, offered for sale, exposed for sale, stored, or possessed in violation of this chapter if the violation creates an imminent threat to public health or safety.

SECTION 15.

Section 8.48.170 of the Sacramento City Code is hereby amended to read as follows:

8.48.170 Host's liability.

A. Except as may be permitted by state law or authorized by this chapter, it is unlawful for any person to permit, allow, or promote any discharge of dangerous fireworks (including a public display) or unauthorized use of safe and sane fireworks if that person either knows or reasonably should know that an individual is discharging fireworks on his or her residential or other private property, city property, or in an adjacent public right of way, except as provided below in subsection B.2.

B. The provisions this section shall not apply to:

1. The possession, manufacture, storage, display, sale, use, or discharge of fireworks as permitted under federal or state law;

C. A person who permits, allows or promotes the discharge of dangerous fireworks or the unauthorized use of safe and sane fireworks on private property, city property, public right of way, or on a property under their possession shall be rebuttably presumed to have actual or constructive knowledge of such discharge, if either they are a host who did not take action in satisfaction of subsection B.2 above or they were present at the premises at any time when the discharge of fireworks occurred.

E. No host shall aid or abet another person's violation of a provision of this chapter in a public right-of-way adjacent to the host's private property. A host aids and abets another person's violation of a provision of this chapter if he or she knows of the other person's unlawful purpose and the host specifically intends to and does, in fact, facilitate, promote, or instigate the other person's commission of that violation.

SECTION 16.

Section 8.48.180 of the Sacramento City Code is hereby amended to read as follows:

8.48.180 Violation-penalty.

A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Chapter 1.28.

B. Notwithstanding the provisions of section 1.28.010.D.3, the amount of an administrative penalty for a violation of this chapter is as follows:

1. $10,000 for a violation of section 8.48.154.

2. For all violations of this chapter other than section 8.48.154, the amount of the administrative penalty is:
a. $1,000 for the first violation;
b. $2,500 for the second violation within one year of the first violation;
c. $5,000 for each additional violation within one year of the first violation; and
d. $10,000 for each violation at a park, parkway, school, or critical infrastructure.

For purposes of establishing the amount of the appeal fee in accordance with section

1.28.010.D.4.b, an administrative penalty imposed for a violation of this chapter is a Level B violation, regardless of the amount of the penalty.

2. Payment for response costs shall be remitted to the city of Sacramento within 30 calendar days of the date of the notice.

3. The failure of any person to timely pay either the response costs or the assessed administrative penalties constitutes a debt to the city and may result in the matter being referred to the city’s department of finance, which may file a small claim in court or, in the alternative, utilize any means within its power to collect the amount owed. The city may pursue other legal remedies to collect the administrative penalties.

D. Violations of this chapter are hereby declared to be a public nuisance.

E. Any person who violates a provision of this chapter is liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues.

F. Any person who violates a provision of this chapter is guilty of a misdemeanor.

G. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.

SECTION 17. Emergency Declaration.

Be Responsible!
Dispose of used ﬁreworks
properly.

Give them a
bath
Cool to the
touch
Proper waste
receptical
Away from
structures
Celebrate Responsibly…
and…
Let Your Fireworks Take a Bath!!
Let Your Fireworks Take a Bath!!

A PUBLIC SAFETY MESSAGE FROM TNT FIREWORKS

Let Your Fireworks Take a Bath!!
Hi there! I’m Piccolo Pete, state-approved
firework and six-time national whistle
wielding champion.

Be safe and responsible on this 4th of July.

Dispose of your used State Fire Marshal-
Approved, Safe and Sane Fireworks
properly by following these simple rules:

Celebrate Responsibly…and…
Let Your Fireworks Take a Bath!!
• Keep a bucket of water and a hose close by when using your fireworks.
• Remember, used fireworks can remain hot for hours, so give them a water bath.
• Completely submerge used fireworks in a non-
combustible container (such as a metal bucket) for 24
hours before discarding them
• Keep the non-combustible container a safe distance away from structures, fences, overhangs, and canopies while
your used fireworks soak.
• Never leave your used fireworks in the street. Take
responsibility and follow these simple safe disposal rules. • By being mindful, we can ensure everyone’s safety and keep our communities clean.

A PUBLIC SAFETY MESSAGE FROM TNT FIREWORKS
1 . The proper and responsible use
and disposal of state-approved
fireworks.

2. How to identify illegal fireworks.

3. The dangers of illegal fireworks;
and

4. The use or possession of illegal
fireworks is illegal and may result
in a criminal citation or arrest,
including a felony.

This 4th of July Scan, Read and Celebrate Safely
and Responsibly with State-Approved Fireworks!
Scan to see what the California
State Fire Marshal says about…

Fireworks Ordinance Update

Background
2  May 2021- Last update to the fireworks code,
adopted the social host ordinance.
 July 2024- 55 citations were issued during the
week leading up to and including the 4th of July.
 May 2025 – Firework ordnance update passed
Law and Legislative committee.

Proposed
Changes
4  Updating penalties for the possession,
manufacture, sale and use of dangerous
fireworks to $10,000, as well of the use of any
fireworks within City parks, parkways, schools,
and /or critical infrastructure to $10,000.
 Modifying the permitted hours for the use, display,
ands/or discharge of safe and sane fireworks.
 Updates the section on host liability for
responsibly parties fined for violations.
 Updates the section regarding failure to pay
responses costs or administrative penalties
Outreach
Efforts
5 • Social media
• Press conferences
• Information sheets
• Stakeholder meetings
• Questions?

Sacramento City CouncilJune 17, 2025

Sacramento City Council
June 17, 2025