3 0
4 8
DISCUSSION
City of San Bernardino
Request for Council Action
Date: December 3, 2025
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: City Manager's Office
Subject: Discussion for a Potential One-Year Moratorium on the Sale and Use of Fireworks Within the City of San
Bernardino and/or Additional Strategies to Enhance the
City’s Enforcement to Reduce the Use of Illegal Fireworks (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, discuss several options which include a social host ordinance and drone enforcement program, a potential one-year moratorium on the sale and use of fireworks, and/or maintaining the current safe and sane fireworks ordinance with regulatory fee, and to provide direction to staff regarding the next steps, if any.
City Manager's Comments
This is a difficult balance for the City Council to consider. Fireworks on the 4 th of July is a popular activity and raises funds for not-for-profits, but at the same time residents are interested in a safe environment and in particular safe environment from a fire prevention mode. Several options have been looked at and brought forward for further discussion. They include implementing a one-year moratorium or maintaining the current ordinance with regulatory fee, and/or introducing a social host ordinance with a drone enforcement program. If any of these options are of interest to the City Council, we will bring back an ordinance or resolution for possible City Council action.
Executive Summary
On September 17, 2025, the City Council directed City staff to bring back a discussion on fireworks within 60 days. The primary focus of the discussion involves a potential one-year moratorium on the sale and use of fireworks within the City, its potential impact on enforcement costs, and additional considerations that include a social host ordinance that would hold property owners responsible for the discharge of illegal fireworks on their property, an expansion of the City’s drone program for fireworks 3 0
4 8
enforcement, or other options for increased enforcement.
Background
The State of California (“State”) regulates the sale and use of fireworks through the State Health and Safety Code. Under these regulations, the State provides criteria that define and prohibit the sale and use of “dangerous fireworks” throughout the entire State (Attachment 1). Those fireworks that do not meet the definition of “dangerous fireworks” in the Health and Safety Code are considered “safe and sane fireworks,” and their sale and use are permitted unless otherwise prohibited by the local jurisdiction. It is important to note that the terms “dangerous fireworks” and “safe and sane fireworks” do not reflect the City’s opinion regarding their impact; rather, these are how the categories of fireworks are defined in the State’s Health and Safety Code.
The City of San Bernardino (“City”) is one of several municipalities in the County of San Bernardino that allows for the sale and use of “safe and sane fireworks” except for in designated areas where all fireworks are prohibited, regardless of their classification.
Specifically, all fireworks are prohibited north of California State Route 210; in and around Perris Hill and Perris Hill Park; and in the surrounding areas of San Andreas High School and Cole Elementary School between Base Line and State Route 210 (see Attachment 2). It is also important to note that the County of San Bernardino prohibits all fireworks, including those designated as “safe and sane fireworks,” in any unincorporated area of the County. As a result, there are additional “county pockets” both north and south of State Route 210 where all fireworks are prohibited that do not otherwise show on the City’s Prohibited Fireworks Area Map.
San Bernardino Municipal Code and the Fireworks Regulatory Fee While the City allows for “safe and sane fireworks” in specified areas, their sale and use are regulated by additional provisions found in Chapter 8.60 of the Municipal Code (Attachment 3). These regulations restrict who is allowed to purchase fireworks in the City (individuals 18 years of age or older), who is eligible to receive one of the 35 available licenses to sell fireworks (nonprofit organizations with a sales tax permit from the State Board of Equalization), and when fireworks may be sold and used (from 12:00 p.m. on July 1 through midnight on July 4), among other provisions.
One important component of the City’s existing fireworks regulations is the regulatory fee that is currently assessed on both licensed fireworks sellers (which are nonprofit organizations) and their suppliers. This fee generates additional revenue for the City to help offset its fireworks-related enforcement costs. The regulatory fee is set by the Council each year and is applied to the gross sales of all fireworks sold within the City.
The process for assessing and collecting this fee is outlined in Section 8.60.095 of the Municipal Code and involves the following steps:
1. The Council adopts a resolution setting the regulatory fee no later than 7:00 p.m. on July 1 of each year, where the fee cannot exceed 10% of the total gross sales of fireworks sold in the City and is based on a study of the enforcement costs. 3 0
4 8
2. Each fireworks licensee and supplier is required to submit their financial statements to the City by August 31 showing their total gross sales of fireworks that occurred within the City.
3. The City reviews the financial statements and then invoices each licensee and supplier for their share of the regulatory fee. Payment is due within 30 days of the invoice, and a 10% penalty is applied for late payments. If a licensee or supplier fails to pay the regulatory fee, then they will be disqualified from obtaining a license and/or supplying fireworks in the future, and the amount owed is subject to collection by any legal means available.
As an example, if Council were to set a 10% regulatory fee on the sale of fireworks for the current year, and there was $1,000,000 in “safe and sane fireworks” sales that occurred within the City, the City would receive $100,000 in regulatory fee revenue that would be used to help offset its fireworks-related enforcement costs. If the City expended $250,000 on staff time and resources for enforcing its fireworks rules, then only $150,000 would have been burdened by the City’s General Fund because the remaining $100,000 was offset by the regulatory fee. While the regulatory fee may not fully cover the costs of fireworks-related enforcement in the City, it provides a meaningful contribution towards the total costs, which would otherwise be fully borne by the City’s General Fund. The City would also expect to receive sales tax revenue since the fireworks license holders must obtain a sales tax permit. In the above example, the City would expect to receive an additional $20,000 in sales tax revenue, with $10,000 coming from Measure S (representing 1% of total gross sales) and $10,000 from the local share of the statewide rate (also 1% of total gross sales).
Discussion
Currently, the City experiences increased fireworks-related service calls and incidents during July due to the Fourth of July celebrations. Even though the sale and use of “dangerous fireworks” is illegal throughout the entire State, they are still unlawfully set off every year in the City. As a result, there is a question regarding the extent to which the allowance of “safe and sane fireworks” influences the use of illegal fireworks in the City and whether a ban on all fireworks would have a meaningful impact. Additionally, there is public debate about the danger posed by “safe and sane fireworks” and if their sale and use should be prohibited with zero exceptions.
On September 17, 2025, the City Council approved agenda item no. 18, which directed City staff to bring back a discussion on fireworks within 60 days so that the City Council can address these matters. The primary focus of the discussion involves a potential one-year moratorium on the sale and use of all fireworks within the entire City, along with additional considerations or strategies to enhance the City’s enforcement and reduce the illegal use of fireworks. This includes additional rules, such as a social host ordinance, enhanced enforcement through an expansion of the drone program, and potentially revising the current administrative civil penalties for fireworks-related violations.
3 0
4 8
Fireworks-Related Data and Statistics
Over the last three years, the gross sales of “safe and sane fireworks” in the City has declined, resulting in lower regulatory fee revenue and reduced anticipated sales tax revenue from fireworks. It is important to note that financial data for the current fiscal year (FY 2025-26) is still being collected, and actuals are not available at this time; however, during the adoption of the 2025 fireworks regulatory fee on June 4, 2025, the City estimated that $94,708 in regulatory fee revenue would be collected. Based on this amount, $18,941 in sales tax revenue would be anticipated, bringing the combined estimated revenue to $113,649.60 for the current fiscal year.
While reported sales of “safe and sane fireworks” have declined over the past three years (with data for the current fiscal year unavailable), enforcement costs have increased and the City is currently estimating $269,844 in enforcement costs for the 2025–26 fiscal year. According to Police Department data, there has been a steady rise in fireworks-related service calls over the past three years, and the amount of illegal fireworks that have been seized has increased substantially. The number of arrests and citations, however, has fluctuated, with the 2025 data closely mirroring 2023 figures for these statistics.
Gross Fireworks Sales FY 2022-23 FY 2023-24 FY 2024-25
Non-Profit Organizations $513,650.70 $507,741.40 $425,083.90 Providers $525,650.20 $458,645.50 $416,300.70
Combined Total $1,039,300.90 $966,386.90 $841,384.60
Revenues Generated FY 2022-23 FY 2023-24 FY 2024-25
Regulatory Fee $103,930.09 $96,638.69 $84,138.46
Anticipated Sales Tax* $20,786.02 $19,327.74 $16,827.69 Combined Total $124,716.11 $115,966.43 $100,966.15
* Sales tax revenue is an estimated/anticipated amount derived from the sales tax rate, the City’s share of the sales tax, and the gross sales of fireworks in the City that was reported for the regulatory fee.
Enforcement Costs FY 2022-23 FY 2023-24 FY 2024-25
Regular & Overtime $179,682 $201,825 $211,916
The Police Department uses personnel from special assignments and special details who modify their schedules to work from 2:00 p.m. to midnight for 2 - 3 weeks to handle fireworks-related calls and conduct fireworks-related enforcement. The total number of personnel per shift ranges from 12 to 50 people during the modified deployment for fireworks enforcement. 3 0
4 8
Police Statistics 2023 2024 2025
Calls Cleared 210 248 296
Felony Arrests 11 12 11
Misdemeanor Arrests 75 4 75
Health & Safety Citations 11 28 11
Administrative Civil Penalties 6 3 7
Fireworks Seized 12,028 lbs. 17,695 lbs. 29,574 lbs.
One-Year Moratorium
A one-year moratorium on fireworks would involve staff bringing back an ordinance at a future meeting that would prohibit the sale and use of all fireworks, including those defined as “safe and sane fireworks,” throughout the entire City for a period of one year. Currently, Section 8.60.030(A) of the municipal code sets the application period for a license to sell fireworks from March 1 through March 31; if the City Council directs staff to bring back an ordinance for a one-year moratorium, it would be recommended to bring back the first reading of the ordinance in a timeframe where it can be adopted prior to March 1 to help avoid any confusion.
Potential Purposes of a One-Year Moratorium and its Fiscal Impacts A temporary one-year moratorium on the sale and use of all fireworks would allow staff to perform additional statistical analysis on the impact that “safe and sane fireworks” have had on various metrics. This analysis would help determine whether the one-year moratorium should become permanent. For example, to what extent does a complete ban on all fireworks affect the use of “dangerous fireworks” in the City compared to current regulations? Does allowing “safe and sane fireworks” create a culture that encourages more people to obtain and set off “dangerous fireworks” in the City, or do current regulations help satisfy individuals’ desire to use fireworks, thereby reducing the likelihood that they will seek out and use “dangerous fireworks”? A one-year moratorium could potentially help answer these questions and provide additional supporting evidence for either extending or ending the moratorium.
A known impact of a moratorium on all fireworks is that it would result in reduced revenue for the City. This includes the loss of regulatory fee revenue and sales tax revenue that is generated by the sale of “safe and sane fireworks.” Additionally, a moratorium would result in a loss of fundraising revenue for local non-profit organizations. While the gross sales of “safe and sane fireworks” for 2026 are unknown, the City is likely to experience a loss of approximately $100,000 or more in regulatory and sales tax revenue, and non-profit organizations could see a loss of approximately $400,000 or more in gross sales.
3 0
4 8
A moratorium on the sale and use of all fireworks may also result in increased enforcement costs, even before accounting for the loss of regulatory fee and sales tax revenues. Prohibiting “safe and sane fireworks” in the City will not completely eliminate their use, and because these fireworks would become illegal, their use would likely generate additional service calls to the Police Department (which would be in addition to those already generated by “dangerous fireworks”). As a result, an increase in City resources may be necessary to effectively enforce a City-wide moratorium on all fireworks. The exact extent to which enforcement costs would be impacted, however, is unknown.
Fines
Violating the City’s rules on fireworks results in an administrative civil penalty ranging from $1,000 to $10,000, depending on the nature of the violation, which is in addition to any other penalties provided by law. The City distinguishes violations between the unlawful use of “safe and sane fireworks” (Section 8.60.150) and “dangerous fireworks” (Section 8.61.030), with the latter being entirely prohibited. Additionally, the City provides a $250 reward to individuals who provide information that leads to the identification and successful criminal or civil prosecution of anyone violating the City’s fireworks laws, as established in Section 8.60.155 of the municipal code. The current penalties for violating the City’s fireworks rules are as follows:
City of San Bernardino
Administrative Civil Penalty 1st Offense 2nd Offense
(Within 36 Months)
3rd Offense*
(Within 36 Months)
Safe and Sane Fireworks Violations $1,000 $2,500 $5,000 Dangerous Fireworks Violations $2,500 $5,000 $10,000
* The fine for the 3 rd offense includes each subsequent offense within 36 months.
The City’s fines are generally in-line with or greater than those found in other cities, depending on the violation, and likely do not require revision.
City Administrative Civil Penalty
Fontana $250 - $750 (Safe and Sane)
$2,500 - $10,000 (Dangerous)
Ontario $1,000 per violation
Rancho Cucamonga $1,000 per violation
Redlands $1,000 per violation
Riverside $1,500 per violation
3 0
4 8
Social Host Ordinance & Drone Program
An additional consideration, either in place of or in tandem with a moratorium, is a social host ordinance for fireworks. A social host ordinance holds property owners, renters, or other hosts responsible for allowing the illegal use of fireworks on the property that is under their control. This reduces the need for officers to physically insert themselves into a crowd to identify the user or possessor of illegal fireworks; instead, officers can focus on those responsible for the property. The City currently has a social host ordinance for the unlawful consumption of alcohol and controlled substances that takes place on someone’s property (Chapter 8.83: Social Host Accountability), but not for fireworks.
Another consideration is the use of drones to monitor and record illegal fireworks activity, which would ideally work in conjunction with a social host ordinance. Drones would assist the City in accurately determining the physical address from which illegal fireworks are being discharged, and the social host ordinance would allow the City to hold the property owner responsible. The City recently received $562,500 from the County of San Bernardino through Supervisor Joe Baca, Jr. to support the launch of a Drone First Responder Program. Expanding this program so that it can be utilized during the Fourth of July could assist the City in holding violators responsible. Other cities have recently adopted similar ordinances and drone programs for fireworks enforcement, including the City of Stanton and the City of Riverside. 2021-2025 Strategic Targets and Goals
Conducting a discussion on a potential one-year moratorium regarding the sale and use of fireworks and/or additional strategies to reduce the use of illegal fireworks in the City aligns with Key Target No. 3: Improved Quality of Life.
Fiscal Impact
There is no fiscal impact associated with this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, discuss several options which include a social host ordinance and drone enforcement program, a potential one-year moratorium on the sale and use of fireworks, and/or maintaining the current safe and sane fireworks ordinance with regulatory fee, and to provide direction to staff regarding the next steps, if any.
Attachments
Attachment 1 – California Health and Safety Code Section 12505 Attachment 2 – Prohibited Fireworks Area Map
Attachment 3 – Municipal Code Chapter 8.60 on Fireworks Attachment 4 – Municipal Code Chapter 8.61 on Prohibited Fireworks Ward:
All Wards
3 0
4 8
Synopsis of Previous Council Actions:
September 17, 2025 Mayor and City Council approved a future item for staff to bring back within 60 days regarding a discussion for a One- Year Moratorium on the Sale and Use of Fireworks Within the City of San Bernardino and/or Restriction on Permitting and/or Increasing Fines and Enforcement.
CC: Eric Levitt, City Manager