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DISCUSSION
City of San Bernardino
Request for Council Action
Date: May 6, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: City Manager's Office
Subject: Introduction of Ordinance MC-1665 Amending Chapter
8.60 (Fireworks) and Chapter 8.61 (Prohibited Fireworks) of the San Bernardino Municipal Code to add Social Host Regulations and Cost Recovery Provisions to the City’s
Fireworks Laws (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino California,
1. Introduce, read by title only, and waive further reading of Ordinance No. MC- 1665, amending Chapter 8.60 (Fireworks) and Chapter 8.61 (Prohibited Fireworks) of the San Bernardino Municipal Code to add social host regulations and cost recovery provisions to the City’s fireworks laws.
2. Schedule the Adoption of Ordinance MC-1665 for the next regular meeting of May 20, 2026.
City Manager's Comments
The City Manager recommends approval consistent with City Council direction.
Executive Summary
The City currently regulates the sale, storage, and discharge of “safe and sane” fireworks pursuant to Chapter 8.60 of the San Bernardino Municipal Code (SBMC) and prohibits “dangerous” fireworks in their entirety under Chapter 8.61. To enhance enforcement of these provisions, the proposed ordinance adds social host regulations that would make a property owner, or a person in control of property, strictly liable for the illegal possession, storage, and/or discharge of fireworks that occur on or near their property. The ordinance also includes provisions establishing strict liability for adults for the unlawful use of fireworks by minors, making it unlawful for spectators to be knowingly present when illegal fireworks are being used, and providing the City with additional cost-recovery tools when responding to fireworks-related violations. 3 3
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Background
The City currently regulates the sale, storage, and discharge of “safe and sane” fireworks under Chapter 8.60 of the SBMC and prohibits the use of all “dangerous” fireworks under Chapter 8.61. Any person, organization, group, or association that violates any provision of these chapters is guilty of a misdemeanor and, upon conviction, is punishable in accordance with Section 1.12.010 of the SBMC (Attachment 4). Such violations are also subject to an administrative civil penalty ranging from $1,000 to $10,000, depending on the nature of the violation. It is important to note that these penalties are in addition to those provided by state law, which may include additional criminal penalties and fines.
On September 17, 2025, the Mayor and City Council directed City staff to bring back a discussion on fireworks within 60 days. The discussion was to include options for a one-year moratorium on the sale and use of fireworks, imposing additional restrictions on permitting, and/or the potential for increasing fines and enforcement.
Following the Council’s direction from the September meeting, a discussion item on fireworks was presented to the Mayor and City Council on December 3, 2025. As part of that discussion, staff introduced the concept of a social host ordinance as an additional tool to help deter illegal fireworks activity in the City. This regulation would hold property owners responsible for the discharge of illegal fireworks on their property and could operate in conjunction with a drone-based enforcement program. Following the presentation, the Mayor and City Council directed staff to bring back a social host ordinance for fireworks.
Discussion
The City’s current fireworks regulations do not hold property owners responsible for the illegal sale or discharge of fireworks on their property if they are not the ones who illegally sold or discharged the fireworks. This can present a challenge in curbing the use of illegal fireworks in the City because current rules require law enforcement to adequately identify and cite the individual user or possessor of the fireworks, even when the property from which the fireworks originated has been identified. To address this challenge, the proposed ordinance implements social host regulations to the City’s existing fireworks laws. These regulations would allow law enforcement to cite the person who is responsible for the property where illegal fireworks are used.
Additionally, social host regulations support more effective use of drone technology for fireworks enforcement, as drones are better suited for identifying locations than individuals.
The proposed ordinance also includes additional provisions to strengthen the City’s fireworks laws and enhance enforcement capabilities. These provisions: (1) establish strict liability for adults when minors under their care unlawfully use fireworks; (2) makes it unlawful for spectators to be knowingly present when illegal fireworks are being used; and (3) authorizes additional cost-recovery mechanisms for the City when responding to fireworks-related violations.
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To implement these regulations, the proposed ordinance adds a new section titled “Social Host, Minor, and Spectator Liability” to Chapters 8.60 and 8.61 of the SBMC.
This ensures the provisions apply to both: (1) violations of the City’s “safe and sane” fireworks regulations; and (2) any possession or use of “dangerous” fireworks, which are strictly prohibited within the City. Additionally, the ordinance amends the “Violation – Penalty” sections of both chapters to: (1) ensure that social hosts are subject to the penalties that currently exist in the SBMC, (2) incorporate provisions for cost recovery, (3) clarify that penalties are cumulative and not exclusive, and (4) establish that each unlawful discharge of fireworks constitutes a separate offense.
Proposed Regulatory Framework
The way social host laws work is by imposing the legal principle of strict liability on an individual or party. Under this legal standard, a person is held responsible for a prohibited act regardless of their intent, knowledge, or negligence. In this context, a property owner or person in control of the property (i.e., the “social host”), would be held legally responsible when fireworks are illegally sold, possessed, or discharged on their property, even if they are not the one who illegally sold, possessed, or used the fireworks.
Definition of Social Host
The ordinance’s definition of “social host” is designed to apply to any person under the following categories:
1. Any owner of private property as listed on the most recent assessment roll; and/or
2. Any person who has the right to use, possess or occupy a public or private property under a lease, permit, license, rental agreement, or contract; and/or
3. Any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on public or private property.
These categories are included to broadly define responsibility for such activity on both public and private property and are consistent with the classifications that are used in other jurisdictions. This approach avoids narrowly limiting the term “social host” to only property owners since other individuals, such as tenants or event organizers, may exercise control over a property through a lease, permit, or other agreement/contract.
The ordinance also further clarifies that the term “person” is defined in a way that includes legal entities. This ensures that corporations, limited liability companies (LLCs), and trusts that own or control property will be held liable for fireworks violations occurring on their property.
Social Host Liability and Exemptions
The ordinance establishes that it is the absolute duty of any social host to take all reasonable steps to prevent the discharge of illegal fireworks on or near their property.
If a social host fails to do so, they will be deemed to be in violation of the ordinance. 3 3
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Specifically, a social host will be found strictly liable for allowing the illegal use of fireworks to occur on:
1. The social host’s property.
2. A public sidewalk that is adjacent to the social host’s property.
3. A street that is adjacent to the social host’s property.
These provisions are consistent with social host ordinances found in Atascadero, Brea, Elk Grove, Grover Beach, and Ridgecrest. Additionally, the City of Fontana recently introduced a social host ordinance for fireworks at their April 14, 2026, City Council Meeting that included the same provisions.
The ordinance also includes exemptions for individuals authorized to possess and/or use fireworks that would otherwise be prohibited. In addition, it recognizes good-faith efforts by social hosts who take reasonable steps to prevent violations. The exemptions outlined in the ordinance are summarized as follows:
1. Activities conducted by pyrotechnic operators who are licensed by the State Fire Marshal.
2. Conduct that is permitted under Federal or State law.
3. Social hosts who proactively contact law enforcement or fire officials to report violations taking place on their property.
4. Tenants in multifamily residential properties where violations occur in the common areas of the property, unless they are determined to be the responsible person for the violation.
Minors
To address the illegal use of fireworks by minors, the proposed ordinance establishes strict liability for any adult who has the care, custody, or control of a minor who violates the City’s fireworks laws. Additionally, the adult does not need to be present when that minor violates the City’s fireworks laws in order to be held strictly liable for those violations. Atascadero, San Luis Obispo County, Redwood City, Riverside, and Woodland, among others, included similar language when adopting a social host ordinance for fireworks.
Spectators
The proposed ordinance makes it unlawful for any person to be knowingly present as a spectator when illegal fireworks are being used. Specifically, any person within 200 feet of the discharge of illegal fireworks who is there to view, observe, or watch the event will be in violation of the City’s fireworks laws. This does not apply to members of the public that report the incident to law enforcement or those who immediately leave the area when the violations begin to occur.
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This provision is modeled on laws that prohibit street racing and reckless driving exhibitions. Such laws typically include spectator liability provisions designed to deter participation in, and the popularity of, illegal activities by imposing penalties on spectators whose presence encourages or facilitates such conduct. Similar provisions are already included in the fireworks ordinances of Atascadero, San Jose, and San Luis Obispo County, and a similar provision is also included in Fontana’s proposed social host ordinance.
Criminal and Civil Penalties
The SBMC already provides both criminal and civil penalties for those who illegally sell, possess, store, or discharge fireworks in the City. Depending on the nature of the violation, any person, organization, group, or association that violates these laws is guilty of either an infraction or a misdemeanor and are also subject to an administrative civil penalty ranging from one thousand dollars ($1,000) to ten thousand dollars ($10,000). The proposed ordinance amends the SBMC by adding “social host” to the list of individuals and/or entities who are subject to these existing penalties.
The proposed ordinance also further clarifies that the penalties outlined in the SBMC are cumulative and not intended to be exclusive of any other penalty. This means that the City is not limited to issuing only one form of penalty when enforcing its fireworks laws; penalties under the SBMC can be added to other penalties from other sources.
Additionally, the ordinance establishes that each unlawful firework discharge is considered a separate offense. As a result, an individual who illegally discharges five fireworks would be cited with five separate violations. These provisions are consistent with those adopted by most jurisdictions.
Cost Recovery
Included in the proposed ordinance is a provision that entitles the City to recover the full “response costs” incurred when responding to a fireworks violation. These recoverable costs are in addition to the criminal and civil penalties that may be imposed. “Response costs” are defined in the ordinance as the reasonable and necessary costs that the City directly incurred when responding to a violation of the City’s fireworks laws, and include, but are not limited to, the following:
1. The cost of staff time for dealing with a fireworks violation, which is inclusive of salary and benefits, as well as all administrative costs attributable to the response.
2. The cost of any medical treatment for any officer who is injured while responding to a violation.
3. The cost of repairing any City equipment used by an officer when responding to a violation, or any City property that was damaged by the violation.
4. The costs of disposing of any fireworks that are seized when responding to a violation.
To provide an example of staff time costs that may be charged to individuals who are 3 3
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found violating the City’s fireworks laws, the table below shows the fully burdened hourly rate of a police officer who is at the top of the salary schedule for Regular Time, Time and a Half, and Double Time pay for Fiscal Year 2026/2027:
Position
Name
Regular Time
(Fully Burdened Hourly)
Time and a Half Pay
(Fully Burdened Hourly)
Double Time
(Fully Burdened Hourly)
Police Officer $99.54/hour $149.31/hour $199.08/hour The specific costs that may be charged will vary depending on which law enforcement personnel respond to a fireworks violation (as different classifications have different pay scales), the amount of staff time required to address the violation, and whether the violation results in additional impacts, such as injury to an officer or damage to equipment.
2021-2025 Strategic Targets and Goals
Adopting an ordinance adding social host regulation and cost recovery mechanisms to the City’s fireworks laws aligns with Key Target No. 3: Improved Quality of Life by adding enforcement mechanisms that help reduce the use of illegal fireworks in the City.
Fiscal Impact
The Ordinance would require some administrative costs related to the processing of any additional citations generated by the social host regulations as well as providing education about the ordinance. These costs are not known at this time but are likely to be minimal relative to the City’s existing fireworks enforcement costs. The citations, fines, and cost recovery provisions of the ordinance will help offset some of the City’s fireworks enforcement costs, but the exact amount that will be offset is unknown at this time.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino California,
1. Introduce, read by title only, and waive further reading of Ordinance No.
MC-1665, amending Chapter 8.60 (Fireworks) and Chapter 8.61 (Prohibited Fireworks) of the San Bernardino Municipal Code to add social host regulations and cost recovery provisions to the City’s fireworks laws.
2. Schedule the Adoption of Ordinance MC-1665 for the next regular meeting of May 20, 2026.
Attachments
Attachment 1 – Ordinance No. MC-1665 Social Host Regulations for Fireworks Attachment 2 – Chapter 8.60 Fireworks Redlines
Attachment 3 – Chapter 8.61 Prohibited Fireworks Redlines 3 3
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Attachment 4 – Chapter 1.12 General Penalty
Ward:
All Wards
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.
December 3, 2025 Mayor and City Council directed staff to bring back a social host ordinance for fireworks.
CC: Eric Levitt, City Manager