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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 20, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: City Manager's Office
Subject: Adoption 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, adopt 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.
City Manager's Comments
The City Manager recommends adoption of Ordinance No. MC-1665.
Executive Summary
Adoption of Ordinance MC-1665 will add social host regulations to the City’s fireworks laws, allowing law enforcement to hold property owners, renters, and other persons or legal entities in control of property responsible when illegal fireworks are possessed, stored, or discharged on or near the property. The ordinance also includes additional provisions that, (1) establishes adult responsibility for the unlawful use of fireworks by minors, (2) makes it unlawful for spectators to be knowingly present when illegal fireworks are being used, and (3) provides the City with additional cost-recovery tools when responding to fireworks-related violations.
To notify residents and rental property owners of the new regulations, the City will include an informational insert in the next water bill issued by the San Bernardino Municipal Water Department and will directly mail a separate notice to all rental property owners who hold a current business license with the City. In addition to these mailers, the City will utilize social media, update the City’s website, and issue a formal 3 3
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press release to further distribute the information.
Background
The City currently regulates the sale, storage, and discharge of “safe and sane” fireworks under Chapter 8.60 of the San Bernardino Municipal Code (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 is also subject to an administrative civil penalty ranging from $1,000 to $10,000, depending on the nature of the violation. Despite these regulations and penalties, the use of illegal fireworks continues to be a problem in the City.
On September 17, 2025, the Mayor and City Council directed 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 “safe and sane” fireworks, imposing additional restrictions on permitting, and/or exploring potential increases in 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.
On May 6, 2026, the Mayor and City Council approved the first reading of Ordinance MC-1665, amending Chapters 8.60 and 8.61 of the SBMC to incorporate social host regulations and cost-recovery provisions into the City’s fireworks laws. As part of their approval, the Mayor and City Council directed staff to return with an update regarding the City’s outreach plan to notify residents, landlords, and rental property owners of the new social host regulations.
Discussion
Ordinance MC-1665 strengthens the City’s fireworks enforcement regulations by establishing social host liability within the City’s existing fireworks laws. The ordinance authorizes law enforcement to hold property owners, renters, and other persons or legal entities in control of property responsible when illegal fireworks are possessed, stored, or discharged on or near the property. The ordinance applies the principle of strict liability, meaning a person or legal entity may be held liable for unlawful fireworks activity occurring on or near their property regardless of whether they directly participated in the violation.
In addition to establishing social host liability, Ordinance MC-1665 includes several provisions intended to further strengthen the City’s enforcement efforts. These provisions include establishing strict liability for adults when minors under their care 3 3
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unlawfully use fireworks, making it unlawful for individuals to be knowingly present during illegal fireworks activity and authorizing the City to recover the full response costs associated with a fireworks violation.
Outreach Plan
To notify residents and rental-property owners of the new social host liability regulations, the City will issue a formal press release following the adoption of the ordinance and will utilize a combination of social media posts, website updates, and mailers to further distribute the information. For the mailers, the City will include an informational insert in the water bills that are mailed to residents by the San Bernardino Municipal Water Department (Attachment 4). The insert will be printed on one-third sheet paper and double-sided, with English on one side and Spanish on the reverse.
The City will also mail separate notices to all existing rental property owners within the City who hold a business license. The combined estimated cost of both mailers is $13,000, and sufficient funding is available within the City Manager’s Office’s budget for Fiscal Year (FY) 2025–26 to absorb these costs.
Ordinance MC-1665 Regulatory Framework
To implement social host regulations to the City’s existing fireworks laws, Ordinance MC-1665 adds a new “Social Host, Minor, and Spectator Liability” section 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. The ordinance also updates existing penalty provisions to incorporate social host liability, cost recovery, cumulative penalties, and separate violations for each unlawful discharge of fireworks.
The sections below summarize the key components of the ordinance and were previously outlined in the May 6, 2026, staff report.
Definition of Social Host
The ordinance’s definition of “social host” is designed to apply to any person or legal entity 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.
Social Host Liability
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.
Specifically, a social host will be found strictly liable for allowing the illegal use of fireworks to occur on:
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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.
Social Host Exemptions and Exclusions
The ordinance 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.
Additionally, various entities are excluded from being defined as a social host. These exclusions include:
1. Government Entities
2. School Districts
3. Political Subdivisions of California
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.
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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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.
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 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 3 3
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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
Adoption of Ordinance MC-1665 aligns with Key Target No. 3: Improved Quality of Life by adding social host regulations to the City’s fireworks laws, which provides law enforcement with additional enforcement mechanisms to help reduce the use of illegal fireworks in the City.
Fiscal Impact
The Ordinance will require some administrative costs related to the processing of any additional citations generated by the social host regulations. 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.
The estimated cost associated with directly notifying residents and rental property owners by mail is $13,000. Sufficient funding is available in the City Manager’s Office's budget for Fiscal Year (FY) 2025-26 to absorb these costs.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt 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.
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 Attachment 4 – Water Bill Insert
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.
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December 3, 2025 Mayor and City Council directed staff to bring back a social host ordinance for fireworks.
May 6, 2026 Mayor and City Council approved the first reading 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. The Mayor and City Council also
directed staff to return with an update regarding the
City’s outreach plan to notify residents, landlords, and rental property owners of the new social host
regulations.
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Eric Levitt, City Manager