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ORDINANCE NO. MC-1665
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
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.
WHEREAS, the City of San Bernardino, California (“City”) is a chartered city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, as a charter city, the City has plenary authority over all “municipal affairs,” and the broad “police powers” vested by California's Constitution, pursuant to which it may make and enforce laws necessary to protect and preserve the health, safety, and welfare of residents, subject only to enactments by the California Legislature on matters of “statewide concern;” and WHEREAS, consistent with that authority and the City's police powers set forth under the California Constitution Article XI, Section 7 and California Health & Safety Code Section 12541, the City has authority to regulate the sale of fireworks within the City; and WHEREAS, under California law, fireworks are di vided into two (2) categories:
“dangerous” and “safe and sane” fireworks (Cal. Health & Saf. Code §§ 12500 et seq.); and WHEREAS, only “safe and sane” fireworks are sold in California for private use because they are considered less dangerous to individuals and pose less of a risk of causing fire and damage to property since such fireworks do not fly, explode, shoot projectiles, travel, or leave the ground, and such fireworks usually exclude very large fireworks or other dangerous devices like rockets and aerial shells; and
WHEREAS, Title 8 (Health and Safety), Chapter 8.60 (Fireworks) of the San Bernardino Municipal Code (“SBMC”), regulates the location, time, dates, and circumstances for the sale and discharge of “safe and sane fireworks” (as defined in Section 12529 of the California Health and Safety Code); and
WHEREAS, Title 8 (Health and Safety), Chapter 8.61 (Prohibited Fireworks) of the SBMC prohibits the personal possession, sale, use, and discharge of “dangerous” fireworks, which are defined as all fireworks other than those fireworks defined as “safe and sane” under California Health and Safety Code Section 12529; and
WHEREAS, despite the City's regulations on “safe and sane” fireworks and prohibition on the use of “dangerous” fireworks, the City has observed increased incidents and received an increased number of citizen complaints relating to unlawful fireworks in recent years, straining the resources of law enforcement officers while simultaneously diverting the resources of emergency personnel from other priorities; and
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WHEREAS, the City’s existing fireworks laws lack adequate enforcement mechanisms to hold social hosts accountable, resulting in continued illegal fireworks activity that poses an immediate threat to life and property; and
WHEREAS, the Mayor and City Council now wish to increase the enforcement mechanisms available to the City through the addition of “social host” regulations, which would make the property owner or person in charge of a property liable for violating the City’s fireworks laws.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2 . Chapter 8.60 ( Fireworks) of Title 8 ( Health And Safety ) of the San Bernardino Municipal Code is hereby amended to add a new Section 8.60.135 (Social Host Liability) to read in its entirety as follows:
Ҥ 8.60.135 SOCIAL HOST, MINOR, AND SPECTATOR LIABILITY. (A) DEFINITIONS. The following definitions apply to the use of these terms for the purposes of this Section relating to social host, minor, and spectator liability.
MINOR means a person under the age of 18 years.
SOCIAL HOST means any owner of private property as listed on the most recent assessment roll; and/or any person who has a right to use, possess, or occupy public or private property under a lease, permit, license, rental agreement, or contract; and/or any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on public or private property. A government entity, including, but not limited to, the City, a school district, and/or a political subdivision of the State of California, is not a social host. As used in this definition, a person may mean either a human being or a legal entity.
STRICT LIABILITY means liability for a wrongful act regardless of such person’s intent, knowledge, negligence, or lack thereof in committing the wrongful act.
SPECTATOR means any person present during a fireworks discharge for the purpose of viewing, observing, watching, or witnessing the event. A person is “present” during fireworks discharge if that person is within two hundred (200) feet of the location of the firewo rks discharge. Peace officers or their agents, or City employees designated to enforce the provisions of this Chapter, who are acting in the course of their official duties, are not considered “spectators.”
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(B) LIABILITY
(1) Except as may be permitted by this Chapter or State law, it is unlawful for any social host to allow, by invitation or consent, which consent may be implied given surrounding facts and circumstances such as repeated violations, for violations of this Chapter to occur or otherwise take place anywhere on his or her property, or on any immediately adjacent public or private street or sidewalk. Such violation subjects any and all Social Host(s) to strict liability for penalties imposed for violation(s) of this Section.
(2) A social host need not be present at the time fireworks are unlawfully possessed, stored, sold, used, ignited or discharged in violation of this Chapter for the City to impose penalties.
Prior knowledge of the unlawful possession, storage, sale, use, ignition, or discharge of fireworks in violation of this Chapter is not a pre -requisite to a finding that any specific individual is a social host as defined by this Section. (3) It is the absolute duty of all social hosts to take all reasonable steps necessary to prevent a violation of this Chapter.
(4) Any person having the care, custody, or control of a minor who violates this Chapter shall be strictly liable for that minor’s violation(s) of this Chapter. The person having the care, custody, or control of a minor who violates this Chapter need not be present when that minor violates this Chapter to be held strictly liable for the violation(s). (5) It shall be unlawful for any person to be knowingly present as a Spectator during an unlawful fireworks discharge that is in violation of this Chapter. (C) EXEMPTIONS. This Section shall not apply to:
(1) Activities conducted by pyrotechnic operators licensed by the State Fire Marshal when operating pursuant to that license and with proper City permits, nor to the Spectators present during such activities.
(2) Conduct involving possession, ignition, explosion, discharge, use, or display of fireworks as permitted under Federal or State law.
(3) A social host who initiates contact with law enforcement or fire officials to assist in removing any person, or illegal fireworks, from the social host’s property or terminating the activity to comply with this Chapter.
(4) A person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract for violations of this Chapter occurring in the common areas of the property, unless such person is determined to be a responsible person.”
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SECTION 3. Section 8.60.150 (Violation – Penalty) of Chapter 8.60 (Fireworks) of Title 8 (Health And Safety) of the Municipal Code is hereby amended to read in its entirety as follows:
Ҥ 8.60.150 VIOLATION - PENALTY.
(A) Any person, social host, organization, group, association and the like violating any provision of this C hapter is guilty of an infraction or a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (B) In addition to any other penalties provided by law, any person, social host, organization, group, association and the like vi olating any provisions of this C hapter shall be subject to an administrative civil penalty of:
(1) One thousand dollars ($1,000) for the first offense; (2) Two thousand five hundred dollars ($2,500) for the second offense within 36 months; and
(3) Five thousand dollars ($5,000) for each subsequent offense within 36 months (C) In addition to any fines or penalties which may otherwise be levied by the City pursuant to this Chapter, the City shall be entitled to recover from any person, social host, organization, group, association and the like found in violation of any provision of this Chapter, the City’s full response costs. As used in this S ection, RESPONSE COSTS means those reasonable and necessary costs directly incurred by the City for a response to a violation of this Chapter, and include but are not limited to the cost of providing law enforcement, firefighting, and/or other emergency services at the scene of the violation, including, without limitation, the following:
(1) Salaries and benefits of the officer for the time spent responding to, remaining at, or otherwise dealing with the violation, and the administrative costs attributable to the responses; and
(2) The cost of any medical treatment to, or for, any officer injured responding to, remaining at, or leaving the scene of the violation; and
(3) The cost of repairing any equipment used by the officer or damage to City property, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of the violation; and
(4) The costs of disposal of any fireworks seized in accordance with this Chapter. (D) The penalties set forth herein are cumulative and are not intended to be exclusive of other penalties and remedies and are intended to be in addition to any other remedies provided in this Code or any other law, statute, ordinance, or regulation, including , without limitation, the California Health and Safety Code and the California Penal Code with regard to the unlawful sale, use, possession, delivery, storage, and/or transportation of illegal fireworks.
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(E) Any person violating the provisions of this Chapter 8.60 shall be deemed guilty of a separate offense for each violation that is committed, continued, or permitted by that person, and shall be punished accordingly. Each and every unlawful firework discharg e shall constitute a separate offense.”
SECTION 4. Chapter 8.61 ( Prohibited Fireworks ) of Title 8 (Health and Safety) of the Municipal Code is hereby amended to add a new Section 8.61.025 (Social Host Liability) to read in its entirety as follows:
Ҥ 8.61.025 SOCIAL HOST, MINOR, AND SPECTATOR LIABILITY. (A) DEFINITIONS. The following definitions apply to the use of these terms for the purposes of this Section relating to social host, minor, and spectator liability.
MINOR means a person under the age of 18 years.
SOCIAL HOST means any owner of private property as listed on the most recent assessment roll; and/or any person who has a right to use, possess, or occupy public or private property under a lease, permit, license, rental agreement, or contract; and/or any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on public or private property. A government entity, including, but not limited to, the City, a school district, and/or a political subdivision of the State of California, is not a social host. As used in this definition, a person may mean either a human being or a legal entity.
STRICT LIABILITY means liability for a wrongful act regardless of such person’s intent, knowledge, negligence, or lack thereof in committing the wrongful act.
SPECTATOR means any person present during a fireworks discharge for the purpose of viewing, observing, watching, or witnessing the event. A person is “present” during fireworks discharge if that person is within two hundred (200) feet of the location of the firewo rks discharge. Peace officers or their agents, or City employees designated to enforce the provisions of this Chapter, who are acting in the course of their official duties, are not considered “spectators.”
(B) LIABILITY
(1) Except as may be permitted by this Chapter or State law, it is unlawful for any social host to allow, by invitation or consent, which consent may be implied given surrounding facts and circumstances such as repeated violations, for violations of this Chapter to occur or otherwise take place anywhere on his or her property, or on any immediately adjacent public or private street or sidewalk. Such violation subjects any and all Social Host(s) to strict liability for penalties imposed for violation(s) of this Section.
(2) A social host need not be present at the time dangerous fireworks are possessed, stored, sold, used, ignited or discharged for the City to impose penalties. Prior knowledge of the possession, storage, sale, use, ignition, or discharge of dangerous firework s is not a pre - requisite to a finding that any specific individual is a social host as defined by this Section.
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(3) It is the absolute duty of all social hosts to take all reasonable steps necessary to prevent a violation of this Chapter.
(4) Any person having the care, custody, or control of a minor who violates this Chapter shall be strictly liable for that minor’s violation(s) of this Chapter. The person having the care, custody, or control of a minor who violates this Chapter need not be present when that minor violates this Chapter to be held strictly liable for the violation(s). (5) It shall be unlawful for any person to be knowingly present as a Spectator during an unauthorized illegal fireworks discharge in violation of this Chapter. (C) EXEMPTIONS. This Section shall not apply to:
(1) Activities conducted by pyrotechnic operators licensed by the State Fire Marshal when operating pursuant to that license and with proper City permits, nor to the Spectators present during such activities.
(2) Conduct involving possession, ignition, explosion, discharge, use, or display of fireworks as permitted under Federal or State law.
(3) A social host who initiates contact with law enforcement or fire officials to assist in removing any person, or illegal fireworks, from the social host’s property or terminating the activity to comply with this Chapter.
(4) A person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract for violations of this Chapter occurring in the common areas of the property, unless such person is determined to be a responsible person.”
SECTION 5. Section 8.61.030 (Violation – Penalty) of Chapter 8.61 (Prohibited Fireworks) of Title 8 (Health And Safety) of the Municipal Code is hereby amended to read in its entirety as follows:
Ҥ 8.61.030 VIOLATION - PENALTY.
(A) Any person, social host, organization, group, association and the like violating any provision of this C hapter is guilty of a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010.
(B) In addition to any other penalties provided by law, any person, social host, organization, group or association and the like vi olating any provisions of this C hapter shall be subject to an administrative civil penalty of:
(1) Two thousand five hundred dollars ($2,500) for the first offense; (2) Five thousand dollars ($5,000) for the second offense within 36 months; and (3) Ten thousand dollars ($10,000) for each subsequent offense within 36 months.
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(C) In addition to any fines or penalties which may otherwise be levied by the City pursuant to this Chapter, the City shall be entitled to recover from any person, social host, organization, group, association and the like found in violation of any provision of this Chapter, the City’s full response costs. As used in this S ection, RESPONSE COSTS means those reasonable and necessary costs directly incurred by the City for a response to a violation of this Chapter, and include the cost of providing law enforcem ent, firefighting, and/or other emergency services at the scene of the violation, including, without limitation, the following:
(1) Salaries and benefits of the officer for the time spent responding to, remaining at, or otherwise dealing with the violation, and the administrative costs attributable to the responses; and
(2) The cost of any medical treatment to, or for, any officer injured responding to, remaining at, or leaving the scene of the violation; and
(3) The cost of repairing any equipment used by the officer or damage to City property, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of the violation; and
(4) The costs of disposal of any fireworks seized in accordance with this Chapter. (D) The penalties set forth herein are cumulative and are not intended to be exclusive of other penalties and remedies and are intended to be in addition to any other remedies provided in this Code or any other law, statute, ordinance, or regulation, including, wi thout limitation, the California Health and Safety Code and the California Penal Code with regard to the unlawful sale, use, possession, delivery, storage, and/or transportation of illegal fireworks.
(E) Any person violating the provisions of this Chapter 8.61 shall be deemed guilty of a separate offense for each violation that is committed, continued, or permitted by that person, and shall be punished accordingly. Each and every unlawful firework discharge shall constitute a separate offense.”
SECTION 6. Section 8.61.040 (State Law Limitations) of Chapter 8.61 (Prohibited Fireworks) of Title 8 (Health And Safety) of the Municipal Code is hereby amended to read in its entirety as follows:
Ҥ 8.61.040 STATE LAW LIMITATIONS.
(A) Any administrative fine or administrative civil penalty assessed pursuant to this Chapter shall provide for cost reimbursement to the office of the State Fire Marshal and the collection of disposal costs pursuant to California Health and Safety Code Section 12557. (B) This Chapter shall be limited to apply only to a person, social host, organization, group, association and the like who possesses or results in the seizure of 25 pounds or less of dangerous fireworks.
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(C) Any administrative fine or administrative civil pena lty collected pursuant to this C hapter shall not be subject to California Health and Safety Code Section 12706, “Disposition of Fines and Forfeitures.”
SECTION 7. Certification. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California.
SECTION 8. CEQA. The Mayor and City Council finds this Ordinance is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 9. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of thi s Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 10. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2026.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez , CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1665, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 6th day of May 2026. Ordinance No. MC-1665 was approve passed and adopted at a regular meeting held the 20th day of May 2026 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2026.
Telicia Lopez, CMC, City Clerk