CITY OF
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AGENDA REPORT
DATE: May 12, 2025
TO: Honorable Mayor and City Council
FROM: Trevor Benson, Public Safety Manager
ItemNo. 19
SUBJECT: Ordinance No. 457 - Amending Fireworks Fines to Address Extreme Fire Risk RECOMMENDATION:
That the City Council approve the introduction and first reading of Ordinance No. 457, an Ordinance of the City Council of the City of Yucaipa, California, adding Chapter 8.40 to Title 8 of the Yucaipa Municipal Code regarding fireworks.
BACKGROUND/DISCUSSION :
The City of Yucaipa is uniquely situated in the foothills of the San Bernardino Mountains, surrounded by wildland urban interface(WUI) zones that are highly susceptible to wildfires. With ongoing drought conditions, low humidity, and increasing average temperatures, the risk of fast-moving and destructive wildfires has escalated significantly.
The use of illegal fireworks presents an immediate and substantial threat to life, property, and the environment. Despite ongoing public outreach, enforcement efforts, and public safety campaigns, illegal fireworks activity continues to occur annually, especially around the Fourth of July and New Year's Eve.
Fire Risk and Geographic Considerations
Yucaipa's geographic location places much of the city adjacent to or within high fire hazard severity zones, as defined by Cal Fire. The presence of dry brush, steep terrain, and prevailing winds create ideal conditions for rapid fire spread. A single firework in these conditions can ignite a fire that endangers homes, disrupts emergency services, and jeopardizes lives.
In recent years, several Southern California communities with similar risk profiles have experienced major wildfires sparked by fireworks or other negligent behavior. Preventing such incidents is a top public safety priority for Yucaipa.
Current Enforcement Challenges
The current administrative fine of $100 for a fireworks violation is insufficient to deter illegal activity.
In practice, the relatively low penalty does not reflect the true public safety hazard posed by fireworks use. It also fails to incentivize responsible behavior during high -risk periods.By comparison, cities facing similar fire risksincluding those in San Diego, Orange, and Los Angeles Counties —have
facing similar fire risks —including those in San Diego, Orange, and Los Angeles Counties —have adopted significantly higher fines ranging from $1,000 to $5,000 for fireworks violations, with demonstrated reductions in violations following implementation.
Proposed Fine Structure
The proposed revision to the fine structure is as follows:
First Violation: $1,500
Second and Subsequent Violations: $3,000
These fines are in line with regional best practices and are intended to serve as a meaningful deterrent.
The increase will also support cost recovery for public safety responses, including fire suppression, emergency services, and code enforcement activities.
Comparison Neighboring Cities:
City of Banning
Up to $1,000. Subsequent fine of $1,000.
City of Beaumont
$1,000 for lst violation, $2,500 for 2na, $5,000 for each additional.
City of Calimesa
Up to $1,000. Subsequent fine of $1,000.
City of Colton *
$3,000 for 1" violation, $5,000 for 2„a
City of Fontana*
$2,750 for lst violation, $5,500 for 2na, $11,000 for 3`a City of Grand Terrace*
$2,750 for I" violation, $5,500 for 2na, $11,000 for 3`a City of Highland
$1,000.00 fine for each violation.
City of Loma Linda
$100 for 1 St violation.
City of Rancho Cucamonga
$1,000 for each violation.
City of Redlands
Refers to California Health and Safety Code limits.
City of San Bernardino*
Illegally selling or using "safe and sane" fireworks fined $1,000 for 1St, $2,500 for 2"a, and $5,000 for each additional. Illegal selling or using "dangerous" fireworks will be fined $2,500 for 1st, $5,000 for 2na, and $10,000 for each additional. Also, City has a $250 reward program.
County of San Bernardino*
Fines up to $1,250.
City of Yucaipa
$100 for 111 violation.
Note: * indicates the city permits "safe and sane "fireworks in designated areas In conclusion, given Yucaipa's elevated wildfire risk and continued illegal use of fireworks, increasing the administrative fines is a
necessary and proportionate measure to protect the community. Staff recommends that City Council adopt the proposed ordinance amending the fireworks fine structure to $1,500 for the first offense and $3,000 for subsequent offenses.
FISCAL IMPACT:
The recommendation does not result in a fiscal impact.
Attachment(s):
1. Ordinance No. 457
2. Fire Hazard Severity Zone Map -Yucaipa
Approved by
ATTACHMENT 1
ORDINANCE NO.457
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, ADDING CHAPTER 8.40 TO TITLE 8 OF THE YUCAIPA
MUNICIPAL CODE REGARDING FIREWORKS
WHEREAS, fireworks are currently regulated under Section 15.04.115 of the Yucaipa Municipal Code; and
WHEREAS, this Ordinance is intended to enhance enforcement capabilities to prohibit illegal fireworks; and
WHEREAS, the City Council of the City of Yucaipa desires stronger enforcement regulations to promote public health, safety, and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Municipal Code Amendment.
Chapter 8.40, "Fireworks," is hereby added to Title 8 of the Yucaipa Municipal Code to read as follows:
Chapter 8.40 Fireworks
8.40.010 Prohibition
A. Pursuant to Section 15.04.115 of this code, the storage, use, sale, possession, and handling of all fireworks is prohibited.
B. The provisions of this chapter shall be enforced by any authorized person designated by the City Manager, including but not limited to, the Police Department, Fire Department, Code Enforcement Division and Development Services Department -Public Works Rangers.
C. Any person authorized to enforce this chapter may seize, take, remove or cause to be removed, any fireworks.
D. Notwithstanding this chapter, fireworks displays require a permit as provided in Section
15.04.115 of this code.
8.40.020 Disposal
Any fireworks seized, taken, or removed fireworks under this chapter may be disposed of by the Fire Chief or the Police Department.
8.40.030 Exemptions
City -sponsored fireworks displays shall be exempt from the provisions of this chapter.
10.20.080 Penalties
A. Any violation of this Chapter is unlawful and shall constitute a public nuisance. The City may abate such violations using any remedy provided by law or equity, including, but not limited to, the remedies contained in Chapter 1.12 of this code.
B. The City may issue administrative citations for any violation of this chapter. The penalties assessed for each administrative citation shall conform to the following amounts:
1. First violation: $1,500.
2. Second and subsequent violations: $3,000.
Section 2. Severability.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
Section 3. CEQA.
The City Council finds that this Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) under the common sense exception 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 that there is no possibility that the activity in question may have a significant effect on the environment, such as here, the activity is not subject to CEQA.
Section 4. Effective Date.
This Ordinance shall be effective on the 31 st day following its adoption by the City Council.
Section 5. Publication and Posting.
The Mayor shall sign this Ordinance, and the City Clerk shall certify as to the adoption and shall cause the ordinance or a summary thereof to be published in accordance with state law.
PASSED, APPROVED and ADOPTED this day of 52025.
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk
Jon Thorp, Mayor
APPROVED AS TO FORM
Steven Graham Pacifco,
City Attorney
ATTACHMENT 2
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- Very High High Moderate Projection: NAD 83 California Teale Albers Scale: 1:64,000 at 11" x 17"
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Fire Hazard Severity Zones in State Responsibility
Area (SRA), Effective April 1, 2024 ; Incorporated City 0 Waterbody Federal Responsibility
e.. e Very High High Moderate Unzoned LRA Area (FRA)
Government Code section 51178 requires the State Fire statewide criteria and based on the severity of fire hazard that is and other relevant factors including areas where winds Marshal to identify areas in the state as moderate, high, expected to prevail in those areas. Moderate, high, and very high fire have been identified by the Office of the State Fire Marshal and very high fire hazard severity zones based on consistent hazard severity zones shall be based on fuel loading, slope, fire weather, as a major cause of wildfire spread.