Loading...
HomeMy WebLinkAbout2026-03-24; City Council; 09; Ordinance Establishing Administrative Penalties for Fireworks ViolationsCA Review MK Meeting Date: March 24, 2026 To: Mayor and City Council From: Geoff Patnoe, City Manager Staff Contact: Mike Ernst, Police Lieutenant mike.ernst@carlsbadca.gov, 442-339-2195 Darcy Davidson, Fire Division Chief/Fire Marshal darcy.davidson@carlsbadca.gov, 442-339-2662 Subject: Ordinance Establishing Administrative Penalties for Fireworks Violations Districts: All Recommended Action Introduce an ordinance amending Title 8 of the Carlsbad Municipal Code by adding Chapter 8.15 Administrative Penalties for Fireworks Violations. Executive Summary Fireworks pose a substantial risk of fire and injury, threatening the safety and use of surrounding properties and the public’s health, safety and general welfare. They increase the risk of structure fires, wildfires, injuries and loss of life, and generate substantial calls for service that strain police and fire resources, particularly during peak holiday periods. Although consumer fireworks are illegal in San Diego County, fireworks-related disturbances continue to impact the City of Carlsbad, its residents and its Police and Fire departments. Establishing a local ordinance with administrative penalties for fireworks violations will provide city staff with a tool that balances deterrence, fairness and operational practicality. The proposed ordinance is intended to reduce repeat violations and improve overall community safety. Staff recommend amending the Carlsbad Municipal Code by adding Chapter 8.15 Administrative Penalties for Fireworks. Only the City Council may make amendments to the Municipal Code. Explanation & Analysis Background About 130 reports of fireworks related disturbances have been reported to the Carlsbad Police Department over the past two years, with over 40% of those calls directly associated with private homes. Nationwide reporting of fireworks related injuries has increased from March 24, 2026 Item #9 Page 1 of 8 approximately 9,000 in 2023 to over 14,000 in 20241 (The 2025 statistics have yet to be released.) In addition, according to the United States Consumer Products Safety Commission, an estimated 14,700 people were treated in emergency rooms for fireworks-related injuries in 2024, with 11 fireworks-related deaths that year. Despite existing state prohibitions on the possession or ignition of most fireworks, there are continuing enforcement challenges because of the fleeting nature of violations, the difficulty in identifying the responsible parties and the limited deterrent effect of traditional misdemeanor prosecutions. Across California, municipalities are increasingly strengthening fireworks ordinances in response to heightened wildfire risks and broader public safety concerns. Recognizing that traditional citation-based enforcement has often failed to deter illegal use, cities are adopting enhanced enforcement mechanisms, including increased administrative penalties and social host liability provisions that hold property owners and other responsible parties accountable for violations occurring on their premises. These efforts are also designed to reduce neighborhood disruption and improve quality of life, while aligning local regulations with countywide public safety campaigns and coordinated enforcement strategies. Proposed ordinance Staff are recommending an ordinance that: •Establishes a clear administrative citation process with administrative penalties of $1,000 per violation and a maximum administrative penalty balance of $10,000 per day to provide an immediate and effective enforcement tool. •Strengthens accountability by authorizing designated personnel to issue administrative citations and linking to existing cost recovery provisions in the Municipal Code, such as cost recovery for certain emergency responses. •Provides due process protection through an administrative appeal process. This approach balances deterrence, fairness and operational practicality, and is intended to reduce repeat violations and improve overall community safety. This ordinance imposes strict civil liability on social hosts for fireworks violations occurring on private property or at any sidewalk and street adjacent to the property line. Social hosts include, among others, anyone with a right of possession to the property where prohibited fireworks are being sold, possessed, stored, used, ignited, or discharged. This means that a property owner could be administratively cited for a fireworks violation that occurs on their property, even if they are an absent property owner or are temporarily renting out the property as a short-term vacation rental. Similarly, a renter who invites guests over for a party could be administratively cited for a fireworks violation caused by the guests. The people in control of the property at the time of the fireworks violation, or a person who merely organizes, supervises or conducts a gathering that involves prohibited fireworks, could also be cited. 1 Consumer Product Safety Commission report, June 25, 2025. March 24, 2026 Item #9 Page 2 of 8 Public notification City staff will work to educate the community about the new penalties for fireworks violations before beginning enforcement of this ordinance. This will include information in city newsletters, social media posts and on the city’s website as well as in the Police and Fire departments’ interactions with community members. Fiscal Analysis Fiscal impacts include the purchase of upgraded software at a one-time expense of $21,000 for existing e-citation printers to allow for administrative citations to be issued by Carlsbad Police officers. This expense will be paid out of the Police Department’s fiscal year 2025-26 operating budget. Next Steps The Office of the City Clerk will prepare the ordinance for adoption at the next regular City Council meeting. Once adopted, the City Clerk will publish the ordinance or a summary of the ordinance in a newspaper of general circulation within 15 days. The ordinance will be effective 30 days following its adoption. Environmental Evaluation The proposed action to introduce an ordinance establishing administrative penalties for fireworks violations is exempt from environmental review under California Environmental Quality Act, or CEQA, Guidelines Section 15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment. Exhibit 1.Proposed ordinance March 24, 2026 Item #9 Page 3 of 8 Exhibit 1 ORDINANCE NO. CS-512 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 8 OF THE CARLSBAD MUNICIPAL CODE BY ADDING CHAPTER 8.15 ADMINISTRATIVE PENALTIES FOR FIREWORKS VIOLATIONS WHEREAS, fireworks pose a serious risk of fire or injury, threatening the safety and the use and enjoyment of surrounding properties and the public health, safety, and welfare; and WHEREAS, nationwide reporting of fireworks related injuries has increased from approximately 9,000 in 2023 to over 14,000 in 2024; and WHEREAS, according to the United States Consumer Products Safety Commission, in 2024 an estimated 14,700 people were treated in emergency rooms for fireworks related injuries and there were 11 reported fireworks-related deaths; and WHEREAS, over the past two years, the Carlsbad Police Department has received approximately 130 reports of fireworks related disturbances, with over 40 percent of those calls directly associated with private residences; and WHEREAS, the risks posed by fireworks are increased by persistent or repeated failures to comply with the provisions of this ordinance; and WHEREAS, this ordinance will impose strict civil liability upon social hosts, as defined in this ordinance, for all violations of this chapter occurring on residential real property or private property; and WHEREAS, each contiguous use, display, and/or possession is a separate violation and is subject to a separate administrative penalty. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1.That the above recitations are true and correct. 2.The proposed action to add Carlsbad Municipal Code Chapter 8.15 Administrative Penalties for Fireworks Violations is exempt from environmental review under California Environmental Quality Act Guidelines, or CEQA, Section 15061(b)(3) and 15378(b)(5), as it can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment. 3.Carlsbad Municipal Code Title 8 is amended by the addition of Chapter 8.15 Administrative Penalties for Fireworks Violations to read as follows: March 24, 2026 Item #9 Page 4 of 8 Chapter 8.15 ADMINISTRATIVE PENALTIES FOR FIREWORKS VIOLATIONS 8.15.010 Purpose. 8.15.202 Definitions. 8.15.030 Enforcement and seizure of fireworks. 8.15.040 Administrative penalties. 8.15.050 Violations. 8.15.070 Appeals. 8.15.080 Rules of construction. 8.15.090 Severability. 8.15.010 Purpose. Fireworks pose a serious risk of fire or injury, threatening the safety and the use and enjoyment of surrounding properties and the public health, safety, and welfare. This risk is increased by persistent or repeated failures to comply with the provisions of this chapter. Therefore, this chapter imposes strict civil liability upon social hosts, as defined in this chapter, for all violations of this chapter. Each contiguous use, display, and/or possession is a separate violation and is subject to a separate administrative fine. 8.15.020 Definitions. The following definitions apply in interpreting and enforcing this chapter, along with the definitions in Chapter 1.10 of this code, unless modified in this chapter: “Dangerous fireworks” has the same meaning as in California Health and Safety Code Section 12505. “Fireworks” has the same meaning as in California Fire Code Section 202. “Fireworks 1.4 G” means “Safe and Sane” or consumer grade fireworks as defined in California Fire Code Section 202. “Fireworks 1.3 G” means professional grade fireworks as defined in California Fire Code Section 202. “Fire Chief” means the Fire Chief or authorized designee. “Police Chief” means the Police Chief or authorized designee. “Property” means any private property including without limitation a home, yard, or field, whether or not occupied as a dwelling and whether owned, leased, rented, or used with or without compensation. “Pyrotechnics” has the same meaning as in California Fire Code Section 202. “Social host” means a person or persons with a right of possession of the residence or other private property at which fireworks in violation of this chapter are sold, offered to be sold, possessed, stored, used, ignited, or discharged, including without limitation: (a) any record owner of the property, wherever that person or entity resides at that time, and (b) a tenant or lessee of the property. A social host also includes without limitation: (c) the person(s) in charge of or in control of the residence or other private property at the time fireworks are possessed, stored, sold, used, ignited, or discharged in violation of this chapter and (d) the person(s) who organizes, supervises, officiates, conducts, or controls the gathering or any other person(s) accepting responsibility for March 24, 2026 Item #9 Page 5 of 8 such gathering at the residence or other private property where fireworks are possessed, stored, sold, used, ignited, or discharged in violation of this chapter. 8.15.030 Enforcement and seizure of fireworks. A.The police department, fire department, and code enforcement division are authorized to enforce the provisions of this chapter. The City Manager may designate others to enforce this chapter. Such persons are "enforcement officers" within the meaning of Chapter 1.10 of this code. B.A violation of this chapter may be enforced with any remedy available at law, including without limitation a misdemeanor citation as provided in Section 1.08.010(B) of this code, or an administrative penalty as provided in Section 8.15.040 of this chapter. C.The Fire Chief, the Police Chief, and trained code enforcement officers are authorized to use sUAS (small unmanned aircraft system) technology to enforce this chapter. D.Any person in violation of this chapter or Section 17.04.410 of this code must abate the violation and immediately surrender all prohibited fireworks to enforcement officers. E.The Fire Chief and the Police Chief are authorized to seize and remove prohibited fireworks pursuant to applicable law. 1.No notice or warrant is required to seize or remove prohibited fireworks when immediate action is necessary to preserve or protect public health and safety. 2.In all other circumstances outside of Section 8.15.030(E)(1), the city shall attempt to contact the responsible party, social host, and property owner, as they are defined in this chapter and in Section 1.10.010 of this code, to provide notice prior to the seizure or removal of prohibited fireworks. The Fire Chief and Police Chief may enter private property only after: (1) receiving written consent of the property owner or their authorized agent; (2) the issuance of a judicial warrant; or (3) a determination by the City Attorney's office that an exception to the warrant requirement applies. 3.The fire department and the police department are authorized to adopt policies and procedures to carry out this section. 8.15.040 Administrative penalties. A.A violation of this chapter or Section 17.04.410 of this code is subject to the imposition and payment of an administrative penalty in the amount of $1,000 per violation, with a maximum administrative penalty total of $10,000 per day. A notice of violation is not required prior to issuing an administrative citation. B.The legal guardian(s) of a minor and the minor shall be jointly and severally liable for the minor’s administrative penalties and any related costs. C.The imposition of administrative penalties related to dangerous fireworks under this chapter are limited to persons who possess, store, sell, use, ignite and/or discharge, or the seizure of 25 pounds or less (gross weight) of such dangerous fireworks. Dangerous fireworks violations exceeding 25 pounds shall be charged as a misdemeanor under this chapter or as required by applicable state law. D.Administrative penalties collected are subject to cost reimbursement to the Office of the State Fire Marshal to the extent mandated by state law. March 24, 2026 Item #9 Page 6 of 8 E. Unless otherwise stated in this chapter, Chapter 1.10 of this code governs the rules and procedures for administrative fines, administrative costs, proceedings, and appeals under this chapter. City costs may also be recovered pursuant to any other applicable section of this code or applicable law. 8.15.050 Violations. A. Pursuant to Section 17.04.410 of this code, the storage, use, sale, possession, and handling of fireworks 1.4G (commonly referred to as Safe & Sane) and fireworks 1.3G are prohibited unless they are being used as part of a public display when permitted and conducted by a licensed pyrotechnics operator. B. It is unlawful for any social host to allow, by invitation or consent, any violation of this chapter to occur at the social host’s residence or other private property, or at any sidewalk and street adjacent to the property line. Consent may be implied based on surrounding facts and circumstances such as repeated violations. A social host need not be present at the time fireworks prohibited under this chapter 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 is not a prerequisite to finding that any specific individual is a social host as defined by this chapter. There is a rebuttable presumption that the record owner of a residential property, as shown on the county’s latest equalized property taxes assessment rolls, and a lessee of a residential property has notice of any violation existing on the property. C. An administrative citation may be issued to any holder of a special events permit under Chapter 8.17 of this code or any person holding a similar license or approval required by the city to close a street or otherwise reserve or use a piece of city property if prohibited fireworks are used at the event or location or for any other violation of this chapter. 8.15.070 Appeals. An administrative citation issued for failure to comply with the provisions of this section may be appealed pursuant to the procedures in Chapter 1.10 of this code. 8.15.080 Rules of construction. This chapter shall be construed liberally in favor of regulation as determined if necessary and appropriate by the City Manager for the public protection and welfare and in order to accomplish its purpose and intent. 8.15.090 Severability. If any portion of this chapter, or its application to particular persons or circumstances is held to be invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision will not affect the validity of the remaining portions of this chapter to persons or circumstances not similarly situated. March 24, 2026 Item #9 Page 7 of 8 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 24th day of March, 2026, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2026, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: APPROVED AS TO FORM AND LEGALITY: _________________________________ CINDIE K. McMAHON, City Attorney _______________________________________ KEITH BLACKBURN, Mayor _______________________________________ SHERRY FREISINGER, City Clerk (SEAL) March 24, 2026 Item #9 Page 8 of 8 Introduction of Ordinance to Address Illegal Fireworks Mike Ernst, Police Lieutenant Marissa Kawecki, Deputy City Attorney March 24th, 2026 1 TODAY’S PRESENTATION Overview of Recommended Fireworks Ordinance Enforcement Approach Summary of Penalties Associated with Ordinance & Recommendation 2 ITEM 9: ILLEGAL FIREWORKS OBJECTIVES Protect Public Health/Safety Preserve Quality of Life and Community Welfare Provide Clear, Enforceable Standards 3 ITEM 9: ILLEGAL FIREWORKS OVERVIEW 4 ITEM 9: ILLEGAL FIREWORKS The purpose of this ordinance is to protect public health, safety, and welfare by deterring illegal fireworks use through a clear, enforceable administrative penalty structure. PROPOSED ORDINANCE 5 ITEM 9: ILLEGAL FIREWORKS Imposes administrative penalties on any person or on any social host who allows, by invitation or consent, illegal fireworks to be possessed, stored, sold, used, ignited or discharged. •A social host need not be present at the time of the fireworks violation for the city to impose administrative penalties. •Prior knowledge of the fireworks violation is not required to find that someone is a social host. ENFORCEMENT APPROACH 6 ITEM 9: ILLEGAL FIREWORKS Education and Voluntary Compliance (Pre-Season Phase) •Public outreach campaign (social media, city website, press releases) •Clear communication of legal vs. illegal fireworks •Distribution of multilingual educational materials ENFORCEMENT APPROACH 7 ITEM 9: ILLEGAL FIREWORKS High-Visibility Enforcement (Operational Period) •Multi-department coordination (Police, Fire, Code Enforcement) •Use of administrative citations •Seizure authority for illegal fireworks as permitted by law SUMMARY OF PENALTIES 8 ITEM 9: ILLEGAL FIREWORKS •Cumulative administrative penalties of $1,000 per violation and a maximum administrative penalty balance of $10,000 per day •Citations will often be mailed to the violator (property owner or tenant) •Opportunity to appeal before administrative penalty becomes final FISCAL ANALYSIS 9 ITEM 9: ILLEGAL FIREWORKS •If approved, the Police Department will purchase upgraded software for these new administrative citations for existing e-cite printers •Total one-time expense of $21,000 •Paid out of the Police Department’s FY 2025-26 operating budget RECOMMENDATION 10 ITEM 9: ILLEGAL FIREWORKS Introduce an ordinance amending Title 8 of the Carlsbad Municipal Code by adding Chapter 8.15 Administrative Penalties for Fireworks Violations QUESTIONS? 11 ITEM 9:ILLEGAL FIREWORKS