Policy Text
TOM Da Ré, CHIEF OF POLICE
Professional Standards Division NUMBER: 2020 -09
ISSUED: July 2 , 2020
2020 FIREWORK MUNICIPAL CODES
Section 5.28.160, Sale, Possession, and Discharge of Fireworks –
--This is the main section of this part of the code relating to the discharging of fireworks.
--Officers would use 5.28.160 and then choose a letter or letters from below de pending on the specifics of the
violation(s).
5.28.160(A) – The d ischarging safe & sane fireworks outside of the allowable hours of 10:00 am – 10:00 pm on July 4th.
5.28.160(F) – The d ischarge of any fireworks on commercial, industrial or publicly owned parcel (public property, ie: city
streets) – however, if someone is discharging on the street(s) at a block party, this section wo uld not apply since they can
use the street if they are within the permitted footprint of a valid Community Event Permit such as a block party permit.
(For July 4, 2020, all block parties are cancelled).
5.28.160(G) – The discharge of illegal fireworks.
5.28.160(H) – The d ischarge of illegal fireworks on private property.
5.28.160(I) – The d ischarge of safe & sane fireworks within 10 feet of any residence or structure.
Below is the section relating to the sales of fireworks at the permitted
Fireworks Stands and the times Fireworks can be discharged
5.28.080, Time Limit on Sales of Fireworks – Sales are now only allowed 7/1 -7/3 from 10am -10pm & on 7/4 from 10am -
9pm.
5.28.060, Sales, Possession, and Discharge of Fireworks – Safe & Sane fireworks can only be discharged on July 4th from
10am – 10pm.
Suggestions and preferable guidelines for the issuance of
Administrative Citations for Fireworks violations
Citations can be written listing more than one section of the municipal code at $1000 for each section violated.
Example, someone lights an illegal firework off on their private property within 10 feet of their house, you can cite
for 5.28.160(G) for $1000, 5.28.160(H) for $1000, and 5.28.160(I) for $1000. This would make it a $3000 citation .
Taking pictures of the confiscated discharged firework remnant and/or non -discharged fireworks and include the
pictures in the case filing helps to solidify the citation if the recipient appeals the issuance of the citation.
TRAINING BULLETIN
Please make every effort to use the actual violator’s address off of their I.D. when issuing a citation, and refrain
from using the address of the house or residence on the citation, unless it is the homeowner or verifiable resident
that is receiving the c itation.
Other Applicable Laws :
H&S 12670 - Advertise the sale of fireworks without a license.
H&S 12685 - Conduct of pubic fireworks display without a permit.
H&S 12686 - Use special effects fireworks without a pyrotechnic license.
H&S 12687 - Sell, give, transfer or deliver special effects fireworks without a pyrotechnic license.
H&S 12688 - Advertise to sell any class of pyrotechnics without a license or permit (Dangerous, Safe and Sane,
Agricultural, Wildlife, model -rocket engines).
H&S 12690 - Perform or act with expired fireworks license or permit.
SALES OF FIREWORKS
H&S 12675 - Failure to record on bill of lading or manifest required fireworks license numbers.
H&S 12671 - Sell, offer for sale, possess, store, discharge, use or transport fireworks not registered by the State Fire
Marshall.
STORAGE OF FIREWORKS
H&S 12673 - Store fireworks without a permit.
H&S 12674 - Store or possess fireworks for which a fireworks license is required after license revoked.
H&S 12679 - Sell, use, store fireworks within 100 feet of where gasoline or other flammable liquids are stored or
dispensed.
H&S 12682 - Allow or permit a fire nuisance where fireworks are sold, manufactured, assembled, packaged,
discharged, stored, or distributed.
DANGEROUS FIREWORKS
H&S 12676 - Sell, transfer, give or otherwise convey title of Dangerous fireworks unless receiver has a permit.
H&S 12677 - Possess Dangerous fireworks without a permit.
H&S 12680 - Place, throw, ignite, or discharge Dangerous fireworks at a person or crowd where injury can occur.
H&S 12689 (a) - Sell, give, or del iver Dangerous fireworks to any one under 18.
EMERGENCY SIGNALING DEVICES
H&S 12683 - Sell, use, and discharge an unregistered emergency signal device.
H&S 12684 - Use emergency signal device for other than intended purposes.
AGRICULTURAL AND WILDLIFE FIREWORKS
H&S 12678 - Use agricultural and wildlife fireworks without permit.
SAFE AND SANE FIREWORKS
H&S 12672 - Sell Safe and Sane Fireworks other than from noon June 28 – noon July 6 12681 Sell or transfer Safe
and Sane Fireworks at other