HomeMy WebLinkAboutOrdinance 690URGENCY ORDINANCE NO. 690
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING TITLE 4 (PUBLIC SAFETY)
OF THE ATASCADERO MUNICIPAL CODE TO ADD CHAPTER 8
(FIREWORKS SOCIAL HOST LIABILITY) TO REGULATE SOCIAL
HOSTS WHO ALLOW ILLEGAL FIREWORKS
WHEREAS, the discharge of illegal fireworks is a common problem faced by many
jurisdictions in California, including the City of Atascadero (“City”) and surrounding
communities;
WHEREAS, the upcoming holiday season, particularly New Year's Eve, and other
celebrations such as Independence Day, present an immediate and recurring threat of
catastrophic wildfires caused by illegal fireworks, especially given California’s extended fire
season and climate conditions that create extreme fire danger;
WHEREAS, the City of Atascadero currently prohibits all fireworks within the city
limits;
WHEREAS, the City’s Police Department responds to numerous fireworks complaint
calls during holiday periods;
WHEREAS, the City’s existing fireworks prohibition lacks adequate enforcement
mechanisms to hold social hosts accountable, resulting in continued illegal fireworks activity that
poses an immediate threat to life and property during high-risk fire periods;
WHEREAS, fireworks can cause serious burns, eye injuries, and other traumatic injuries
requiring immediate medical attention, and delayed implementation of this Ordinance would risk
continued illegal fireworks activity during upcoming holidays, directly threatening public health;
WHEREAS, the City wishes to adopt this Social Host Ordinance as an urgency
ordinance to immediately help deter fireworks activity and provide enhanced enforcement
mechanisms during the upcoming holiday season; and
WHEREAS, the City Council finds that fireworks also pose significant year-round risks
to public health, safety, and welfare, including fire hazards, property damage, and disturbances to
residents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO,
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. The recitals set forth above are adopted herein as a declaration of the facts
constituting the urgency of this Ordinance.
SECTION 2. Title 4 (Public Safety) of the Atascadero Municipal Code is hereby
amended to add Chapter 8 (Fireworks Social Host Liability), to read as follows:
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Section 4-8.01 Definitions
The following definitions shall apply to this Chapter:
(a) “Department” means the Police Department or other department designated by the City
Manager to administer this Chapter.
(b) “Enforcement Officer” means any City employee, agent of the City, or law enforcement
officer with the authority to enforce any provision of this Code, including, but not limited to,
employees of the Fire Department, Police Department, and Community Development
Department.
(c) “Dangerous Fireworks” shall have the same meaning as that term is defined under
California Health & Safety Code Section 12505.
(d) “Fireworks” means any device containing chemical elements and chemical compounds
capable of burning independently of the oxygen of the atmosphere and producing audible, visual,
mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment. The
term “fireworks” includes, but is not limited to, devices designated by the manufacturer as
fireworks, firecrackers, torpedoes, skyrockets, roman candles, rockets, sparklers, party poppers,
paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits. The term
“fireworks” shall also include both Dangerous Fireworks and Safe and Sane Fireworks.
(e) “Response Costs” means those reasonable and necessary costs directly incurred by the
Enforcement Officer for a response to a violation of this Chapter, and include 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 Enforcement Officer for the time spent responding to,
remaining at, or otherwise dealing with the violation, and the administrative costs
attributable to the response(s); and
2. The cost of any medical treatment to or for any Enforcement Officer injured
responding to, remaining at, or leaving the scene of the violation; and
3. The cost of repairing any equipment used by the Enforcement 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.
(f) “Safe and Sane Fireworks” shall have the same meaning as that term is defined under
California Health & Safety Code Section 12529.
(g) “Social Host” means:
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 public or private property
under a lease, permit, license, rental agreement, or contract; and/or
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3. 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, a City, school district, and/or political
subdivision, is not a social host.
(h) “Strictly Liable” means liability for a wrongful act regardless of such person’s intent,
knowledge, negligence, or lack thereof in committing the wrongful act.
(i) “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 a fireworks
discharge if that person is within two hundred (200) feet of the location of the fireworks
discharge. Peace officers or their agents, or City employees designated to enforce the provisions
of this Code, who are acting in the course of their official duties, are not considered “spectators.”
Section 4-8.02 Social Host, Minor, and Spectator Liability
(a) Except as may be permitted by State law, no social host shall use, or permit or fail to prevent
the possession, sale, use, display, explosion, or discharge of any fireworks on the social host’s
property, or an immediately adjacent public or private street or sidewalk.
(b) A social host who permits or fails to prevent any use or discharge of fireworks on a property
under their possession or control, or on an adjacent public or private street or sidewalk, shall be
deemed to have constructive knowledge that fireworks have been used or discharged if the social
host has not taken all reasonable steps to prevent the lighting or discharge of fireworks.
(c) It is the duty of any social host to take all reasonable steps to prevent the use or discharge of
fireworks on the social host’s property, or on an immediately adjacent public or private street or
sidewalk.
(d) Any social host shall be strictly liable for any violation of this Chapter occurring at the social
host’s property.
(e) Any person having the care, custody, or control of any minor who violates this Chapter shall
be strictly liable for the minor’s violation of this Chapter. The person having the care, custody, or
control of any minor who violates this Chapter need not be present when the minor violates the
Chapter to be held strictly liable for the violation.
(f) It shall be unlawful for any person to be knowingly present as a Spectator during an
unauthorized fireworks discharge in violation of this Chapter.
(g) No person who has the right to use, possess, or occupy a unit in a multifamily residential
property under a lease, rental agreement, or contract shall be liable for violations of this Chapter
occurring in the common areas of the property unless the person is a social host as defined by
this Chapter.
Section 4-8.03 Penalties for Violations
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(a) Any person violating any of the provisions or failing to comply with any of the mandatory
requirements of this Chapter is deemed guilty of a misdemeanor and a public nuisance. Any
person convicted of a misdemeanor under the provisions of this Chapter shall be subject to
punishment by a fine, or by imprisonment in the county jail for a period not exceeding six
months, or by both fine and imprisonment.
(b) In addition to potential criminal penalties, any person that violates the provisions of this
Chapter may be subject to civil actions, administrative fines, and enforcement action pursuant to
the Municipal Code.
(c) A violation of this Chapter shall be subject to an administrative fine of $1,000 per violation,
to a maximum of $10,000 per calendar day.
(d) Non-exclusivity of Penalties. The penalties set forth herein 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 or California Penal Code with regard to the sale, use,
possession, delivery, storage, and/or transportation of fireworks.
Section 4-8.04 Separate Offenses
Any person violating the provisions of this Chapter shall be deemed guilty of a separate offense
for each violation that is committed, continued, or permitted by that person, and shall be
punishable accordingly. Each and every unpermitted firework discharge shall constitute a
separate offense.
Section 4-8.05 Response Costs
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 found to be in violation of any
provision of this Chapter, the City’s full response costs.
Section 4-8.06 Seizure of Fireworks
The Enforcement Officer may seize, take, remove or cause to be removed, at the expense of the
violator, all stocks of fireworks offered or exposed for sale, stored or held in violation of this
Chapter when such violation creates an imminent threat to public health or safety.
Section 4-8.07 Notice of Violation and Administrative Fine
Upon the determination by the Enforcement Officer that a violation occurred, a Notice of
Violation and Fine may be prepared, with copies thereof to be served as provided by Section 4-
8.11. The Notice of Violation and Fine shall include the following information:
(a) The date and approximate time the violations occurred, and a legal description and street
address, assessor’s parcel number, or other description sufficient to identify the premises
affected.
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(b) A description of the conditions causing the violation(s). The description shall specify the
number of violation(s) observed.
(c) The code sections that were violated.
(d) The amount of fines being imposed for each violation.
(e) The amount of response costs being imposed for each violation.
(f) A statement that the fine shall be paid directly to the Department that is responsible for
administering the code section(s) violated within twenty days from the service of the Notice of
Violation and Fine.
(g) An explanation that the Notice of Violation and Fine may be appealed by submitting an
appeal within fifteen days of service of the notice to the Department. The explanation shall
clearly detail the process for submitting an appeal, including the need to pay the fine amount in
advance. An appeal shall be conducted in accordance with Section 4-8.09.
(h) The name and signature of the Enforcement Officer.
Section 4-8.08 Appeal of Notice of Violation and Administrative Fine
(a) An appeal shall be filed in writing with the Department not later than the fifteenth day
following the service of the Notice of Violation and Fine. Failure to submit an appeal within this
time period shall result in a waiver of the right to appeal.
(b) An appeal may contest that there was a violation or that the appellant is the responsible
person. An appeal shall use the form provided by the Department and may include any other
supporting materials the appellant wishes to furnish.
(c) The appeal shall be submitted with an advanced deposit of the fine amount identified in the
Notice of Violation and Fine.
Section 4-8.09 Administrative Fine Appeal Process
(a) The appeal shall be heard by a Hearing Officer designated by the City Manager.
(b) The Hearing Officer shall conduct the hearing as follows:
1. The Hearing Officer will hear sworn testimony and consider other evidence concerning
the violation(s).
2. Appellants may be present at the hearing, may be represented by counsel, may present
testimony, evidence, and cross-examine witnesses.
3. If the appellant does not appear and present evidence at the hearing, the Hearing
Officer may base their decision solely upon the evidence submitted by the Enforcement
Officer. Failure of the appellant to appear and present evidence at the hearing shall
constitute a failure to exhaust administrative remedies.
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4. The hearing need not be conducted according to technical rules relating to evidence
and may be continued from time to time.
5. The Hearing Officer will deliberate upon the evidence presented, and shall, within
seven (7) calendar days after the close of the hearing, issue a written decision and order.
6. If the Hearing Officer determines that the notice of fine should be upheld, the fine
amount on deposit with the Department shall be retained by the Department.
7. If the Hearing Officer determines that the notice of fine should be reduced or canceled,
and the fine was deposited with the Department, then the Department shall promptly
refund the corresponding amount of the deposited fine.
8. The decision of the Hearing Officer shall be mailed to, or personally served upon, the
appellant and any other party upon whom the notice of violation was served, and the
Enforcement Officer.
9. The decision shall be final when signed by the Hearing Officer and served as herein
provided.
Section 4-8.10 Right to Judicial Review
Any person aggrieved by an administrative decision of the Hearing Officer on an administrative
citation may obtain review of the administrative decision by filing an appeal to be heard de novo
by the Superior Court in accordance with the timelines and provisions set forth in California
Government Code Section 53069.4. If no notice of appeal of the hearing officer’s administrative
decision is filed within the period set forth in Section 53069.4, the hearing officer’s decision
shall be deemed final.
Section 4-8.11 Service of Notices
Any notice required in compliance with this Chapter shall be served by the Enforcement Officer
as follows, except where this Chapter provides otherwise:
(a) A copy of the notice shall be either served personally or by mail, postage prepaid, certified,
return receipt requested, to:
1. The owner of the affected premises as shown on the last equalized assessment roll. If
no address can be found or is unknown to the Enforcement Officer, then the notice shall
be mailed to the person at the address of the premises where the violation occurred.
2. Any lessees of record of the real property;
3. The record owner of any affected recreational vehicle, mobile home or other vehicle
and any holders of security interest(s) in the recreational vehicles, mobile homes or other
vehicles;
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4. Any holder of a mortgage, deed of trust, lien or encumbrance of record on the real
property; or
5. Any person in real or apparent charge or control of the affected property, mobile home,
recreational vehicle or other vehicles.
(b) A copy of the notice shall be prominently and conspicuously placed upon the premises where
the violation occurred.
Section 4-8.12 Exceptions
The provisions of this Chapter shall not apply to:
(a) 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.
(b) A social host who initiates contact with law enforcement or fire officials to assist in removing
any person, or dangerous fireworks, from the social host’s property or terminating the activity to
comply with this Chapter, if the request for assistance is made before any other person contacts
law enforcement or fire officials to complain about the violation of this Chapter.
(c) The possession, transport, manufacture, storage, display, sale, use, or discharge of fireworks
as permitted under Federal or State law.
SECTION 3. CEQA. Because of the facts set forth in Section 1, the proposed text
amendment is exempt from further environmental review under the California Environmental
Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (14
California Code of Regulations §§ 15000, et seq.) because it can be seen with certainty that there
is no possibility that the enactment of this Ordinance would have a significant effect on the
environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(5), 15061(b)(3).
SECTION 4. Interpretation. This Ordinance must be broadly construed to achieve the
purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance
be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth
in this Ordinance.
SECTION 5. Preservation. Repealing of any provision of the Atascadero Municipal Code
or of any previous Code Sections, does not affect any penalty, forfeiture, or liability incurred before,
or preclude prosecution and imposition of penalties for any violation occurring before this
Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining
action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 6. Effect of Invalidation. If this entire Ordinance or its application is deemed
invalid by a court of competent jurisdiction, any repeal or amendment of the Atascadero
Municipal Code or other City Ordinance by this Ordinance will be rendered void and cause such
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previous Atascadero Municipal Code provision or other City Ordinance to remain in full force
and effect for all purposes.
SECTION 7. Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not
affect the effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable.
SECTION 8. Notice. The City Clerk is directed to certify the passage and adoption of
this Ordinance, cause it to be entered into the City of Atascadero’s book of original ordinances,
make a note of the passage and adoption in the records of this meeting and within fifteen (15)
days after the passage and adoption of this Ordinance, cause it to be published or posted in
accordance with California law.
SECTION 9. Effective Date. As an urgency ordinance, this Ordinance will take
effect immediately upon its final passage and adoption.
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
the 9h day of December 2025, by a vote of at least four-fifths of the City Council.
CITY OF ATASCADERO
Charles Bourbeau, Mayor
ATTEST:
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
David Fleishman, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO ) ss
CITY OF ATASCADERO )
I, ALYSSA SLATER, Deputy City Clerk of the City of Atascadero, DO
HEREBY CERTIFY that Urgency Ordinance No. 690 was adopted at a regular
meeting of the City Council held on the 9th day of December 2025 by the following
roll call vote, to wit:
AYES: Council Members Dariz, Peek, Funk, Newsom and Mayor Bourbeau
NOES: None
ABSENT: None
_____________________________________
ALYSSA SLATER, DEPUTY CITY CLERK
I hereby certify that the foregoing is the original of Urgency Ordinance No. 690 duly
passed and adopted by the Atascadero City Council at their regular meeting held
on December 9, 2025 and a copy of the Ordinance was published on
December 18, 2025 in the New Times newspaper.
_____________________________________
ALYSSA SLATER, DEPUTY CITY CLERK
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