Submitted By: Community Development
Prepared By: Adam Atamian, Community Development Director
Ambrocia Dominas, Community Development Programs Analyst
Subject:
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REVIEW OF COMMUNITY SAFETY AND WELFARE COMMITTEE RECOMMENDATION AND CONSIDERATION TO INTRODUCE AN ORDINANCE ADDING CHAPTER 8.18 - FIREWORKS, TO TITLE 8 - HEALTH AND SAFETY, OF THE SAN CLEMENTE MUNICIPAL CODE, RELATING TO ENHANCED FIREWORKS ENFORCEMENT AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
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Summary:
During public comment at the August 4, 2026 City Council meeting, members of the public raised concerns regarding public safety and disruptive activity associated with Fourth of July celebrations occurring in the City. In response to those concerns, the City Council directed further review of Fourth of July public safety operations and referred the matter to the Community Safety and Welfare Committee (CSWC) for review and recommendations.
Following its review of holiday safety concerns associated with the Fourth of July, the Community Safety and Welfare Committee recommended that fireworks enforcement measures be advanced separately in advance of New Year’s Eve. The remaining holiday safety measures are proposed to return through the Committee’s annual work-plan process.
Fireworks are already prohibited in San Clemente through the City’s adoption of the California Fire Code. The proposed ordinance, provided as Attachment 1, would place the existing prohibition more directly in the San Clemente Municipal Code (SCMC) and establish a local framework for administrative penalties, responsibility for violations, recovery of response costs, and coordinated enforcement. The City Council is being asked to consider introduction of the ordinance as recommended by the CSWC and staff.
Background:
On August 25, 2026, the CSWC began reviewing concerns related to public safety and disruptive activity associated with Fourth of July celebrations, as directed by the City Council. This review continued at a Special Meeting of the CSWC held September 18, 2026. Staff presented a range of potential holiday safety enhancements addressing water and ice balloon projectiles, fireworks enforcement, social-host accountability, surveillance technology, enforcement, and public outreach. A copy of the agenda reports provided to the CSWC at these meetings are provided as Attachments 2 and 3. The meeting minutes from the August 25, 2026 are provided as Attachment 4.
During the CSWC's review on August 25, Committee members expressed interest in advancing fireworks enforcement measures in advance of the New Year's Eve Holiday while continuing development of the broader holiday safety work plan. On September 18, the CSWC supported advancing a fireworks ordinance separately. Accordingly, this report is limited to fireworks enforcement. The remaining holiday safety measures are proposed to return to the CSWC for further investigation and future recommendation, should the City Council approve the “Holiday Public Safety Enhancements” project as part of the Committee’s 2027 Work Plan, to be considered as a separate City Council agenda item.
Discussion:
Existing Fireworks Regulations and Enforcement Need
Fireworks are already prohibited in San Clemente through the City’s adoption of the California Fire Code. The proposed ordinance does not establish a new category of prohibited fireworks or change which fireworks are lawful. Instead, it places express prohibition language in the SCMC and supplements the existing regulations with locally administered enforcement tools.
Fireworks violations frequently occur during short, concentrated periods and may be difficult to address through traditional enforcement methods. The proposed ordinance establishes a framework through which designated personnel may identify the applicable prohibition, issue administrative citations, assign responsibility, and recover qualifying response costs while preserving other remedies available under the SCMC and state law.
Development of the Proposed Enforcement Framework
Staff reviewed fireworks regulations adopted by selected neighboring and regional jurisdictions to identify available enforcement approaches. The review found that several cities have supplemented existing State Fire Code prohibitions with administrative penalties, property- or host-based liability, response-cost recovery, and expanded local enforcement authority.
The proposed ordinance incorporates elements of these regional models while adapting them to San Clemente’s existing Fire Code, administrative citation procedures, and the respective enforcement roles of City staff, the Orange County Sheriff Department (OCSD), and the Orange County Fire Authority (OCFA).
The ordinance would add Chapter 8.18 to the SCMC. The new chapter expressly prohibits the possession, manufacture, storage, keeping, sale, handling, use, and discharge of fireworks unless expressly authorized by state law or pursuant to a valid permit. The prohibition applies to fireworks classified by state law as dangerous fireworks and safe and sane fireworks.
The ordinance also identifies the personnel authorized to enforce its provisions, establishes administrative citation and appeal procedures, and preserves the City’s ability to pursue other administrative, civil, or criminal remedies. Administrative citations and response-cost assessments would generally follow the notice and appeal procedures established in Chapter 1.20, while the fireworks-specific fine schedule would supersede the ordinary administrative fine amounts in that chapter.
Administrative Penalties and Response Costs
Staff surveyed fireworks fine schedules adopted by 14 selected California jurisdictions. The review identified substantial variation in the amounts imposed, the period used to determine repeat violations, and whether cities apply different penalties based on the classification or quantity of fireworks involved.
The proposed ordinance establishes a single schedule applicable to violations of the Chapter: $1,000 for a first violation, $2,000 for a second violation, and $3,000 for each subsequent violation. A prior violation by the same person would be counted for purposes of escalation if the current violation occurs within the applicable 12-month period.
In addition to administrative fines, the ordinance authorizes recovery of reasonable costs incurred in responding to prohibited fireworks activity. Recoverable costs may include law-enforcement, fire, code-compliance, or medical response; personnel and equipment expenses; administrative time; and repair of City property. For seized dangerous fireworks, the proposed ordinance also incorporates the transportation- and disposal-cost requirements of the State Fireworks Law.
Responsibility for Violations
The ordinance distinguishes between the person directly engaging in prohibited fireworks activity and other persons legally responsible for the property or a juvenile offender. A “Responsible Person,” as defined in the proposed ordinance, is the individual engaging in the prohibited activity. A “Host” is defined as a person who owns, rents, leases, occupies, or otherwise controls property where the activity occurs or property adjacent to the street or sidewalk where the activity occurs.
Under the proposed ordinance, a Host may be held strictly liable for permitting, promoting, or failing to prevent prohibited fireworks activity on or adjacent to property under the Host’s control. However, the ordinance provides a safe harbor when the Host promptly contacts law enforcement, emergency dispatch, or other enforcement personnel and requests assistance in terminating the activity or removing the involved person or fireworks. This exception is also applied to recovery of response costs so that a Host who reports the activity is not held responsible for those costs.
When a juvenile commits a violation, the juvenile’s parent, guardian, or person having care, custody, or control may also be held liable. The ordinance further provides for joint and several liability for response costs incurred because of the juvenile’s conduct.
Implementation and Coordination
If the proposed ordinance is adopted, the City will coordinate with both OCSD and OCFA on implementation including operational planning, clear reporting channels, advance education, signage, outreach and coordinated field-deployment.
Considerations Identified by Staff:
Fireworks are already prohibited under the California Fire Code as adopted by the City. The principal policy consideration is whether the additional local enforcement mechanisms are appropriate to improve deterrence, assign responsibility, and recover costs incurred in responding to violations. The proposed ordinance would provide more direct administrative enforcement but would also broaden the persons who may be held liable and allow substantial penalties when multiple violations occur.
The principal provisions available for Council consideration include the administrative fine amounts and 12-month escalation period; the treatment of separate acts and continued or resumed fireworks activity as separate violations; the scope of Host, parental, and guardian liability, including the reporting safe harbor; and the circumstances and procedures for recovering response costs.
Council Options:
• Introduce and conduct a first reading of Ordinance No. 1814.
• Modify and then introduce Ordinance No. 1814.
• Continue the item and provide direction to staff.
• Decline to introduce the attached ordinance.
Environmental Review/Analysis:
The proposed ordinance does not qualify as a “project” under the California Environmental Quality Act (CEQA) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, § 15378, subd. (a).)
Fiscal Impact:
No additional fiscal impact is anticipated. The proposed ordinance would be implemented with existing staff and resources. Administrative fine revenue and recovery of response costs will depend on enforcement activity and cannot be estimated at this time.
Potential Action(s):
recommendation
Should the City Council desire to establish additional local fireworks-enforcement mechanisms, the City Council may introduce and conduct a first reading of Ordinance No. 1814 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADDING CHAPTER 8.18 TO TITLE 8 OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO ENHANCED FIREWORKS ENFORCEMENT AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.”
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Attachments:
1. Ordinance No. 1814
2. Community Safety and Welfare Committee Agenda Report, dated August 25, 2026, entitled “Options to Enhance Holiday Public Safety Enforcement”
3. Community Safety and Welfare Committee Agenda Report, dated September 18, 2026, entitled “Holiday Public Safety Enforcement”
4. Community Safety and Welfare Committee Meeting Minutes of August 25, 2026
Notification:
None.