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HomeMy WebLinkAboutItem 7.2 Intro Ordinance Amending Chapter 5.24 -Fireworks- of Dublin Municipal CodeAgenda Item 7.2 (Updated March 23, 2026) STAFF REPORT CITY COUNCIL Page 1 of 4 DATE: March 24, 2026 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager SUBJECT: Introduction of an Ordinance Amending Chapter 5.24 (Fireworks) of the Dublin Municipal Code Prepared by: Jordan Foss, Senior Management Analyst EXECUTIVE SUMMARY: The City Council will consider introducing an Ordinance amending the Dublin Municipal Code Chapter 5.24 (Fireworks) to improve clarity, define appropriate uses of both illegal and safe and sane fireworks, create a social host liability for improper use of fireworks, and support the City’s enforcement efforts by including administrative citations as part of the penalties for violations. The changes are informed by best practices and a review of other municipalities’ fireworks ordinances. STAFF RECOMMENDATION: Waive the reading and introduce an Ordinance Approving Amendments to Dublin Municipal Code Chapter 5.24 (Fireworks). FINANCIAL IMPACT: None. DESCRIPTION: Background The City of Dublin has allowed the sale and use of safe and sane fireworks within the City since 1982. The sale of safe and sane fireworks is currently regulated by DMC Chapter 5.24. The chapter prohibits illegal fireworks, allows limited sale of safe and sane fireworks through permitted nonprofit-operated stands during the specified period of June 28 through July 5, and establishes permitting, safety requirements, and penalties for violations of the code. As currently written, the chapter does not clearly regulate the use of safe and sane fireworks or establish penalties related to improper use. 412 Page 2 of 4 On January 13, 2026, the City Council received a report on Dublin’s safe and sane fireworks program. The presentation included a review of financial impact, notable historical context, and an overview of regulations in Dublin Municipal Code (DMC) Chapter 5.24 (Fireworks). At the meeting, the City Council requested amendments to the DMC that would address the use of illegal and safe and sane fireworks, social host liability, and the use of administrative citations as a penalty for any violation of the code. Proposed Amendments In developing the proposed amendments, Staff reviewed neighboring jurisdictions’ fireworks social host ordinances, as well as the City’s existing Social Host Ordinance (DMC Chapter 5.94), which addresses property owner liability related to underage drinking. Based on this review, Staff recommends incorporating fireworks-related social host liability provisions into Chapter 5.24, with no amendments to Chapter 5.94 at this time. This approach is consistent with other Bay Area jurisdictions, including the cities of Newark and Livermore, which incorporate social host liability provisions within their fireworks regulations and further define permitted and prohibited uses of fireworks. These jurisdictions also authorize administrative citations for violations of their fireworks codes. Staff will return at a future meeting with a report on the Social Host Ordinance that addresses the City Council’s broader requested updates to Chapter 5.94, including e -bikes and other potential areas of concern. The following is an overview of all proposed amendments:  Section 5.24.010 (Amendment to Existing Section) o Adds the definition of “Social Host” to include any owner of private property; any person who has the right to use, possess, or occupy public or private property under a lease, permit, license, rental agreement, or contract; or any person who hosts, organizes, supervises, officiates, conducts, sponsors, or is in charge of a gathering on public or private property, and if such person is a minor, then that person’s parents or guardians.  Section 5.24.030 (Amendment to Existing Section) o Removes language providing an exception for the use of fireworks in motion picture, theatrical, or opera productions. As Section 5.24.040 establishes permitting requirements for public displays, this change eliminates the exemption and clarifies that such productions are subject to the same permit requirements. 413 Page 3 of 4  Section 5.24.070 (Amendment to Existing Section) o Replaces the specific amount of the deposit with language tying the deposit amount to the City’s Master Fee Schedule.  Section 5.24.080 (Amendment to Existing Section) o Consolidates existing language to specify that only the permittee shall operate the stand unless receiving assistance from another organization that meets the requirements of Section 5.24.060 and the Fire Chief is notified in writing no later than June 27. o Replaces “the parents, wives or husbands or adult children of such members” with “volunteers” of the permitted organization. This clarification is in line with current practices.  Section 5.24.140 (New Section) o Defines permitted uses of fireworks in Dublin, including the possession, storage, sale, and use of both illegal and safe and sane fireworks. To enhance clarity, the amendment includes permitted use of safe and sane fireworks on private property and at designated parks within the City.  Section 5.24.150 (New Section) o Adds social host liability provisions stating that property owners will be held liable for the use of illegal fireworks on their property. It further provides that any property owner who initiates contact with law enforcement to assist i n removing any person from the property or terminating improper activity will not be held liable.  Section 5.24.160 (Amendment to Existing Section) o Clarifies penalties for violations, including the authorization of City code enforcement officers to utilize administrative citations for the violation of DMC Chapter 5.24. The amendment further clarifies that nothing in the chapter shall limit the City’s ability to pursue other remedies to violations under the code or state law. The draft Ordinance is included as Attachment 1. A redline version of the proposed changes to DMC Chapter 5.24 is included as Attachment 3 where underlined text is proposed to be added and text with a strikethrough is proposed to be deleted. Minor, non-substantive changes were also made and are reflected in the redlined version. 414 Page 4 of 4 Procedural Changes Separately, Staff incorporated City Council-directed updates to the fireworks booth application process. The 2026 application now requires applicants who operated a booth in 2025 to report their revenues and expenditures from 2025 sales. This update is reflected in Attachment 4 and was available to the public earlier this month, when the application period opened. The City Council also requested that Staff evaluate the equitable placement of nonprofit organizations at higher-traffic booth locations. Under the current process, nonprofit organizations independently secure and lease booth sites from private property owners, and the City is not involved in this process. Assigning locations would represent a significant shift from this practice and would require Staff to directly negotiate with property owners, resulting in a substantial increase in Staff time. Additionally, this regulative approach could result certain booths being placed in areas in which they are not equipped to manage the foot traffic efficiently. As a result, Staff is not recommending this option and would prefer to leave booth placement to the non-profit organizations and private property owners. Next Steps If the proposed amendments are adopted, Staff will incorporate the revisions into DMC Chapter 5.24, update internal procedures, and conduct outreach to notify impacted nonprofit organizations of the changes. Updated forms and website content will also be developed to inform residents and nonprofit organizations and ensure a smooth transition. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Ordinance Approving Amendments to Dublin Municipal Code Chapter 5.24 (Fireworks) 2) Exhibit A to the Ordinance – Amendments to Dublin Municipal Code Chapter 5.24 (Fireworks) 3) Redline Amendments to Dublin Municipal Code Chapter 5.24 (Fireworks) 4) 2026 Fireworks Booth Application (Added March 23, 2026) 415 Attachment 1 Ord. No. XX-26, Item X.X, Adopted XX/XX/2026 Page 1 of 2 ORDINANCE NO. XX – 26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENTS TO DUBLIN MUNICIPAL CODE CHAPTER 5.24 (FIREWORKS) WHEREAS, the City of Dublin allows for the use and sale of safe and sane fireworks within its jurisdiction in accordance with Chapter 5.24 of the Dublin Municipal Code ; and WHEREAS, the City administers its fireworks booth sales program through the Community Development Department and Alameda County Fire Department, including booth permitting, operational requirements, and safety requirements; and WHEREAS, on January 13, 2026, the City Council requested amendments to the Dublin Municipal Code Chapter 5.24 to provide clarity on uses of fireworks, provision for the use of administrative citations in the penalty process, and address the need for social host liability language ; and WHEREAS, City staff conducted a review of Dublin Municipal Code Chapter 5.24 and surrounding agencies to determine improvements that align with the City Council directio n and create clarity and operational efficiencies. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: Section 1. Chapter 5.24 of the Dublin Municipal Code is hereby amended to revise the City’s fireworks requirements as shown in Exhibit A. Section 2. Effective Date. This Ordinance shall take effect and be enforced 30 days following its final adoption. Section 3. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. {Signatures on the following page} 416 Ord. No. XX-26, Item X.X, Adopted XX/XX/2026 Page 2 of 2 PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this th day of March, 2026 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 417 Dublin Municipal Code Chapter 5.24 FIREWORKS* Attachment 2 Exhibit A Page 1/5 Chapter 5.24 FIREWORKS* Sections: 5.24.010 Definitions. 5.24.020 Prohibitions. 5.24.030 Exceptions. 5.24.040 Public display—Permit required. 5.24.050 Number of permits limited. 5.24.060 Permit—Prerequisites for issuance. 5.24.070 Safe and sane fireworks—Permit procedure. 5.24.080 Operation of stand—Permittee only. 5.24.090 Fireworks stands—Requirements. 5.24.100 General requirements for permittees. 5.24.110 Temporary sales tax permit required. 5.24.120 Permit display required. 5.24.130 Seizure of fireworks. 5.24.140 Use of fireworks. 5.24.150 Social host liability. 5.24.160 Violation—Penalty. 5.24.170 Supplement to state statutes. * Prior ordinance history: Alameda County Ord. 76-34. 5.24.010 Definitions. For the purpose of this chapter, the following definitions shall apply: The words and phrases “fireworks” and “safe and sane fireworks” shall have the respective meanings ascribed to them in Sections 12500 et seq. of the Health and Safety Code of the state of California. (Ord. 18-12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 10 § 1, 1982). “Social host” means a person who is either: 1. Any owner of private property as listed on the most recent assessment roll; 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; or 3. Any person who hosts, organizes, supervises, officiates, conducts, sponsors, or is otherwise in charge of a gathering on public or private property and, if such person is a minor, then that person’s parents or legal guardians. 5.24.020 Prohibitions. A. The manufacture of fireworks is prohibited within the jurisdiction. B. No person shall possess, sell, deliver, deal in, use, explode or fire, or cause to be used, exploded or fired, any form of fireworks designated as “dangerous fireworks” by Section 12505 of the Health and Safety Code of the state of California. C. The possession, sale, delivery, dealing in, use, exploding or firing of any form of fireworks designated as “safe and sane fireworks” by Section 12529 of the Health and Safety Code of the state of California is expressly permitted, except as limited by this chapter. (Ord. 18-12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 10 § 2, 1982) 418 Dublin Municipal Code Chapter 5.24 FIREWORKS* Attachment 2 Exhibit A Page 2/5 5.24.030 Exceptions. Nothing in this chapter shall be construed as prohibiting the use of torpedoes, flares, or fuses by transportation agencies for signal purposes of illumination; or the sale or use of blank cartridges for ceremonial purposes, athletic, or sports events or m ilitary ceremonials or demonstrations; or the sale, discharge or display of fireworks by permittees having a permit as hereinafter provided; or the transportation of fireworks through the city in regular course, and in original packages or containers from any point outside the city to any other point outside the city. (Ord. 18 -12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 10 § 3, 1982) 5.24.040 Public display—Permit required. A. Any person desiring to hold a public display of fireworks within the city shall submit an application for permit to the office of the city’s Fire Chief at least two (2) months prior to the event. In the event a permit is granted, sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable. B. The Fire Chief shall have power to adopt reasonable rules and regulations for granting of permits for supervised public displays of fireworks by a jurisdiction, fair association, amusement park or other organization for the use of fireworks by artisans in pursuit of their trade. Every such use or display shall be handled by a competent operator approved by the Fire Chief and shall be of such character and so located, discharged or fired as in the opinion of the Fire Chief shall not be hazardous to persons or property. C. The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the Fire Chief for the payment of all damages which may be caused to a person or per sons or to any property by reason of the permitted display and arising from any acts of the permittee, his agents, employees or subcontractors. By accepting a permit, permittee agrees to indemnify and hold the city harmless from any such damages. D. All fireworks that remain unfired after the display is concluded shall be immediately disposed of in an approved manner for the particular type of fireworks remaining. (Ord. 18 -12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 2-99 §§ 3A, 3B; Ord. 2-89 § 1(a); Ord. 10 § 4, 1982) 5.24.050 Number of permits limited. The maximum number of permits to sell safe and sane fireworks which may be issued pursuant to this chapter during any one calendar year shall not exceed one (1) permit per each three thousand (3,000) residents of the city of Dublin. The number of residents shall be based on population estimate data available from the California Department of Finance at the time of the random drawing. The most recent estimate of total city population will be adjusted by subtracting the most recent estimate of the group quarters population to equal the estimated household population. If the number of applications received up to and including the last day for making applications pursuant to this chapter exceeds the number of permits to be issued for the city, the Fire Chief shall immediately thereafter supervise an impartial drawing to determine an order of priority for each application. (Ord. 18-12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 5-96 § 1 (part); Ord. 10 § 5, 1982) 5.24.060 Permit—Prerequisites for issuance. A. No permit to sell safe and sane fireworks shall be issued to any person except nonprofit organizations with an active 501(c)(3) status or corporations which have obtained tax exempt status from the State Franchise Tax Board under Section 23701(b), (d), (f), (g), or (l) of the Revenue and Taxation Code. Only one (1) organization per ID number shall apply. Proof shall be provided at application. B. Each such organization must have its principal and permanent meeting place in the city limits and must maintain a bona fide membership of at least twenty (20) Dublin resident members, and must have been organized and established within the city for a minimum of one (1) year continually preceding the filing of the application for the permit. C. Each such organization must have an active business license within the city of Dublin at the time of application. 419 Dublin Municipal Code Chapter 5.24 FIREWORKS* Attachment 2 Exhibit A Page 3/5 D. Each such organization must serve, in whole or in part, the Dublin community and its residents and must pledge to reinvest a portion of the proceeds from its sale of fireworks for the benefit of the Dublin community and its residents. (Ord. 18-12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 10 § 6, 1982) 5.24.070 Safe and sane fireworks—Permit procedure. A. Any nonprofit organization desiring to sell or to offer for sale safe and sane fireworks shall first make a written application to the Fire Chief for a permit to sell fireworks at a fireworks stand. B. Every application for a permit shall be accompanied by a fee in an amount as fixed by the City Council by resolution to cover reasonable costs of investigation and administration. If the application is denied for any reason, one-half (1/2) of said fee shall be refunded. C. The application shall state the name of the applicant, the address of the organization, and its principal or permanent meeting place. D. The application shall state the date and time on which it is proposed that fireworks be sold, which in no event shall be for a period of time not within twelve p.m. (12:00 p.m.) on June 28th to twelve p.m. (12:00 p.m.) on July 5th of each year; however, no fireworks shall be sold after ten p.m. (10:00 p.m.) or before eight a.m. (8:00 a.m.) during these periods. E. The application shall set forth the proposed location of the fireworks stand, including a map or plot plan of the lot or premises on which the stand is to be located depicting the stand and other structures on the premises. Any such stand must be located on private property located within comm ercially zoned districts, and must otherwise conform to zoning and other applicable laws and regulations. The written permission of the owner of record or lessees must also accompany the application. F. Fireworks stands shall be located only in an area bearing a commercial zoning designation. G. Each applicant shall post a deposit as outlined in the city’s current fee schedule for the purposes set forth herein. If the requirements of Section 5.24.100(E) are met by the dates and times set forth therein, the deposit shall be returned on or before July 15th. If the requirements of Section 5.24.100(E) are not met by the times and dates set forth therein, the Fire Chief shall order the cleanup and/or removal of the stand and the deposit will be forfeited in full. Each applicant shall pay the required amount for the purposes of inspection services as outlined in the city’s current fee schedule. H. Two (2) or more nonprofit organizations meeting the requirements of Section 5.24.060 may jointly apply for a permit to sell fireworks at a fireworks stand. The application shall conform to all of the provisions of this section. (Ord. 2-18 § 1(E); Ord. 18-12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 21-99 §§ 1, 3; Ord. 2-99 §§ 1, 3C; Ord. 4-97 § 1; Ord. 2-89 § 1 (b); Ord. 2-88 § 1; Ord. 10 § 7, 1982) 5.24.080 Operation of stand—Permittee only. A. No person other than the permittee shall operate the stand for which the permit is issued. Notwithstanding the foregoing, a permittee may receive assistance in operating the stand from, and share the profits of the operation of the stand with, any nonprofit organization which meets the requirements of Section 5.24.060; provided, that advance written notice is given to the Fire Chief no later than June 27th. (Ord. 18-12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 4-97 § 2; Ord. 10 § 8, 1982) B. No person other than the authorized individuals who are members or volunteers of the permittee organization shall sell or otherwise participate in the sale of fireworks at such stand. 5.24.090 Fireworks stands—Requirements. All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand and sales from any other building or structure is prohibited. Temporary stands shall be subject to the following provisions: A. No fireworks stand shall be located within twenty-five (25) feet of any other building nor within one hundred (100) feet of a gasoline pump; 420 Dublin Municipal Code Chapter 5.24 FIREWORKS* Attachment 2 Exhibit A Page 4/5 B. Each stand in excess of twenty-four (24) feet in length must have at least two (2) exits; and each stand in excess of forty (40) feet in length must have at least three (3) exits spaced approximately equidistant apart; providing, however, that in no case shall the distance between exits exceed twenty-four (24) feet; C. Permittee shall provide each stand with one (1) two-and-one-half (2 1/2) gallon water fire extinguisher suitable for class A fires. The extinguishers shall be serviced and tagged by a licensed State Fire Marshal’s authorized technician within the past year and be easily accessible for use in case of fire and approved as to type by the Fire Chief and conforming to the provisions of this code. (Ord. 18-12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 10 § 9, 1982) 5.24.100 General requirements for permittees. A. All weeds and combustible material shall be cleared from t he location of the stand including a distance of at least twenty (20) feet surrounding the stand. B. “No smoking” signs shall be prominently displayed on the fireworks stand. C. The sale of fireworks shall not (1) be made to any person under the age of eighteen (18), (2) begin before twelve p.m. (12:00 p.m.) on the twenty-eighth day of June of each year nor continue after twelve p.m. (12:00 p.m.) on the 5th of July each year. D. An information brochure concerning instructions as to the use of safe and sane fireworks and the hazards attendant with their use by minors shall be furnished each purchaser by the permittee. No fireworks, or other explosives of any nature, shall be discharged upon the premises or lot upon which a fireworks stand is located. E. For any stands permitted to sell fireworks during any period from June 28th through July 5th, all unsold stock and accompanying litter shall be removed from the location of the stand by five p.m. (5:00 p.m.) on the fifth day of July, and the fireworks stand shall be removed from the location no later than five p.m. (5:00 p.m.) on the eighth day of July. (Ord. 18-12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 21-99 §§ 2, 3; Ord. 2-99 § 2; Ord. 2-89 § 1 (c); Ord. 12 § 1, 1982; Ord. 10 § 10, 1982) 5.24.110 Temporary sales tax permit required. Organizations licensed for the selling of fireworks are required to obtain a temporary sales tax permit from the Regional Office of the State Board of Equalization. (Ord. 18-12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 10 § 11, 1982) 5.24.120 Permit display required. The permit to sell fireworks and temporary sales tax permit shall be displayed in a prominent place in the fireworks stand. (Ord. 18-12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 10 § 12, 1982) 5.24.130 Seizure of fireworks. The Fire Chief shall have the authority to seize, take, remove, or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored, or held in violation of this chapter. (Ord. 18-12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 10 § 14, 1982) 5.24.140 Use of fireworks. No person shall use safe and sane fireworks except on private property with property owner permission and at designated City parks on July 4 during designated times as established by the City. Fireworks other than safe and sane fireworks, including but not limited to dangerous fireworks as defined in Section 5.24.020, are prohibited. Except as permitted by the City, it is unlawful for any person, corporation, or entity to possess, store, display, offer for sale, expose for sale, sell at retail or wholesale, use, discharge, or explode, or allow the use on their property or property under their control, any fireworks except safe and sane fireworks. For purposes of this section, “possess” means actual possession, constructive possession, or joint possession. 5.24.150 Social host liability. 421 Dublin Municipal Code Chapter 5.24 FIREWORKS* Attachment 2 Exhibit A Page 5/5 Any social host shall be strictly liable for any unlawful ignition, use, discharge or display of any dangerous fireworks, or safe and sane fireworks in violation of this code, at their property, gathering, or on any adjacent public or private right-of-way. A. It is unlawful for a host to allow a parcel of property that the host owns, possesses, or controls to be used in a manner prohibited by Section 5.24.140, whether the violation is caused by the host or by any other person. B. A host is strictly liable for any violation of Section 5.24.140 that occurs during a gathering on property that the host owns, possesses, or controls, or in the public right-of-way immediately adjacent to the parcel of property that the host owns, possesses, or controls. C. Notwithstanding the prohibitions in subsections A and B of this section, the provisions of this section shall not apply to a host who initiates contact with law enforcement or fire officials to assist in removing any person from the property or terminating the activity in order to comply with this chapter, if the request for assistance is made before any other person contacts law enforcement or fire officia ls to complain about the violation of this chapter. 5.24.160 Violation—Penalty. A. Persons violating this chapter shall be deemed guilty of an infraction, and, upon conviction, shall be punished as provided in Section 36900(b) of the Government Code, or its successor statute. (Ord. 18-12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 6-02 § 1: Ord. 10 § 15, 1982) B. In addition to any other remedies authorized by law, violations of this chapter may be enforced through the administrative citation procedures set forth in Chapter 1.06 of this code. Any enforcement officer authorized under Chapter 1.06 may issue an administrative citation to any responsible person who violates this chapter, including any social host, property owner, tenant, occupant, or other responsible person who causes, permits, or allows a violation of this chapter to occur on property under their ownership, possession, or control. C. The remedies provided in this section are cumulative and not exclusive. Nothing in this chapter shall limit the City’s ability to pursue any other remedy available under this code or under state law, including but not limited to civil, administrative, or criminal enforcement. 5.24.170 Supplement to state statutes. The provisions of this chapter shall supplement and be cons trued in harmony with the State Fireworks Law (Part 2, Division 11 of the Health and Safety Code of the state of California) and other applicable provisions of the laws of the state of California. (Ord. 18-12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 10 § 13, 1982) 422 Dublin Municipal Code Chapter 5.24 FIREWORKS* Attachment 3 Page 1/6 Chapter 5.24 FIREWORKS* Sections: 5.24.010 Definitions. 5.24.020 Prohibitions. 5.24.030 Exceptions. 5.24.040 Public display—Permit required. 5.24.050 Number of permits limited. 5.24.060 Permit—Prerequisites for issuance. 5.24.070 Safe and sane fireworks—Permit procedure. 5.24.080 Operation of stand—Permittee only. 5.24.090 Fireworks stands—Requirements. 5.24.100 General requirements for permittees. 5.24.110 Temporary sales tax permit required. 5.24.120 Permit display required. 5.24.130 Seizure of fireworks. 5.24.140 Use of fireworks. 5.24.150 Social host liability. 5.24.160 Violation—Penalty. 5.24.1740 Supplement to state statutes. 5.24.150 Violation—Penalty. * Prior ordinance history: Alameda County Ord. 76-34. 5.24.010 Definitions. For the purpose of this chapter, the following definitions shall apply: Tthe words and phrases “fireworks” and “safe and sane fireworks” shall have the respective meanings ascribed to them in Sections 12500 et seq. of the Health and Safety Code of the state of California. (Ord. 18- 12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 10 § 1, 1982). “Social host” means a person who is either: 1. Any owner of private property as listed on the most recent assessment roll; 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; or 3. Any person who hosts, organizes, supervises, officiates, conducts, sponsors, or is otherwise in charge of a gathering on public or private property and, if such person is a minor, then that person’s parents or legal guardians. 5.24.020 Prohibitions. A. The manufacture of fireworks is prohibited within the jurisdiction. B. No person shall possess, sell, deliver, deal in, use, explode or fire, or cause to be used, exploded or fired, any form of fireworks designated as “dangerous fireworks” by Section 12505 of the Health and Safety Code of the state of California. 423 Dublin Municipal Code Chapter 5.24 FIREWORKS* Attachment 3 Page 2/6 C. The possession, sale, delivery, dealing in, use, exploding or firing of any form of fireworks designated as “safe and sane fireworks” by Section 12529 of the Health and Safety Code of the state of California is expressly permitted, except as limited by this chapter. (Ord. 18-12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 10 § 2, 1982) 5.24.030 Exceptions. Nothing in this chapter shall be construed as prohibiting the use of torpedoes, flares, or fuses by railroads or other transportation agencies for signal purposes of illumination; or the sale or use of blank cartridges for ceremonial purposes, athletic, or sports events or military ceremonials or demonstrations; or the sale, discharge or display of fireworks by permittees having a permit as hereinafter provided; or the use and display of fireworks of whatever nature by any person engaged in the production o f motion pictures, theatricals, or operas when such use and display is a necessary part of such production ; or the transportation of fireworks through the city in regular course, and in original packages or containers from any point outside the city to any other point outside the city. (Ord. 18 -12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 10 § 3, 1982) 5.24.040 Public display—Permit required. A. Any person desiring to hold a public display of fireworks within the city shall submit an application for permit to the office of the city’s Fire Chief at least two (2) months prior to the event. In the event a permit is granted, sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable. B. The Fire Chief shall have power to adopt reasonable rules and regulations for granting of permits for supervised public displays of fireworks by a jurisdiction, fair association, amusement park or other organization for the use of fireworks by artisans in pursuit of their trade. Every such use or display shall be handled by a competent operator approved by the Fire Chief and shall be of such character and so located, discharged or fired as in the opinion of the Fire Chief shall not be hazardous to per sons or property. C. The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the Fire Chief for the payment of all damages which may be caused to a person or persons or to any property by reason of the permitted display and arising from any acts of the permittee, his agents, employees or subcontractors. By accepting a permit, permittee agrees to indemnify and hold the city harmless from any such damages. D. All fireworks that remain unfired after the display is concluded shall be immediately disposed of in an approved manner for the particular type of fireworks remaining. (Ord. 18-12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 2-99 §§ 3A, 3B; Ord. 2-89 § 1(a); Ord. 10 § 4, 1982) 5.24.050 Number of permits limited. The maximum number of permits to sell safe and sane fireworks which may be issued pursuant to this chapter during any one calendar year shall not exceed one (1) permit per each three thousand (3,000) residents of the city of Dublin. The number of residents shall be based on population estimate data available from the California Department of Finance at the time of the random drawing. The most recent estimate of total city population will be adjusted by subtracting the most recent estimate of the group quart ers population to equal the estimated household population. If the number of applications received up to and including the last day for making applications pursuant to this chapter exceeds the number of permits to be issued for the city, the Fire Chief shall immediately thereafter supervise an impartial drawing to determine an order of priority for each application. (Ord. 18-12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 5-96 § 1 (part); Ord. 10 § 5, 1982) 5.24.060 Permit—Prerequisites for issuance. A. No permit to sell safe and sane fireworks shall be issued to any person except nonprofit organizations with an active 501(c)(3) status or corporations which have obtained tax exempt status from the State 424 Dublin Municipal Code Chapter 5.24 FIREWORKS* Attachment 3 Page 3/6 Franchise Tax Board under Section 23701(b), (d), (f), (g), or (l) of the Revenue and Taxation Code. Only one (1) organization per ID number shall apply. Proof shall be provided at application. B. Each such organization must have its principal and permanent meeting place in the city limits and must maintain a bona fide membership of at least twenty (20) Dublin resident members, and must have been organized and established within the city for a minimum of one (1) year continually preceding the filing of the application for the permit. C. Each such organization must have an active business license within the city of Dublin at the time of application. D. Each such organization must serve, in whole or in part, the Dublin community and its residents and must pledge to reinvest a portion of the proceeds from its sale of fireworks for the benefit of the Dublin community and its residents. (Ord. 18-12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 10 § 6, 1982) 5.24.070 Safe and sane fireworks—Permit procedure. A. Any nonprofit organization desiring to sell or to offer for sale safe and sane fireworks shall first make a written application to the Fire Chief for a permit to sell fireworks at a fireworks stand. B. Every application for a permit shall be accompanied by a fee in an amount as fixed by the City Council by resolution to cover reasonable costs of investigation and administration. If the application is denied for any reason, one-half (1/2) of said fee shall be refunded. C. The application shall state the name of the applicant, the address of the organization, and its principal or permanent meeting place. D. The application shall state the date and time on which it is proposed that fireworks be sold, which in no event shall be for a period of time not within twelve p.m. (12:00 p.m.) on June 28th to twelve p.m. (12:00 p.m.) on July 5th of each year; howev er, no fireworks shall be sold after ten p.m. (10:00 p.m.) or before eight a.m. (8:00 a.m.) during these periods. E. The application shall set forth the proposed location of the fireworks stand, including a map or plot plan of the lot or premises on which the stand is to be located depicting the stand and other structures on the premises. Any such stand must be located on private property located within commercially zoned districts, and must otherwise conform to zoning and other applicable laws and regulations. The written permission of the owner of record or lessees must also accompany the application. F. Fireworks stands shall be located only in an area bearing a commercial zoning designation. G. Each applicant shall post a deposit in the amount of two hundred dollars ($200) as outlined in the city’s current fee schedule for the purposes set forth herein. If the requirements of Section 5.24.100(E) are met by the dates and times set forth therein, the deposit shall be returned on or before July 15th. If the requirements of Section 5.24.100(E) are not met by the times and da tes set forth therein, the Fire Chief shall order the cleanup and/or removal of the stand and the deposit will be forfeited in full. Each applicant shall pay the required amount for the purposes of inspection services as outlined in the city’s current fee schedule. H. Two (2) or more nonprofit organizations meeting the requirements of Section 5.24.060 may jointly apply for a permit to sell fireworks at a fireworks stand. The application shall conform to all of the provisions of this section. (Ord. 2-18 § 1(E); Ord. 18-12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 21-99 §§ 1, 3; Ord. 2-99 §§ 1, 3C; Ord. 4-97 § 1; Ord. 2-89 § 1 (b); Ord. 2-88 § 1; Ord. 10 § 7, 1982) 5.24.080 Operation of stand—Permittee only. A. No person other than theNo person other than theThe permittee shall operate the stand for which the permit is issued or share or otherwise participate in the profits of the operation of such stand .. 425 Dublin Municipal Code Chapter 5.24 FIREWORKS* Attachment 3 Page 4/6 Notwithstanding the foregoing, a permittee may receive assistance in operating the stand from, and share the profits of the operation of the stand with, any nonprofit organization which meets the requirements of Section 5.24.060; provided, that advance written notice is given to the Fire Chief no later than June 27th. (Ord. 18-12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 4-97 § 2; Ord. 10 § 8, 1982) B. No person other than the authorized individuals who are members or volunteers of the permittee organization, or the parents, wives or husbands or adult children of such members, shall sell or otherwise participate in the sale of fireworks at such stand. C. Notwithstanding the foregoing, a permittee may receive assistance in operating the stand from, and share the profits of the operation of the stand with, any nonprofit organization which meets the requirements of Section 5.24.060; provided, that advance wri tten notice is given to the Fire Chief no later than June 27th. (Ord. 18-12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 4-97 § 2; Ord. 10 § 8, 1982) 5.24.090 Fireworks stands—Requirements. All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand and sales from any other building or structure is prohibited. Temporary stands shall be subject to the following provisions: A. No fireworks stand shall be located within twenty -five (25) feet of any other building nor within one hundred (100) feet of a gasoline pump; B. Each stand in excess of twenty-four (24) feet in length must have at least two (2) exits; and each stand in excess of forty (40) feet in length must have at least three (3) exits spaced approximately equidistant apart; providing, however, that in no case shall the distance between exits exceed twenty-four (24) feet; C. Permittee shall provide each stand with one (1) two -and-one-half (2 1/2) gallon water fire extinguisher suitable for class A fires. The extinguishers shall be serviced and tagged by a licensed State Fire Marshal’s authorized technician within the past year and be easily accessible for use in case of fire and approved as to type by the Fire Chief and conforming to the provisions of this code. (Ord. 18-12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 10 § 9, 1982) 5.24.100 General requirements for permittees. A. All weeds and combustible material shall be cleared from the location of the stand including a distance of at least twenty (20) feet surrounding the stand. B. “No smoking” signs shall be prominently displayed on the fireworks stand. C. The sale of fireworks shall not (1) be made to any person under the age of eighteen (18), (2) begin before twelve p.m. (12:00 p.m.) on the twenty-eighth day of June of each year nor continue after twelve p.m. (12:00 p.m.) on the 5th of July each year. D. An information brochure concerning instructions as to the use of safe and sane fireworks and the hazards attendant with their use by minors shall be furnished each purchaser by the permittee. No fireworks, or other explosives of any nature, shall be discharged upon the premises or lot upon which a fireworks stand is located. E. For any stands permitted to sell fireworks during any period from June 28th through July 5th, all unsold stock and accompanying litter shall be removed from the location of the stand by five p.m. (5:00 p.m.) on the fifth day of July, and the fireworks stand shall be removed from the location no later than five p.m. (5:00 p.m.) on the eighth day of July. (Ord. 18-12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 21-99 §§ 2, 3; Ord. 2-99 § 2; Ord. 2-89 § 1 (c); Ord. 12 § 1, 1982; Ord. 10 § 10, 1982) 426 Dublin Municipal Code Chapter 5.24 FIREWORKS* Attachment 3 Page 5/6 5.24.110 Temporary sales tax permit required. Organizations licensed for the selling of fireworks are required to obtain a temporary sales tax permit from the Regional Office of the State Board of Equalization. (Ord. 18-12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 10 § 11, 1982) 5.24.120 Permit display required. The permit to sell fireworks and temporary sales tax permit shall be displayed in a prominent place in the fireworks stand. (Ord. 18-12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 10 § 12, 1982) 5.24.130 Seizure of fireworks. The Fire Chief shall have the authority to seize, take, remove, or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored, or held in violation of this chapter. (Ord. 18 - 12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 10 § 14, 1982) 5.24.140 Use of fireworks. No person shall use safe and sane fireworks except on private property with property owner permission and at designated City parks on July 4 during designated times as established by the City. Fireworks other than safe and sane fireworks, including but not limited to dangerous fireworks as defined in Section 5.24.020, are prohibited. Except as permitted by the City, it is unlawful for any person, corporation, or entity to possess, store, display, offer for sale, expose for sale, sell at retail or wholesale, use, discharge, or explode, or allow the use on their property or property under their control, any fireworks except safe and sane fireworks. For purposes of this section, “possess” means actual possession, constructive possession, or joint possession. 5.24.150 Social host liability. Any social host shall be strictly liable for any unlawful ignition, use, discharge or display of any dangerous fireworks, or safe and sane fireworks in violation of this code, at their property , gathering, or on any adjacent public or private right-of-way. A. It is unlawful for a host to allow a parcel of property that the host owns, possesses, or controls to be used in a manner prohibited by Section 5.24.140, whether the violation is caused by the host or by any other person. B. A host is strictly liable for any violation of Section 5.24.140 that occurs during a gathering on property that the host owns, possesses, or controls, or in the public right -of-way immediately adjacent to the parcel of property that the host owns, possesses, or controls. C. Notwithstanding the prohibitions in subsections A and B of this section, the provisions of this section shall not apply to a host who initiates contact with law enforcement or fire officials to assist in removing any person from the property or terminating the activity in order 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. 5.24.160 Violation—Penalty. A. Persons violating this chapter shall be deemed guilty of an infraction, and, upon conviction, shall be punished as provided in Section 36900(b) of the Government Code, or its successor statute. (Ord. 18 -12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 6-02 § 1: Ord. 10 § 15, 1982) B. In addition to any other remedies authorized by law, violations of this chapter may be enforced through the administrative citation procedures set forth in Chapter 1.06 of this code. Any enforcement officer authorized under Chapter 1.06 may issue an administrative citation to any responsible person who violates this chapter, including any social host, property owner, tenant, occupant, or other responsible person who 427 Dublin Municipal Code Chapter 5.24 FIREWORKS* Attachment 3 Page 6/6 causes, permits, or allows a violation of this chapter to occur on property under their ownership, possession, or control. C. The remedies provided in this section are cumulative and not exclusive. Nothing in this chapter shall limit the City’s ability to pursue any other remedy available under this code or under state law, including but not limited to civil, administrative, or c riminal enforcement. 5.24.1740 Supplement to state statutes. The provisions of this chapter shall supplement and be construed in harmony with the State Fireworks Law (Part 2, Division 11 of the Health and Safety Code of the state of California) and other applicable provisions of the laws of the state of California. (Ord. 18-12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 10 § 13, 1982) 5.24.150 Violation—Penalty. Persons violating this chapter shall be deemed guilty of an infraction, and, upon conviction, shall be punished as provided in Section 36900(b) of the Government Code, or its successor statute. (Ord. 18 -12 § 1 (part): Ord. 1-12 § 1 (part): Ord. 6-02 § 1: Ord. 10 § 15, 1982) 428 Attachment 4 Added March 23, 2026 429 430 431 432 Introduction of an Ordinance Amending Chapter 5.24 (Fireworks) of the Dublin Municipal Code March 24, 2026 433 Background •1982 –allowed sale of safe and sane fireworks •Dublin Municipal Code (DMC) Chapter 5.24 (Fireworks): •Prohibits illegal fireworks •Allows use of safe and sane fireworks •Permits sale of safe and sane fireworks •Establishes permitting for display and use •Sets safety requirements •Sets penalties for violations of the code 434 Proposed Amendments •January 13, 2026 City Council Meeting -Council requested amendments to Chapter 5.24: •Define and address use of illegal and safe and sane fireworks •Create social host liability •Utilization of administrative citations for violation of code •Staff reviewed neighboring jurisdictions fireworks social host ordinances, addressing property owner liability •Recommend no amendments to Chapter 5.94 (Social Host Ordinance) •Social host liability incorporated into Chapter 5.24 (Fireworks) 435 Proposed Amendments, 2 •Section 5.24.010 (Amendment) •Adds “Social Host” definition •Section 5.24.030 (Amendment) •Removes language providing exceptions for productions •Section 5.24.040 addresses public display permitting requirements •Section 5.24.070 (Amendment) •Removes deposit amount and ties to Master Fee Schedule •Section 5.24.080 (Amendment) •Consolidates language •Clarifies current practice allowing volunteer support 436 Proposed Amendments, 3 •Section 5.24.140 (New) •Defines permitted use of fireworks in Dublin •Section 5.24.150 (New) •Adds social host liability provisions •Section 5.24.160 (Amendment) •Clarifies penalties for violations, including use of administrative citations 437 Procedural Changes •Fireworks booth application process update -2026 •Requires applicants to report previous year revenues and expenditures •Application period opened in March 2026 •City Council Request –equitable placement of nonprofits at higher-traffic booths: •City not involved in current process •City involvement would be significant shift in process •Not recommending City involvement in this process 438 Next Steps •If amendments are adopted, Staff will: •Incorporate revisions into DMC Chapter 5.24 •Update internal procedures •Conduct outreach to nonprofits •Update forms and website content to inform residents and nonprofits 439 Recommendation Waive the reading and introduce the Ordinance Approving Amendments to Dublin Municipal Code Chapter 5.24 (Fireworks) Questions? 440