HomeMy WebLinkAboutItem 5.6 Second Reading Ord Amending Chapter 5.24 Fireworks of the Dublin Municipal Code Agenda Item 5.6
STAFF REPORT
CITY COUNCIL
Page 1 of 2
DATE: April 7, 2026
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT:
Second Reading of 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 adopting an Ordinance amending Chapter 5.24 (Fireworks) of
the Dublin Municipal Code. The City Council waived the first reading and introduced the
Ordinance on March 24, 2026 and is now requested to waive the second reading and adopt
the Ordinance.
STAFF RECOMMENDATION:
Waive the second reading and adopt the Ordinance Approving Amendments to Dublin
Municipal Code Chapter 5.24 (Fireworks).
FINANCIAL IMPACT:
None.
DESCRIPTION:
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 Dublin Municipal
Code (DMC) Chapter 5.24 (Fireworks). 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.
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 DMC Chapter 5.24. At the meeting, the City Council requested
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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.
On March 24, 2026, the City Council received a report on the proposed amendments, waived
the reading, and introduced an ordinance (Attachment 1) to amend Chapter 5.24 of the DMC.
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)
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Attachment 1
Ord. No. XX-26, Item X.X, Adopted 04/07/2026 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, Staff conducted a review of Dublin Municipal Code Chapter 5.24 and surrounding
agencies to determine improvements that align with the City Council’s direction to 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}
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Ord. No. XX-26, Item X.X, Adopted 04/07/2026 Page 2 of 2
PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this 7th
day of April, 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Dublin Municipal Code
Chapter 5.24 FIREWORKS* Attachment 2
Exhibit A to the Ordinance
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)
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Dublin Municipal Code
Chapter 5.24 FIREWORKS* Attachment 2
Exhibit A to the Ordinance
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.
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Dublin Municipal Code
Chapter 5.24 FIREWORKS* Attachment 2
Exhibit A to the Ordinance
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;
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Dublin Municipal Code
Chapter 5.24 FIREWORKS* Attachment 2
Exhibit A to the Ordinance
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.
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Dublin Municipal Code
Chapter 5.24 FIREWORKS* Attachment 2
Exhibit A to the Ordinance
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)
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