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Types of Fireworks
The Seaside Police Department, in partnership with the Seaside Fire Department, has formulated an operations plan for illegal firework suppression beginning in May and continuing through July. The operation will focus on public education, and the safety of citizens, visitors, and property from use of illegal fireworks.
Report Illegal Fireworks: 831-718-8777
Violations will be enforced.
SEASIDE HAS A ZERO TOLERANCE POLICY FOR ILLEGAL FIREWORKS
California fireworks laws divide fireworks into two categories: "dangerous fireworks" and "safe and sane" fireworks.
"Dangerous" fireworks are always illegal unless you hold a special display license. These are typically issued only to pyrotechnic operators who put on Fourth of July and other holiday displays.
"Safe and sane" fireworks may be sold, purchased, and used by the general public, but only within very strict parameters. Only licensed retailers can sell "safe and sane" fireworks, and they can only do so from June 28 to July 6 each year.
It is illegal to sell or give dangerous fireworks to anyone under eighteen (18). It is also illegal to sell or give "safe and sane" fireworks to anyone under sixteen (16).
- What are Considered "Safe & Sane"?
- What is Considered "Dangerous" or "Illegal"?
- What are the Penalties?
What is the definition of "safe and sane" fireworks?
"Safe and sane" fireworks may be sold, purchased, and used by the general public, but only within very strict parameters. Only licensed retailers can sell "safe and sane" fireworks, and they can only do so from June 28 to July 6 each year.
California Health and Safety Code 12529 HS defines "safe and sane" fireworks as any fireworks that haven't been classified as "dangerous" or "exempt".12 These fireworks typically comply with California's fireworks laws.
However, California Health and Safety Code 12599 states that even "safe and sane" fireworks may only be sold by at a "fixed place of business"13 by persons holding retail sales licenses from 12pm (noon) on June 28 until 12pm (noon) July 6 each year--except where local ordinances are more restrictive.14
The exceptions to this rule are "party poppers" and "snap caps", which are in a category of their own. Under California fireworks laws, these items may be sold year round.
All "safe and sane" fireworks must display a "State of California, State Fire Marshall Registered Fireworks" seal. If they do not, they are illegal fireworks in California.
And with respect to using "safe and sane" fireworks without committing a California fireworks crime, the best advice is to contact Seasdie Fire Department to inquire about any specific questions.
What are considered "Dangerous" Fireworks in California?
"Dangerous" Fireworks
California Health and Safety Code 12511 PC defines "fireworks" generally as "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."
Examples of "dangerous" fireworks include (but are not limited to):
- fireworks that contain arsenic sulfide or arsenites, most chlorates, magnesium, most phosphorous, zirconium, or many other chemicals,
- firecrackers, skyrockets, rockets, and sparklers larger than ten inches in length or one-quarter inch in diameter, and
- any other fireworks that the State Fire Marshal has declared "unsafe for use by any person not specifically qualified or trained in the use of fireworks".
Fireworks include (but are not limited to), devices designated by the manufacturer as
- fireworks,
- torpedoes,
- skyrockets,
- roman candles,
- rockets,
- daygo bombs,
- sparklers,
- party poppers,
- paper caps,
- chasers,
- fountains,
- smoke sparks,
- aerial bombs, and
- fireworks kits.
| What are the penalties for having illegal fireworks? | |
|---|---|
Different from in the past, the City’s enforcement of fireworks is much stronger. In 2018, the City Council raised the fine to $2,500 per citiation if you are caught or suspected of using, or having illegal fireworks. |
Now, along with issuing criminal citations for dangerous fireworks violations our officers will also be issuing administrative citations to violators. You, as a Seaside property owner need to be aware of City of Seaside Ordinance 8.32 which states that as a “Responsible Person” (you) may be held liable and issued an administrative citation for Dangerous Fireworks violations occurring on your property, along with any person who actually possessed or used the dangerous fireworks. The Administrative fine is $2,500.00 for each occurrence.
If you own property in Seaside occupied by persons other than yourself, we are asking that you contact your tenants and warn them against using or possessing dangerous fireworks. Otherwise, you may be liable for the $2,500 citation.