Ordinance No. 2022-03 | Host Liability for Illegal Fireworks | Adopted 04/04/2022ORDINANCE NO. 2022-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY ADDING GILROY CITY CODE SECTIONS
10A.15 THROUGH 10A.18 TO CHAPTER 10A TO CREATE
AND ENFORCE A HOST LIABILITY FOR ILLEGAL
FIREWORKS AND ILLEGAL USE OF LEGAL
FIREWORKS
WHEREAS, the City of Gilroy (City) may adopt regulations to protect the health, safety,
and welfare of the public under California Constitution Article XI, Section 7, and California
Government Code Section 37100, and thereby is authorized to declare what use or condition
constitutes a public nuisance; and
WHEREAS, the City has the authority under California Government Code Section
53069.4 to issue administrative citations for violations of the City’s ordinances; and
WHEREAS, the City is authorized to regulate or prohibit the sale, use, or discharge of
fireworks pursuant to California Health and Safety Code Section 12511; and
WHEREAS, pursuant to Chapter 10A, entitled Fireworks, of the Gilroy City Code (City
Code), the City currently prohibits the sale, possession and use of “dangerous fireworks” as
defined by state law, within the City and permits the discharge of safe and sane fireworks, as
defined by state law, within the City only during the hours between 12:00 AM July 1st and 12:00
AM July 5th; and
WHEREAS, the City periodically reviews its ordinances to ensure that they are achieving
their aims, while continuing to adhere to legal requirements; and
WHEREAS, the City Council of the City of Gilroy finds that the aims of City Code
Chapter 10A would be better achieved by penalizing not only those individuals who use fireworks
in violation of the City Code, but also those individuals who allow such illegal use on property
that they either own or control; and
WHEREAS, Chapter 10A of the City Code does not currently include a fireworks “host
liability” provision; and
WHEREAS, the City has experienced an increased use of illegal fireworks around the 4th
of July celebrations each year and wishes to implement an ordinance to reduce the likelihood of
injuries or property damage as a result of these illegal fireworks; and
WHEREAS, the City desires to implement a new “host liability” regulation in order to
ensure those who have possession of a residence or other property are held legally responsible for
dangerous illegal firework possession and use on that property; and
WHEREAS, the City Council finds that holding property owners responsible for illegal
firework use is necessary to protect the public health, safety, and welfare; and
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Ordinance No. 2022-03
Host Liability for Illegal Fireworks
City Council Regular Meeting | April 4, 2022
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WHEREAS, the City Council desires to amend and update its City Code to reflect the
current needs of the City, and to ensure the health, safety, and welfare of the public.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
The forgoing recitals are true and correct and are incorporated herein by this reference.
SECTION II
Sections 10A.15 through 10A.18 are hereby added to the Gilroy City Code to read as follows:
10A.15 Host liability.
A. The term “host” in this Section shall mean any of the following:
1. An owner of any private residential or non-residential real property in the City; 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; or
3. Any person who hosts, organizes, supervises, officiates, conducts, or accepts
responsibility for a gathering on public or private property.
4. A person need not be present at the property or any such gathering resulting in the
response giving rise to the imposition of civil fines or civil fees for response costs. Prior
knowledge of the illegal use of fireworks is not a pre-requisite to a finding that any
specific individual is a responsible host as defined by this section.
B. The term “strictly liable” in this Section shall mean liability for a wrongful act regardless of a
person's intent, knowledge, negligence, or lack thereof in committing the wrongful act.
C. Any host shall be strictly liable for any unlawful ignition, explosion, discharge, use, or display
of any fireworks in violation of this Chapter on their property or at their gathering, except that
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 a violation of this
Chapter occurring in the common area of the property unless the person hosts, organizes,
supervises, officiates, conducts, or accepts responsibility for a gathering at which the violation
occurs.
D. Any person having the care, custody, or control of a minor shall be strictly liable for any
unlawful ignition, explosion, discharge, use, or display of fireworks by the minor in violation
of this section.
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Ordinance No. 2022-03
Host Liability for Illegal Fireworks
City Council Regular Meeting | April 4, 2022
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E. Except as provided below in subsection F, no host shall permit or allow another person on
private property, or at a gathering on public property, where the host knows or reasonably
should know that the person is engaged in a violation of this Chapter.
F. The provisions of this Section shall not apply to:
1. Conduct involving display, use, or discharge of fireworks as permitted under federal or
state law;
2. A host who initiates contact with law enforcement or fire officials to assist in removing
any person from the property or gathering 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.
G. Penalties for any person cited under this section 10A.15 are exclusively set forth in sections
10A.16 through 10A.18. Section 10A.14 shall not apply to liability arising under the provisions
of this this section 10A.15 or for violation of this section 10A.15.
10A.16 Administrative penalties.
Any enforcement officer of the city, at his or her discretion, may issue an administrative citation
for a violation of section 10A.15. There is no requirement of a first warning in order for the
enforcement officer to issue this citation.
A. Administrative Penalties. A first violation of this section shall result in a citation with a
thousand-dollar ($1,000.00) penalty. A second or subsequent violations shall result in a citation
with a two thousand-dollar ($2,000.00) penalty.
B. The police shall give notice of a violation of this section by issuing an administrative citation
to any and all persons identified by the enforcement officer within thirty (30) days of the
violation. The administrative citation shall also give notice of the right to request an
administrative hearing to challenge the validity of the administrative citation and the time for
requesting that hearing pursuant to section 10A.18 below.
C. The administrative penalty prescribed in subsection A is in addition to any administrative cost
recovery fee for public safety responses that may be assessed pursuant to section 10A.17
below.
D. In the event that the person who is in violation of this section is a juvenile, then the juvenile
and the parents or guardians of that juvenile will be jointly and severally liable for the
administrative penalty.
10A.17 Administrative cost recovery fees for public safety responses.
A. In addition to any administrative penalty imposed for violation of section 10A.15, when any
violation occurs on private property and an enforcement officer at the scene determines that
there is a threat to the public peace, health, safety or general welfare, the public safety officer
shall give to the person(s) responsible warning that a second or follow up violation of this
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Ordinance No. 2022-03
Host Liability for Illegal Fireworks
City Council Regular Meeting | April 4, 2022
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section on the same date or on any later date will result in his/her/their liability for the cost of
providing public safety services (i.e., fire, ambulance, police, and other emergency providers)
hereinafter “administrative cost recovery fees.”)
B. The requirement of a first warning does not limit the ability of the enforcement officer to issue
an administrative citation, or for the imposition of administrative cost recovery fees on the
same day that the warning is given if the warning does not end the violations. The
administrative cost recovery fees shall be separate and distinct from an administrative citation
and penalty a violation described in section 10A.16 above.
1. The amount of administrative cost recovery fees includes but is not limited to tho se
costs set forth below, but shall not exceed five hundred dollars ($500.00) per incident;
2. The portion of the cost of salaries and benefits of law enforcement, fire or other
emergency response personnel for the amount of time spent responding to, remaining
at, or otherwise dealing with the illegal fireworks use, and the administrative costs
attributable to such response(s);
3. The cost of any medical treatment to or for any law enforcement, fire or other
emergency response personnel injured responding to, remaining at or leaving the scene
of illegal fireworks use; and
4. The cost of the use of any city equipment or property, and the cost of repairing any city
equipment or property damaged, in responding to, remaining at or leaving the scene of
illegal fireworks use.
C. In the event that the person who is in violation of this section is a juvenile, then the juvenile
and the parents or guardians of that juvenile will be jointly and severally liable for the
imposition of administrative cost recovery fees.
D. Administrative cost recovery fees will not be imposed in those situations where the responsible
host calls for emergency services for an actual emergency at the premises.
10A.18 Hearings on the imposition of administrative penalty and/or imposition of
administrative cost recovery fees; appeals.
A. Any person subject to an administrative penalty pursuant to section 10A.16, or subject to an
administrative cost recovery fees pursuant to section 10A.17, shall have the right to request an
administrative hearing within thirty (30) days of the issuance of an administrative citation for
a violation of section 10A.15 and/or the imposition of administrative cost recovery fees as
specified in this chapter, pursuant to Gilroy City Code Chapter 6A, Article II, section 6A.11
through 6A.23.
B. To request such a hearing, the person requesting the hearing shall notify the city clerk in writing
within thirty (30) days of the issuance of the administrative citation and/or imposition of
administrative cost recovery fees, pursuant to section 6A.16 of the City Code.
C. The hearing procedure shall be as set forth in section 6A.17 of the City Code.
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Ordinance No. 2022-03
Host Liability for Illegal Fireworks
City Council Regular Meeting | April 4, 2022
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D. Any person aggrieved by an administrative decision of the hearing officer may obtain review
of the administrative decision by filing a petition for review with the Superior Court in Santa
Clara County in accordance with the time lines and provisions set forth in California
Government Code Section 53069.4.
E. Notwithstanding the provisions of Chapter 6A.20, the amount of an administrative penalty
and/or administrative cost recovery fees, shall be deemed a debt owed to the city by any person
found in violation of section 10A.15 and penalized as identified in section 10A.16 and/or
section 10A.17 and, if that person is a juvenile, then also his/her parents or guardians. Any
person owing such administrative penalties and/or administrative cost recovery fees shall be
liable in an action brought in the name of the city for recovery of such administrative penalty
and/or administrative fees. These recovery costs may include reasonable attorney fees incurred
in the action.
SECTION III
Except as set forth in this Ordinance, all other provisions of the Gilroy Charter and City Code shall
remain in full force and effect.
SECTION IV
This Ordinance is not intended to and shall not be construed or given effect in a manner that
imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons
and property within or without the City, so as to provide a basis of civil liability for damages,
except as otherwise imposed by law.
SECTION V
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed
and adopted this ordinance, and each section, subsection, sentence, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases
may be declared invalid or unconstitutional.
SECTION VI
This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk is hereby
directed to publish this Ordinance or a summary thereof pursuant to Government Code Section
36933.
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Ordinance No. 2022-03
Host Liability for Illegal Fireworks
City Council Regular Meeting | April 4, 2022
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PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 4th
day of April, 2022 by the following vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, HILTON,
LEROE-MUÑOZ, MARQUES, TOVAR,
BLANKLEY
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
APPROVED:
Marie Blankley, Mayor
ATTEST:
Thai Nam Pham, City Clerk
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CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2022-03 is an original ordinance, or true and correct copy of a city Ordinance,
duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council
held Monday, April 4, 2022, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this Monday, April 4, 2022.
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
Seal)
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