Ordinance No. 2023-05 | Amendment to Host Liability for Illegal Fireworks and Illegal Use of Legal Fireworks | Adopted 05/15/2023
ORDINANCE NO. 2023-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING SECTIONS 10A.15 (a) AND (c) TO THE GILROY CITY CODE
RELATING TO 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, a nd
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, 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, Sections 10A.15 (a) and (c) do not currently address host liability for
possession, ignition, explosion, discharge, use, evidence of use or display of any illegal
fireworks on the public street adjacent to the occupant’s private real property; and
WHEREAS, the City has experienced an increased use of illegal fireworks around
the 4th of July period each year and wishes to strengthen the ordinance to reduce the
likelihood of injuries or property damage as a result of these illegal fireworks; and
WHEREAS, the City desires to amend the “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 the
public street adjacent to their property; and
WHEREAS, the City Council finds that holding property owners r esponsible for
illegal firework use is necessary to protect the health, safety, and welfare of the public;
and
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, safet y, and welfare of the public.
Ordinance No. 2023-05
Amendment to Host Liability for Illegal Fireworks and Illegal Use of Legal Fireworks
City Council Regular Meeting | May 15, 2023
Page 2 of 4
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
The foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION II
Section 10A.15 (a) of the Gilroy City Code is are hereby amended to read as follows:
10A.15 Host liability.
(a) The term “host” in this Section shall mean 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, allows, organizes, supervises, officiates, conducts, or
accepts responsibility for a gathering on public or private property.
(4) Any occupant of any private residential or nonresidential real property in the
city who hosts, allows, organizes, supervises, officiates, conducts, or accepts
responsibility for a gathering on private property that results in a violatio n of
this chapter on the public street adjacent to the occupant’s private real
property.
(5) 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
prerequisite to a finding that any specific individual is a responsible host as
defined by this section.
Section 10A.15 (c) of the Gilroy City Code is are hereby amended to read as follows:
(c) Any host shall be strictly liable for any unlawful possession, ignition, explosion,
discharge, use, evidence of use, or display of any fireworks in violation of this
chapter on their property, the public street adjacent to 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
Ordinance No. 2023-05
Amendment to Host Liability for Illegal Fireworks and Illegal Use of Legal Fireworks
City Council Regular Meeting | May 15, 2023
Page 3 of 4
of the property unless the person hosts, organizes, supervises, officiates,
conducts, or accepts responsibility for a gathering at which the violation occurs.
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 of 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 phrases 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.
Ordinance No. 2023-05
Amendment to Host Liability for Illegal Fireworks and Illegal Use of Legal Fireworks
City Council Regular Meeting | May 15, 2023
Page 4 of 4
INTRODUCED on the 1st day of May 2023, PASSED AND ADOPTED by the City
Council of the City of Gilroy at a regular meeting duly held on the 15th day of May 2023
by the following roll call vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, CLINE,
HILTON, 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
Marie Blankley (May 16, 2023 17:08 PDT)
Marie Blankley
CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2023-05 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, May 15, 2023, 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, May 15, 2023.
____________________________________
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
(Seal)