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Madera County supervisors advance stricter fireworks ordinance, set second reading for April 8

2835759 · April 1, 2025
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Summary

The Board of Supervisors introduced an ordinance to amend chapter 9.36 of the Madera County Code to tighten rules on illegal fireworks, add property-owner liability, restrict retail permits to local nonprofits and create tiered penalties; the board waived first reading and set a second reading for April 8, 2025 (vote 5-0).

Madera County supervisors on Tuesday introduced and waived the first reading of an ordinance that tightens county rules on fireworks, holds property owners accountable for unlawful use on their land and restricts sales permits to nonprofits headquartered in Madera County. The board voted 5-0 to waive first reading and set a second reading for April 8, 2025.

Sheriff Tyson Pogue, who also serves as the county's emergency services director, told the board illegal fireworks have become "a particular threat in rural and high risk fire communities like ours," and are responsible statewide for structure fires, wildfires, injuries and property damage. He said the ordinance is intended to give deputies and fire personnel “clear, enforceable tools.”

The proposed revisions to chapter 9.36 of the Madera County Code add definitions for “dangerous fireworks” and “safe and sane fireworks,” narrow the geographic scope of prohibitions to state responsibility areas, and set safety requirements for retail stands (30-foot clearance from flammable materials, posted no-smoking signs and on-site fire extinguishers). Permits to sell fireworks will be limited to nonprofit organizations headquartered in Madera County; the county included a grandfather clause allowing current for-profit sellers with valid 2024 permits to continue operating.

The ordinance also changes enforcement by allowing citations to be issued to property owners for violations that occur on their property even if the owner did not personally ignite the fireworks. The draft creates a tiered penalty schedule: first offense $1,000; second offense $5,000; third and subsequent offenses $10,000. Violators may also be held financially responsible for emergency response costs.

Sheriff Pogue said the change to allow owner-liability was the ordinance's "biggest change," noting that identifying a single individual who ignited fireworks is often impractical when many people are present. Supervisor McCauley reiterated that organized, permitted fireworks shows (for example, a professionally managed display at Bass Lake) are not affected; those events still follow CAL FIRE and fire marshal requirements.

The board received brief public comment in support of the revisions from at least one fireworks retailer who said he and other sellers had worked with the sheriff's office during the ordinance drafting.

The board voted unanimously, with a roll call showing affirmative votes from Chair Gonzales, Supervisor McCauley, Supervisor Rogers, Supervisor Poitras and Supervisor Warmhaugh. The county will hold the ordinance's second reading on April 8.