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Council rejects immediate fireworks ban but directs research on social‑host rules and drone enforcement
Summary
After a lengthy staff briefing and public debate, the San Bernardino City Council voted to receive and file a fireworks enforcement report and directed staff to draft a social‑host ordinance and a drone‑based enforcement program; a substitute motion to impose a one‑year moratorium on all fireworks failed.
San Bernardino — The City Council on Dec. 3 declined to impose a one‑year moratorium on fireworks sales and use, but unanimously directed staff to pursue new enforcement tools, including a social‑host ordinance that would hold property owners accountable and a drone‑surveillance program to document illegal fireworks activity.
Staff presentation: William Lampe, senior management analyst, summarized state law distinctions between “dangerous” fireworks (prohibited statewide) and “safe and sane” fireworks (permitted only where local law allows). San Bernardino currently allows “safe and sane” use in limited areas from noon July 1 through midnight July 4, with up to 35 nonprofit sellers and a regulatory fee (up to 10% split between supplier and nonprofit). Lampe told council the city typically recoups about $100,000 in sales tax and regulatory fee revenue but spends roughly $211,000 on enforcement; gross sales to nonprofits were estimated at about $400,000 in past years.
Public debate: Dozens of residents and nonprofit representatives urged both sides: nonprofit sellers and faith groups said the fundraising supports food banks and social programs; animal‑welfare advocates and public‑safety speakers urged stricter controls. Speakers cited risks to veterans with PTSD and wildfire danger; others argued a moratorium would not reduce illegal fireworks use but would hurt nonprofits. Fire and police staff told council distinguishing calls for “safe and sane” versus illegal fireworks is difficult in incident investigations.
Votes and outcome: Council voted down a substitute motion to adopt a one‑year moratorium plus immediate drone enforcement and social‑host ordinance (failed 2–4). The council then unanimously voted to receive and file the staff report and directed staff to draft social‑host ordinance language and explore drone enforcement programs for council consideration, with the intent to return with ordinance options in time to inform the March licensing window if possible.
Why it matters: Staff cautioned that making “safe and sane” illegal would expand the definition of illegal behavior and likely increase calls for enforcement while eliminating a modest offsetting revenue stream. Council members emphasized the need for better metrics, targeted enforcement and stronger accountability for sellers and property owners.
Next steps: Staff will return with draft social‑host ordinance language and a drone‑enforcement program that outlines procedures, privacy safeguards and costs. The council asked that staff explore mechanisms to support nonprofits that currently rely on fireworks sales for fundraising.
