Atascadero adopts urgency social-host ordinance to curb illegal fireworks

The Atascadero City Council on Monday adopted an urgency ordinance making social hosts strictly liable for illegal fireworks discharged at gatherings they sponsor, raising penalties and allowing the city to seek reimbursement for response costs.

Police Chief Dan Settles told the council the city’s existing fireworks prohibition is difficult to enforce because officers rarely witness the person who ignites a firework. "Strictly liable means liability for a wrongful act regardless of such person's intent, knowledge, negligence, or lack thereof," Settles read aloud when explaining the proposed rule that would hold hosts responsible if fireworks are set off at their event.

The ordinance increases the penalty the council described as insufficient under the current code — from a $100 fine to a proposed $1,000 administrative fine per violation and up to 10 violations per day (a statutory maximum of $10,000 a day was noted in the staff presentation). Settles said the draft also includes a provision allowing the city to recover full response costs, including personnel, medical treatment for injured first responders, equipment repair and disposal of illegal fireworks.

Council members questioned enforcement mechanics and fairness. Council member Peake asked whether the "10 violations in a day" limit would mean separate fireworks incidents or separate police calls; the police chief said the count would register distinct fireworks incidents and that investigators would document the number when possible. Several members raised concerns about the ordinance’s broad spectator definition (which could include people who record incidents on phones) and whether well-intentioned neighbors who document activity might be penalized.

The city prosecutor and city attorney explained there are two enforcement tracks: administrative fines and criminal prosecution. An attorney on staff said a misdemeanor prosecuted in criminal court carries a statutory maximum of $1,000 per violation and that the city also has administrative tools for higher fines and civil cost recovery. The prosecutor emphasized prosecutorial discretion and said staff would generally not file charges that do not further the public-safety goal (for example, a resident who provides video evidence would not be prosecuted).

Supporters from the neighborhood and a community speaker at the meeting urged adoption to prevent dangerous incidents and reduce wildfire risk; one resident pointed to a July incident and a Templeton fire on July 4 as lessons prompting the change. The council moved and seconded the urgency ordinance and voted unanimously to adopt it; staff said the measure will be publicized through social media and local press in advance of New Year’s celebrations.

The council directed staff to return with implementation details and to exercise prosecutorial discretion in marginal cases. The ordinance includes an appeal process for people cited under the new provisions.