Assistant City Attorney presents ordinance to ban most fireworks in Oxnard, raise civil fines to $2,000

Assistant City Attorney Elle McCarron presented a proposed Oxnard City ordinance that would prohibit most consumer fireworks within the city, increase the minimum civil fine to $2,000 per occurrence and allow misdemeanor citations for certain violations.

McCarron told the committee that the ordinance package would amend and add sections of chapter 7 of the city code, repeal a prior resolution setting fireworks fines, and create a new article 16 establishing a comprehensive regulatory framework for fireworks, pyrotechnics and production effects in Oxnard. She recommended the committee review the proposal and recommend that the city council introduce the ordinance by title and waive further reading.

"Every year leading up to the Fourth of July holiday, the city receives over 1,000 complaints and requests for services related to the use of fireworks within the city's jurisdiction," McCarron said. She said the measure was prepared by the city attorney's office in consultation with the police and fire departments and the code compliance division to update enforcement provisions permitted by state law.

The ordinance would set out three enforcement pathways: civil citations, misdemeanor charges and infractions. Under the civil pathway, McCarron said the proposed ordinance increases civil citation amounts to $2,000 per occurrence; unpaid final civil citations could be turned over to collections or enforced through small claims. For certain fireworks violations, the city could pursue misdemeanor citations punishable by a fine of up to $1,000 and/or up to six months in jail. Violations of California "safe and sane" fireworks could be charged as an infraction or civil citation carrying a $250 fine per occurrence.

McCarron cited state law and Attorney General guidance as the legal basis for the proposed penalties, saying California Government Code section 53069.4 generally limits civil citation amounts but includes exceptions, and that Health and Safety Code section 12700 (amended in 2023) supports the higher fine level. She also said the city attorney's office would be authorized to prosecute misdemeanors under the city code rather than relying on the district attorney for state-code violations.

The proposed city code language would prohibit selling, storing, transporting, possessing, discharging, igniting or using dangerous fireworks, fireworks kits and California "safe and sane" fireworks unless used in a permitted public display approved by the fire chief or fire marshal and complying with state and local regulations. McCarron listed examples of "dangerous" fireworks cited in the ordinance—bottle and sky rockets, Roman candles, aerial shells, oversized sparklers and devices that move or explode—and said "safe and sane" items are limited to small, static ground-based devices such as spinners and fountains.

McCarron said Oxnard has seen a decline in fireworks calls for service and citations over the past five years and pointed to a chart in the staff report that shows those numbers. "We definitely chalk this up to increased enforcement and more citations and better outreach to the public," she said, adding that the ordinance is intended to continue that downward trend.

The presentation closed with McCarron offering to take questions. The transcript records McCarron's recommendation to the committee but does not record a committee vote; the next formal step would be consideration by the city council if the committee recommends introduction.