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Downey council adopts urgency ordinance to hold hosts and spectators liable for illegal fireworks
Summary
The City Council unanimously adopted urgency Ordinance No. 26-1545 creating strict liability for social hosts and prohibiting spectators at illegal fireworks events; the code includes exemptions for good‑faith reporters, renters who cooperate and multi‑family residents, and authorizes recovery of emergency response costs.
DowneyCity Council on June 23 adopted an urgency ordinance intended to curb illegal fireworks by making property owners and nearby spectators responsible when unlawful discharges occur on or near their property.
Jim Ekstrand, the city prosecutor, told the council the two related ordinances (one urgency ordinance and one regular ordinance) take a three-pronged approach: define "social host," impose strict liability in many cases, prohibit spectators within 200 feet of a discharge, and permit the city to recover emergency‑response costs. "These ordinances provide for strict liability upon social hosts to in essence be responsible for things that are under their control," Ekstrand said during the presentation.
The ordinance carves out several narrow exemptions: property owners who report illegal activity and assist law enforcement prior to other reports; owners who can show a tenant rented the property and they lacked control or knowledge and provide information about the tenant; and residents of multifamily properties for incidents occurring in common areas unless they were hosting the event.
Enforcement will primarily use administrative citations and fines rather than criminal prosecutions, Ekstrand said, and the code spells out types of recoverable emergency costs (fully burdened officer rates, medical treatment costs, equipment use and damage). The city manager is authorized to adopt regulations that give property owners due-process avenues to challenge cost-recovery bills.
Councilmembers cited resident complaints about fireworks, safety concerns for seniors, veterans with PTSD and animals, and the operational benefits of drone surveillance for detection. The council voted to adopt urgency Ordinance No. 26-1545 unanimously; under the charter, urgency adoption required a four-fifths vote to take immediate effect and the motion passed with unanimous support.
The ordinance will be followed by an administrative process to set fine amounts and a rules document describing how residents may contest billed emergency-response costs. The council directed staff to return with implementation details as needed.
