To help protect the community from the dangers associated with illegal fireworks, the City of Atascadero has adopted an Illegal Fireworks Social Host Accountability Ordinance. Illegal fireworks increase the risk of wildfires, property damage, injuries, and other public safety concerns. Residents are encouraged to review the Chief of Police informational letter, ordinance, and related FAQs, to better understand the regulations, reporting procedures, and potential penalties related to the possession, use, and discharge of illegal fireworks.
Atascadero Fireworks Social Host Ordinance FAQs
Why did the City adopt a Fireworks Social Host Ordinance?
Illegal fireworks create serious fire, injury, and quality-of-life concerns, especially during high-risk holiday periods like the Fourth of July. The ordinance gives the City an additional enforcement tool to hold responsible parties accountable when illegal fireworks are used at gatherings, parties, or events.
Are fireworks allowed in Atascadero?
No. The City of Atascadero prohibits all fireworks within city limits, including “safe and sane” fireworks. This ordinance reinforces that prohibition and adds specific responsibility for social hosts.
What is a “social host”?
A social host can include a property owner, tenant, renter, permit holder, or any person who hosts, organizes, supervises, or accepts responsibility for a gathering on public or private property.
What does the ordinance require of a social host?
A social host must take reasonable steps to prevent the possession, use, display, explosion, or discharge of fireworks on their property, or on an immediately adjacent street or sidewalk.
Can I be cited if I did not personally light the fireworks?
Yes. The ordinance includes strict liability, meaning a responsible person may be held accountable even if they did not personally light the fireworks, know about them in advance, or intend for them to be used.
What if a minor uses fireworks?
A person who has care, custody, or control of a minor may be held strictly liable for the minor’s violation, even if that person was not present when the violation occurred.
Can spectators be cited?
Yes. It is unlawful to knowingly be present as a spectator during an unauthorized fireworks discharge. A spectator generally includes someone within 200 feet of the fireworks discharge for the purpose of watching or witnessing it.
What are the penalties?
Violations may result in administrative fines of $1,000 per violation, up to $10,000 per calendar day. Violations may also be treated as misdemeanors, public nuisances, or be subject to other civil or administrative enforcement.
Can the City recover response costs?
Yes. In addition to fines or penalties, the City may recover response costs related to law enforcement, fire, emergency services, equipment use or repair, medical treatment for responding personnel, administrative costs, and disposal of seized fireworks.
What if I call law enforcement or fire officials for help?
The ordinance includes an exception for a social host who contacts law enforcement or fire officials for help removing people or dangerous fireworks, or ending the activity, before someone else calls to complain.
Are permitted professional fireworks shows affected?
No. The ordinance does not apply to properly licensed pyrotechnic operators operating with required City permits, or to spectators at those permitted events.
What should residents do before the Fourth of July?
Talk with family, guests, and neighbors ahead of time. Make it clear that fireworks are not allowed at your home, gathering, or event. A little prevention can help protect lives, property, pets, neighborhoods, and emergency responders.
How do I report illegal fireworks?
To report illegal fireworks, call Atascadero Police Dispatch at (805) 461-5051. Call 911 only if there is an immediate threat to life or property, such as a fire, injury, or other emergency. When possible, provide the location and a description of the activity to assist responders.