Agenda Item Wording:
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Ordinance update -Council to review proposed amendments to Visalia Municipal Code Chapter 8.24, Fireworks, to increase fines for use of illegal fireworks, improve enforcement of illegal fireworks, and modify the application process for safe and sane fireworks booth permits. Presentation also includes information on a rewards system specific to the reporting of illegal fireworks use and/or possession.
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Agenda Date: 11/02/2026
Prepared by:
Corbin Reed, Fire Marshal, (559) 713-4272, corbin.reed@visalia.gov
Dan Griswold, Fire Chief, (559) 713-4272, dan.griswold@visalia.gov
Department Recommendation:
Staff recommends the Visalia City Council receive a presentation on proposed amendments to Visalia Municipal Code Section 8.24, “Fireworks,” as summarized in the staff report below and direct staff to return for a first reading of an ordinance to adopt the proposed changes. Additionally, staff recommends not pursuing a rewards system specific to reporting of illegal fireworks possession and/or use.
Summary:
Fire Administration is seeking to update and revise various sections in Chapter 8.24 “Fireworks” of the Visalia Municipal Code (VMC). The proposed amendments are to ensure consistency related to the administrative process for correcting violations and to modify the application process for obtaining a permit for a safe and sane fireworks booths to ensure booth permits are granted to the appropriate eligible organizations. Staff also provides information on potential ordinance modifications to current citation amounts, increasing the reward for reporting sales of illegal fireworks, and on the potential creation of a rewards system specific to reporting individuals responsible for illegal fireworks possession and/or use. A rewards system for reporting illegal fireworks possession/use is not recommended by staff.
Background Discussion:
Following the regular council meeting on July 20, 2026, Fire Administration completed a review of VMC Chapter 8.24, “Fireworks” to add clarifying language, edit for consistency, and to include topics discussed during the June 15th and July 20th meetings.
The following is a summary of staff recommended revisions to VMC Chapter 8.24 to maintain consistency within the ordinance and to ensure permit procedures align with the City’s current practice. The recommended amendments to VMC Chapter 8.24 are:
1. Update to 8.24.010 Definitions:
A. “Dangerous fireworks” - updated to include homemade fireworks and any firework not used in accordance with manufacturer specifications.
B. “Eligible organizations” - During the July 20th, 2026, Council meeting, Council questioned the requirements to be an eligible organization for a temporary fireworks booth permit within the City of Visalia. The current definition for an eligible organization in VMC Chapter 8.24 is:
“Eligible organization means any local nonprofit organization whose principal place of business is located in the city of Visalia and which is exempt from federal income tax pursuant to the provisions of Internal Revenue Code Section 501(C) (3), (4), (6), (7), (8), (10), or (19).
Organizations authorized to sell safe and sane fireworks prior to the effective date of this ordinance, must have their principal place of business located within the boundaries of the Visalia Unified School District.”
The above language has been in place for multiple ordinance revisions dating to before 2010. Currently, when a new applicant requests placement on the waiting list, an address within the City of Visalia must be provided and registered as part of the organization’s nonprofit documentation. However, the current language does not specifically require the organization to provide an address for a physical location within Visalia. As a result, numerous organizations utilize a P.O. Box as their official mailing address.
There are currently 29 organizations on the active booth list. Of the 29 organizations, there are two that do not have a City of Visalia address associated with their non-profit and there are 12 organizations with only a P.O. box noted on their non-profit documentation.
Staff proposes the following modification to the eligible organization definition.
“Eligible organization” - means any local nonprofit organization whose principal place of business is in the city of Visalia and which is exempt from federal income tax pursuant to the provisions of Internal Revenue Code Section 501(C) (3), (4), (6), (7), (8), (10), or (19). Eligible organizations must comply with the policy maintained by City of Visalia Fire Prevention Division requiring satisfactory proof of operation within the City of Visalia city limits.”
Draft department policy language quantifying proof of operation within the City of Visalia states,
“As a condition of eligibility, organizations shall demonstrate that a minimum of fifty-one percent (51%) of the net profit from funds generated by the organization are reinvested in or directly benefit individuals residing or attending a school located within the incorporated city limits of Visalia or organizations and entities physically located within those city limits. Qualifying benefits may include monetary contributions, expenditures for community programs or services, and documented in-kind contributions or services.
A copy of the entire eligible organizations policy is included as an attachment to this staff report.
C. “Safe and sane fireworks” means any fireworks which are listed and approved by the California State Fire Marshals Office.
2. Updates to 8.24.020 Permits:
A. This section was updated to clarify the waiting list process, bring it into line with current Fire Department processes, and remove the $25 deposit.
3. Updates to 8.24.030 Applications for pyrotechnic public display permits:
A. This section was updated to require compliance with Fire Department policies and standards and ensure the appropriate documentation is on-site of all fireworks shows.
4. Updates to 8.24.035 applications for permit to sell safe and sane fireworks:
A. This section was updated with minor verbiage changes.
5. 8.24.040 Permits for pyrotechnic displays:
A. Removed as duplicate language.
6. Updated to 8.24.050 Permits for retailers of safe and sane fireworks:
A. General updates throughout section recommended including removal of duplicated language provided in other sections.
B. Removed required safety meeting attendance.
7. Updates to 8.24.060 Regulations:
A. Removal of duplicated language covered in other sections.
B. Updated language to include “storage,” clarifying storage is only allowed in commercial/industrial zoned areas.
C. Proposed re-inspection fee
• Booth inspections are a time-consuming process when booth organizers are not prepared for inspection as required by 8.24.060(Q). This section states, “Booth inspections will be performed on June 29th or July 1st beginning at 8:00 am. Applicant will select which day inspection is to take place and shall be prepared for inspection at 8:00 am on selected date.” Staff is recommending implementation of the $82.00 re-inspection fee approved in the rates and fees schedule published by the Finance Division. This fee will only impact a few organizations per year that tend to be habitual offenders. Most organizations are prepared for inspections at the time Prevention Staff arrive for their initial inspection. The goal of implementing this fee is to encourage organizations to be prepared for their scheduled inspection eliminating the need for Fire Prevention personnel to revisit the site for reinspection.
8. Updates to 8.24.070 fireworks stand construction:
A. Change section title to “8.24.070 Fireworks stand and on-site storage construction and placement.”
B. Consolidated all fireworks stand and storage, construction and placement requirements into one section to provide clarity to applicants and inspection staff.
C. Updated requirements to conform to current Fire Department policies.
9. 8.24.075 Storage of safe and sane fireworks:
A. Clarified storage placement allowances.
B. Added language requiring approval from authority having jurisdiction if storage location is not within the City of Visalia.
10. 8.24.090 Appeal of decision on permit for retailers of safe and sane fireworks:
A. Updated section to be consistent with other sections of the ordinance.
B.
11. 8.24.100 Purpose
A. Removed weight limits for ordinance applicability as they do not align with current processes.
B. Added language requiring fireworks be transported by the Office of the State Fire Marshal prior to any fee reimbursement.
12. 8.24.110 Issuance of administrative citations:
A. Updated language to reflect citations are issued by Fire Department staff and not Code Enforcement.
13. 8.24.120 Administrative fines:
A. Increased all citation amounts by $1,000 per Council’s direction.
B. Clarified that a separate offence may occur on the same day.
14. 8.24.130 Right to an administrative hearing:
A. Updated language requires appeals be filed with the Fire Department instead of Code Enforcement.
15. 8.24.150 Administrative hearing - mitigating factors:
A. Add exception to Mitigating Factors Eligibility for Repeat Violations
• Property owners shall be ineligible for consideration of mitigating factors if a citation for an illegal firework activity has previously been issued at the same property address in any prior year. All property owners shall be provided with a warning notice informing them that illegal activity has occurred at their property, regardless of whether another responsible party is identified or accepts responsibility for the initial citation.
• If a subsequent citation is issued for a violation occurring at the same property address after the warning notice has been provided, the property owner shall also be held responsible for allowing the violation to continue, and a separate citation shall be issued to the property owner.
Rewards for Sales and Use
During the June 15th meeting, Council requested staff to update the reward for reporting illegal fireworks sales. The current reward system provides a $500 reward for providing information leading to the citation or arrest of individuals selling illegal fireworks within the City of Visalia. Staff recommends increasing this reward to $1,000. City staff has given one reward for reporting the sale of illegal fireworks since its implementation in 2021.
Council also requested staff research a process for providing a reward to individuals who report the use of illegal fireworks. Staff is not recommending a reward system specific to reporting the use of illegal fireworks. Difficulties associated with a reward for reporting the use include:
• The reporting party must agree to attend and testify to the authenticity of the evidence during any subsequent administrative appeal hearing(s).
• The citation may be vacated through the course or appeal.
• The responsible party’s identity may be difficult to verify conclusively.
• Video evidence will be required during the submission process and
the Fire Department does not currently have a process to accept or store large amounts of video from the public.
• May result in significant neighbor disputes.
• Considerable amount of staff time required to process each complaint.
o Processing video submitted as evidence.
o Analyzing metadata.
o Verifying date and time.
o Ensuring video is not AI generated.
Rewards granted would be financial liability to the City as the citation collection process is not always immediate and it is not guaranteed that reward-offsetting citation amounts will be fully recovered through the collection process. Over the last five years there has been $817,100 in citations issued, of that amount, staff is estimating that $415,114 was collected, $96,695 was removed due to various reasons including appeals, errors, and collections, leaving a total of $305,291 outstanding. This low collection rate can be attributed to:
• Properties change ownership prior to the secure tax roll process
• Citations issued to violators/property owners being overturned on appeal
• Low return rate on citations sent to collections agency
A reward for reporting the use of illegal fireworks could result in considerable liability depending on the success of the program. Citations issued through this process would be issued directly to property owners as staff would have no way of identifying tenants/individuals captured on video who were responsible for the illegal fireworks use. If, for example, the reward was set at $1,000, and staff received fifty (50) valid reports leading to a citation issuance, this would result in $50,000 in reward issuance with no guarantee that the reward money will ever be recovered through the current collection process.
For these reasons, staff is not recommending a reward for reporting the use of illegal fireworks. Were Council to choose to move forward with a reward system, a documented process will be developed and maintained by the Fire Prevention Division outlining eligibility requirements, minimum evidence submission requirements and financial documentation requirements for the rewards system. A process will also be created in collaboration with the City’s Information Services division to collect all necessary information including video evidence. This information will be processed after the illegal fireworks patrol period has ended and is expected to require considerable staff time depending on how popular the illegal fireworks use rewards system becomes.
Fiscal impact including annual maintenance and operating costs:
The increase to the illegal fireworks citation amounts has the potential to increase revenue collected for successful citations. Increasing the reward for reporting the sale of illegal fireworks adds minimal financial exposure to the City. A reward for reporting the use of illegal fireworks could cause financial liability for the City for the reasons stated within the staff report.
Prior Council Action:
At the June 15, 2026 council meeting, Council requested an increase to the citation amount specific to illegal fireworks use and possession, increased reward for reporting illegal fireworks sales, and the creation of a rewards system specific to use and/or possession of illegal fireworks. During the July 20th, 2026 council meeting Council questioned the eligibility requirements for a non-profit organization to obtain a temporary permit for fireworks sales within the City of Visalia.
Alternatives:
The City Council may, in lieu of the recommended motion, direct staff to modify any of the proposed amendments to Visalia Municipal Code Chapter 8.24 or the recommended increases to both the citation amounts for use of illegal fireworks and the reward for sales of illegal fireworks. Council may also direct staff to return with a proposed rewards system for reporting the use and/or possession of illegal fireworks.
Recommended Motion (and alternative motions if expected):
recommendation
I move to direct staff to return with Visalia Municipal Code Chapter 8.24 for a first reading and approve the proposed increase to the reward specific to reporting illegal fireworks sales to $1,000.
Environmental Assessment Status:
N/A
California Environmental Quality Act (CEQA) Review:
N/A
Deadline for Action: 11/02/2026
Attachments:
VMC 8.24 update PowerPoint, Eligible Organizations Policy
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Select all that apply.
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