CARLSBAD — The city of Carlsbad is considering tough new penalties for fireworks violations, with daily fines that could quickly reach five figures, as officials look to address wildfire risk, noise and other concerns.
The Carlsbad City Council unanimously voted on March 24 to introduce an ordinance imposing penalties of $1,000 per fireworks-related violation, up to $10,000 per day.
“The primary objective of this ordinance is to enhance public safety by reducing the use of illegal fireworks,” said Lt. Mike Ernst of the Carlsbad Police Department.
The Carlsbad Police Department received 130 reports of disturbances related to fireworks in the past two years, 40% of which were tied to a private residence, according to a city report.
The report stated that the city needs an administrative penalty because, despite state laws prohibiting “the possession or ignition of most fireworks,” enforcement remains challenging due to the fleeting nature of violations, the difficulty of identifying responsible parties, and the limited deterrent effect of traditional misdemeanor prosecutions.
Ernst said the ordinance would create a “clear and enforceable penalty structure,” along with an opportunity for those cited to submit an administrative appeal to preserve due process.
In addition to those selling, possessing, storing or lighting prohibited fireworks, the ordinance would also apply to “social hosts.” Property owners could be cited for violations, as could owners of short-term vacation rentals or renters who host parties.
Following a question from Councilmember Melanie Burkholder about concerns over “double jeopardy” penalties, Ernst said penalties would be issued to the property owner, where the matter becomes a civil issue between the owner and the violator, depending on the specific situation.
Implementation of the ordinance is expected to cost $21,000 for software upgrades, to be paid from the Police Department’s operating budget for the current fiscal year.
The ordinance is scheduled to return to the City Council for adoption at a future meeting.
Mayor Pro Tem Priya Bhat-Patel said she regularly fields calls on or around July 4 regarding fireworks, which she then forwards to the city manager.
“I really appreciate that we’re looking into this and doing it proactively — prior to celebrations this year,” Bhat-Patel said.
Councilmember Kevin Shin, a retired fire captain, said he supported the ordinance in part due to the threat fireworks pose in starting wildfires in the region.
“I’m all for this,” Shin said. “I think we probably should’ve done this way sooner.”
Councilmember Teresa Acosta pointed to aerial drone displays as an alternative to fireworks that are growing in popularity, are more environmentally sensitive, reduce wildfire risk and lessen noise impacts for residents and pets.
“I think they’re really amazing,” Acosta said. “You can do so many more things with the drone light shows than you can do with fireworks. So hopefully there will be more organizations and neighborhoods that are adopting drone shows.”
Similar efforts are underway across North County as cities look to curb illegal fireworks ahead of the Fourth of July holiday. In Oceanside, officials are weighing a new ordinance that could impose fines ranging from $1,000 for a first offense up to $10,000 for violations near schools, parks or critical infrastructure, along with expanded enforcement and public education campaigns.
In Escondido, city leaders have taken a different approach, forming an ad hoc subcommittee to study fireworks-related issues and develop recommendations.
Recent incidents have also underscored the dangers of illegal fireworks. In Oceanside, a 15-year-old boy lost his right hand and suffered severe burns to his chest and face in February when a firecracker detonated while he was holding it, according to authorities.
