In general, ordinary citizens of Milpitas may not hold fireworks displays within city limits.
Please keep our neighborhoods safe and quiet by obeying laws regarding fireworks.
XI-10-15.04 – Definitions
C. The Director or designee may condition any permit issued pursuant to this Section with reasonable requirements concerning the time, place or manner of holding the Special Event as is necessary to coordinate multiple uses of public property, assure preservation of public property and public spaces; prevent dangerous, unlawful or prohibited uses, protect the safety of persons and property and to control vehicular and pedestrian traffic in and around the venue, provided that such requirements shall not be imposed in a manner that will unreasonably restrict expressive or other activity protected by the California or United States Constitutions. Conditions may include, but are not limited to, the following:
10. Use of fireworks, pyrotechnics, or equipment or materials that create substantial risk of damage to City property
23. “Special Event” means an outdoor event that consists of any of the following:
c) An activity or event on a public right-of-way, plaza, paseo, park or private property which involves:
ii. The use of live animals, fireworks, pyrotechnics, electrical power and/or cabling, or equipment or materials that can create a risk of damage to public or private property or injury to persons.
Section 5601.1.3 of the California Fire Code 2019 Edition, is amended to read in its entirety as follows:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks, including those fireworks classified as Safe and Sane by the California State Fire Marshal, are prohibited.
The possession, manufacture, storage, sale, handling and use of fireworks are prohibited.
Exceptions:
- Storage and handling of fireworks as allowed in Section 5604.
- Manufacture, assembly and testing of fireworks as allowed in Section 5605 and Health and Safety Code Division 11.
- The use of fireworks for fireworks displays pyrotechnics before a proximate audience and pyrotechnic special effects in motion pictures, television, theatrical or group entertainment productions as allowed in Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 and Health and Safety Code Division 11.
- The possession, storage, sale, handling and use of specific types of Division 1.4G fireworks where allowed by applicable laws, ordinances and regulations, provided that such fireworks and facilities comply with NFPA 1124, CPSC 16 CFR Parts 1500 and 1507, and DOTn 49 CFR Parts 100—185, as applicable for consumer fireworks and Health and Safety Code Division 11.
Exception: The use of fireworks for fireworks displays as allowed in Section 5608 Fireworks Display.
Outdoor fireworks displays, use of pyrotechnics before a proximate audience and pyrotechnic special effects in motion picture, television, theatrical and group entertainment productions shall comply with California Code of Regulations, Title 19, Division 1, Chapter 6 Fireworks and this section.
4th of July in Milpitas
