Santa Clara County, CA Fire Regulations: Fireworks (2026)

Santa Clara County's fireworks prohibition is one of the strictest in California. Even fireworks classified as 'Safe and Sane' by the California State Fire Marshal under Health & Safety Code 12500 et seq. - which are legal in some California cities - cannot be sold, possessed, stored, or used in unincorporated Santa Clara County. The only city in Santa Clara County that allows Safe and Sane fireworks during a limited window is Gilroy; everywhere else in the county, including all unincorporated areas, fireworks are completely banned. The County amended its ordinance (Ordinance No. NS-300.882, August 26, 2014) to add a 'social host' provision: property owners can be cited for illegal fireworks discharged or stored on their property, even if they are not present, after receiving an initial notification letter. Once notified, owners can also be billed for response costs of County public safety personnel for any subsequent violation. Administrative fines escalate: $350 (first), $700 (second), $1,000 (third). Discharge that causes injury or property damage can be charged as a misdemeanor under California H&S 12700, punishable by up to a $1,000 fine and/or six months in jail. Possession of 'dangerous fireworks' (any non-Safe-and-Sane firework, including aerials and firecrackers) is separately prohibited statewide under H&S 12677. The Santa Clara County Fire Marshal may issue permits for professional/public displays only, after license issuance by the State Fire Marshal.