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Gilroy, CA Fire Regulations: Fireworks (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Sale window
9 a.m. July 1 to 10 p.m. July 4
Permit required
Issued by the fire chief
Permit cap
16 permits per year, nonprofit/youth groups only
Insurance
$2M individual / $5M aggregate liability
General penalty
Misdemeanor, up to $1,000 fine/30 days jail
Host liability citation
$1,000 first offense, $2,000 repeat

Summary

Gilroy allows only permitted 'safe and sane' fireworks sales, and only from 9:00 a.m. July 1 through 10:00 p.m. July 4 each year. Selling without a fire-chief-issued permit or violating the chapter is a misdemeanor punishable by up to a $1,000 fine and 30 days in jail.

§ 10A.1. Sale and use. ... Safe and sane fireworks as defined by Section 12529 of the Health and Safety Code of the State of California may be sold within the City of Gilroy during the period beginning 9:00 am, July 1st, ending at 10:00 pm on July 4th each year pursuant to the provisions of this ordinance and not otherwise. ... ... § 10A.2. Sale of fireworks – Permit. Except as provided herein, no persons shall offer for sale or sell at retail any fireworks of any kind without having first applied for and received a permit issued by authority of the fire chief. ... ... § 10A.14. Penalties. Persons violating this chapter shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine not to exceed one thousand dollars ($1,000), or by imprisonment in the city or county jail for a period not exceeding thirty (30) days, or both such fine and imprisonment.

Full Breakdown

Chapter 10A of the Gilroy City Code lets only 'safe and sane' fireworks, as defined in Health and Safety Code § 12529, be sold in the city, and only during a five-day window each year: beginning 9:00 a.m. on July 1 and ending 10:00 p.m. on July 4 (§ 10A.1). No retailer may sell without a permit from the fire chief (§ 10A.2), and only a nonprofit, public agency, or public-agency-affiliated organization built around student or youth activities, with a permanent Gilroy meeting place, at least 20 members, and at least a year of local operation, may apply (§ 10A.5).

The city caps the market at sixteen permits a year, one per organization unless issued jointly, and each applicant must carry at least $2,000,000 in individual liability coverage and $5,000,000 aggregate naming the city as an additional insured. Stands themselves are regulated down to the footprint: no more than 400 square feet, no closer than 25 feet to a building or 100 feet to a gas pump, cleared of weeds for 50 feet around, staffed at all times by an adult, and limited to the same 9:00 a.m. to 10:00 p.m. sale window (§ 10A.7).

Anyone under 18 cannot sell, handle, or be paid for working the stand, and retailers cannot sell to a buyer under 18. Beyond the retail rules, § 10A.15 makes any property owner, tenant, or event host 'strictly liable' for illegal fireworks used on their property, the adjacent public street, or at their gathering, with administrative citations of $1,000 for a first violation and $2,000 for a second or later violation under § 10A.16, plus a public-safety cost-recovery fee of up to $500 per incident under § 10A.17.

Violations & Fines

General violations of the fireworks chapter are misdemeanors punishable by a fine up to $1,000, imprisonment in the city or county jail up to 30 days, or both (§ 10A.14). Separately, host liability under § 10A.15 for illegal fireworks use draws its own administrative citation: $1,000 for a first offense and $2,000 for a second or later offense, plus up to $500 in public-safety cost-recovery fees per incident.

Frequently Asked Questions

When can fireworks be sold in Gilroy?
Only 'safe and sane' fireworks, and only from 9:00 a.m. on July 1 through 10:00 p.m. on July 4 each year, under City Code § 10A.1. Sales outside that window, or of any fireworks not meeting the state's 'safe and sane' definition in Health and Safety Code § 12529, are not permitted anywhere in the city.
Who can get a permit to sell fireworks in Gilroy?
Only a nonprofit, public agency, or public-agency-affiliated organization built around student or youth activities in Gilroy, with a permanent local meeting place, at least 20 members, and at least a year of continuous local operation. The fire chief caps the citywide total at sixteen permits a year (§ 10A.5).
What happens if someone sets off illegal fireworks at my house?
As the property owner or host, you can be held strictly liable under § 10A.15 even if you were not present, and an enforcement officer can issue an administrative citation of $1,000 for a first violation or $2,000 for a repeat violation, plus recover up to $500 per incident in public-safety response costs.

Sources & Official References

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