San Benito County, CA Fire Regulations: Fireworks (2026)
Key Facts
- Sale
- Prohibited except safe and sane
- Discharge
- Banned except safe and sane fireworks
- First offense fine
- $1,000
- Third+ offense fine
- $5,000
- Criminal penalty
- Misdemeanor
Summary
Unincorporated San Benito County bans selling, possessing, or igniting any fireworks except state-defined 'safe and sane' fireworks; violations are a public nuisance and a misdemeanor.
Other than "safe and sane fireworks," as defined in the Health and Safety Code of the state, no person shall sell, possess, ignite, fire, permit to be exploded, cause to be exploded or explode any fireworks, as defined in the Health and Safety Code of the state, within the unincorporated area of the county. (Ord. 1,022, § 2) § 11.05.003 VIOLATION; NUISANCE. Violation of this chapter constitutes a public nuisance, per se. (1966 Code, § 6D-3) (Ord. 575, § 1(part)) § 11.05.004 VIOLATION; CRIMINAL PENALTY. Any person who violates this chapter is guilty of a misdemeanor. (1966 Code, § 6D-4) (Ord. 575, § 1(part)) § 11.05.005 ADMINISTRATIVE CITATIONS; PENALTIES AND FEES.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-28: current through Ordinance 1078).
Full Breakdown
County Code § 11.05.002A prohibits selling, possessing, igniting, firing, permitting to be exploded, or exploding any fireworks in the unincorporated area of San Benito County, with one exception: fireworks classified as 'safe and sane' under Cal. Health and Safety Code § 12529. All other fireworks, including 'dangerous fireworks' under § 12505, remain banned outright. A violation is a public nuisance per se under § 11.05.003 and a misdemeanor under § 11.05.004. This rule applies only outside Hollister and San Juan Bautista, which enforce their own municipal fireworks codes.
Violations & Fines
Violation is a public nuisance per se and a misdemeanor. The county may also pursue administrative citations: $1,000 for a first offense, $2,500 for a second, and $5,000 for a third or subsequent offense.
Frequently Asked Questions
Can I buy or use fireworks in unincorporated San Benito County?
What's the penalty for illegal fireworks in unincorporated San Benito County?
Sources & Official References
Other rules in San Benito County
How San Benito County compares: Cities Where Fireworks Are Banned or Heavily Restricted·California rules heatmap·Compare San Benito County to another location·View the California fire regulations overview
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