ORD-09-90 PROHIBITS THE SALE AND DISCHARGE OF CERTAIN FIREWORKS COMMONLY KNOWN AS GROUND BLOOM FLOWERS SPARKLERS PICCOLO PETESORDINANCE NO. 9-
90 AN INTERIM ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ORANGE ADOPTED AS
AN URGENCY MEASURE AMENDING
SECTION 15.32.080 OF THE ORANGE MUNICIPAL
CODE TO MODIFY SECTIONS 78.105 AND 78.106
OF THE UNIFORM FIRE CODE TO PROHIBIT
THE POSSESSION, SALE AND DISCHARGE
OF CERTAIN FIREWORKS COMMONLY REFERRED
TO AS "GROUND BLOOM FLOWERS", "
SPARKLERS",AND "PICCOLO AND WHISTLING
PETES".WHEREAS, the city Council on May 8, 1990, heard
extensive testimony concerning the issue as to whether or not the City
should ban the sale, possession, discharge, and use of all fireworks
in the City of Orange;
and WHEREAS, the City allows for designated periods the sale
of certain fireworks commonly known as "ground bloom
flowers",sparklers", and "piccolo or whistling petes"; however,
these devices have peculiar characteristics which in their use
and discharge present much greater risks of fire as compared to
the other permitted fireworks and they also create a much greater
risk of injury to children because these devices are uniquely
attractive to them;
and WHEREAS, the City Council has authorized the sale
and discharge of "safe and sane" fireworks for the Fourth of
July celebration this year; the sale, use and discharge of
those fireworks commonly known as "ground bloom flowers", sparklers",
and piccolo or whistling petes" will be
prohibited.NOW, THEREFORE, the City Council of the City of Orange
does hereby ordain as
follows:Section
I:Section 15.32.080 of the orange Municipal Code is
hereby amended to modify Sections 78.105 and 78.106 of the Uniform
Fire Code to read as
follows:Section 78.105 Discharqinq Safe and Sane Fireworks.
No person shall possess, store, handle, or discharge any safe and
sane fireworks except during the days that sales are permitted each
year as set forth in Section 78.106 below; provided however, that
the fireworks defined herein shall not be possessed, stored,
handled,or discharged under any circumstances at any time. These types
of fireworks
are:
I~--
A. Ground Bloom Flowers.
1/4 inches long and 5/8 inch in
emits sparks and flames.
B. Sparklers. A wire core dipped stick from 8 inches to 10
inches long which emits sparks and flame.
The cylinder is approximately 2
diameter, sets on the ground and
c. piccolo or Whistlinq Petes. the cylinder is
approximately 5 inches long which stands on a base, 1/2 inch in
diameter, emits flame and sparks with a high-pitched
whistle.section 78.106 Sale of Safe and Sane Fireworks. No
person shall display, sell, or store safe and sane fireworks in the
city of Orange except from temporary stands erected and
maintained solely for the display and sale of such fireworks. No
persons shall sell or offer for sale such fireworks at any time except
from noon July 1 to midnight July 4; provided however, that
those fireworks prohibited under Section 78.105 (A), (B), and (C)
shall not be displayed or sold under any circumstances at any
time.section
II:If any section, subsection, sentence, clause or phrase of
this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of
the Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section,
subsection,sentence, clause or phrase not declared invalid or
unconstitutional without regard to whether any portion of the Ordinance would
be subsequently declared invalid or
unconstitutional.Section
III:The facts constituting the adoption of this Ordinance as
an urgency measure are that the City Council, while desiring that
safe and sane fireworks be sold to celebrate Independence Day in
1990,has determined that certain kinds of fireworks classified as
safe and sane are potentially of high fire risk due to the hot, dry,
and windy conditions existing in this area during the summer
months.The city Council also determined that those fireworks known
as ground bloom flowers", sparklers", and "piccolo or
whistling petes" present a much greater risk of injury to children
because these devices are uniquely attractive to them. There is not
enough time for adoption of this Ordinance through the normal process
and the preservation of the public peace and safety require that it
be adopted as an urgency measure under California government
code Section
36937.2 -Ord.
No. 9-90
i-
section IV:
This urgency Ordinance shall become effective immediately upon
adoption by the City Council.
Adopted this 22nd day of Mav 1990.
ATTEST:
MARILYN J. JENSEN
c~ty Clerk 0 th City
DEPUTY CIT
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARILYN J. JENSEN, City Clerk of the city of Orange,
California, do hereby certify that the foregoing Interim Ordinance
adopted as an urgency measure was introduced, duly passed and
adopted at the regular meeting of the City Council held on the 22nd
day of Mav ,1990, by the following vote, to wit:
AYES:COUNCIL MEMBERS: STEINER, BARRERA, SMITH, BEYER, COONTZ
NOES:COUNCIL MEMBERS: NONE
ABSENT:COUNCIL MEMBERS: NONE
ABSTAIN:COUNCIL MEMBERS: NONE
MARILYN J. JENSEN
city Clerk of the City of orange
7~/.1d/J2u ~ &--k~
DEPUTY CITtI LERK
3 -Ord. No.
9-90 II