ORD-10-90 PROHIBITS THE POSSESION OR SALE OF CERTAIN FIREWORKS GROUND BLOOM FLOWERS SPARKLERS PICCOLO AND WHISTLING PETESORDINANCE NO. 10-
90 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE 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;
and WHEREAS, the city Council adopted as an urgency
measure Ordinance No. 9-90 on May 22, 1990; the purpose of
this Ordinance is to replace Ordinance No. 9-90 on the date
this
Ordinance becomes effective.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
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 approxi-
mately 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:On the date this Ordinance becomes effective, Ordinance
No.9-90, adopted as an urgency measure, will be null and
void, without further force
or effect.
section IV:A summary of this Ordinance shall be published and
a certified copy of the full text of this Ordinance shall be posted
in the Office of the city Clerk at least five (5) days prior to
the City Council meeting at which this Ordinance is to be
adopted. A summary of this Ordinance shall also be published
once within fifteen (15) days after this Ordinance's passage in the
Orange city News, a newspaper of general circulation, published,
and circulated in the City of Orange. The City Clerk shall post in the
Office of the City Clerk a certified copy of the full text of
such adopted 2 -
Ord.No.10-
Ordinance along with the names of those city Council members voting
for and against the Ordinance in accordance with Government Code
Section 36933. This Ordinance shall take effect thirty (30) days
from and after the date of its final passage.
ADOPTED this 29th day of May 1990.
c-
g:;~
ATTEST:J (2 .I; ~
R~city Cler of t Ci~ of
Orange 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 Ordinance
was introduced at the regular meeting of the City Council held on
the 23rd day of Mav , 1990, and thereafter at a regular
meeting of said City Council duly held on the 29th day of Mav ,
1990,was duly passed and adopted by the following vote, to
wit:AYES:COUNCIL MEMBERS: Barrera, Smith,
Coontz NOES:COUNCIL MEMBERS:
None ABSENT:COUNCIL MEMBERS: Steiner,
Beyer ABSTAIN:COUNCIL MEMBERS:
None A/~ 0 <k~-
dP~City Clerk f th~Ci~ of
orange 3 -ajj
Ord.No.10-90