RES-11544 CONSOLIDATING OF GENERAL MUNICIPAL ELECTION 11-5-2024 WITH STATEWIDE GENERAL ELECTIONRESOLUTION NO. 11544
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF ORANGE
TO CONSOLIDATE A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 5, 2024 WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON THE SAME
DATE PURSUANT TO ELECTIONS CODE SECTION
10403
WHEREAS,the City Council of the City of Orange called a General Municipal Election
to be held in the City of Orange, California, on November 5, 2024; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the
Statewide General Election to be held on the same date and that within the City, the precincts,
polling places (vote centers) and election officers of the two elections be the same, and that the
Board of Supervisors of the County of Orange ("County") canvass the returns of the General
Municipal Election, and that the election be held in all respects as if there were only one election.
NOW, THEREFORE, the City Council of the City of Orange does hereby resolve,
declare, determine and order as follows:
SECTION 1. Pursuant to the requirements of Section 10403 of the Elections Code, the
County is hereby requested to consent and agree to the consolidation of a General Municipal
Election with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of
electing a Mayor for the full term of two (2) years; one (1) Member of the City Council from
District 2 for the full term of four (4) years; one (1) Member of the City Council from District 3
for a full term of four (4) years; one (1) Member of the City Council from District 5 for the full
term of four(4)years; a City Clerk for the full term of four(4)years; and a City Treasurer for the
full term of four(4)years.
SECTION 2. A measure is to appear on the ballot as follows:
Shall Ordinance No. 10-24 be approved by the voters to amend
Chapter 8.13 of the Orange Municipal Code to permit the sale, YES
possession, and use of safe and sane fireworks in the City of
Orange?
NO
SECTION 3. The proposed complete text of the measure submitted to the voters is
attached as Exhibit A. The full text of the ordinance is attached as Exhibit B.
SECTION 4. The vote requirement for the measure to pass is a majority (50%+1) of the
votes cast.
SECTION 5. The County is authorized to canvass the returns of the General Municipal
Election. The election shall be held in all respects as if there were only one election, and only one
form of ballot shall be used. The election shall be held and conducted in accordance with the
provisions of law regulating the statewide election.
SECTION 6. The Board of Supervisors is requested to issue instructions to the County
Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.
SECTION 7. The City of Orange recognizes that additional costs will be incurred by the
County by reason of this consolidation and agrees to reimburse the County for any costs.
SECTION 8. The City Clerk is hereby directed to file a certified copy of this Resolution
with the Board of Supervisors of the County of Orange and the Registrar of Voters of the County
of Orange.
SECTION 9. The City Clerk shall certify to the passage and adoption of this Resolution
and enter it into the book of original Resolutions.
ADOPTED this 14th day of May 2024.
aniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
U
Mike Vigliotta, City Attorn
Attachments: Exhibits A& B
Resolution No. 11544 2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ORANGE
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at a regular meeting thereof held on the 14th day of May 2024,by the following vote:
AYES: COUNCILMEMBERS: Barrios, Dumitru,Tavoularis, Bilodeau, Gutierrez,
Gyllenhammer, and Slater
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS:?II
1/144121. 21-e.nt‘t
Pamela Coleman, City Clerk, City of Orange
Resolution No. 11544 3
Exhibit A
Chapter 8.13 of the Orange Municipal Code shall be amended to permit the sale, possession, and
use of"safe and sane fireworks"within the limits of City of Orange that are not within high-risk
fire areas. The sale and discharge of safe and sane fireworks shall be prohibited in any
geographical area determined to present high risk of fire from discharge of safe and sane
fireworks. Following enactment of this ordinance, the City Council shall establish, by resolution
or ordinance, such reasonable rules and regulations as may be appropriate to establish such
things as the qualifications of those who may sell fireworks,the time periods in which they may
be sold and discharged,the locations where they may be discharged and the manner in which
they may be discharged, stored, disposed of,etc., permits which may be required relating to
fireworks, and similar provisions to protect the public health, safety, and welfare. The Fire Chief
will continue to have the power to adopt reasonable rules and regulations for the granting of
permits for supervised public displays of fireworks by competent operators in a manner which
protects life and property in the City.
If you desire a copy of proposed Ordinance No. 10-24, please call the City Clerk's Office at
714) 744-5500 and a copy will be provided at no cost to you.
Exhibit B
PROPOSED] ORDINANCE NO. 10-24
AN ORDINANCE OF THE PEOPLE OF THE
CITY OF ORANGE AMENDING CHAPTER
8.13 OF THE ORANGE MUNICIPAL CODE
REGARDING SALES, POSSESSION AND
USE OF FIREWORKS.
WHEREAS, in 1990 the voters of the City of Orange approved Measure L adopting an
ordinance (Ordinance No. 05-91) which repealed and deleted then Chapter 8.12 and Section
15.32.130 of the Orange Municipal Code and adding Section 15.32.130 prohibiting the
manufacture, sale and use of state safety approved fireworks; and
WHEREAS, the prohibition on fireworks has been difficult for the City of Orange to
enforce over the years, due to the legality and widespread availability of fireworks in neighboring
areas; and
WHEREAS, at the time of the passage of Ordinance No. 05-91, many cities in Orange
County prohibited fireworks. Cities such as Anaheim, Buena Park, Costa Mesa, Fullerton, Garden
Grove, Los Alamitos, Villa Park, and Santa Ana have since lifted those prohibitions and presently
permit"safe and sane"fireworks; and
WHEREAS, only "safe and sane" fireworks are sold in California for private use (Cal.
Health and Safety Code§ 12574); and
WHEREAS, fireworks are often sold by local civic and youth organizations for
fundraising, and the City's prohibition currently prevents such groups from participating in such
fundraising activities; and
WHEREAS,the State of California permits cities to regulate by ordinance the sale,use,or
discharge of fireworks(Cal. Health and Safety Code§ 12541).
NOW,THEREFORE,the People of the City of Orange hereby ordain as follows:
SECTION I:
Chapter 8.13 (Fireworks — Prohibited) of Title 8 (Health and Safety) of the Orange
Municipal Code, regarding the use,possession and discharge of fireworks, is hereby repealed and
replaced in its entirety with the following:
Chapter 8.13—FIREWORKS
8.13.010 Fireworks prohibited except as authorized herein.
It is unlawful for any person to possess, store,to offer for sale, expose to sale, sell at retail,
or use or explode any fireworks, except as provided herein. The sale,possession and discharge of
safe and sane"fireworks for private display shall be permitted within the City,in accordance with
rules and regulations adopted by ordinance or resolution, relating to the following: who may sell
such fireworks; the limited dates and times when such fireworks may be sold and discharged; the
manner, location, and any required permits for the sale, storage, possession, discharge and/or
disposal of such fireworks.
For purposes of this Chapter,"safe and sane"shall include those fireworks bearing the seal
of the State Fire Marshal and that are "safe and sane fireworks" with the provisions of California
Health and Safety Code Section 12529, or any successor provision thereto, and/or any other
relevant provisions of State Law relevant thereto (i.e. California Code of Regulations and State
Fire Marshal Regulations or Guidelines.)
Notwithstanding the above, the Fire Chief shall have the power to adopt reasonable rules
and regulations for the granting of permits for supervised public displays of fireworks by a
jurisdiction, association, or other organizations. Every such use or display shall be handled by a
competent operator approved by the Fire Chief and shall be such character and so located,
discharged, or fired so as, in the opinion of the Fire Chief, after proper investigation, not to be
hazardous to property or endanger any person.
SECTION II:
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for
any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof,
irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or
phrase had been declared invalid or unconstitutional.
SECTION III:
Pursuant to California Elections Code Section 9217,this ordinance shall take effect only if
approved by a majority of the eligible voters of the City of Orange voting at a General Municipal
Election to be held on November 5, 2024,and shall take effect ten(10)days after the City Council
has certified the results of the General Municipal Election by resolution.
SECTION IV:
The City Clerk is hereby authorized to attest to the adoption of this Ordinance by the People
voting thereon on November 5, 2024, by signing where indicated below.
The foregoing ordinance was PASSED, APROVED AND ADOPTED by the People of
the City of Orange voting on November 5, 2024,which vote was certified by the City Council on
this day of 2024.
Daniel R. Slater, Mayor, City of Orange
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ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
Mike Vigliotta, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE
I, PAMELA COLEMAN, 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
day of 2024, and thereafter at the regular meeting of said City Council duly
held on the day of 2024 was duly passed and adopted by the following vote,
to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange
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