RES-11545 CALLING 11-5-2024 ELECTION WITH SAFE AND SANE FIREWORKS MEASURE - MAY 14, 2024RESOLUTION NO. 11545
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE CALLING AND GIVING
NOTICE OF A GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 5, 2024,
FOR THE ELECTION OF CERTAIN OFFICERS AS
REQUIRED BY THE PROVISIONS OF THE LAWS
OF THE STATE OF CALIFORNIA RELATING
TO GENERAL LAW CITIES AND FOR THE
SUBMISSION TO THE VOTERS A QUESTION
RELATING TO THE ADOPTION OF A PROPOSED
ORDINANCE AMENDING CHAPTER 8.13 OF THE
ORANGE MUNICIPAL CODE TO PERMIT THE
SALE, POSSESSION AND USE OF SAFE AND SANE
FIREWORKS IN THE CITY OF ORANGE
WHEREAS, under the provisions of the laws relating to General Law Cities in the State
of California,a General Municipal Election shall be held on November 5, 2024, for the election of
Municipal Officers; and
WHEREAS,the City Council also desires to submit to the voters at the election a question
relating to an ordinance to permit the sale, possession, and use of safe and sane fireworks in the
City of Orange.
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 the laws of the State of California relating
to General Law Cities, there is called and ordered to be held in the City of Orange, on Tuesday,
November 5, 2024, a General Municipal Election 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. That the City Council, pursuant to its right and authority, does order
submitted to the voters at the General Municipal Election the following question:
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 areas of the City
of Orange that are not high risk fire areas?
NO
SECTION 3. That 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. That the vote requirement for the measure to pass is a majority (50%+1) of
the votes cast.
SECTION 5. That the ballots to be used at the election shall be in form and content as
required by law.
SECTION 6. That the City Clerk is authorized, instructed and directed to coordinate with
the County of Orange Registrar of Voters to procure and furnish any and all official ballots,notices,
printed matter and all supplies, equipment and paraphernalia that may be necessary in order to
properly and lawfully conduct the election.
SECTION 7. Vote Centers for the election shall be open at seven o'clock a.m. of the day
of the election and shall remain open continuously from that time until eight o'clock p.m. of the
same day when the Vote Centers shall be closed, pursuant to Election Code § 10242, except as
provided in §§ 14212, 14401 of the Elections Code of the State of California.
SECTION 8. In all particulars not recited in this resolution,the election shall be held and
conducted as provided by law for holding municipal elections.
SECTION 9. Notice of the time and place of holding the election is given and the City
Clerk is authorized, instructed and directed to give further or additional notice of the election, in
the time, form and manner as required by law.
SECTION 10. In the event of a tie vote (if any two or more persons receive an equal and
the highest number of votes for an office) as certified by the County, the City Council, in
accordance with Election Code § 15651(a), shall set a date and time and place and summon the
candidates who have received the tie votes to appear and will determine the tie by lot.
SECTION 11. 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 12. The City Clerk shall certify to the passage and adoption of this Resolution
and enter it into the book of original Resolutions.
SECTION 13. The City Council authorizes the City Clerk to administer said election and
the City shall pay all reasonable and actual election expenses upon presentation of a properly
submitted bill.
Resolution No. 11545 2
ADOPTED this 14th day of May 2024.
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
ak:)""
Mike Vigliotta,
p
ity Attorney
Attachments: Exhibits A&B
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: Dumitru,Tavoularis, Bilodeau, Gutierrez,
Gyllenhammer, and Slater
NOES: COUNCILMEMBERS: Barrios
ABSENT: COUNCILMEMBERS: None
117?4/1A4,12-/-4
Pamela Coleman, City Clerk, City of Orange
Resolution No. 11545 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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