10-25-17 City Council Agenda Packet

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EUGENE CITY COUNCIL A^ AGENDA ITEM SUMMARY Work Session: Draft Ordinance Concerning Fireworks Restrictions Meeting Date: October 25, 2017 Agenda Item Number: B Department: Fire Staff Contact: Fire Chief Joe Zaludek www.eugene-orgov Contact Telephone Number: 541-682-7115 ISSUE STATEMENT Over the past few years, Council has considered a complete ban of fireworks with exceptions for professional event displays and within designated locations in Eugene. The efforts since 2014 have been to focus on education and enforcement. Impacts from the pervasive use of fireworks include the risk of injuries and property damages from fires, and the noise generated from them disrupts the quality of life for military veterans, senior citizens, animals, refugees, and community members at -large. On October 11, 2017, the City Council passed a motion directing the City Manager to bring back an ordinance for a work session that bans citywide all personal fireworks except quiet personal fireworks (sparklers and quiet fountains), limits the days quiet personal fireworks can be used to December 31, January 1, July 3 and 4, and limits the days for commercial firework displays to July 3-5, and to provide information to the Council regarding the potential impacts of limiting commercial displays to July 3-5. The purpose of this work session is to provide City Council with the requested draft ordinance and allow for further discussion and direction. Regarding Council's direction to limit personal fireworks to those that are quiet, the attached draft ordinance limits the discharge of personal fireworks to those that do not generate a plainly audible effect louder than 60dBA at the property line. The 60dBA limitation is based on current City code provisions regulating certain residential noises. BACKGROUND For Eugene, the purchase and use of Oregon legal fireworks is regulated through the Eugene Fire Code. Legal fireworks may be purchased only from Oregon -permitted fireworks retailers and stands. Oregon law bans possession, use or sale of fireworks that fly, explode or travel more than six feet on the ground or 12 inches in the air (e.g., firecrackers, bottle rockets, M -80s and similar devices). The state regulates fireworks for storage, public viewing events and public use. There have been no local amendments to the Oregon Fire Code, therefore, ORS 480.110 through 480.165, and OAR 837-12-0600 through 837-12-0675, govern fireworks sales, storage and use, public display, and retail sales respectively, and apply in their entirety within the city of Eugene. Retail sales of permitted fireworks and related products occur within the city of Eugene from June 23 through July 6 each year. After that period, sales cease and all unsold items must be returned to the wholesaler. All retail sales locations in the city are inspected by Eugene Springfield Fire Marshal's Office staff. Annually, there are about 43 retail outlets permitted and inspected, of which