06/29/1992 Meeting - Laserfiche WebLink

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e streets, from 24th to 32nd avenues, was relatively flat land. By consent of the maker and seconder of the motion, the definition and map of the south hills area was changed to note that the Hilyard Street boundary was moved east to Harris Street. Mr. MacDonald said he wanted to stress to the public that the council was taking this action in response to the high fire danger in the south hills area and concerns of south hills area residents. He stressed that citizens needed to be realistic about the City's ability to enforce the ordinance with respect to its limited resources. He added that citizens should not use the 9-1-1 line for calls regarding fireworks complaints. Mr. Boles said it will become increasingly difficult to protect development in the south hills area from fire danger and suggested looking at a long-term strategy to deal with this issue. Responding to a question from Ms. Bascom, Mr. MacDonald said he was familiar with only one fireworks stand at the corner of 30th Avenue and Hilyard Street that would be affected by a ban on the sale of fireworks in the south hills area. He said he hoped the concession operator would be able to negotiate with the lessor and be able to move to another site outside of the south hills area. Responding to a question from Mayor Miller, Mr. Gleason said the City does not have a right to intercede in lease agreements between private parties. Ms. Bascom noted that the 30th and Hilyard stand would not be af- fected under her proposed boundary change. Mr. Boles said he understood that there was a fireworks stand at 40th Avenue and Donald Street. e Mr. Rutan reminded the council that, at the June 24 work session, it had decided not to ban the sale of fireworks anywhere in the City primarily due to concerns about enforceability, in addition to the fact that the City has already issued licenses allowing their sale. Responding to a question from Mr. Rutan, Mr. Gleason said the City would enforce the ordinance by having station crews patrol the south hills area and broadcast by megaphone when violations are taking place, and, if necessary, having officers respond to issue citations. He added that a number of residents who have called the City and councilors expressing concern have indicated that they would like to be able to self-police their neighborhoods. Mr. Rutan asked about the City's liability in having already issued the li- censes and now possibly banning the sale of fireworks. Mr. Gary said the United States District Court in Washington, D.C., recently adjudicated a similar issue and ruled that such a ban would be lawful. Ms. Ehrman asked why fireworks, if defined as "inherently dangerous," are being banned in only one part of the city. She hoped the message about the City's limited ability to enforce the ordinance is communicated. She also noted that since the council's June 24 work session, there has been a change in the weather. Responding to a question from Ms. Ehrman, Mr. Gleason ex- plained that authorizing him some expressed power to lift or enact a ban when e MINUTES--Eugene City Council June 29, 1992 Page 2 5:45 p.m.