HomeMy WebLinkAboutItem C: Fireworks Regulations
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Work Session: Fireworks Regulations
Meeting Date: May 27, 2008 Agenda Item Number: C
Department: Eugene Fire & EMS Staff Contact: Deputy Chief Joe Zaludek
www.eugene-or.gov Contact Telephone Number: 682-7103
ISSUE STATEMENT
The City Council has requested information regarding the City’s ability to prohibit the sale and use of
retail fireworks. Staff requests no action on this issue, as the purpose of this work session is to provide
the City Council with the requested information.
BACKGROUND
The Eugene City Council has requested information on this issue in the past. The record holds
correspondence from the City Attorney to Fire Marshal Dave Nuss dated June 5, 1992, a memorandum
from Fire Marshal Mike Thrapp to Deputy Chief Matt Shuler in October 2000, a memorandum from the
City Attorney to Fire Chief Randy Groves dated June 30, 2006, and a memorandum from Fire Chief
Randy Groves to the City Council dated July 5, 2006. There has been no formal action taken by the
council regarding any of these communications to date.
For 2008, the retail sales period in Oregon is June 23 through July 7. The deadline for submitting retail
sales permit applications to the State Fire Marshal’s Office was April 15. Permitted retailers are
currently well into their purchases of fireworks inventory and other preparations for this season. In
2007, a total of 32 permits were issued within the City for retail fireworks sales.
The Eugene 2008 Olympic Track and Field Trials are scheduled for June 27 through July 6. There is a
direct conflict due to the extraordinary staffing requirements for all area public safety agencies for the
Olympic Trials. This means there are not enough Fire or Police resources available to sustain a
concerted enforcement program for the 2008 Fourth of July fireworks season.
Additionally, areas such as the River Road patchwork of jurisdictions will create an enforcement and
political challenge with neighbors and neighborhoods being subject to conflicting regulations for the
same activity. Also, there is no present interest in fireworks ordinance changes on the part of
Springfield.
RELATED CITY POLICIES
This topic relates to the following City policies:
·City Code Section 2.019 (1) authorizes the City Manager or designee to adopt rules for
implementation. This is generally a several month process.
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·City Code Section 2.019 (5) authorizes the City Manager or designee to adopt an emergency rule
without prior notice or hearing. The City Manager must issue: 1) A statement of findings that a
failure to act will result in serious prejudice to public interest; 2) A citation of the City’s legal
authority; 3) A statement of need for the rule; and 4) A list of principle documents relied upon by the
City in considering the need for the rule. The rule is effective for a limit of 180 days.
COUNCIL OPTIONS
The City Council may take any of the following approaches to this issue:
1.Take no action at this time.
2.Engage Lane County and the City of Springfield in developing a regional strategy.
3.Move to unilaterally ban the sale and use of retail fireworks within the city of Eugene.
4.Promote compliance to present law through Public Service Announcements which state that the use
of illegal fireworks can result in: a) fines up to $1,000; b) civil liability for damage caused by illegal
fireworks; and c) financial responsibility for Fire Department response to extinguish fires caused by
illegal fireworks.
5.Communicate support for the large fireworks displays at Alton Baker, Civic Stadium and Hayward
Field.
6.Ask large fireworks display production companies to consider moving to a laser fireworks display
(e.g., Flagstaff, AZ).
CITY MANAGER’S RECOMMENDATION
The City Manager has no specific recommendations for this agenda item. However, due to several
factors including the rescheduling of this work session, which has created a timing issue to implement
any changes for this year’s fireworks season, and the conflicting and unprecedented need for Police and
Fire resources during the upcoming 2008 Olympic Track and Field Trials, staff recommends that City
Council take no action at this time.
SUGGESTED MOTION
Move to table this item.
ATTACHMENTS
A. Memorandum from Glenn Klein to Fire Marshal Dave Nuss dated June 5, 1992.
B. Memorandum from Jerome Lidz to Acting Fire Chief Randy Groves dated June 30, 2006.
C. Memorandum from Acting Chief Randall B. Groves to Mayor and City Council dated July 5, 2006.
FOR MORE INFORMATION
Staff Contact: Joe Zaludek, Deputy Chief Special Operations
Telephone: (541) 682-7103
Staff E-Mail: joe.s.zaludek@ci.eugene.or.us
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