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HomeMy WebLinkAbout06/29/1992 Meeting e M I NUT E S Eugene City Council Council Chamber--City Hall June 29, 1992 5:45 p.m. PRESENT: Shawn Boles, Randy MacDonald, Paul Nicholson, Kaye Robinette, Ruth Bascom, Debra Ehrman, Bobby Green, Roger Rutan. The adjourned meeting of June 24, 1992, of the Eugene City Council was called to order by His Honor Mayor Jeff Miller. I. ADOPTION OF FIREWORKS ORDINANCE City Manager Mike Gleason introduced the topic. Mayor Miller noted that a public hearing was not necessary for this item. CB 4398--An ordinance declaring the use of fireworks within the city limits an inherently dangerous activity; prohibiting the use of fireworks within the city; establishing an exception; establishing liability e therefore; and declaring an emergency. Mr. Boles moved, seconded by Mr. Green, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion passed unanimously, 8:0. Mr. Boles moved, seconded by Mr. Green, to amend the bill to set a dollar amount of $500 under Section 5 of the ordinance which reads "Any person who violates Section 3 of this Ordi- nance shall be subject to a fine not to exceed ($500) per violation." Roll call vote; the motion to amend passed unani- mously, 8:0. Mr. MacDonald moved, seconded by Mr. Nicholson, to amend the bill to ban both the use and sale of fireworks in the south hills area. Bill Gary, City Attorney's Office, advised that the amendment did not include a definition of the "south hills area." Mr. MacDonald said a definition and map of the south hills area were submitted to staff and the council. Referring to the map, Ms. Bascom suggested moving the Hilyard Street boundary east to Harris Street, saying that the area between Hilyard and Harris e MINUTES--Eugene City Council June 29, 1992 Page 1 5:45 p.m. 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. e weather conditions deemed it appropriate would set up an inconsistency within the ordinance. He provided an explanation of how the fire marshal has de- scribed the minimal impact a couple days of rain has on the fire danger. Mayor Miller felt a citywide ban on the use of fireworks would be more fair and suggested separating action on banning the sale and use of fireworks. Mr. Boles pointed out that the ordinance does impose a citywide ban on the use of fireworks, with the exception of July 4. Responding to a question from Mr. Green, Fire Marshal Dave Nuss, Department of Public Safety (DPS), said the City issues licenses to sell fireworks on behalf of the State Fire Marshal's Office, and that he was not positive but understood that they are issued for a particular site stipulated on the li- cense application. Ms. Bascom commented that the ordinance would still allow citizens to cele- brate the 4th of July holiday. Mr. Nicholson said he supported banning the use of fireworks except on July 4 on the grounds that the council will address this issue in a more comprehen- sive fashion. Other councilors expressed support for a long-term strategy. Roll call vote; the motion to amend passed 7:1, with Councilor Bascom voting nay. Ms. Ehrman moved, seconded by Mr. MacDonald, to delete the e following language from the bill: "No person shall sell fire- works to any person at any location within the south hills area of the city as defined in Section 4 of this ordinance. In addition . . . " Mr. Nicholson said he opposed the amendment, saying that it made little sense to ban the use of fireworks in an area where the sale of fireworks, especial- ly to juveniles, is permitted. Mr. Rutan pointed out that a ban on the sale of fireworks in the south hills area would affect a stand in the Bi-Mart parking lot at the intersection of Chambers Street and West 18th Avenue, but not one across the street in the Albertsons parking lot. Roll call; the motion to amend passed 6:2, with councilors MacDonald and Nicholson voting nay. Mayor Miller noted that the use of fireworks would be banned this year, ex- cept on July 4, but including New Year's Eve. Mr. Nicholson reiterated that the council should adopt a substitute ordinance that would allow the fire marshal to ban the use of fireworks when appropriate. Mr. MacDonald encour- aged the council's work on this issue. Mr. Green commended Councilor MacDonald's efforts on this ordinance. Ms. Bascom suggested including input from the community in looking at a long-term solution. Roll call vote; the main motion was amended approved unani- mously, 8:0. e MINUTES--Eugene City Council June 29, 1992 Page 3 5:45 p.m. e Council Bill 4398 was read the second time by number only. Mr. Boles moved, seconded by Mr. Green, that the bill be ap- proved and given final passage. Roll call vote; all council- ors present voting aye, the bill was declared passed and be- came Ordinance 19863. The meeting adjourned at 6:10 p.m. Respectfully submitted, ~~ . --- Micheal Gleason City Manager (Recorded by David Straub) mncc 062992 e e MINUTES--Eugene City Council June 29, 1992 Page 4 5:45 p.m. --