HomeMy WebLinkAboutOrdinance No. 19863ORDINANCE NQ. l~sr~
AN QRDINANCE DECLARING THE USE GF FIREWORKS
Wl['THIN THE CITY LIlVII'TS AN Il~HERENTLY
DANGERQUS ACTIVITY; PRQHIBITING THE USE QF
FIREwoRKS THE CI~rY; ESTABLISHING AN
E~CEPTIQN; ESTABLISffiNG LIABILITY THEREFQRE;
AND DECLARING AN EMERGENCY.
The City Council of the City of Eugene finds that
A. Severe drought conditions exist within the City of Eu ene and are
. g
particularly extreme ~n the South Hills area.
B. The City has undertaken preventative measures and has authorized the
expenditure of $225,Ot10 to ensure preparedness to deal with the fire dan er resultin from
.. g g
these cond~t~ons.
C. Section S.lt~ of the Eugene Code, 1971 authorizes the use of certain
fireworks within the City, and because of the severe drought conditions, the use of
fireworks within the City should be declared an inherently dangerous activi ,and liabili
established far engaging ~n such act~v~ty.
NOW, THEREFORE,
THE CITY QF EUGEIV'E DQES QRDAIN AS FQLLQWS;
Section 1. Notwithstanding any provisions of the Eugene Code, 1971 autharizin
. g
the use of fireworks w~th~n the City limits, until the repeal of this Qrduaance, the use of
fireworks within the City limits is declared to be an inherently dangerous activi .
Section 2. The following persons shall be liable for any damages or costs resultin
. g
from the use of fireworks w~thln the city lmuts of the City of Eugene, ~nclud~n all costs
g
incurred by any party to suppress a fire resulting therefrom:
2.1 A person wha uses fi..reworks; ar
2.2 A person who allows any child for whom that person is res onsible
P
to use fireworks; or,
2.3 A person who allows any other person to use fireworks on pro e
. P ~Y
over which that person has control as owner or occupant thereof.
Ordinance -1
Section 3. Except between 12:01 a.m. and 11:59 p.m. an July 4, 1992, no person
shall, within the city limits of the City of Eugene:
3.1 Use flrreworks; ar
3.2 Allow any child far whom that person is responsible to use fireworks;
or,
3.3 Allow any other person to use fireworks on property over which they
have control as owner or occupant thereof.
The activities set forth in 3.1, 3.2, and 3.3 above are prohibited at all times, including July
4,1992 within the "South Hills" area of the City as defined in Section 4 of this Ordinance.
Section 4. For purposes of this Ordinance:
"Fireworks" means any combustible or explosive composition or
substance, or any combination of such compositions or substances, ar any
other article which was prepared far the purpose of providing a visible or
audible effect by combustion, explosion, deflagration or detonation and
includes sparklers, firecrackers, torpedoes, skyrockets, Roman candles, bombs,
rockets, wheels, colored fires, fountains, mines, serpents or any other article
of like construction or any article containing any explosive or inflammable
compound, or any tablets or other device containing any explosive substances
or inflammable compound; but does not include: toy pistol paper caps, toy
pistols, toy canes, toy guns ar other devices in which paper caps containing
.25 grains or less of explosive compound are used, and when the rate of
burning and the explosive force of the materials in such devices are not
greater than an equivalent weight of F.F.F.G. black powder, and when such
devices are so constructed that the hand cannot came in contact with the cap
when in place for explosion, and the mayor explosive force is contained or
dispelled within the housing or shell of the device, there is no visible flame
during discharge, there is na flaming or smoldering of any of the components
or parts of the device after discharge, and the device does not produce
suf hcient heat to readily ignite combustible materials upon which the device
may be placed,
"South Hills" means the area East of Agate Street to 24th Avenue;
South of 24th Avenue between Agate Street and Harris Street; East of
Harris Street between 24th Avenue and 32nd Avenue; South of 32nd Avenue
between Harris Street and Willamette Street; West of Willamette Street
between 32nd Avenue and 29th Avenue; South of 29th Avenue between
Willamette Street and Lawrence Street; South of 28th Avenue between
Ordinance - 2
Lawrence Street and Polk Street; West of Palk Street between 28th Avenue
and 24th Avenue; South of 24th Avenue between Polk Street and Chambers
Street; West of Chambers Street between 24th ,Avenue and 18th Avenue;
South of 18th Avenue between Chambers Street and Baffle Hill Road; East
y
of Bailey Mill Road between 18th Avenue and the City limits,
Section 5: Any person wha violates Section 3 of this ordinance shall be;
5.1 Subject to a fine not to exceed $SU4.QU per violation. Each use
shall constitute a separate violation;
5.2 Liable for all damages to persons ar property resulting from the
use of the fireworks, including all costs incurred by any party to szuppress
any fire resulting therefrom.
Section 6. This ordinance shall remain in effect for the remainder of the current
calendar year or until repealed, whichever is earlier.
Section 7. That the matters contained herein concern the public health, welfare and
safety and therefore, an emergency is hereby declared to exist, and this ordinance shall
become effective immediately upon its passage by the City Council and approval by the
Mayor, retentian by the Mayor for more than ten days, or passage over a Mayoral veto
by two-thirds of all members of the City Council,
Passed by the City Council this
29th day of June, 1992
City Recorder
Approved by the Mayor this
29th day of June, 1992
/~
or
ordinance - 3