HomeMy WebLinkAbout3006 Fireworks Ban
ORDINANCE NO. !;ODIa
AN ORDINANCE RELATING TO FIREWORKS,
AND AMENDING AMC 15.28.070
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold . and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession; and
WHEREAS, the above referenced grant of power has been interpreted as affording all legislative
powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v.
International Ass'n of Firefiahters. local 1660. Beaverton Shop. 20 Or. App. 293, 531 P 2d 730,
734 (1975); and
WHEREAS, fuel loading, terrain slope and aspect, and narrow steep streets make fires both
more likely and more difficult to fight in Ashland; and
WHEREAS, the City can best protect against fires caused by fireworks by prohibiting fireworks in
the City limits;
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
SECTION 1. Section 15.28.070 [Amendments to the Oregon Fire Code] is hereby amended to
read as follows:
15.28.070 Amendments to the Oregon Fire Code
The Oregon Fire Code is amended in the following respects:
A. Section 506.1 Replace the second sentence as follows: The key box shall be of an
approved type, installed and maintained in accordance with manufacturers
instructions, and shall contain keys to gain necessary access as required by the fire
code official.
B. Section 508.5.1 & Exceptions: Delete: and replace with the following: The approved
fire apparatus operating area must be located within 300 feet from a hydrant, as
measured by an approved route, along an approved driving surface. With the
installation of an approved automatic fire sprinkler system, hydrant distance may be
increased to 600 feet.
C. Section 3301: Notwithstanding ORS 480.110 through ORS 480.165 and OAR 837-
012-0600 through OAR 837-012-0675, the sale of retail fireworks as defined in OAR
837-012-0610 is prohibited within the City of Ashland. The use of retail fireworks
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within the City is prohibited during any declared fire season except when the
sale of fireworks is permitted within the State of Oregon pursuant to ORS
18Q.127 (June 23 to July Ii of each year).
D. -Appendix 0105.1 Change first sentence as follows: Buildings or portions of
buildings or facilities exceeding 24 feet in height above the lowest level of fire
department vehicles access shall be provided with approved fire apparatus access
roads capable of accommodating fire department aerial apparatus. Appendix
0105.2 & 105.3 Change 30 feet to 24 feet.
SECTION 2. Severability; The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 3. Savinas. Notwithstanding this amendment/repeal, the City ordinances in existence
at the time any criminal or civil enforcement actions were commenced, shall remain valid and in
full force and effect for purposes of all cases filed or commenced during the times said
ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation
that nothing in this Ordinance affects the validity of prosecutions commenced and continued
under the laws in effect at the time the matters were originally filed.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 2-4) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the --.lJe.... day of F=eJo ru..':'1 ' 2010
and duly ASSED and ADOPTED this ~ day of rn~1-, ,2010
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SIGNED and APPROVED this:; day of M'-r~, 2010.
Reviewed as to form:
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