RESOLUTION NO. 7627
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE, CALLING AND GIVING
NOTICE OF THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 6, 1990, FOR THE
SUBMISSION OF AN ORDINANCE RELATING TO
FIREWORKS PROHIBITION IN THE CITY OF
ORANGE.
WHEREAS, under the provisions of the laws relating to
general law cities in the State of California, a General Municipal Election shall be held on November 6, 1990, for the election of Municipal Officers; and
NOW, THEREFORE, BE IT RESOLVED by the City council of the City of Orange, as follows:
Section I:
That pursuant to the requirements of the laws of the State of California relating to General Law cities there is called and ordered to be held in the City of Orange, California, on Tuesday, November 6, 1990, a General Municipal Election for the purpose of submitting the following measure:
CITY OF ORANGE
Shall an Ordinance be adopted prohibiting YES
the existing sale of state Safety Approved
fireworks by non- profit organizations in
NO the City of
Orange. Section
II: That the text of the Ordinance submittedto the voters is attachedas Exhibit "
A". Section
III: That the ballots to be used at the election shall be in form and content as requiredby
law. Section
IV: That the City Clerk is authorized, instructedand
directedto procure and furnish any and all official ballots, notices, printed matter and all supplies, equipmentand paraphernalia that may be necessaryin order to properly and lawfully conduct the
section V:
That the polls for the election shall be open at seven
o' clock a. m. of the day of the election and shall remain open continuously from time until eight o' clock p. m. of the same day when the polls shall be closed except as provided in Section 14301 of the Elections Code of the State of California. section VI:
That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.
section VII:
That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
Section VIII:
That the city Clerk shall certify to the passage and
adoption of this Resolution and enter it into the book of original Resolutions.
ADOPTED this
7th
day of August 1990.
DON E. SMITH
d-
f/ I?
Ji~~.
v~ ci t Clerky of
Orange
ATTEST:I hereby certify that the
foregoing regularly adoptedby the city council
of regular meeting thereof held on the
7th 1990, by the following
vote: Resolution was duly
and the City of Orangeat
a day of
August AYES: COUNCIL MEMBERS: STEINER, BARRERA, BEYER,
COONTZ NOES: COUNCIL MEMBERS:
NONE ABSENT: COUNCIL MEMBERS: MAYOR
SMITH77~ A'~ () ~~-dP?
l City Clerk th~ i of
Orange Reso. 7627 2-
Non-
Profit) ORDINANCE
NO. AN ORDINANCEOF THE CITY COUNCILOF
THE CITY OF ORANGE RESCINDING CHAPTER8. 12
OF THE ORANGE MUNICIPALCODE
ENTITLED FIREWORKS" AND SECTION15. 32. 130
OF CHAPTER15. 32 ENTITLED " ARTICLE78
OF U. F. C. AMENDED" AND ADDING CHAPTER8.
14 ENTITLED " FIREWORKSPROHIBITED."
i WHEREAS, the City Council has determined that this
Ordinance No. shall be adoptedif a majorityof the votersin the Special Municipal Electionon November6, 1990, support the prohibitionof fireworks within the City of
Orange. NOW, THEREFORE, THE CITY COUNCILOF THE CITY OF ORANGE
DOES ORDAINAS
FOLLOWS: section
I: Chapter8. 12 of the Orange Municipal Code
entitled Fireworks" is hereby rescindedin its
entirety. section
II: section15. 32. 130 of Chapter15. 32 which concerns
fireworksand states certain amendmentsto Article 78 of the 1988 Editionof the Uniform Fire Code is hereby rescindedin its entirety. section
III: Title 8 of the Orange Municipal Code is hereby amended to add Chapter8. 14 to read as
follows: Chapter8.
14 Fireworks
Prohibited
SECTION:8. 14. 010 Fireworks
Prohibited.8. 14. 010 Fireworks Prohibited. It is unlawful for any personto possess, store, to offer for sale, expose for sale, sell at retail or use or explode any fireworks; provided that the Fire Chief shall have the power to adopt reasonable rules and regulationsfor the grantingof permits for supervised public displaysof fireworksby a jurisdiction, fair
association, amusement parks, non- profit organizationsor for the use of fireworks by artisans in pursuit of their trade. Every such use or displayshall be handledby a competent operator approvedby the Fire Chief and shall be of such characterand so located, discharged or fired so as, in the opinion of the Fire Chief after proper investigation, not to be hazardous to property or endanger
any person.
section IV:
A summary of this Ordinance shall be published and a certi- fied copy of the full text of this Ordinance shall be posted in the Office of the city Clerk at least five ( 5) days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen ( 15) days after this Ordinance' s passage in the Orange City News, a newspaper of general circulation, published and circulated in the City of orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names of those City council members voting for and against the Ordinance in accordance with Government Code section 36933. This Ordinance shall take effect thirty ( 30) days from and after the date of its final passage. c...
ADOPTED this day of 1990.
Mayor of the City of Orange
ATTEST:
City Clerk of the City of Orange
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARILYN J. JENSEN, city Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the city Council held on the day of , 1990, and thereafter at a regular
meeting of said City Council duly held on the day
of , 1990, was duly passed and adopted by
the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
City Clerk of the City of Orange
2 -
Official Title and Summary
Prepared by the
City Attorney
Measure Prohibiting Existing Sale of State Approved Fireworks If this measure is passed, an ordinance will be enacted prohibiting the existing sale of state approved fireworks by non- profit corporationsin the City of
orange. Under current ordinances, the sale of state approved fireworks except for sparklers, groundflowers, and whistling petes is permittedif the sales of such fireworks are conducted by non- profit corporationsand sold during the period from July 1st to midnightof July 4th. This measure would repeal
these ordinances. This measure, however, will not prohibit the use and display of state approved fireworksconducted in public areas under Fire Departmentregulation and control by individuals, groups, or
non- profit corporations. The above statement is an impartial analysisof Measure ____. If you desire, a copy of the fireworks sale ordinance, please call the City Clerk' s Office at 714/ 532- 0341 and a copy will be mailed at