TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager
1. Subject
title
Introduction and First Reading of Ordinance No. 01-25 amending the Orange Municipal Code as it relates to safe and sane fireworks; and adoption of a resolution establishing a fee, application process, lottery process, and number of permits to sell safe and sane fireworks. Resolution No. 11593.
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2. Summary
On May 14, 2024, the Orange City Council adopted Resolution No. 11545, placing Measure AA on the November 5, 2024, General Municipal Election ballot, submitting to the voters a question relating to the adoption of Ordinance No.10-24 regarding the sale, possession, and use of safe and sane fireworks. Orange voters approved Measure AA, adopting Ordinance No. 10-24 authorizing the sale, possession, and use of safe and sane fireworks. Ordinance No. 01-25 and Resolution No. 11593 establish the rules and procedures for selling, possessing, and using safe and sane fireworks.
3. Recommended Action
recommendation
1. Introduce and conduct First Reading of Ordinance No. 01-25. An Ordinance of the City of Orange amending Chapter 8.13 of the Orange Municipal Code adopting rules and regulations regarding the sale, possession, and discharge of safe and sane fireworks and amending sections of Ordinance 07-22 of the Orange City Fire Code relating to safe and sane fireworks.
2. Adopt Resolution No. 11593. A Resolution of the City Council of the City of Orange, California, establishing a fee and adopting rules and regulations regarding the number of permits as well as the application and lottery process to sell “safe and sane” fireworks pursuant to Orange Municipal Code Chapter 8.13.
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4. Fiscal Impact
None.
5. Strategic Plan Goals
Goal 1: Maintain Strong Emergency and Safety Services.
6. Discussion and Background
On March 12, 2024, the City Council directed staff to place a City measure on the November 5, 2024 General Election ballot. On May 14, 2024, the City Council adopted Resolution No. 11545, submitting to the voters a question relating to the adoption of a proposed ordinance (Ordinance No. 10-24) amending Chapter 8.13 of the Orange Municipal Code (OMC), permitting the sale, possession, and use of safe and sane fireworks.
Assigned the letter designation “AA” by the County Registrar of Voters, Measure AA was approved by Orange voters with a vote of 35,468 in favor and 22,503 not in favor.
On December 10, 2024, the City Council adopted Resolution No. 11583 which certified the results of the election and affirmed the adoption of Ordinance No. 10-24, permitting the sale, possession, and discharge of safe and sane fireworks.
Ordinance No. 10-24 states the City will adopt rules and regulations regarding the sale, possession, and discharge of safe and sane fireworks for private display via a City Council ordinance and/or resolution. The proposed rules and regulations are detailed in Ordinance No. 01-25 and Resolution No. 11593. Both are discussed in turn.
Ordinance No. 01-25
Ordinance No. 01-25 amends Chapter 8.13 of the OMC as well as the Orange City Fire Code. The following are the more significant rules and regulations detailed in the draft ordinance.
• No persons under 18 shall sell or participate in the sale of safe and sane fireworks.
• Safe and sane fireworks may be sold between noon and 10:00 p.m. on July 1 - 3, and between 10:00 a.m. and 9:00 p.m. on July 4.
• Safe and sane fireworks may not be sold or used in any area east of Hewes Street and east of Cannon Street north of Santiago Canyon Road.
• The wholesaler supplying the safe and sane fireworks must submit a public education plan to the Fire Department no later than 5:00 p.m. on June 1st of each year.
• Safe and sane fireworks are not permitted on any public property (excluding residential sidewalks, alleys, and streets), commercial districts (except for nonconforming residential uses), and industrial/manufacturing districts (except for nonconforming residential uses).
• Safe and sane fireworks may be used between noon and 10:00 p.m. on July 4.
Resolution No. 11593
Resolution No. 11593 establishes a fee, the number of permits the City will distribute, and the application and lottery process to receive a permit. Provided below are highlights of the proposed process.
• The City will issue no more than eight permits per year.
• Qualified organizations will submit an application in March to be included in the lottery.
• The lottery shall be conducted during a City Council meeting.
• Groups selected in the lottery will submit a form detailing information that includes the individuals responsible for the fireworks stand, the safe and sane fireworks wholesaler information, the applicant’s temporary sales tax information from the California Board of Equalization, a City of Orange business license, and how the group proposes to sell safe and sane fireworks.
• Pursuant to State law, establishes a fee whereby the pro rata share of the actual and reasonable costs the City incurred cannot exceed 7% of gross sales.
Overall, Ordinance No. 10-24, as approved by Orange voters permits the sale, possession, and discharge of safe and sane fireworks. Ordinance No. 01-25 and Resolution No. 11593 establish the regulatory scheme to put the City’s safe and sane fireworks program into action.
7. ATTACHMENTS
• Ordinance No. 01-25
• Resolution No.11593