TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
1. Subject
title
Receive and file a report on “Safe and Sane” fireworks and provide direction to City staff.
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2. Summary
On February 13, 2024, the Orange City Council discussed the current prohibition on “Safe and Sane” fireworks. The City Council directed staff to study the process to potentially legalize “Safe and Sane” fireworks along with other related factors including permit/boundary limits and calls for service data in agencies where “Safe and Sane” fireworks are legal.
3. Recommended Action
recommendation
1. Receive and file a report on “Safe and Sane” fireworks.
2. Discuss the issue of “Safe and Sane” fireworks and provide direction to City staff.
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4. Fiscal Impact
None.
5. Strategic Plan Goals
Goal 5: Recognize, Promote, and Preserve Orange’s Rich Heritage.
b. Increase activities, programs, and projects including partnerships with organizations sharing interest in Orange’s unique history.
6. Discussion and Background
On February 13, 2024, the Orange City Council discussed the City’s current “Safe and Sane” fireworks prohibition. At that meeting, the City Council directed staff to bring back specific information pertinent to “Safe and Sane” fireworks for further City Council consideration. The requested information included:
1. Would a measure have to be placed on a future ballot to rescind the current prohibition?
2. How many “Safe and Sane” firework permits should be issued per year?
3. What geographic boundaries should be implemented?
4. Confirm a 7% cost recovery to facilitate a “Safe and Sane” fireworks program.
5. Calls for service data from neighboring agencies where “Safe and Sane” fireworks are legal.
Each request is reviewed in turn:
Item 1: Would a measure have to be placed on a future ballot to rescind the current prohibition?
The current “Safe and Sane” fireworks ban has been in place for over 30 years. It was enacted via Measure L which passed at the November 6, 1990, General Municipal Election by 480 votes. The City Attorney’s office has reviewed and confirmed a measure would need to be placed on an upcoming ballot to rescind the current prohibition. It is estimated it would cost $8,000 to place a measure on the ballot. For reference, the legislative and ballot history pertinent to the current “Safe and Sane” fireworks prohibition is attached to this report.
Item 2: How many “Safe and Sane” fireworks permits should be issued per year?
Staff reviewed the 11 Orange County cities that allow “Safe and Sane” fireworks. The cities vary in permit issuances with the lowest at two (Los Alamitos) and the highest at 85 (Santa Ana). Given their experience in working with cities, staff spoke with a “Safe and Sane” fireworks manufacturer representative to identify a possible limit for Orange. Understanding the potential fire hazards in east Orange, the representative recommended eight permits per year. Attached is a list detailing the “Safe and Sane” fireworks permits allowed in the 11 Orange County cities along the corresponding municipal code citations and City Council resolutions (if applicable).
Item 3: What geographic boundaries should be implemented?
It is staff’s recommendation that east of Hewes Street be the cutoff to sell and use “Safe and Sane” fireworks.
Item 4: Confirm a 7% cost recovery to facilitate a “Safe and Sane” fireworks program.
Pursuant to Assembly Bill 1403 (Garcia), 7% of gross fireworks sales can be directed to the City for services that include “processing and issuing fireworks permits, inspection of fireworks stands, public awareness and education campaigns regarding the safe and responsible use of safe and sane fireworks, and related operation and suppression efforts.”
Item 5: Calls for service data from neighboring agencies where “Safe and Sane” fireworks are legal.
The City contacted Orange County cities that allow “Safe and Sane” fireworks to determine if it lessened firework related calls for service. Seven agencies responded. While they did not have quantitative data available, anecdotally, with the exception of one agency, the consensus is allowing “Safe and Sane” fireworks does not make a noticeable difference in firework related calls for service around the 4th of July holiday. The outlier agency noted “Safe and Sane” fireworks increased calls for service. This is because the agency adopted specific regulations on when “Safe and Sane” fireworks may be used, leading to more calls reporting "Safe and Sane" rule violations.
In considering the information provided in this report coupled with the understanding that Orange’s neighboring cities allow “Safe and Sane” fireworks, it is staff’s recommendation that the City Council discuss the issue of “Safe and Sane” fireworks and provide direction to City staff.
7. ATTACHMENTS
• Resolution No. 7627
• Ordinance No. 5-91
• November 6, 1990, Measure L Official Title/Summary, Arguments for and Against, Sample Ballot
• City Comparisons and Resolutions