Agenda Item - 2021-05-04 - Number 7.2 - Ordinance 2870, Temporary Prohibition of Use and Sales of Fireworks 7.2
COUNCIL REPORT
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QREGoNI'
Subject: Temporary Prohibition of Use and Sales of Fireworks, and Causing or Permitting
Open Burning, Outdoor Open Flames, Outdoor Sparks or Outdoor Smoking During Extreme
Fire Risk (Ordinance 2870)
Meeting Date: May 4, 2021 Staff Member: Don Johnson, Fire Chief
Department: Fire Department
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑ Approval
❑ Public Hearing ❑ Denial
❑X Ordinance ❑ None Forwarded
❑ Resolution ❑ Not Applicable
❑ Information Only Comments:
❑ Council Direction
❑ Consent Agenda
Staff Recommendation: Enact Ordinance 2870, to allow the Fire Chief or Fire Marshal to
temporarily ban the sales and use of legal ground-based fireworks and other flame or spark
producing activities when the risk of fire in Lake Oswego is extreme.
Recommended Language for Motion: Move to enact Ordinance 2870
Project/ Issue Relates To: Council Goal 1B for 2021, "Update fireworks and outdoor fire
policies."
Issue before Council (Highlight Policy Question):
❑X Council Goals/Priorities ❑Adopted Master Plan(s) ❑Not Applicable
BACKGROUND
On March 11, 2021 Council approved a Work Plan to achieve Council Goal 1B for 2021, "Update
fireworks and outdoor fire policies."
503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city
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Staff addressed the Work Plan by first evaluating state law and the city code to ensure the city
code meets and takes advantage of all state law provisions; and by evaluating local fines and
fees to determine if any improvements should be recommended to Council. Staff also
researched fireworks ordinances in other municipalities that have more stringent ordinances
banning fireworks. Finally, staff conducted extensive outreach by using an online community
survey, community listening sessions, and meetings with constituent groups.
Staff confirmed that the city code aligns well with the State Fire Code, and that local fines are
set at the state maximum.
DISCUSSION
Community outreach efforts produced good results, with more than 850 participants. The
majority of respondents (65%) felt education and enforcement are important and that a local
ordinance allowing a temporary ban based on an extreme fire danger was a good idea (85% of
respondents favored). Less than half of all respondents supported a full ban on fireworks sales
and use.
Staff believes that Council's enactment of an ordinance allowing the Fire Marshal or Fire Chief
to temporarily ban some or all fireworks, flame or spark producing activities, and outdoor
smoking—which was the scope of the Declaration of State of Emergency issued by the City
Manager on Sept. 11, 202, under her emergency authority of LOC Art. 12.20 and ORS
Ch.401due to Clackamas County wildfires---- will allow for increased safety of residents when
there is an extreme risk of fire danger, without prohibiting those same activities that are at
other times safe when the risk of fire is not extreme.
Staff believes that an educational campaign targeted at safe use and disposal of legal fireworks
will be beneficial to residents, along with a broader campaign focused on wildfire prevention
and readiness. Staff will be addressing that educational component utilizing the City's
Communication Team beginning in late May and will build an annual campaign to increase
awareness, and encourage community safety.
Based on the research conducted, Staff developed several policy options for Council
consideration ranging from maintaining the status quo, to increased education and
enforcement, to enacting an ordinance that would allow a temporary ban based on fire risk, to
a full ban on all fireworks.
Staff presented information to the Council on April 20, 2021, to facilitate a Study Session to
review fireworks policies and consider potential updates and policy options related to the sale
and use legal ground-based fireworks in Lake Oswego. Council directed Staff to return with an
Ordinance authorizing the Fire Chief or Fire Marshal to temporarily ban the sales and use of
legal ground-based fireworks and other flame or spark producing activities when they
determine that the risk of fire in Lake Oswego is extreme. The Fire Chief or Fire Marshal
indicated that they will make that determination by relying heavily on the National Fire Danger
503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city
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Rating System (NFRDS), Extreme classification, provided by the Oregon Department of Forestry
(Option 3). (The City Attorney's Office advises that the City cannot delegate that rating decision
to the Oregon Dept. of Forestry, and accordingly the Fire Chief or Fire Marshal shall make the
decision based on their professional judgment using available information resources, including
the Dept. of Forestry fire risk ratings based on the NFRDS.)
Council also directed Staff to develop a fire prevention education program focusing of the safe
personal use and disposal of legal ground-based fireworks (Option 2)
RECOMMENDATION
Enact Ordinance 2870 as amended.
ATTACHMENTS
1. Ordinance 2870
503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city
ATTACHMENT 1
ORDINANCE 2870
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AMENDING LOC ARTICLE
15 FIRE PREVENTION CODE, TO ADD SECTION 15.06.616 TEMPORARY PROHIBITION OF USE
AND SALES OF FIREWORKS, AND CAUSING OR PERMITTING OPEN BURNING, OUTDOOR OPEN
FLAMES, OUTDOOR SPARKS OR OUTDOOR SMOKING DURING EXTREME FIRE RISK.
The City of Lake Oswego ordains as follows:
Section 1. LOC Article 15.06 of the Lake Oswego Code is hereby amended by adding the following
Section 15.06.616 Fireworks Sales and Use Temporary Ban text shown in double-underlined type
as follows:
15.06.616 Temporary Prohibition of Use and Sales of Fireworks, and Causing or Permitting
Open Burning, Outdoor Open Flames, Outdoor Sparks or Outdoor Smoking During Extreme Fire
Risk
1. Purpose: To reduce the risk of loss of life and damage to property and to the urban tree
canopy from fire during periods of extreme fire risk in the Lake Oswego area.
2. Definitions:
a. Fire Chief/ Fire Marshal: The appointed Fire Chief and Fire Marshal of the City of
Lake Oswego.
b. Fireworks: "Fireworks" as defined in ORS 480.111(7).
c. Person: individual or a business entity; for the purpose of this definition,
"business entity" means a corporation, association, partnership, limited liability company, limited
liability partnership or other legal entity.
d. Seller: Any person that sells, or offer for sale, or expose for sale fireworks within
the City of Lake Oswego for retail or wholesale purposes, including persons required to obtain
permits for fireworks sales or permits under ORS 480.150.
3. Analysis of Fire Danger;Authority to Issue Order
a. The Fire Chief or Fire Marshal shall, as such times as deemed appropriate for fire
risk, use reasonably available sources of information, e.g., National Weather Service and Or. Dept.
of Forestry District 13 reporting and modeling based on the National Fire Danger Rating (NFDR)
System,to make a judgment based on forecasted temperature, wind, relative humidity,fuel loads,
and topography of current or predicted conditions as to the level of fire danger within the City,
including external fire sources and the risk of fire ignition and spread from any source within the
City.
b. If, in the Fire Chief's or Fire Marshal's judgment,the fire risk is Extreme under the
NFDR classification (fires start quickly, spread furiously, and burn intensely; all fires are potentially
serious),the Fire Chief or Fire Marshal is authorized to issue an Order under subsection 4
temporarily prohibiting some or all of the following:
i. The use and sale of fireworks;
Ordinance No. 2870
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ii. Any open burning, including but not limited to, bonfires, recreational fires
and outdoor fireplaces;
iii. Any outdoor open flames, including:
(1). Open flame cooking devices, e.g., charcoal, gas and propane grills,
and camp stoves;
(2). Candles and lanterns;
(3). Outdoor heaters;
(4). Torches of any kind, including decorative torches and torches used
for construction and manufacturing (e.g., welding equipment); and
(5). Lighters or matches.
iv. Outdoor smoking.
v. Use of powered yard maintenance and construction equipment that
creates sparks, including but not limited to, lawnmowers, chainsaws, blowers and weed
whackers.
vi. Use of any device that causes an outdoor spark or flame, as outlined in the
2019 Oregon Fire Code.
4. Temporary Prohibition of the Use and Sale of Fireworks.
a. Upon issuance of a written Order by the Fire Chief or the Fire Marshal pursuant to
this section, no person shall, as relevant to the prohibition under Section 3.b above,
i. Sell, or offer for sale, expose for sale, use, explode or have exploded
fireworks;
ii. Cause, permit or suffer any open burning;
iii. Cause, permit or suffer any outdoor open flames;
iv. Cause, permit or suffer outdoor smoking;
v. Cause, permit or suffer use of powered yard maintenance and
construction equipment that creates sparks;
vi. Cause, permit or suffer use of any device that cause an outdoor spark or
flames, as outlined in the 2019 Oregon Fire Code
within Lake Oswego during the period of time stated in the Order, except either in accordance
with the terms of the Order or the person has been issued a written exemption by the Fire Chief
or Fire Marshal and the person's use conforms to the terms of the exemption.
b. The Order shall:
i. If less than the entirety of the area within the city boundaries is to be
subject to the Order, identify the area(s)that are subject to the Order;
ii. If the prohibition is to be less than 24 hours a day, state the time period
rohibited by the Order;
iii. If the prohibition is to apply to only certain classifications of fireworks,
identify the classifications of fireworks subject to the Order;
iv. If the prohibition is to apply to only certain types of activities under
subsection 4.a, above, identify the prohibited activities; and
v. Identify those persons who, without a written exemption issued by the Fire
Chief or Fire Marshal, are exempt from the Order. Unless specifically
stated in the Order, the Order supersedes any previously issued general
Ordinance No. 2870
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permit, such as a permit to sell fireworks, to conduct open burning, to
perform landscaping or construction work, or to use a device may cause an
outdoor spark or flame.
c. The Fire Chief or Fire Marshal may issue written exceptions to persons that, in the
Fire Chief's or Fire Marshal's determination, the person will conduct sales or use of fireworks, or
conduct other activities prohibited by the Order in a manner that will meet the purposes of this
Section and will not likely cause other persons to reasonably believe that the Order is terminated.
d. The Order may be revised, extended or terminated in the same manner as its
issuance.
5. Notice of Order. The Fire Chief or Fire Marshal issuing the Order shall cause notice of the
Order to be given to the public and sellers by:
a. Posting a copy of the Order in a place visible in each fire station of the City, City
Hall, and Library;
b. For Orders that prohibit the sale or use of fireworks, mailing to each Seller that has
a permit from the Fire Chief for the retail sale of consumer fireworks, as defined
by ORS 480.111, at such mailing address provided on the Seller's application to sell
consumer fireworks. The Fire Chief may, in lieu of mailing, either:
i. email a copy of the Order to the Seller's email address on the Seller's
application to sell consumer fireworks, or to such other electronic mail
delivery that is reasonably calculated to notify the Seller; or
ii. personal delivery of a copy of the Order to a person that is apparently in
charge of the sale of consumer fireworks at the Seller's locations approved
for the sale of consumer fireworks.
c. For Orders that prohibit the use of powered yard maintenance and construction
equipment, mailing to each person that has a city business license for such
business, at such mailing address provided on the business license application.
The Fire Chief may, in lieu of mailing, either:
i. email a copy of the Order to the business permit licensee's email address
on the business license application, or to such other electronic mail
delivery that is reasonably calculated to notify the business permit
licensee; or
ii. personal delivery of a copy of the Order to a person that is apparently in
charge of the business at the business license's business location(s).
d. Such other means as the Fire Chief or Fire Marshal may find provides public
notice, e.g.,to the local media, city website, local school district.
6. Penalties. A violation of any provision of this Subsection 4 is a civil violation and shall be
enforced pursuant to the provisions of LOC 34.04.101 to 34.04.145, and subject to the
maximum fine as provided by LOC 13.02.020. Each sale or use of a firework shall
constitute a separate violation.
Section 2. Severability. The provisions of this ordinance are severable. If any portion of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
Ordinance No. 2870
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remaining portions of this ordinance.
Enacted at the regular meeting of the City Council of the City of Lake Oswego held on the 4th day
of May, 2021.
AYES:
NOES:
ABSTAIN:
EXCUSED:
Joseph M. Buck, Mayor
ATTEST:
Kari Linder, City Recorder
APPROVED AS TO FORM:
Evan Boone, City Attorney Pro Tem
Ordinance No. 2870
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