ORDINANCE NO. 2047

An Ordinance Amending Title 9 (Public Peace Morals and Welfare), Chapter 36 (Weapons and Fireworks) of the Hood River Municipal Code by Limiting the Time Within Which Fireworks May Lawfully be Discharged in the City of Hood River.

 The Hood River City Council adopts the following findings:
 WHEREAS, the City of Hood River is an Oregon home-rule charter municipal corporation with a City Charter that grants it all the powers and authority that the constitution, statutes and common law of the United States and this State expressly or impliedly grant or allow as though each such power was specifically enumerated; and

WHEREAS, the City has adopted by reference state Fireworks Law in ORS 480.110 through ORS 480.160 as Section 9.36.020 of the Hood River Municipal Code (HRMC); and

WHEREAS, the City desires to exercise its right under ORS 480.160 to further limit the dates during which fireworks may be detonated and to prohibit use of fireworks outside of these dates and during any period in which there is a declared fire emergency or burn ban; and

WHEREAS, the City Council considered such a code revision at its regular meeting on October 22, 2018, at which time it accepted public comment and testimony on the proposal.

 NOW THEREFORE, the City of Hood River ordains as follows:

Section 1 – Amendment.  Title 9 (Public Peace Morals and Welfare), Chapter 36 (Weapons and Fireworks), Section 9.36.020 (Oregon Fireworks Law Adopted) of the Hood River Municipal Code, is hereby amended to read as follows:

9.36.020 Oregon Fireworks Law Adopted.  The Oregon Fireworks Law, ORS 480.111 through ORS 480.165 including all amendments thereto is adopted by reference and made a part of this chapter.

Section 2 – Amendment.  Title 9 (Public Peace Morals and Welfare), Chapter 36 (Weapons and Fireworks), the Hood River Municipal Code, is hereby amended to add the following new section:

9.36.025  Limitations on the Sale and Discharge of Consumer Fireworks. 

(1) The sale of consumer fireworks is prohibited from July 7 through and including June 22 of each year.

(2)  The discharge of consumer fireworks is prohibited within the City limits from 12:01 a.m. July 15 until 11:59 p.m. November 15 each year.  In addition, the discharge of consumer fireworks shall be prohibited during any period in which there is a fire emergency or burn ban declared to be in effect by the Hood River Fire Chief. 

READ FOR THE FIRST TIME November ____, 2018. 
 
READ FOR THE SECOND TIME and adopted November _____, 2018.  This Ordinance shall take effect on the 31st day following the second reading.

 


__________________________
Paul Blackburn, Mayor

 

Attest:


    
Jennifer Gray, City Recorder  Approved as to Form:


     
Daniel Kearns, City Attorney