ORDINANCE NO. __________
AN ORDINANCE RELATING TO FIREWORKS,
AND AMENDING AMC 15.28.070
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession; and
WHEREAS, the above referenced grant of power has been interpreted as affording all legislative
powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v.
International Ass’n of Firefighters, Local 1660, Beaverton Shop, 20 Or. App. 293, 531 P 2d 730,
734 (1975); and
WHEREAS, fuel loading, terrain slope and aspect, and narrow steep streets make fires both
more likely and more difficult to fight in some areas of Ashland; and
WHEREAS, the City should protect against fires caused by fireworks by limiting the geographic
area in which fireworks are allowed;
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 15.28.070 [Amendments to the Oregon Fire Code] is hereby amended to
read as follows:
15.28.070 Amendments to the Oregon Fire Code
The Oregon Fire Code is amended in the following respects:
A. Section 506.1 Replace the second sentence as follows: The key box shall be of an
approved type, installed and maintained in accordance with manufacturers
instructions, and shall contain keys to gain necessary access as required by the fire
code official.
B. Section 508.5.1 & Exceptions: Delete: and replace with the following: The approved
fire apparatus operating area must be located within 300 feet from a hydrant, as
measured by an approved route, along an approved driving surface. With the
installation of an approved automatic fire sprinkler system, hydrant distance may be
increased to 600 feet.
C. Section 3301: Notwithstanding ORS 480.110 through ORS 480.165 and OAR 837012-0600 through OAR 837-012-0675, the sale of retail fireworks as defined in OAR
837-012-0610 is prohibited within the City of Ashland. The use of retail fireworks
Page 1 of 2
within the City is prohibited during any declared fire season except when the
sale of fireworks is permitted within the State of Oregon pursuant to ORS
480.127 (June 23 to July 6 of each year).
D. Appendix D105.1 Change first sentence as follows: Buildings or portions of
buildings or facilities exceeding 24 feet in height above the lowest level of fire
department vehicles access shall be provided with approved fire apparatus access
roads capable of accommodating fire department aerial apparatus. Appendix
D105.2 & 105.3 Change 30 feet to 24 feet.
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 3. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence
at the time any criminal or civil enforcement actions were commenced, shall remain valid and in
full force and effect for purposes of all cases filed or commenced during the times said
ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation
that nothing in this Ordinance affects the validity of prosecutions commenced and continued
under the laws in effect at the time the matters were originally filed.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word “ordinance” may be changed to “code”, “article”, “section”, “chapter” or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 2-4) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the _____ day of ________________, 2010
and duly PASSED and ADOPTED this _____ day of ________________, 2010
_______________________________
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this
day of
, 2010.
________________________
John Stromberg, Mayor
Reviewed as to form:
____________________________
Richard Appicello, City Attorney
Page 2 of 2
ORDINANCE NO. __________
AN ORDINANCE RELATING TO FIREWORKS,
AND AMENDING AMC 15.28.070
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession; and
WHEREAS, the above referenced grant of power has been interpreted as affording all legislative
powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v.
International Ass’n of Firefighters, Local 1660, Beaverton Shop, 20 Or. App. 293, 531 P 2d 730,
734 (1975); and
WHEREAS, fuel loading, terrain slope and aspect, and narrow steep streets make fires both
more likely and more difficult to fight in some areas of Ashland; and
WHEREAS, the City should protect against fires caused by fireworks by limiting the geographic
area in which fireworks are allowed;
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 15.28.070 [Amendments to the Oregon Fire Code] is hereby amended to
read as follows:
15.28.070 Amendments to the Oregon Fire Code
The Oregon Fire Code is amended in the following respects:
A. Section 506.1 Replace the second sentence as follows: The key box shall be of an
approved type, installed and maintained in accordance with manufacturers
instructions, and shall contain keys to gain necessary access as required by the fire
code official.
B. Section 508.5.1 & Exceptions: Delete: and replace with the following: The approved
fire apparatus operating area must be located within 300 feet from a hydrant, as
measured by an approved route, along an approved driving surface. With the
installation of an approved automatic fire sprinkler system, hydrant distance may be
increased to 600 feet.
C. Section 3301: Notwithstanding ORS 480.110 through ORS 480.165 and OAR 837012-0600 through OAR 837-012-0675, the sale of retail fireworks as defined in OAR
837-012-0610 is prohibited within the City of Ashland. The use of retail fireworks
Page 1 of 3
within the City is prohibited except when authorized by special permit issued by
the Ashland Fire Chief or his/her designee. A special permit may be approved
only if the applicant can demonstrate compliance with the following criteria:
i. The fireworks display is proposed on property east of Siskiyou
Boulevard and North Main St; and
ii. The fireworks display will occur on private property under the
ownership or control of the applicant; and
iii. The area provided for the fireworks display is shown on a plot plan
submitted for approval and said plan shall demonstrate a minimum
fifteen foot horizontal and twelve foot vertical clearance from any
flammable structure, vegetation or other material; and
iv. Inspection and approval of the proposed site is required by AFR
personnel; and
v. The fireworks display involves only legal fireworks (1.4 grams) and
such fireworks are presented at the time of permit application; and
vi. The fireworks will be displayed only on July 4th between the hours of
6:00 PM and 10:00 PM; and
vii. The Fireworks will not be displayed if weather conditions specified on
the permit change so as to compromise safety (e.g. wind); and
viii. The application shall include the signature of an adult assuming
responsibility for all damage and injuries resulting from the display of
the fireworks, including proof of insurance and holding the City of
Ashland harmless; and
ix. The application shall require payment of a permit fee; and
x. No application will be accepted after 5 p.m. on July 1 of the year of the
display; and
xi. Any and all special safety conditions imposed by the Fire Chief shall
be complied with by the applicant; and
xii. The Fire Chief reserves the right to refuse to issue permits based on an
assessment of fire conditions and the availability of city resources for
administration and enforcement.
during any declared fire season except when the sale of fireworks is permitted
within the State of Oregon pursuant to ORS 480.127 (June 23 to July 6 of each
year).
D. Appendix D105.1 Change first sentence as follows: Buildings or portions of
buildings or facilities exceeding 24 feet in height above the lowest level of fire
department vehicles access shall be provided with approved fire apparatus access
roads capable of accommodating fire department aerial apparatus. Appendix
D105.2 & 105.3 Change 30 feet to 24 feet.
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 3. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence
at the time any criminal or civil enforcement actions were commenced, shall remain valid and in
full force and effect for purposes of all cases filed or commenced during the times said
ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation
Page 2 of 3
that nothing in this Ordinance affects the validity of prosecutions commenced and continued
under the laws in effect at the time the matters were originally filed.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word “ordinance” may be changed to “code”, “article”, “section”, “chapter” or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 2-4) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the _____ day of ________________, 2010
and duly PASSED and ADOPTED this _____ day of ________________, 2010
_______________________________
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this
day of
, 2010.
________________________
John Stromberg, Mayor
Reviewed as to form:
____________________________
Richard Appicello, City Attorney
Page 3 of 3
ORDINANCE NO. __________
AN ORDINANCE RELATING TO FIREWORKS,
AND AMENDING AMC 15.28.070
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession; and
WHEREAS, the above referenced grant of power has been interpreted as affording all legislative
powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v.
International Ass’n of Firefighters, Local 1660, Beaverton Shop, 20 Or. App. 293, 531 P 2d 730,
734 (1975); and
WHEREAS, fuel loading, terrain slope and aspect, and narrow steep streets make fires both
more likely and more difficult to fight in some areas of Ashland; and
WHEREAS, the City should protect against fires caused by fireworks by limiting the geographic
area in which fireworks are allowed;
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 15.28.070 [Amendments to the Oregon Fire Code] is hereby amended to
read as follows:
15.28.070 Amendments to the Oregon Fire Code
The Oregon Fire Code is amended in the following respects:
A. Section 506.1 Replace the second sentence as follows: The key box shall be of an
approved type, installed and maintained in accordance with manufacturers
instructions, and shall contain keys to gain necessary access as required by the fire
code official.
B. Section 508.5.1 & Exceptions: Delete: and replace with the following: The approved
fire apparatus operating area must be located within 300 feet from a hydrant, as
measured by an approved route, along an approved driving surface. With the
installation of an approved automatic fire sprinkler system, hydrant distance may be
increased to 600 feet.
C. Section 3301: Notwithstanding ORS 480.110 through ORS 480.165 and OAR 837012-0600 through OAR 837-012-0675, the sale of retail fireworks as defined in OAR
837-012-0610 is prohibited within the City of Ashland. The use of retail fireworks
Page 1 of 2
within the City is prohibited at all times in the area of the City west of Siskiyou
Boulevard and North Main Street during any declared fire season except when
the sale of fireworks is permitted within the State of Oregon pursuant to ORS
480.127 (June 23 to July 6 of each year).
D. Appendix D105.1 Change first sentence as follows: Buildings or portions of
buildings or facilities exceeding 24 feet in height above the lowest level of fire
department vehicles access shall be provided with approved fire apparatus access
roads capable of accommodating fire department aerial apparatus. Appendix
D105.2 & 105.3 Change 30 feet to 24 feet.
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 3. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence
at the time any criminal or civil enforcement actions were commenced, shall remain valid and in
full force and effect for purposes of all cases filed or commenced during the times said
ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation
that nothing in this Ordinance affects the validity of prosecutions commenced and continued
under the laws in effect at the time the matters were originally filed.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word “ordinance” may be changed to “code”, “article”, “section”, “chapter” or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 2-4) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the _____ day of ________________, 2010
and duly PASSED and ADOPTED this _____ day of ________________, 2010
_______________________________
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this
day of
, 2010.
________________________
John Stromberg, Mayor
Reviewed as to form:
____________________________
Richard Appicello, City Attorney
Page 2 of 2