Ordinance No. 22-05 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 22-05
AN ORDINANCE RELATING TO THE REGULATION OF FIREWORKS WITHIN THE CITY OF
TIGARD
WHEREAS, the Tigard City Council has authority to exercise police powers within the City,including through
the regulation of fireworks;and
WHEREAS, ORS 480.160 further authorizes cities to adopt regulations around fireworks;and
WHEREAS, fireworks, especially those fireworks already illegal under state law, contribute to livability issues
such as noise and harm to veterans and pets;and
WHEREAS, the National Weather Service periodically issues "red flag warnings," for times in which fire
danger is deemed to be particularly dangerous and is based on drought conditions, high temperatures, low
relative humidity,high or erratic winds,and dry vegetation and fuel;and
WHEREAS, during periods for which a red flag warning is in effect, the use of any firework, including those
otherwise legal under Oregon law, creates an increased fire hazard;and
WHEREAS, Oregon law currently prohibits the sale, use, or discharge of any fireworks unless specifically
allowed under ORS 480.120 to ORS 480.124; however, enforcement is often difficult and these cases are not a
high priority for prosecution;and
WHEREAS, in order to further deter the use of illegal fireworks, and to allow City officials the ability to
enforce firework regulations in municipal court and impose civil penalties, the City Council finds it is
appropriate to enact municipal regulation of the sale,use,or discharge of these illegal fireworks;and
WHEREAS, in order to reduce the risk of a dangerous fire, the City Council finds it is appropriate to prohibit
the use and sale of all fireworks during red flag conditions.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 7.84 Firework Regulation is added to the Tigard Municipal Code to read as follows
(new text in underline):
7.84.010 Definitions
"Fireworks"has the meaning as defined in ORS 480.111.
"Person"means an individual or business entity.
"Red flag warning" means the warning issued by the National Weather Service indicating
extreme fire danger as a result of conditions such as drought, high temperature, low
humidity,high or erratic winds,and d1y vegetation and fuel.
ORDINANCE No. 22-05
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7.84.020 Illegal Fireworks Prohibited
A. Unless authorized pursuant to ORS 480.120 to ORS 480.124, a person is prohibited
from selling, keeping or offering for sale, exposing for sale, possessing, using,
exploding, or having exploded any fireworks within the City of Tigard, or allowing such
conduct to occur.
B. A person commits the offense of allowing conduct under subsection A of this section if
the person authorizes or permits such conduct to occur on real property that they own
or control. A rebuttable presumption exists that the owner or tenant has authorized or
permitted the conduct if the owner or tenant is present at the time of such conduct.
C. Violation of this section is punishable by a presumptive fine of$1,000, not to exceed
$1,500.
7.84.030 Temporary Prohibitions During Extreme Fire Danger
A. During times in which the City of Tigard is subject to a red flag warning,no person may
sell, or offer for sale, expose for sale, use, explode or have exploded any fireworks
within the City of Tigard,or allow such conduct to occur.
B. A person commits the offense of allowing conduct under subsection A of this section
to occur if the person authorizes or permits such conduct. A rebuttable presumption
exists that the person who owns or controls the real property on which the conduct
occurs has authorized or permitted the conduct if that person is on the property at the
time of such conduct.
C. Subsection A does not apply persons authorized by a permit from the State Fire
Marshal pursuant to ORS 480.130.
D. Violation of this section is punishable by a presumptive fine of$1,000, not to exceed
$1,500.
SECTION 2: If any provision of this ordinance or the application thereof to any person or circumstance
is held invalid, such invalidity does not affect the other provisions or applications of the
ordinance which can be given effect without the invalid provision or application, and to this
end the provisions of this ordinance are severable. This City Council hereby declares that it
would have adopted this ordinance irrespective of the invalidity of any particular portion
thereof and intends that the invalid portions should be severed and the balance of the
ordinance be enforced.
SECTION 3: This ordinance shall be effective 30 days after its passage by the council, signature by the
mayor,and posting by the city recorder.
PASSED: By majority vote of all council members present after being read by number
and title only,this 24th day of May ,2022.
ORDINANCE No. 22-05
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�
Jesse B. Raymundo,Deputy City Recorder
APPROVED: By Tigard City Council this 24th day of May ,2022.
.,r .
JasAn B. Snider,Mayor
Approved as to form:
-City Attorney
Date
ORDINANCE No. 22-05
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