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Ordinance No. 24-02 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 24-en 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, the Tigard City Council adopted Ordinance 22-05 on May 24, 2022,which included a provision banning the sale or use of all fireworks during times in which the National Weather Service has issued a"red flag warning" for the City;and WHEREAS, the implementation of the red flag prohibition in 2023 proved challenging and ineffective for both the City and the community;and WHEREAS, after subsequent discussions with the City Council, including consideration of a community survey,Council directed to remove the red flag warning prohibition from the City's fireworks regulations. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Chapter 7.84 of the Tigard Municipal Code is amended to read as follows (new text in underline, deleted text in strikcthrough): 7.84.030 Tcmporary Prohibitions During Extreme Fire Danger A. During times in which the City of Tigard i3 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. 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 i3 on the property at the time of such conduct. C. Subsection A does not apply to persons authorized by a permit from the State Fire Marshal pursuant to ORS 180.130. D. Violation of this section is punishable by a presumptive fine of$1,000, not to exceed $1,500. SECTION 2: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. ORDINANCE No. 24- (72 Page 1 PASSED: By Lit N A h I"d"d vote of all council members present after being read by number and title only,this "=`1 day of It,P ri/ ,2024. c�� 0 Jesse B. Raymundo,Deputy City Recorder APPROVED: By Tigard City Council this 0 day ofApril ,2024. (444Q-- Heidi Lueb,Mayor Approved as to form: City Attorney Date ORDINANCE No. 24- 0.1 Page 2