Council unanimous on fireworks ban
By Terry Murry on Wednesday, June 30th, 2021 in Columbia Basin News More Top Stories
PENDLETON – The Pendleton City Council voted to establish a fireworks ban at a special meeting this evening (Wednesday). The vote came on the heels of Gov. Kate Brown declaring Umatilla County to be in a state of emergency due to a drought. Brown made it clear that she did not have the power to prohibit fireworks. That power, her office said, rested with local governments.
The council’s resolution also cited the ban enacted earlier today by Umatilla County. City Manager Robb Corbett said no one spoke in opposition to the ban. It will be enforced by both Pendleton Police Chief Chuck Byram and Pendleton Fire Chief Jim Critchley.
The resolution is printed below:
RESOLUTION NO. 2848
A RESOLUTION DECLARING AN EMERGENCY RELATED TO EXTREME HEAT AND THE DANGERS OF FIREWORKS; AND PROHIBITING THE USE OF FIREWORKS WITHIN THE CITY OF PENDLETON
The City Council of the City of Pendleton, Oregon, finds as follows:
WHEREAS, extraordinary heat and dry weather conditions have occurred within the City of Pendleton for multiple days with temperatures exceeding 100 degrees Fahrenheit, and
WHEREAS, the National Weather Service has issued a forecast for very hot temperatures to continue, with possibility of wind and thunderstorms for the region; and
WHEREAS, the current National Weather Service forecast for Pendleton shows daily high temperatures exceeding 90 degrees Fahrenheit through at least July 4, 2021;
WHEREAS, the extreme heat is contributing to an already high fire danger;
WHEREAS, according to the National Fire Protection Association, fireworks cause over 19,000 fires and require emergency room treatment for over 9,000 people in the United States each year;
WHEREAS, on June 29, 2021, the Oregon Governor issued Executive Order No 21-16 declaring a state of drought emergency in Umatilla County due to lack of precipitation, unusually low snowpack and streamflow;
WHEREAS, on June 30, 2021 Umatilla County enacted a ban on fireworks in the unincorporated areas of Umatilla County and ordered enforcement of said ban by the Umatilla County Sheriff;
WHEREAS, under ORS 401.309, the governing body of a city may declare, by resolution, that a state of emergency exists within the city, which resolution may establish procedures to prepare for and carry out activities to prevent, minimize, respond to, or recover from an emergency;
WHEREAS, under ORS 401.309 a declaration of state of emergency is necessary to protect life and property, to minimize danger to life and property, and to ensure the City of Pendleton has the appropriate resources to respond to the emergency.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pendleton, Oregon as follows:
1. Pursuant to the emergency powers granted by ORS 401.309, the City of Pendleton declares that a state of emergency exists as a result of extremely hot and dry weather conditions which have required emergency measures to be taken and City resources having been exhausted.
2. Conditions of Emergency. The following conditions have resulted in the need for a state of emergency:
A. Extreme heat and dry conditions;
B. Dangerous conditions for the use of fireworks; and
C. Significant likelihood of fire damage from the use of fireworks.
3. Authorizing activation of emergency operations and plans.
4. Use of Fireworks Prohibited. The use and explosion of any and all fireworks as defined by ORS 480.111 within the City of Pendleton, during this emergency is strictly prohibited. For purposes of this section, “use” includes lighting, exploding, or igniting in any way. Use of fireworks that are illegal under state law continues to be prohibited at all times.
5. Violations. A person who violates the prohibitions set forth in this resolution commits a civil infraction and shall be subject to a fine of $500 for each violation, and may be prosecuted in municipal court.
6. City Manager Authority. The City Manager, or designee, including the Fire Chief and Police Chief, is authorized to take all necessary actions authorized by law to enforce this resolution, and to create and implement policies and plans for prevention and protection of the public. The City Manager, or designee, is also authorized to coordinate response and recovery efforts related to this emergency, including, but not limited to, requesting assistance from the State of Oregon, and Umatilla County and to make necessary procurements.
7. Authorizing this declaration of emergency shall continue for as long as the Governor’s Executive Order 21-16 remains in effect.PASSED by the City Council of the City of Pendleton, Oregon, on June 30, 2021.
