City of Villa Park Safe and Sane Fireworks, Measure II (November 2014)

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A City of Villa Park Safe and Sane Fireworks, Measure II ballot question was on the November 4, 2014 election ballot for voters in the city of Villa Park in Orange County, California. It was approved.

Upon approval, Measure II authorized the sale and use of "Safe and Sane Fireworks" within the city. Without the approval of Measure II, the temporary permission for Safe and Sane Fireworks in the city would have expired. This temporary lift of the ban on all fireworks was approved in 2013 by the city council.

Voters in the city of Anaheim approved a similar measure in June of 2014. Voters in the city of Huntington Beach also voted on a "Safe and Sane Fireworks" measure - Measure T - in November.

Supporters pointed to the money that could be made for the city and for nonprofits, charity organizations and youth organizations by the sale of fireworks. They also argued that fireworks are an important tradition.

Opponents argued that any fireworks are dangerous in a fire-hazard area such as Villa Park and that the money to be made did not justify the danger and expense that comes along with the sale and use of fireworks.

Election results

Orange County, Measure II
Result		Votes	Percentage
a Yes		1,436	56.4%
No		1,109	43.6%

Election results via: Orange County Registrar of Voters

Text of measure

Ballot question

The question on the ballot appeared as:

“

Shall the ordinance be adopted allowing the sale, purchase, and use of Safe and Sane Fireworks within the City of Villa Park, subject to any and all reasonable regulations implemented by the City Council permitting such sale, purchase, and use?

”

Impartial analysis

The following impartial analysis was provided for Measure II:

“	Background/Existing Law On March 26, 2013, the City Council of the City of Villa Park added Article 11-2 to Chapter XI of the Villa Park Municipal Code. Article 11-2 temporarily permitted the purchase, sale, and use of "Safe and Sane Fireworks in the City, subject to certain restrictions. The term “Safe and Sane Fireworks” is defined by State law to include fireworks which do not come within the definition of "dangerous fireworks" or "exempt fireworks." Article 11-2 was originally intended to expire near the end of 2013. However, on December 17, 2013, the City Council extended the expiration date of Article 11-2 through the July 4, 2014 holiday and declared that the City Council would submit the question of the use and sale of Safe and Sane Fireworks to the City’s voters at the November 2014 election. Ballot Measure This measure would permit the purchase, sale, and use of Safe and Sane Fireworks in the City, subject to the rules and regulations established by the City Council. Specifically, this ballot measure proposes to add Section 11-2.05 to Article 11-2 of the Villa Park Municipal Code, which would permit the purchase, sale, and use of Safe and Sane Fireworks in the City subject to the rules and regulations established by the City Council. This ballot measure also proposes to repeal Section 11-2.11 of Article 11-2 of the Villa Park Municipal Code. The repeal of Section 11-2.11 would have the effect of eliminating the expiration date of the City’s temporary law permitting and regulating Safe and Sane Fireworks; as a consequence, the purchase, sale, and use of Safe and Sane Fireworks in the City of Villa Park, subject to the rules and regulations established by the City Council, would be permanently authorized, subject to further action by the City’s electorate. Legal Effect of this Ballot Measure If adopted, this ballot measure would permit the purchase, sale, and use of Safe and Sane Fireworks in the City, subject to the rules and regulations established by the City Council. The City Council could not completely ban Safe and Sane Fireworks without a subsequently approved ballot measure banning Safe and Sane Fireworks. If this ballot measure is not adopted, then the City’s Municipal Code provision permitting and regulating the use, sale, and purchase of Safe and Sane Fireworks will expire. A “Yes” vote is in favor of adopting this measure. A “No” vote is against adopting this measure. If a majority of voters vote “Yes,” then this measure will take effect ten days after the vote is declared by the City Council. This measure was placed on the ballot by the City Council.	”
—Todd Litfin, Villa Park City Attorney

Support

No official arguments in support of Measure II were submitted by the deadline. If you have an argument you would like to see posted here, please email the Local Ballot Measures Project staff writer.

Opposition

Opponents

The following individuals signed the official arguments in opposition to Measure II:

• Deborah Pauly, councilwoman of City of Villa Park
• MJ Lucero, treasurer of Villa Park Community Services Foundation
• Gwen MacAloney, widow of former Mayor Bill MacAloney
• Jeannie DeSantis-Poremba, president of the Villa Park Women’s League
• Roger Fitschen, retired City of Orange Professional Firefighter

Arguments against

The following was submitted as the official arguments in opposition to Measure II:

“	We live in a high-hazard fire zone. We have neither the financial resources nor manpower to enforce the ordinance and protect citizens from risks associated with sale and use of fireworks in our city. Safety professionals express myriad concerns. According to a 2008 Grand Jury Report, police and fire are often overwhelmed with calls for service and refer to sections of their cities as resembling “war zones.” The chaos has been indisputable: impassable streets, increased illegal fireworks and nonresidents setting up parties wherever they choose. Only 8 of 34 cities, and none of Orange County unincorporated areas, allow sale and use of so called “safe and sane” fireworks. It pains us to see Villa Park listed among cities like Santa Ana, Garden Grove, Stanton, Buena Park and Westminster. At least these are west of the 55, where fire risk is substantially lower. Like it or not, we have gang and criminal activity in Villa Park. Residents have valid concerns that our city’s singular location among east county cities that permit fireworks parties by nonresidents becomes an attraction for troublemakers. It invites them to case our city and homes for other illegal activity at some future date. We favor our identity as the “Hidden Jewel.” Yes, school booster clubs profit. However, only 8-percent of students actually live in Villa Park, but we are being asked to assume 100-percent of the risks. So far, we’ve dodged a bullet. How long will it be before we are not so lucky? Fireworks wholesalers are big for-profit businesses that offer significant inducements, including contributions to sympathetic politicians. Expect them to fund proponent campaigns. Don’t’ let them seduce you with their money. Keep Villa Park citizens and our homes safe. Vote NO!	”
—Deborah Pauly, MJ Lucero, Gwen MacAloney, Jeannie DeSantis-Poremba and Roger Fitschen

Safe and Sane Fireworks

According to state law, a "safe and sane firework" is any kind of firework that has been examined by the State Fire Marshal and been declared as "safe and sane." Moreover, this classification automatically excludes all "dangerous fireworks," which are classified as any of the following:

“	(a) Any fireworks which contain any of the following: (1) Arsenic sulfide, arsenates, or arsenites. (2) Boron (3) Chlorates, except: (A) In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included. (B) In caps and party poppers. (C) In those small items (such as ground spinners) wherein the total powder content does not exceed 4 grams of which not greater than 15 percent (or 600 milligrams) is potassium, sodium, or barium chlorate. (4) Gallates or Gallic acid. (5) Magnesium (magnesium-aluminum alloys, called magnalium, are permitted). (6) Mercury salts. (7) Phosphorus (red or white except that red phosphorus is permissible in caps and party poppers). (8) Picrates or picric acid. (9) Thiocyanates. (10) Titanium, except in particle size greater than 100-mesh. (11) Zirconium. (b) Firecrackers. (c) Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge. (d) Roman candles, including all devices which discharge balls of fire into the air. (e) Chasers, including all devices which dart or travel about the surface of the ground during discharge. (f) Sparklers more than 10 inches in length or one-fourth of one inch in diameter. (g) All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, autofoolers, cigarette loads, exploding golf balls, and trick matches. (h) Fireworks known as devil-on-the-walk, or any other fireworks which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this part. (i) Torpedoes of all kinds which explode on impact. (j) Fireworks kits. (k) Such other fireworks examined and tested by the State Fire Marshal and determined by him, with the advice of the State Board of Fire Services to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks.	”
—State Fire Marshal

Related measures

• City of Huntington Beach Safe and Sane Fireworks Charter Amendment, Measure T (November 2014) a
• City of Anaheim Council Authority to Regulate "Safe & Sane Fireworks," Measure E (June 2014) a

See also

• Local fireworks on the ballot
• Orange County, California ballot measures
• November 4, 2014 ballot measures in California

External links

Suggest a link

• Orange County Elections Office website