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Duarte, California, Measure F, Fireworks Ban (November 2018)
| Measure F: Duarte Fireworks Ban |
|---|
|
| The basics |
| Election date: |
| November 6, 2018 |
| Status: |
 Approved
|
| Topic: |
| Local fireworks |
| Related articles |
| Local fireworks on the ballot November 6, 2018 ballot measures in California Los Angeles County, California ballot measures |
| See also |
| Duarte, California |
A measure designed to prohibit the sale and use of fireworks was on the ballot for Duarte voters in Los Angeles County, California, on November 6, 2018. It was approved.
| A yes vote was a vote in favor of prohibiting the sale and use of fireworks in the city, excluding the use of fireworks for permitted public displays. |
| A no vote was a vote against prohibiting the sale and use of fireworks in the city, excluding the use of fireworks for permitted public displays. |
Election results
|
Duarte, California, Measure F, Fireworks Ban (November 2018) |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
3,570 | 51.36% | ||
| No | 3,381 | 48.64% | ||
Text of measure
Ballot question
The ballot question was as follows:[1]
| “ |
Shall the City of Duarte’s Fireworks Ordinance (set forth in Chapter 15.05 of the Duarte Municipal Code) be amended to prohibit the sale and discharge of all fireworks everywhere in the City at all times unless the fireworks are part of a public display permitted pursuant to Section 15.05.090 of the Duarte Municipal Code? [2] |
” |
Impartial analysis
The following impartial analysis of the measure was prepared by the office of the Duarte City Attorney:
| “ |
This ballot measure proposes a change to the City of Duarte’s regulation of fireworks. It proposes a ban on all sales and use of fireworks, including “safe and sane” fireworks. The only exception would be when such fireworks discharge is part of a public display, which is subject to a permit. A “yes” vote is a vote in favor of the ban, and a vote to change the City’s current fireworks rules. A “no” vote is a vote against the ban, and a vote to leave intact the existing fireworks regulations. Currently, the Duarte Municipal Code permits the use and discharge of “safe and sane” fireworks only on July 4th, between the hours of noon and eleven p.m. Even on that date, any discharge north of Royal Oaks Drive (except specially designated areas within Royal Oaks Park) remains unlawful. In addition, the City issues up to five licenses to charitable “fraternal organizations” (as defined) for sale of fireworks pursuant to a specified application procedure. All licensees must agree to use their profits for youth activities, at which at least seventy five percent of the participating youth are from Duarte. This ballot measure would remove the entire current licensing application and issuance procedure, effectively making the sale of fireworks of any kind, by fraternal organizations or anyone, illegal in Duarte. It would also enact a city-wide ban on the use and discharge of fireworks in the City, on any day, in any location. The sole exception would be for public fireworks displays, subject to permits under the discretion of the fire chief. The ballot measure also removes the current ability of City Council to waive the one hundred dollar fee for such public displays for “fraternal organizations,” so that anyone seeking to conduct a public display, regardless of their status, would have to pay the fee. Under the existing Duarte Municipal code, violations of the fireworks sale and discharge regulations is subject to a one thousand dollar ($1,000.00) administrative fine, and violation of all other fireworks regulations are subject to fines of two hundred fifty dollars ($250.00) for the first offense, and five hundred dollars ($500.00) for all subsequent violations. This ballot measure provides for a one thousand dollar ($1,000.00) administrative fine for any fireworks-related offense, and retains the current law’s ability to cite violators with criminal misdemeanor violations.[2] |
” |
| —Duarte City Attorney[3] | ||
Full text
The full text of the measure is available here.
Support
Supporters
The following individuals signed the official argument in favor of the measure:[1]
- John Fasana, mayor
Arguments in favor
Official argument
The following official argument was submitted in favor of the measure:[1]
| “ |
Yes on Measure F stops the sale and discharge of all fireworks in Duarte. All Foothill communities, from LaCanada-Flintridge to Claremont, prohibit all fireworks - except Duarte and Azusa. In Los Angeles County, less than 22% of people live where fireworks are allowed, the other 78% recognize fireworks can lead to injuries, loss of property or death. For some, July 4th is family, friends, and neighbors enjoying barbecues, attempting to stay cool, and watching fireworks. But in many Duarte neighborhoods, setting off fireworks leads to deafening noise, shrieking car alarms, choking on polluted air, staying inside with traumatized pets, and chaos in the streets. The noise can trigger PTSD in veterans who served and defended our country. Our homes, our children, and our beautiful mountains are all at risk from increasing temperatures and drier conditions. In June 2016, the mountains caught fire. On July 6, 201 8, it was 119 degrees. We need to stop playing with fire! While community groups raise money from selling personal fireworks, they report most 2013-17 revenue went straight to the fireworks companies. There are safer more cost-efficient ways to raise funds, and healthier ways to celebrate! In Duarte, the "City of Health", quality of life and safety for all is more important than supporting fireworks companies. Allowing personal fireworks invites the use of illegal explosives. The problem is out of control and we need to take action now. Personal fireworks are not safe. If they were. they would be allowed north of Royal Oaks. Banning personal fireworks will lead to far fewer illegal fireworks and safer neighborhoods citywide. Without Measure F, the city council can allow personal fireworks anywhere without voter approval, including areas where they are currently banned. Yes on Measure F will require the city council to seek voter approval prior to allowing any fireworks anywhere. Vote Yes on Measure F. Learn more at: duartebanfireworks.com[2] |
” |
Opposition
Opponents
The following individuals signed the official argument against the measure:[1]
- Liz Reilley, mayor pro-tem
Arguments against
Official argument
The following official argument was submitted in opposition to the measure:[1]
| “ |
Vote NO on Measure Don't ban State Fire Marshal approved "Safe-and-Sane" fireworks. Measure F punishes our local, community, non-profit groups, and the residents they sewe, by taking away vital, annual funds used for: -Duarte High School student clubs, ACT-SO - Graduating senior scholarships, -Duarte High School sports uniforms, equipment, -Elementary music programs, -PVAs, Duarte Boxing, Duarte Library Reading Programs Many low income families are able to keep their children in sports at DHS thanks to the fireworks booths. Vote NO on Measure DO not ban "Safe-and-Sane" fireworks. Measure F not only punishes local community groups and residents, it rewards the smugglers of dangerous illegal fireworks, who will descend on Duarte. The dangers, problems, and concerns about illegal fireworks are being indiscriminately, and unfairly applied to "Safe-and-Sane" fireworks. There have been no injuries or property damage in Duarte due to "Safe-and-Sane" fireworks, ever. Illegal fireworks explode in the air; "Safe-and-Sane" do not. Vote NO on Measure F. Do not ban "Safe-and-Sane" fireworks. Measure F makes it a crime for families to celebrate the 4th of July. It is a death blow to an American tradition. Our Rights and Liberties are being eroded casually and slowly. Our family, friends, neighbors are denied their freedom to honor our Country by celebrating its Independence. A piece Of "Americana" will be lost, perhaps not important to some, but very important to us. Vote NO on Measure F. Do not ban "Safe-and-sane" fireworks. In Duarte, we have a strong July 4th tradition. Families and neighbors gather together and build community, while sitting in our yards and driveways, enjoying our fireworks, and each others company. July 4th has been celebrated With fireworks since 1777. This is What the Fourth Of July is all about. Don't take our "Safe-and-Sane" fireworks away. Vote NO on Measure F. [2] |
” |
Path to the ballot
This measure was put on the ballot through a successful initiative petition campaign.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 County of Los Angeles, "Current and Upcoming Elections," accessed September 30, 2018 Cite error: Invalid
<ref>tag; name "Info" defined multiple times with different content Cite error: Invalid<ref>tag; name "Info" defined multiple times with different content - ↑ 2.0 2.1 2.2 2.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ City of Duarte, "Impartial Analysis," accessed October 4, 2018
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