Agenda - 04-05-2016 - 6-a - Minutes

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8 1 John Roberts said fireworks are an activity licensed by the State and the County cannot 2 make illegal something that the State declares legal. 3 Commissioner Jacobs said some fireworks displays go high and far and asked if the 4 State regulations require the fireworks to stay on the property where they are shooting. He 5 asked if the regulations state that the fallout has to stay on the property. 6 Jason Shepherd said part of the process is that a vendor has to show the fall out zone 7 on the permit and if it looks like it will fall on other properties, the plan will not be approved. He 8 said permits are not issued until the site has been physically reviewed just prior to the event. 9 He said many conditions must be met, including safe weather, proximity to neighbors, etc. 10 Commissioner Pelissier said the abstract is not clear that pyrotechnics must be 11 permitted but permits are a state regulation. She said the public must be clearly informed that 12 the State made this regulation. 13 Commissioner Pelissier asked if it is possible to limit the duration of the fireworks. 14 Jason Shepherd referred to the isolated incident in question and said the cloud 15 coverage prevented the noise from going up and thus it went far and wide instead. He said if 16 the weather had been clearer the event would have been much quieter. 17 John Roberts said reasonable time limits can be placed on displays. He said in the 18 middle of the summer time a reasonable limit may be 11:00 p.m. 19 Chair McKee said he is concerned with the proposed jail time for violations and he would 20 not be able to vote for this given the 30-day incarceration. 21 John Roberts said such an incarceration is the penalty for any of the County's general 22 code of ordinances. He said the Board can change a penalty in any section of the ordinance. 23 Jason Shepherd said all of the permit criteria and benchmarks have to be met before he 24 will issue a permit. 25 Chair McKee said if all of the requirements to get a permit have been met, then how can 26 one violate the ordinance and receive a fine or the 30-day incarceration. 27 John Roberts said there could be misrepresentation of facts or there could be a mistake 28 made in the Fire Marshall's office. 29 Commissioner Rich clarified that the fine and incarceration penalties are the same with 30 all of their general ordinances. 31 John Roberts said yes. 32 Commissioner Rich asked if there is a process for determining the penalty. 33 John Roberts said if it were a criminal infraction the prosecuting Assistant District 34 Attorney would determine the penalty. He said he has never seen anyone go to jail and it is 35 there as a deterrent and a negotiating tool. He said fines are far more common. 36 Jason Shepherd said there could be a pyrotechnic display in the County that did not 37 come through the Fire Marshal's office for a permit. 38 Chair McKee said he has no problem with fines, just the 30-days incarceration. 39 40 PUBLIC COMMENT: 41 Virginia Leslie read a handout, which is incorporated here by reference. She said 42 Current Orange County noise ordinance prohibits these types of fireworks, and she asked all 43 County officials maintain the current ban on fireworks and pyrotechnics. 44 Joyce McGuire said she too was a neighbor close to this incident, and she disagreed 45 with Fire Marshal, as the fallout fell on her property. She said her home vibrated, and her dog 46 was traumatized. She said the law was broken because she did not receive notification of the 47 event 10 days in advance, but rather the day the before the event via email, which many people 48 in her neighborhood do not access. She said it is ludicrous that fireworks are allowed in rural 49 Orange County. 50