HomeMy WebLinkAboutCity Council Committees - Public Safety (Committee) - 05/08/2012 (3) Public Safety Committee Agenda
T Counalmembers Les Thomas • Dana Ralph • Bill Boyce, Chair
KEN
WASHINGTON
May 8, 2012
4:30 p.m.
Item Description Action Speaker Time Pg
1. Approval of Minutes 04/10/12 Yes BIII Boyce 3 min 1
2. Washington Traffic Safety Commission Yes Ken Thomas 3 min 5
grant amendment - ACCEPT and Amend the budget
3. Police Department Update - INFO ONLY No Ken Thomas 10 min 9
4. 2014 Medic One Levy Process No Jim Schneider 5 min 11
5. King County Survival Rates No Jim Schneider 5 min 13
6. Fireworks Ordinance - ADOPT Yes Pat Fitzpatrick 10 min 15
Unless otherwise noted, the Public Safety Committee meets the 2"d Tuesday of each month at 4:30 p.m.
in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895
For information please contact the Police Administration at (253) 856-5890
Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For
Too relay service call the Washington Telecommunications Relay Service at 1-800-833-6388.
' 1
KENT
WAS"TNGTO.
CITY OF KENT
PUBLIC SAFETY COMMITTEE MEETING MINUTES
April 10, 2012
COMMITTEE MEMBERS: Les Thomas, Dana Ralph, and Bill Boyce, Chair
• The meeting was called to order by Chair Boyce at 4:30 PM
• Chair Boyce called for changes to the agenda. There were none.
1. Approval of Minutes
L. Thomas moved to approve the minutes of the February 14, 2012 meeting.
The motion was seconded by D. Ralph and passed 3-0.
2. Amend KCC 9.36 — Traffic Code — Ordinance - ADOPT
Julie Stormes, City Prosecutor, provided a revised document to the members and
explained the proposed amendment adds new Section 9.36.075 to Traffic Code; "Duty in
the case of accident with pedestrian or vehicle propelled by human power". The new
section includes a criminal provision which allows the city to charge a motor vehicle
operator with the duty to stop and determine the physical condition of a pedestrian in the
case of an accident with a pedestrian or vehicle propelled by human power.
D. Ralph moved to recommend that City Council adopt the proposed ordinance
amending Chapter 9.36 of the Kent City Code, entitled "Traffic Code".
The motion was seconded by L. Thomas and passed 3-0.
3. Police Department Updates — INFO ONLY
Chief of Police Ken Thomas shared information about a Make-A-Wish Foundation event
that was held at the police station on April 7`h. Patrick, a six-year-old Kent School District
student who loves Legos and police was treated to a "Going Away Party"Just prior to his
trip to Lego Land in San Diego, California. A group of twenty family members and friends
surprised Patrick by meeting him at the station as he was escorted from his home by
Officer Whitley. Officer Whitley's wife, Diana, volunteers with the Foundation and is also a
KSD teacher so she was able to organize the perfect party for Patrick Red Robin arrived
for the party and donated a special lunch for the group. Everyone was given a tour of the
station, a close-up look at police vehicles and introduced to a couple of K-9 teams It was
a positive event for our department and it was an honor for our department to partner
with the Make-A-Wish Foundation for Patrick's party.
Chief Thomas spoke about the retreat held at the end of February for police department
managers. Two primary focus areas for the department are short-term goal setting for
enhancing and developing staff, to include succession planning, and enhancing and
developing investigative service models. Les Thomas and Dana Ralph were able to attend
the retreat. They both commended the facilitator, Support Services Manager Sheila Knapp,
for the way she handled the meeting.
Chief Thomas provided a staffing update on police officer hiring, stating that one lateral
and two entry level officers were hired on March 13th, and conditional offers have been
given to two additional lateral officers. Interviews of three lateral officers will occur over
the next two weeks. There are five police officer vacancies plus one commander vacancy.
He remarked that quality is number one in the hiring process and that the high level
hiring standards will not be compromised.
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Chief Thomas reported that CrimeReports.com is live now and available for residents to
use Crime Reports corn is an on-line tool that provides data on several types of crime that
occur in the city.
Chief Thomas stated the Jail population has experienced high peaks recently, creating a
strain on the corrections facility. Thirteen inmates were sent to the Chelan County Jail last
week on the contract basis to ease overcrowding at Kent's Jail.
Les Thomas asked Chief Thomas about a previous evening's news report of a car accident
involving a Kent Police car. Chief stated it was a non-injury collision involving one police
car and one citizen's car.
Dana Ralph asked Chief Thomas if he had any preliminary numbers on the success of the
recent DUI emphasis last Saturday. She rode-along with an officer and noted the good
cooperation between Washington State Patrol, Washington State Liquor Control Board,
Kent, Renton, Federal Way and Auburn Police Departments The multi-jurisdictional
emphasis resulted in 15 arrests, with Kent PD making the highest number of arrests.
4. Medical Mariivana - INFO ONLY
Chair Boyce invited Assistant City Attorney David Galazin to provide a summary of the
medical marijuana issue as it affects the City of Kent. Marijuana is a Schedule I controlled
substance at the federal level.
• 7/5/11 - City Council voted on and passed an emergency six-month moratorium on
medical marijuana. The Economic and Community Development Committee was tasked
to work on zoning issues regarding medical marijuana
• 7/22/11 - SB 5073 was passed by the Legislature and became effective The bill allows
dispensaries and collective gardens in the state. Governor Gregoire signed a partial veto
of the bill, deleting some sections and adding others. Section 1102.1 of the bill permits
cities to regulate "collective gardens" Several businesses had popped up in Kent as
"dispensaries" and then tried to categorize themselves as "collective gardens".
• 1/12/12 - The Economic and Community Development Committee reported that although
a proposal was received from Planning, the committee was not able to reach a consensus
after several meetings. City Council voted on and passed an extension of the
moratorium to July 2012. The extension will allow the Committee more time to work on
the issue.
D Ralph stated she cannot be supportive of medical marijuana dispensaries or collective
gardens, or of the zoning for them. She added that she took an oath in January as an
newly elected official to uphold the law. She asked if the city could make an outright ban
on dispensaries and collective gardens.
D. Galazin stated that marijuana is still illegal under federal law no matter what the state
has passed State law has specifically described "collective gardens". It also states that
cities are authorized and can exercise zoning requirements within a city by listing uses
available by each zone.
L. Thomas said he would like to see a permanent moratorium. He asked if this committee
could recommend this to the Economic and Community Development Committee.
Deputy City Attorney Pat Fitzpatrick provided Les Thomas a written motion with a
recommendation to the Economic and Community Development Committee to address
the matter of zoning. P. Fitzpatrick added it would be an appropriate recommendation for.
this committee to make to the other committee.
Public Safety Committee Minutes 2
April 10, 2012
3
D. Galazin stated there was potential for involvement of the Land Use and Planning Board
to hold a hearing on the issue, but Council has the prerogative to take back that right
and take on the responsibility themselves.
D Ralph asked what the timeframe would be for a public hearing. The Economic and
Community Development Committee meets on May 14th and a public hearing could be
held at the May 215t City Council meeting
D. Galazin distributed a draft ordinance to the members.
Added motion:
S. Medical Mariivana Zoning and Ordinance — Recommend
L. Thomas moved the Public Safety Committee hereby recommends that the
Economic and Community Development Committee address the matter of zoning
for medical marijuana dispensaries and collective gardens and further
recommends the committee pass an ordinance banning medical marijuana
dispensaries and collective gardens from the city of Kent.
The motion was seconded by D. Ralph and passed 3-0.
The meeting adjourned at 5:05 PM.
] hompson,
Public Safety Committee Secretary
Public Safety Committee Minutes 3
April 10, 2012
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POLICE DEPARTMENT
Kenneth E. Thomas, Chief of Police
Phone: 253-856-5888
KEN T Fax: 253-856-6802
WA 5 H IN G T ON
Address: 220 Fourth Avenue 5
Kent, WA. 98032-5895
DATE: May 8, 2012
TO: Public Safety Committee
SUBJECT: Washington Traffic Safety Commission additional funds - ACCEPT and amend
the budget
MOTION: I move to recommend the Kent Police Department accept the
additional funds in the amount of $5,000 from the Washington Traffic Safety
Commission and amend the budget.
SUMMARY: The additional funds will provide officer overtime funding to conduct traffic
safety emphasis patrols, In support of Target Zero priorities. This funding will be used
toward the "Home Safe Bar" operation.
EXHIBITS: Amendment #1 to WTSC MOU
BUDGET IMPACT: No city matching funds required.
BACKGROUND:
City of Kent Public Safety Committee WTSC Target Zero addl 5,000
May 8, 2012
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0�srnrBOA
o b�i
DY
AMENDMENT #1 TO FFY 2012
Memorandum of Understanding
between
Washington Traffic Safety Commission
and
Kent Police Department
THIS AMENDMENT #1 is made and entered into by and between the KENT
POLICE DEPARTMENT and the WASHINGTON TRAFFIC SAFETY
COMMISSION.
It is the purpose of this amendment to increase the amount of funding available
for the project titled "Target Zero Teams." This funding will be used towards the
"Home Safe Bar" operation to be conducted in South King County
IT IS, THEREFORE, MUTUALLY AGREED THAT:
This Amendment increases by $5,000 the amount available to the KENT
POLICE DEPARTMENT to participate in the Target Zero Teams — Home Safe
Bar project.
This agreement does not effect any other conditions of the original agreement or
the first amendment.
IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS
AGREEMENT:
Kent Police Department
Agen y
Washington Traffic Safety
Commission
ion
Co tra g Agent, Ken Thomas
Signature Date
1--
Date
8
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POLICE DEPARTMENT
\ � Ken Thomas, Chief of Police
v K>tNT Phone: 253-856-5888
w T Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: May 8, 2012
TO: Public Safety Committee
SUBJECT: Police Department Update - INFO ONLY
MOTION: NONE
SUMMARY: Chief of Police, Ken Thomas, will provide an update on the Police
Department.
Public Safety Committee KPD update
May 8, 2012
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Kent Fire Department
Internationally Accredited Fire Agency
24611 116th Avenue SE
Kent, WA 98030
Office: (253) 856-4300
i en , tovingto7i;and King County Fire District 37 Fax: (253) 856-6300
MEMORANDUM
DATE: May 8, 2012
TO: Public Safety Committee
FROM: Fire Chief Jim Schneider
SUBJECT: 2014 Medic One Levy Process
Chief Schneider will speak on the process.
Professionally and Compassionately Helping People
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Kent Fire Department
Internationally Accredited Fire Agency
24611 116`h Avenue SE
Kent, WA 98030
Office• (253) 856-4300
MUIT ng oh,°and'King County Fire District 37 Fox: (253) 856-6300
!M IUI MA
DATE: May 8, 2012
TO: Public Safety Committee
FROM: Fire Chief Jim Schneider
SUBJECT: King County Survival Rates
Chief Schneider wilt speak on the King County survival rates for witnessed cardiac arrest incidents in
2011.
1
Professionally and Compassionately Helping People
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15
LAW DEPARTMENT
Tom Brubaker, City Attorney
Phone: 253-856-5782
KEN T Fax: 253-856-6770
WASHING70N
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
May 8, 2012
To: Public Safety Committee
From: Arthur "Pat" Fitzpatrick, Deputy City Attorney
Regarding: Amend KCC 13.05 - Fireworks - Ordinance-Adopt
MOTION: Recommend council adopt Ordinance No. , amending and
adding new sections to chapter 13.05 of the Kent City Code, entitled "Fireworks."
SUMMARY:
Fireworks provide a traditional means of celebrating the Fourth of July and other
important community events. However, each year, the city receives a number of
complaints regarding the discharge of fireworks. An inordinate number of the
complaints relate to fireworks that are launched into the air and/or explode.
The City's current fireworks code is consistent with state law in that it permits
people to sell, purchase, and discharge "consumer fireworks." Consumer fireworks
are generally available at fireworks stands which are located within the City on a
seasonal basis. Some consumer fireworks, referred to as "aerial devices" by state
law, are designed to be launched into the air. These aerial devices are commonly
known as helicopters, aerial spinners, roman candles, mortars, mines and shells.
Some of the aerial devices contain explosives. In addition, some consumer
fireworks are explosives that are not aerial devices.
The laws of the state of Washington authorize cities to exercise control over the
sale, purchase and discharge of fireworks within their corporate boundaries. Due to
the numerous complaints received by the City, and the attendant impacts to the
health, safety and welfare of citizens of Kent presented by aerial and explosive
fireworks, staff has been directed to draft an ordinance prohibiting the sale,
purchase and discharge of aerial and explosive fireworks in Kent. This ordinance is
intended to strike a balance between the desire of the public to enjoy fireworks on
the Fourth of July, and the desire of the public to remain safe from hazards that
certain fireworks may present.
State law requires that any ordinance adopted by a city that is more restrictive of
state law have an effective date no sooner than one year after its adoption.
Therefore, if approved by Council prior to July 4, 2012, this ordinance will be
effective during the 2013 Fourth of July holiday.
BUDGET IMPACT: None
1
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CITY OF KENT
LAW DEPARTMENT
CIVIL DIVISION
220 4`"Avenue South
Kent, WA 98032
K ENT T Fax 253-856-6770
N A S.+IN(.ION
PHONE: 253-856-5770
Memorandum
To: Public Safety Committee
From: Arthur"Pat" Fitzpatrick, Deputy City Attorney
CC: Suzette Cooke, Mayor
Jim Schneider, Fire Chief, Regional Fire Authority
Jon Napier, Fire Marshall
Ken Thomas, Police Chief
Date: May 8, 2012
Re: Amendments to Kent City Code 13.05 - Fireworks
Under current law, consumer fireworks, including aerial and explosive fireworks, may be sold,
purchased, and discharged in the city of Kent for the period leading up to and including the
Fourth of July.
The City receives numerous complaints regarding the use of fireworks during this period.
Complaints include excessive noise, excessive litter, fire hazards and adverse impacts to
veterans of war and animals. In addition, the risk of fire and injury due to the use of fireworks
increases.
The noise complaints and complaints relating to the impacts on veterans and animals are
largely related to the discharge of explosive devices. Explosives can cause those suffering from
post-traumatic stress disorder to experience complications. Moreover, the explosive devices
have a tendency to cause stress to animals.
Fire hazards and excessive litter issues are compounded by the use of aerial devices that, once
discharged, are uncontrolled and often fall to property other than that of the person who
discharged the device. Litter is created by the aerial devices that is either ignored or which
cannot be accessed for clean-up by the responsible party. In addition, aerial devices can enter
areas in which people live or are gathered, or where flammable products are stored, and can
land in dry brush or on roof tops. The use of aerial devices increases the potential for injury or
property destruction.
The Mayor is proposing firework controls short of a ban in order to curtail the adverse impacts
that the discharge of explosive and aerial fireworks may cause. The attached ordinance would
continue to allow ground-based fireworks that are not associated with an explosive discharge.
The ordinance would prohibit only those fireworks that are launched into the air or explode.
The ordinance mirrors the effect of the fireworks laws in the city of Auburn, where, "If it goes
up or blows up, it is illegal." All other fireworks laws currently in effect in Kent would stay in
effect, such as regulations concerning public displays of fireworks or the reckless discharge of
fireworks.
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Memorandum
Page 2 -
May 8, 2012
Five of the seven municipalities surrounding Kent have fireworks laws that are more restrictive
than Kent's current laws. Federal Way, Renton, SeaTac and Tukwila ban all fireworks. Auburn
allows fireworks on July 4, but as noted above, prohibits aerial devices and explosives. The
other two Jurisdictions bordering Kent have laws similar to Kent's current law. The city of
Covington allows fireworks on July 4, and King County allows fireworks on July 4 and December
31. As other Jurisdictions around Kent restrict the sale and use of fireworks, there is a concern
that Kent may become a magnet for the discharge of fireworks.
State law permits municipalities to establish fireworks laws and regulations that are more
restrictive than state law. However, municipal fireworks laws that are more restrictive than
state law are not effective until one year after adoption. Therefore, if the attached ordinance is
adopted prior to July 4, 2012, it will not impact the sale, purchase or discharge of aerial or
explosive fireworks on July 4, 2012. Rather, the first time that aerial or explosive fireworks will
be prohibited will be over the July 4, 2013 holiday.
P\Civil\Motions-BIuesheets\Memo Amending KCC 13 05 Fireworks Dos
2
19
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending and adding
new sections to Chapter 13.05 of the Kent City
Code, entitled "Fireworks."
RECITALS
A. Fireworks provide a traditional means of celebrating the
Fourth of July and other important community events.
B. The laws of the state of Washington authorize cities to
exercise control over the sale, purchase and discharge of fireworks within
their corporate boundaries.
C. The City Council recognizes that aerial fireworks and fireworks
that create an explosion impact the public health, safety and welfare of
Kent residents by increasing the potential for injury to people and damage
to property, increasing litter, and causing discomfort to veterans and pets.
D. In order to reduce some of the negative impacts of aerial and
explosive fireworks, the council desires to prohibit the retail sale and
purchase, as well as the discharge, of aerial and explosive fireworks in the
city of Kent, but desires to retain the ability of Kent residents to celebrate
the Fourth of July with non-aerial and non-explosive fireworks.
1 Amend KCC 13.05 Fireworks
Ordinance
20
E. State law requires that any ordinance adopted by a city that
is more restrictive of state law have an effective date no sooner than one
year after its adoption.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Chapter 13.05 of the Kent City Code,
entitled, "Fireworks," is amended by adding three new sections, including
13.05.001, 13.05.005, and 13.05.007, and further amending the chapter
as follows:
Sec. 13.05.001. Intent. It is the intent of this chapter that the
laws of the city of Kent be more restrictive in terms of which consumer
fireworks may be sold or purchased at retail and discharged during Fourth
of July celebrations, and also to limit the sale and purchase at retail, and
discharge of consumer fireworks to the Fourth of July. It is otherwise the
intent of this chapter that the fireworks laws and regulations in the city of
Kent be consistent with those established in state laws and regulations
applicable to cities.
Sec. 13.05.005. Adoption of state fireworks statutes and
regulations - Limitations - Definition.
A. Except as amended or more specifically provided by Chapter 13.05
of the Kent City Code, Chapter 70.77 of the Revised Code of Washington,
and Chapter 212-17 of the Washington Administrative Code are hereby
adopted by reference, as now enacted or hereafter amended.
2 Amend KCC 13.05 Fireworks
Ordinance
21
B. To the extent permitted by state law, if a conflict exists between
Chapter 13.05 of the Kent City Code and state laws and regulations as set
forth in Chapter 70.77 of the Revised Code of Washington and Chapter
212-17 of the Washington Administrative Code, Chapter 13.05 of the Kent
City Code shall apply and govern.
C. As used in this chapter, the phrases "sale and purchase at retail"
and "sold and purchased at retail" shall mean the sale of consumer
fireworks by a retailer as defined in RCW 70.77.215 to a consumer, as
regulated pursuant to Chapter 70.77 and Part V of Chapter 212-17 of the
Washington Administrative Code.
Sec. 13.05.007. Permitted fireworks — Prohibited fireworks —
Exceotions.
A. Only the following consumer fireworks may be sold or purchased at
retail, or discharged in the city of Kent at those times specified in KCC
13.05.010:
1. Ground and hand-held sparkling devices including_
(a) Dipped stick, sparkler. Stick, or wire coated with
pyrotechnic composition that produces a shower of sparks upon ignition.
Total pyrotechnic composition may not exceed 100 grams per item. Those
devices containing any perchlorate or chlorate salts may not exceed 5
grams of pyrotechnic composition per item. Wire sparklers which contain
no magnesium and which contain less than 100 grams of composition per
item, not Division 1.4, 1.5, or 1.6 explosives under DOT regulations, are
f included in this category.
3 Amend KCC 13.05 Fireworks
Ordinance
22
(b) Cylindrical fountain. Cylindrical tubes not more than
3/4 inch (19 mm) inside diameter, containing up to 75 grams of
pyrotechnic composition. Upon ignition, a shower of colored sparks, and
sometimes a whistling effect is produced. This device may be provided
with a spike for insertion into the ground (spike fountain), a wood or
plastic base for placing on the ground (base fountain), or a wood or
cardboard handle, if intended to be hand-held (handle fountain).
(c) Cone fountain. Cardboard or heavy paper cone
containing up to 50 grams of pyrotechnic composition. The effect is the
same as that of a cylindrical fountain.
(d) Illuminating torch. Cylindrical tube containing up to
100 grams of pyrotechnic composition. Upon ignition, colored fire is
produced. May be spike, base, or hand-held.
(e) Wheel. Pyrotechnic device attached to a post or tree by
means of a nail or string_ Each wheel may contain up to six "driver" units;
tubes not exceeding 1/21nch (12.5 mm) inside diameter and containing up
to 60 grams of pyrotechnic composition. Total pyrotechnic composition of
each wheel shall not exceed 240 grams. Upon ignition, the wheel revolves,
producing a shower of color and sparks and, sometimes, a whistling effect.
,(f) Ground spinner. Small device similar to a wheel in
design and effect and placed on the ground and ignited. A shower of
sparks and color is produced by the rapidly spinning device.
(g) Flitter sparkler. Narrow paper tube filled with
pyrotechnic composition that produces color and sparks upon ignition This
4 Amend KCC 13.05 Fireworks
Ordinance
23
device does not have a fuse for ignition. The paper at one end of the tube
is ignited to make the device function.
2. Smoke devices, which consist of a tube or sphere containing
pyrotechnic composition that, upon ignition produce white or colored
smoke as the primary effect.
3. Combination items which include consumer fireworks
otherwise permitted by this section that contain a combination of two or
more of the effects described in this section.
4. Trick and novelty devices as that term is defined in section
212-17-030 of the Washington Administrative Code as currently enacted or
hereafter amended.
B. Sub]ect to subsection "C" of this section, the following consumer
fireworks may not be sold or purchased at retail, or discharged in the city
of Kent:
1. Aerial devices.
(a) Helicopter, aerial spinner. A tube not more than
1/21nch (12.5 mm) inside diameter and containing up to 20 grams of
pyrotechnic composition. A propeller or blade is attached, which, upon
ignition, lifts the rapidly spinning device into the air. A visible or audible
effect is produced at the height of flight.
(b) Roman candles. Heavy paper or cardboard tube
containing up to 20 grams of pyrotechnic composition. Upon ignition, up to
ten "stars" (pellets of pressed pyrotechnic composition that burn with
bright color) are individually expelled at several-second intervals.
5 Amend KCC 13.05 Fireworks
Ordinance
24
Cc) Mine. shell. Heavy cardboard or paper tube up to 2
1/2inches (63.5 mm) inside diameter attached to a wood or plastic base
and containing up to 40 grams of pyrotechnic composition. Upon ignition,
"stars," or other devices are propelled into the air. The tube remains on
the ground.
2. Aerial shells. A 1 3/4" or smaller cylindrical or spherical
cartridge containing up to 40 grams of chemical composition.
3. Mortars. A 1 3/4" or smaller cardboard tube in which aerial
shells are discharged into the air.
4. Division 1.4G explosives classified on January 1. 1984, as
consumer fireworks by the United States Department of
Transportation.
5. Firecrackers, salutes, or chasers.
6. Skyrockets or missile-type rockets.
C. The restrictions set forth in subsections A and B of this section shall
not apply to the:
1. Non-retail sale, purchase or discharge of such devices to the
extent that the seller, purchaser, or user of such devices has obtained a
proper license pursuant to state law and a proper permit from the city of
Kent and only to the extent that such acts or devices would be permitted
under state law, such as, but not limited to sales, purchases, and uses in
the course of a properly permitted public display of fireworks as that term
is defined in RCW 70.77.160 and regulated by KCC 13.05.030.
6 Amend KCC 13.05 Fireworks
Ordinance
25
# 2. Use of such devices by the various branches of the armed
forces of the United States.
3. Use of wildlife fireworks used for wildlife control as set forth
in RCW 70.77.311.
Sec. 13.05.010. Sale and discharge of fireworks.
A. Sale; or purchase It is legal to sell or purchase the
consumer fireworks set forth in KCC 13.05.007(A) within this city only
during the following times and dates: from 12:00 noon to 11:00 p.m. on
June 28th; and from 9:00 a.m. to 11:00 p.m. on each day from June 29th
through July 4th. it ,s legal to possess r f..-.....e F'(S within this
. It shall not
be legal to sell; or purchase,er pessess the consumer fireworks set forth in
KCC 13.05.007 at any other time, specifically including, without limitation,
from December 27th through December 31st.
B. Use and discharge. It is legal to use or discharge the consumer
fireworks set forth in KCC 13.05.007(A) within this city only between the
hours of 9:00 a.m. and 11:00 p.m. on July 4th. It shall not be legal to use
or discharge the consumer fireworks set forth in KCC 13.05.007 at any
other time, specifically including, without limitation, from 6:00 p.m. on
December 31st of any year until 1:00 a.m. of the subsequent year.
Sec. 13.05.020. Local fireworks permits. Application for all
local fireworks permits required by the state fireworks law, Chapter 70.77
RCW, shall be made to the fire marshal. The fee for such permit shall be
7 Amend KCC 13.05 Fireworks
Ordinance
26
established by city council resolution, which amount covers the city's
administrative costs for permit processing, issuance, and inspection.
Pursuant to RCW 70.77.555, this permit fee and the costs for all needed
permits and local licenses from application to and through processing,
issuance and inspection shall not exceed one hundred dollars ($100) for
any one (1) year, except that the fees for display permits will not exceed
five thousand dollars ($5,000) for any one (1) permit.
Sec. 13.05.030. Public display of fireworks.
A. The fire marshal is authorized, PHFSaant te RGW 70.77.2W to issue
a permit for a public display of fireworks, on the condition that such public
display of fireworks meets the requirements of Chapter 70.77 of the 1
Revised Code of Washington and Chapter 212-17 of the Washington
Administrative Code. _After review and investigation of an application for a
permit, the fire marshal may grant, deny, or grant with reasonable
conditions a permit for a public display of fireworks; provided, however,
that any such permit shall only be issued for the discharge of fireworks
between the hours of 9:00 a.m. and 11:00 p.m.:
1. On the fourth of July for fourth of July ceremonies;
2. For high school events of a state-certified public or private
high school; provided, that such events are officially sanctioned by the
governing body of such high school;
3. For wedding ceremonies;
4. For cultural events; or
5. For Kent's annual tree lighting ceremony.
B. The issuance of a permit for a public display of fireworks for a time
or purpose different than stated herein is not permitted unless approved
by the city council following consideration of the review, investigation and
recommendation of the fire marshal.
8 Amend KCC 13.05 Fireworks
Ordinance
27
Sec. 13.05.040. Reckless discharge or use of fireworks. It is
unlawful for any person to discharge or use fireworks in a reckless manner
which creates a substantial risk of death or serious physical injury to
another person or damage to the property of another.
Sec. 13.05.050. Penalty. Any person violating the provisions of
this chapterKCG 13.05.019 i ^r m^, and 13 95 ^'^ shall be guilty of a
misdemeanor, and shall be punished by imprisonment not to exceed ninety
(90) days and a fine not to exceed one thousand dollars ($1,000)i
provided, -7-4any person violating the provisions of KCC 13.05.040 shall be
guilty of a gross misdemeanor and shall be punished by imprisonment not
to exceed one (1) year and a fine not to exceed five thousand dollars
($5,000). A person is guilty of a separate offense for each day during
which he or she commits, continues, or permits a violation of the
provisions of this chapter.
Sec. 13.05.060. Ban authority due to fire danger.
A. The city of Kent recognizes the unique risk that exists when the
discharge of fireworks is combined with a high fire danger. Under such
conditions, the city has determined that it is in the interests of the public
health, safety, and welfare to establish an emergency procedure for
banning fireworks when the risk of fire is high.
B. The fire marshal, subject to the city council's prior approval, may
ban the sale, use, and/or discharge of fireworks within the city limits of
Kent in the event that the risk of fire in King County or the city of Kent has
been determined by the Washington State Department of Natural
Resources ("DNR"), or a qualified DNR official, to be "very high/extreme"
or otherwise at the highest fire danger level.
9 Amend KCC 13.05 Fireworks
Ordinance
28
C. At each location at which fireworks are sold, the vendor shall post a
notice of at least eight (8) inches by ten (10) inches in size that shall
contain the language set forth in subsection (B) of this section. Such notice
shall be posted in such a manner that it is clearly visible to those who
purchase fireworks.
Sec. 13.05.070 Permit for the use of firecrackers, salutes,
and chasers. The fire marshal is authorized, pursuant to RCW 70.77.255,
to issue a permit for the use of firecrackers, salutes, and chasers, as
defined in WAC 212-17-040; provided, that the fireworks were purchased
from a licensed manufacturer, importer or wholesaler; are for use on
prescribed dates and locations; and are for cultural or specific purposes.
After review of an application for a permit, the fire marshal may grant,
deny, or grant with reasonable conditions a permit for the use of
firecrackers, salutes and chasers; provided, however, that any such permit
shall only be issued for the discharge of fireworks between the hours of
9:00 a.m. and 11:00 p.m. No fee shall be assessed for the permit.
SECTION 2. - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 3. - Severabdity. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
10 Amend KCC 13.05 Fireworks
Ordinance
29
SECTION 4. - Effective Date. This ordinance shall take effect and
be in force one year after its adoption, as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA ]ACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of , 2012.
APPROVED: day of , 2012.
i
PUBLISHED: day of , 2012.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
3
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
P\Civil\Ordinance\amend 13 05 Fireworks docx
5
11 Amend KCC 13.05 Fireworks
Ordinance
30
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�;r
• Survival from Cardiac Arrest in King County
A Report from the King County EMS Medical 01 Section
March 2012
Prepared by Linda Becker
The rate of survival from out-of-hospital cardiac arrest in King County has been rising
and finally in 2011 reached 50% The survival rates in the figure below include only a
specific set of cardiac arrests those with bystander-witnessed arrests which were due to
heart disease and with a collapsing rhythm of ventricular fibrillation Survival from
witnessed VF is considered the primary metric for determining an EMS system's
success in the management of cardiac arrest
The figure below shows that after remaining quite constant for many years, survival
jumped from 34% in 2004 to 48% in 2005 There may be a number of factors
contributing to the increase, but the biggest one was a change in our protocol for
managing cardiac arrest Based upon evidence from animal studies indicating that
interruptions or delays in CPR immediately before or after defibrillation result in a lower
likelihood of survival, King County changed the protocol for CPR and defibrillation Three
successive shocks for ventricular fibrillation before beginning CPR were replaced by one
shock and two minutes of CPR before reanalysis, The "hands off' interval was greatly
reduced and survival improved
. The focus on CPR continues with "high performance" CPR, where greater rate, depth
and quality of chest compressions are getting widespread implementation The hope is
that this will lead to even higher rates of survival
Survival from Cardiac Arrest in King County 1996-2011
60
50
40 — --
mFill
30
2
c
u $
`m
n i
20 - -
10 — — —
0
• 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
Year
1
,a
Emergency Medical Services Division
401 Fifth Avenue, Suite 1200
Seattle, WA 98104-1818
206-296-4693 Fax 206-296-4866 Public Health
TTY Relay 711 — -
www.kingcountygov/health Seattle & King County
Dear Chief and Training Officer:
Break out the champagne! We did it' The survival rate for witnessed cases of VF cardiac
arrest was 50% for 2011. This is the highest rate ever achieved in King County and along
with Seattle, the highest rate in the world. During 2011, there were 126 cases of
witnessed VF and 63 patients were discharged alive from the hospital. The vast majority
had good neurological recovery. Survival from witnessed VF is an accepted international
metric to Judge a system's cardiac arrest performance.
Altogether the fire departments and paramedic programs treated a total of 841 patients in
cardiac arrest during 2011 (2.5 resuscitation attempts a day). There were 163 survivors
among the 841 cases. This larger number includes rhythms other than VF as well as all
causes of cardiac arrest. •
Congratulations to you and your department and most of all to the dispatchers, EMTs, and
paramedics who are the best there is. We are so proud to be part of this amazing EMS
system.
Jim Fogarty
Director, King County EMS
Mickey Eisenberg, MD, PhD
Medical Program Director, King County EMS
•
LAW DEPARTMENT
Tom Brubaker, City Attorney
Phone: 253-856-5782
KENT Fax: 253-856-6770
Yb A S H ING TON
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
May 8, 2012
To: Public Safety Committee
From: Arthur "Pat" Fitzpatrick, Deputy City Attorney
Regarding: Amend KCC 13.05 - Fireworks - Ordinance-Adopt
MOTION: Recommend council adopt Ordinance No. , amending and
adding new sections to chapter 13.05 of the Kent City Code, entitled "Fireworks."
SUMMARY:
Fireworks provide a traditional means of celebrating the Fourth of July and other
important community events. However, each year, the city receives a number of
complaints regarding the discharge of fireworks. An inordinate number of the
complaints relate to fireworks that are launched into the air and/or explode.
The City's current fireworks code is consistent with state law in that it permits
people to sell, purchase, and discharge "consumer fireworks." Consumer fireworks
are generally available at fireworks stands which are located within the City on a
seasonal basis. Some consumer fireworks, referred to as "aerial devices" by state
law, are designed to be launched into the air. These aerial devices are commonly
known as helicopters, aerial spinners, roman candles, mortars, mines and shells.
Some of the aerial devices contain explosives. In addition, some consumer
fireworks are explosives that are not aerial devices.
The laws of the state of Washington authorize cities to exercise control over the
sale, purchase and discharge of fireworks within their corporate boundaries. Due to
the numerous complaints received by the City, and the attendant impacts to the
health, safety and welfare of citizens of Kent presented by aerial and explosive
fireworks, staff has been directed to draft an ordinance prohibiting the sale,
purchase and discharge of aerial and explosive fireworks in Kent. This ordinance is
intended to strike a balance between the desire of the public to enjoy fireworks on
the Fourth of July, and the desire of the public to remain safe from hazards that
certain fireworks may present.
State law requires that any ordinance adopted by a city that is more restrictive of
state law have an effective date no sooner than one year after its adoption.
Therefore, if approved by Council prior to July 4, 2012, this ordinance will be
effective during the 2013 Fourth of July holiday.
BUDGET IMPACT: None
1
J
Thompson, Jolene
From: Office of The City Clerk [NoReply@IQM2 com]
Sent: Thursday, May 03, 2012 11 51 AM
Subject: Agenda - May 8, 2012 (Tue) - Public Safety Committee
If you have any questions regarding the Public Safety Committee Meeting Agenda, please contact Jo
Thompson at 253-856-5890 or by email ithompson(&kentwa gov
Please see the attached Agenda document for the following meeting:
Public Safety Committee
CC PS Regular Meeting
Tuesday, May 8, 2012 4:30 PM
220 Fourth Avenue S, Kent, WA 98032
Download PDF Agenda I View Web Agenda
Document Modified 5/3/2012 11 39 AM
If You no longer wish to be included in this distribution list you can remove yourself through the meeting web portal or reply to this
1