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HomeMy WebLinkAbout3168Ordinance No. 3168 ["Beginning July 1, 1998"] (Amending or Repealing Ordinances) CONO=0122 — Police/Fire Departments Passed — 5/17/1994 Restricting the time for sale of fireworks & Repealing Ord. 3164 Amended by Ord 3491 Readopted, re-enacted, ratified and confirming rates & fees by Ord 3534 Amended by Ords 3609,3610 (Sec. 13 05.010 & 020) Amended by Ord 3755 (Sec. 13 05) ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, restricting the time for sale of fireworks, limiting the time for discharge of fireworks and repealing Ordinance No. 3164. 3Aed14 / ZT o. WHEREAS, pursuant to RCW 70.77.395 and pursuant to the aq Washington Supreme Court decision, Brown v.Yakima, 116 Wn.2d. 556 3d I (1991), the City has the authority to restrict the sale and discharge of fireworks; and WHEREAS, the Kent City Council adopted Ordinance No. 3164 restricting the sale and discharge of fireworks within the City of Kent; and WHEREAS, pursuant to RCW 70.77.395, common fireworks may only be sold or discharged between the hours of 9:00 a.m. and 11:00 p.m. on the days authorized for sale or discharge, and Ordinance No. 3164 allows the discharge of fireworks until 12:00 midnight, which inconsistency in hours should be corrected and clarified; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Recitals Incorporated. The foregoing recitals are by this reference incorporated herein and made a part hereof. Section 2. Repealed. Ordinance No. 3164 restricting the sale and discharge of fireworks, adopted by the Kent City Council on May 3, 1994, is hereby repealed in its entirety. Section 3. New Section. The following new section 13.05.005 shall be added to the Kent City Code: Sec. 13.05.005. Sale and discharge of fireworks Except as may be provided in Section 70 77 311 of the Revised Code of Washington no common fireworks shall be sold within the municipal limits of the City of Kent except from 12:00 noon on the twenty-eighth day of June to 11:00 p.m. on the fourth day of July between the hours of 9:00 a.m. and 11:00 p.m. No common fireworks may be discharged at any time except between the hours of 9.00 a.m. and 11:00 p.m. on the fourth day of July. Section 4. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final approval and passage as provided by E ATTEST: "BRENDA JACOBER CI CLERK APPROVED AS TO FORM: 4O R *LUVICH, CITY ATTORN PASSED the Z 7 day of , APPROVED the It day of , PUBLISHED the o -L9 day of , I hereby certify that this is a true and correct copy of Ordinance No. -3/tok , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent hereon indicated. FIREWRK5.ord BRENDA JACOBE CI Y CLERK 3