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.
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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 Repealed.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on May 3, 1994, is hereby repealed in its entirety.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
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