HomeMy WebLinkAbout3491Ordinance No. 3491
(Amending or Repealing Ordinances)
CFN=122 - Police/Fire Departments
Passed - 11/16/1999
Fireworks Fees (amends Chapter 13.05)
Amends Ords. 3058, 3168, 3229, 3296
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
Amended by Ord. 3990 (Sec. 13.05.030)
ORDINANCE NO. 3'M
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 13.05 of
the Kent City Code relating to fees for fireworks permits
and making other related amendments.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 13.05 of the Kent City Code is hereby amended
as follows:
Sec. 13.05.995010. Sale and discharge of fireworks.
A. Except as may be provided in RCW 70.77.311, no common fireworks shall be
sold within the municipal limits of the city 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.
B. The sale or discharge of common fireworks shall not be permitted on
December 31 of any given year and on January 1 of the subsequent year. The only
legal period for the sale and discharge of common fireworks are the dates and times
permitted in subsection (A).
Sec. 13.05.00020. 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 established by city council
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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.
Sec. 13.05.05030. Public display of fireworks. The fire marshal is
authorized, pursuant to RCW 70.77.280, to issue a permit for a public display of
fireworks. 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 (1) on the fourth of July for fourth of July ceremonies; or
(2) for high school homecoming games. 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. For purposes of this section, "school" means a
state certified public or private high school.
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. 13.05.930050. Penalty. Any person violating the provisions of KCC
13.05.010, KCC
13.05.0-9020, and 13.05.04-5030 herein 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). Any person violating the provisions of KCC 13.05.040
herein 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,
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continues or permits a violation of the provisions of this chapter. GG 13.05�e
SECTION 2. Severabilitv. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this Ordinance and the same
shall remain in full force and effect.
SECTION 3. Effective Date. This ordinance shall take effect and be in
force thirty (30) days from and after its passage, approval and p i44ation as provided
by law.
ATTEST:
JIM
BRENDA JACOBE TY CLERK
APPROVED AS TO FORM:
LUBOVICH, CITY A
PASSED: / (o day of
APPROVED: /7 day of
PUBLISHED: / 7 day of
1999.
1999.
1999.
I hereby certify that this is a true copy of Ordinance No. 3V9
passed by the City Council of the City of Kent, Washington, and approved by the
Mayor'of thii�City of Kent as hereon indicated.
(SEAL)
BRENDA JACO", CITY CLERK
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