HomeMy WebLinkAbout3609Ordinance No. 3609
(Amending or Repealing Ordinances)
CFN=122 - Police/Fire Departments
Passed - 7/16/2002
Fireworks - 13.05 December 27 -December 31, 2002
(amends Chapter 13.05)
Amending Ords. 3168; 3229; 3296; 3491; 3534
Amended by Ord. 3610
Amended by Ord. 3755
Amended by Ord. 3990 (Sec. 13.05.030)
ORDINANCE NO. 34 07
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 13 05 of
the Kent City Code, entitled "Fireworks," and
prohibiting the sale, purchase, possession, or use of
consumer fireworks from December 27, 2002 through
December 31, 2002
WHEREAS, the Legislature recently enacted new legislation, SSSB
6080, effective June 13, 2002, regarding the sale, purchase, possession, and discharge
of consumer fireworks, and
WHEREAS, the new legislation redefines the statutory definition of
"common" fireworks as "consumer" fireworks, and
WHEREAS, it is appropriate to make the City's local fireworks
ordinance consistent with the new law by referencing "consumer" fireworks instead of
"common" fireworks, and
WHEREAS, the new legislation also allows the sale, purchase,
possession or use of consumer fireworks from December 27, 2002, through December
31, 2002, and
WHEREAS, the new legislation requires that if a city elects to limit or
prohibit the sale, purchase, possession or use of consumer fireworks from December
1 Fireworks —13 05
December 27—December 31, 2002
27, 2002, through December 31, 2002, it must enact an ordinance within sixty (60)
days of the effective date of the legislation, and
WHEREAS, the City's existing local ordinance currently permits the
sale, purchase or possession of consumer fireworks only between 12 00 p in to 11 00
p.m. on June 28th and from 9.00 a in to 11 00 p in on each day from June 291h through
July 4`h of each year, and
WHEREAS, the City's existing local ordinance currently allows the
use or discharge of consumer fireworks from 9 00 a in. to 11 00 p in. on July 4 only,
and
WHEREAS, the City intends to declare it illegal to sell, purchase,
or use consumer fireworks from December 27 to December 31 of each year, or
any time other than that described above, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1. Amendment Chapter 13 05 of the Kent City Code,
entitled "Fireworks," is amended as follows
CHAPTER 13.05. FIREWORKS
Sec. 13.05.010. Sale and discharge of fireworks.
A Except as may be provided in RCW 70 77 311, no eonmrA r consumer
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 in on the fourth day of July between the
hours of 9 00 a in and 11 00 p in No eeffimenconsumer fireworks may be discharged
at any time except between the hours of 9 00 a.m. and 11.00 p in on the fourth day of
July
2 Fireworks —13.05
December 27— December 31, 2002
B The sale or dfse1,arge e f eeffunan firewefks ,.hall not be eEmitte.i
Deeembe« 31 ,.8any g-weii year and ei T...,..aTy 1 of the ,.4seq epA . v It shall not
be legal to sell, purchase, possess or use consumer fireworks on December 27, 2002,
through December 31, 2002 The only legal period for the sale and discharge of
common fireworks are the dates and times permitted in subsection (A) of this section
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 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
Sec. 13.05.030. 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
3 Fireworks -13.05
December 27 -December 31, 2002
Sec. 13.05.050. Penalty. Any person violating the provisions of KCC
13 05 010, 13 05 020, and 13 05 030 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
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
SECTION 2. Severabdi 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. E ective Date This ordinance shall take effect and be in
force thirty (30) days from and after its passage as provided by law
ATTEST
BRENDA JACOBER, YTY CLERK
APPROVED AS TO FORM
TOM BRUBAKER, CITY ATTORNEY
4 Fireworks —13.05
December 27—December 31, 2002
PASSED day of
APPROVED 1(o day of
PUBLISHED oUl day of
2002
2002.
I hereby certify that this is a true copy of Ordinance No 3(00
passed by the City Council of the City of Kent, Washington, and approved by the
Mayor of the City of Kent as hereon indicated
4(SEAL)
BRENDA JACOBE , CITY CLERK
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December 2 7 —December 31, 2002