HomeMy WebLinkAbout3610Ordinance No. 3610
(Amending or Repealing Ordinances)
CFN=122 - Police/Fire Departments
Passed 7/16/2002
Perpetual December 27 -December 31
(amends Chapter 13.05)
Amending Ords. 3168;3229;3296;3491;3534;3609 (Sec. 13.05.010)
Amending Ords. 3058;3229;3296;3491;3534;3609 (Sec. 13.05.010 &
Sec. 13.05.020)
Amended by Ord. 3755 (Sec. 13.05.030 & adding new Sec. 13.05.060)
Amended by Ord. 3990 (Sec. 13.05.030)
ORDINANCE NO. 360
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, use or
discharge of consumer fireworks each year from
December 27 through 1 00 a in., January 1, of the
subsequent year
WHEREAS, effective June 13, 2002, the Legislature enacted new
legislation, SSSB 6080, that allows the sale, purchase or possession of consumer
fireworks from 12 00 noon on December 27 of any year through December 31 of any
year and also allows the use and discharge of consumer fireworks from 6 00 p in on
December 31 of any year until 1 00 a in on January 1 of the subsequent year, 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 in on June 28th and from 9 00 a in to 11 00 p in on each day from June 29th through
July 0h 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 permanently prohibit the sale,
possession, use or discharge of consumer fireworks at any time other than the
1 Fireworks —13.05
Perpetual December 27 — December 31
28 to July 4 period described above and specifically intends to clarify that it is
biting the sale, purchase or possession of consumer fireworks from 12.00 noon on
mber 27 through December 31 of each year and prohibiting the use or discharge of
uner fireworks each year from 6 00 p in on December 31 until 100 a in on
❑-y 1 of the subsequent year 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
See. 13.05.010. Sale and discharge of fireworks.
A Sale, Purchase or Possession En e t .. y4)e « .aea .« ��
fisfa 12.00 neen on the tweiAy eighth day ef June to 1100 p fa en the foufth day e
my between the hours of 9.00 .. iffi and 1100 Ne eensumer fireworks fRay b
the ho s of n nn am and 1100 the
foutth day of T.^., It is legal to sell or rourchase consumer fireworks w>tlun this city
only during the following times and dates from 12 00 noon to 11.00 p in on June 28
and from 9 00 a m to 11 00 ro in on each day from June 29 through July 4 It is legal
to possess consumer fireworks within this city from 12 00 noon on June 28 through
11 00 ro in on July 4 It shall not be legal to sell purchase or possess consumer
fireworks at any other time, specifically including without limitation from December
27 through December 31
B Use and Discharge It chert net be legal to "en ..ehas possess,
dharge eeesumer fifewerks fiom 6 00—p fn on Deeember 31, 2902, hreugh
De"e�31�i-It is legal to use or discharge consumer fireworks within this city
only between the hours of 9 00 a in and 11 00 p in on July 0, It shall not be legal to
use or discharge consumer fireworks at any other time specifically including without
2 Fireworks — 13 05
Perpetual December 27— December 31
hmrtation, from 6.00 p in on December 31 of any year until 100 am 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 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 ($5,000) for any
one permit
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
Perpetual December 27— December 31
See. 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. Severabakty 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 fall force and effect
SECTION 3. g eettve Date Pursuant to RCW 70 77 250(4), this
ordinance is more restrictive than state law and must have an effective date no sooner
than one year after its adoption Accordingly, this ordinance shall take effect and be in
force one (1) year and one (1) day from and after its passage as provided by law
ATTEST
BRENDA JACOBER, CVY CLERK
APPROVED AS TO FORM
AUV,1'22u[eLt'
TOM BRUBAKER, CITY ATTORNEY
4 Fireworks — 13 05
Perpetual December 27— December 31
PASSED day of 12002
IL 11
APPROVED day of 12002
PUBLISHED a2 day of 2002
I hereby certify that this is a true copy of Ordinance No 36
passed by the City Council of the City of Kent, Washington, and approved by the
Mayor of the City of Kent as hereon indicated
(SEAL)
BRENDA JACOB ,CITY CLERK
P \Qn➢Ord�nence�Fireworksl305 Pe da Ne,Y.Y,.EbM.n470202 do
5 Fireworks —13.05
Perpetual December 27—December 31