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HomeMy WebLinkAbout3755Ordinance No. 3755 (Amending or Repealing Ordinances) CFN=122 - Police/Fire Departments Passed - 6/7/2005 Fireworks - Public Displays and High Fire Danger (Amends Ch. 1305) Amends Ords. 3229;3168;3296;3491;3534;3609;3610 Amended by Ord. 3990 (Sec. 13.05.030) ORDINANCE NO. cJ 7 5 AN ORDINANCE of the city council of the city of Kent, Washington, amending Chapter 13.05 of the Kent City Code regarding fireworks to add additional events under which a permit for a public display of fireworks may be issued and adding a new section providing the fire marshal with the authority, commencing one year from the date of passage, to ban the sale, use, and discharge of fireworks within Kent city limits in the event the Washington State Department of Natural Resources declares a high fire danger exists. RECITALS A. Currently, KCC 13.05.030 allows individuals to apply for a permit in order to discharge fireworks as part of a public display for July 4"' ceremonies and high School homecoming ceremonies. Kent's fire marshal, however, often receives permit is for fireworks to be displayed at certain high school events and wedding )nies. Accordingly, the fire marshal has proposed amending KCC 13.05.030 to permits to be granted for public displays of fireworks for all celebrations Ily sanctioned by public or private high schools and in the observation of various )nial and celebratory events. B. The city council also recognizes the risk associated with discharging at a time when the fire danger is at its highest level as determined by the �n State Department of Natural Resources. Accordingly, the fire marshal 1 Fireworks — Public Displays and High Fire Danger should be given the authority to ban the sale, use, and discharge of fireworks within city limits in the event a high fire risk exists. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE 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. Sale, purchase or possession. It is legal to sell or purchase consumer fireworks within this city only during the following times and dates: from 12:00 noon to 11:00 p.m. on June 28th; and from 9:00 a.m. to 11:00 p.m. on each day from June 29th through July 4th. It is legal to possess consumer fireworks within this city from 12:00 noon on June 28th through 11:00 p.m. on July 4th. It shall not be legal to sell, purchase or possess consumer fireworks at any other time, specifically including, without limitation, from December 27th through December 31 st. B. Use and discharge. It is legal to use or discharge consumer fireworks within this city only between the hours of 9:00 a.m. and 11:00 p.m. on July 4th. It shall not be legal to use or discharge consumer fireworks at any other time, specifically including, limitation, from 6:00 p.m. on December 31st of any year until 1:00 a.m. of the year. Sec. 13.05.020. Local fireworks permits. Application for all local fireworks lits required by the state fireworks law, Chapter 70.77 RCW, shall be made to the marshal. The fee for such permit shall be established by city council resolution, 2 Fireworks — Public Displays and High Fire Danger 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 dollars ($5,000) for any one permit. 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 between the hours of 9:00 a.m. and 11:00 u.m: (1) on the fourth of July for Fourth of July ceremonies; or (2) for high school events of a state certified public or private high school; provided, that such events are officially sanctioned by theova erning body of such high (3) for wedding ceremonies. The issuance of a permit for a public display of fireworks for a time or purpose it than stated herein is not permitted unless approved by the city council ng consideration of the review, investigation and recommendation of the fire 1. For- pufpese ef♦his ser4ier "wheel" means a state eeAif eA publie ef private Sec. 13.05.040. Reckless discharge or use of fireworks. It is unlawful for any cm to discharge or use fireworks in a reckless manner which creates a substantial of death or serious physical injury to another person or damage to the property of 3 Fireworks — Public Displays and High Fire Danger 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. Sec. 13.05.060. Ban authority due to fire dancer. A. The city of Kent recognizes the unique risk that exists when the discharge of fireworks is combined with a high fire danger. Under such conditions, the city has determined that it is in the interests of the public health, safety and welfare to establish an emergency procedure for banning fireworks when the risk of fire is high B. The fire marshal, subject to the city council's prior approval may ban the sale, use, and/or discharge of fireworks within the city limits of Kent in the event the risk of fire in King County or the city of Kent has been determined by the Washington State Department of Natural Resources ("DNR") or a qualified DNR official, to be "very high/extreme" or otherwise at the highest fire danger level C. At each location at which fireworks are sold the vendor shall post a notice of at least eight inches by ten inches in size that shall contain the language set forth in subsection B of this section. Such notice shall be posted in such a manner that it is clearly visible to those who ppichase fireworks. SECTION Z — Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision 4 Fireworks — Public Displays and I7inl. 17.*Vn ni ..n.. shall not affect the validity of the remaining portion of this ordinance and the same I shall remain in full force and effect. SECTION 3. — Effective Date. Although this ordinance will take effect thirty (30) days from and after its passage, Kent City Code section 13.05.060 shall not become enforceable until one (1) year from and after the date of passage of this ordinance as provided by law. ATTEST: MAPy 51J-MM0 ✓s, AS TO FORM: ATTORNEY 5 Fireworks — Public Displays and High Fire Danger PASSED: '70 day of June, 2005. APPROVED: 7 day of June, 2005 PUBLISHED:// day of June, 2005. I hereby certify that this is a true copy of Ordinance No. 375 -1 - passed by the city council of the city of Kent, Washington, and approved by the mayor of the city of Kent as hereon indicated. P%1vJ',OROMgNCEpreraAr� Degee Me (SEAL) I4'1Ary S1neis. 1JtP C, � Fireworks — Public Displays and High Fire Danger