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
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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,
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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
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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
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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