HomeMy WebLinkAbout3800CFN=0122 - Police/Fire Departments
Passed - 5/16/06
Fireworks - Prohibit Aerial Devices
The date ("Beginning July 1, 1998") has led to confusion. This date will be deleted from cover sheets of
ordinance/resolution revision pages. This cover sheet will be deleted on electronic pages only, no other
deletions or changes have been made to the document — 6/21/2012.
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ORDINANCE NO. 3 POO
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 a definition of
"common fireworks" to the chapter in such a manner that
would have the effect of prohibiting the sale, possession or
discharge of certain aerial type fireworks, and which
clarifies that fireworks that are not "consumer fireworks"
may not be sold, possessed, or discharged within the city
of Kent.
RECITALS
A. On the July Fourth holiday, and during the period leading up to and
lowing the holiday, the city's public safety system is stretched to its limits due to the
high volume of calls for assistance due to the discharge of fireworks. A majority of the
calls relate to fireworks that are launched into the air, which therefore create a fire
hazard to nearby property. A number of the calls also relate to the noise that aerial
cause, as well as the debris that lands on nearby property.
B. Certain aerial fireworks cause a substantial risk of fire due to ignited
falling on the rooftops of structures and on combustible vegetation. In
i, hot or ignited debris falling from aerial fireworks can present a risk to the
Ith of citizens.
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C. In an effort to limit the hazards and disturbance caused by aerial type
fireworks, the city council for Kent has determined that it is in the interest of the
public health, safety, and welfare to ban all aerial fireworks within the city limits.
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. 13.05.005. Definition --Consumer fireworks. As used in this
. �!__ " ._ ..._ --- --- i__ __ _i. ..._i c____ _[__n I__.._ a. _
Sec. 13.05.010. Sale and discharge of fireworks.
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 only 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,
ithout limitation, from December 27th through December 31st.
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
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including, without limitation, from 6:00 p.m. on December 31st of any year until 1:00
a.m. of the subsequent year.
C. Other fireworks prohibited. Except as provided by a Oermit properly applied
for and issued pursuant to this chapter and Chapter 70.77 RCW, it shall, at all times,
Sec. 13.05.020. Local fireworks permits. Application for all local
reworks 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
, 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,
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
cs between the hours of 9:00 a.m. and 11:00 p.m:
(1) on the fourth of July for Fourth of July ceremonies;
(2) for high school events of a state certified public or private high school;
d, that such events are officially sanctioned by the governing body of such high
or
(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
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following consideration of the review, investigation and recommendation of the fire
marshal.
Sec. 13.05.040. Reckless discharge or use of fireworks. It is unlawful
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. 13.05.050. 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 danger.
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,
f use, and/or discharge of fireworks within the city limits of Kent in the event the risk of
ire 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
t least eight inches by ten inches in size that shall contain the language set forth in
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subsection B of this section. Such notice shall be posted in such a manner that it is
clearly visible to those who purchase fireworks.
SECTION 2, — Severabi/itv If any one or more section, 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. i
SECTION 3, —Effective Date. This ordinanceshall a effect one year from
and after its date of adoption and passage.
4TTEST:
BRENDA JACOBER, CITY
APPROVED AS TO RM:
M BRU13'AKER, CITY ATTORNEY
KE, MAYOR
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ADOPTED and PASSED:
APPROVED:
PUBLISHED:
I hereby
adopted and passed by
by the mayor of the city
P\1
May
May _� 2006.
May / 2006.
i hat this is a true copy of Ordinance No.
city council of the city of Kent, Washington, and approved
Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
doc
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