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Home My WebLink About3990ORDINANCE NO. -:f 110 AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 13.05 of the Kent City Code 1 entitled, "Public Display of Fireworks," adding cultural events to the list of public display of fireworks and adding a new section 13.05 .070 1 entitled, "Permit for the use of firecrackers, salutes, and chasers," 1n order to be consistent with state law. RECITALS A. Currently, KCC 13 05.030 allows 1nd1v1duals to apply for a permit in order to discharge fireworks as part of a public display. Kent's fire marshal often receives permit requests for fireworks to be displayed at certain cultural events. The fire marshal has proposed amending KCC 13.05.030 to add cultural events to the list of events the fire marshal may grant, deny, or grant with reasonable cond1t1ons a permit for public display of fireworks. B. There 1s no prov1s1on currently in Chapter 13.05 allowing the city to issue permits to organizations for the use of firecrackers, salutes, and chasers for cultural events. C. The city's fire marshal desires to amend the current prov1s1ons of the KCC adding cultural events and Kent's annual tree 1 Public Display of Fireworks Amend Ch. 13. 05 lighting ceremony to the list of events that may apply for permits for the public display of fireworks, and also desires to adopt a new section 13.05.070 perm1tt1ng the use of firecrackers, salutes, and chasers for cultural events. NOW THEREFORE, THE CI1Y COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. -Amendment. Section 13.05 of the Kent City Code 1s amended as follows: Sec. 13.05.010. Sale and discharge of fireworks. A. Sale, purchase or possession. It 1s 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 1s legal to possess consumer fireworks w1th1n 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, spec1f1cally including, without l1m1tat1on, from December 27th through December 31st. B. Use and discharge. It is legal to use or discharge consumer fireworks w1th1n 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, spec1f1cally including, without l1m1tat1on, from 6:00 p.m. on December 31st of any year until 1:00 a.m. of the subsequent year. 2 Public Display of Fireworks Amend Ch. 13.05 Sec. 13.05.020. Local fireworks permits. Application for al I local fireworks permits required by the state fireworks law, Chapter 70.77 RCW 1 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 admm1strat1ve costs for permit processing, 1ssuance 1 and inspection. Pursuant to RCW 70. 77.5551 this permit fee and the costs for all needed permits and local licenses from appl1cat1on 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. Sec. 13.05.030. Public display of fireworks. A. The fire marshal 1s authorized, pursuant to RCW 70.77.280, to issue a permit for a public display of fireworks. After review and 1nvest1gat1on of an appl1cat1on for a permit, the fire marshal may grant, deny, or grant with reasonable cond1t1ons 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 of9:00 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-cert1f1ed public or private high school; provided, that such events are off1c1ally sanctioned by the governing body of such high school; et= 3. For wedding ceremonies-;-_;_ 4. For cw.ltural events: or 5. For Kent's annual tree lighting ceremony. B. 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 3 Public Display of Fireworks Amend Ch. 13. 05 by the city council 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 for any person to discharge or use fireworks in a reckless manner which creates a substantial risk of death or serious physical m3ury to another person or damage to the property of another. Sec. 13.05.050. Penalty. Any person v1olat1ng the prov1s1ons 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 v1olat1ng the prov1s1ons of KCC 13.05.040 shall be guilty of a 1 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 v1olat1on of the prov1s1ons 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 1s combined with a high fire danger. Under such cond1t1ons, the city has determined that 1t 1s 1n the interests of the public health, safety, and welfare to establish an emergency procedure for banning fireworks when the risk of fire 1s 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 l1m1ts of Kent 1n the event that the risk of fire 1n King County or the city of Kent has been determined by the Washington State Department of Natural Resources ("DNR"), or a qual1f1ed DNR off1c1al, to be "very high/extreme" or otherwise at the highest fire danger level. 4 Public Display of Fireworks Amend Ch. 13.05 c. At each location at which fireworks are sold, the vendor shall post a notice of at least eight (8) inches by ten (10) 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 1t 1s clearly v1s1ble to those who purchase fireworks. Sec. 13.05.070. Permit for the use of firecrackers, salutes, and chasers. The fire marshal 1s authorized, pursuant to RCW 70. 77.255. to issue a permit for the use of firecrackers, salutes. and chasers. as defined in Section 212-17-040 Washington Admin1strat1ve Code; provided that the fireworks were purchased from a licensed manufacturer, importer or wholesaler; are for use on pres_i;;:_nbed dates and locations; and are for reltgt0uscultural or specific purposes. After review of an appl1cat1on for a .Q_erm1t. the fire mar:shal may grant. deny, or grant with reasonable cond1t1ons a permit for the use of firecrackers. salutes and chasers: _grov1ded, however, that any such permit shall only be issued fo1· the discharge of firework_s between the hours of 9:00 a.m and 11:00 p.m. No fee shall be assessed for the permit. SECTION 2a. -Savmgs. The existing chapter 13.05 of the Kent City Code, which 1s amended by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 34. -Severab1/1ty. If any one or more section, subsections, or sentences of this ordinance are held to be unconst1tut1onal or 1nval1d, such decision shall not affect the val1d1ty of the remaining portion of this ordinance and the same shall remain 1n full force and effect. SECTION 45. -Correctmns by Citv Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the 5 Public Display of Fireworks Amend Ch. 13.05 correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and sect1on/subsect1on numbering. SECTION 56. -Effective Date. This ordinance shall take effect and be 1n force thirty (30) days from and after its passage as provided by law. --7 ~ OOKE, MAYOR ATTEST: --...... .:"" .- APPROVED AS TO FORM: PASSED: 15:' day of~~ , 2011. APPROVED: 15'° day of (.--Je~ev"u·-F , 2011. PUBLISHED: /ff day of ~ , 2011. I hereby certify that this 1s a true copy of Ordinance No . .J <f~O passed by the City Council of the City of Kent, Washington, and approved by the Mayor oftl1e City of Kent as hereon indicated. -/ -----/ ..:: - 6 Public Display of Fireworks Amend Ch. 1.3.05