HomeMy WebLinkAboutCity Council Committees - Public Safety Committee - 02/09/2016 (2) Public Safety Committee Agenda
Councilmembers: Dana Ralph – Les Thomas – Jim Berrios, Chair
February 9, 2016
4:30 p.m.
Item Description Action Speaker Time Page
1. Call to order Chair Berrios 1
2. Roll Call Chair Berrios 1
3. Changes to the Agenda Chair Berrios 1
4. Approval of Minutes, dated November 13,
2015
YES Chair Berrios 5 1
5. Ordinance Amending KCC 13.05 – Fireworks
– Recommend
YES Arthur “Pat”
Fitzpatrick
Deputy City
Attorney
45 7
6. Police Chief’s Update – Information Only
• School Zone Camera Report
• DDACTS Grant – Information Only
No Assistant Chief
Padilla
10 25
Unless otherwise noted, the Public Safety Committee meets at 4:30 p.m. on the second
Tuesday of each month in Kent City Hall, Council Chambers East, 220 4th Ave S, Kent, 98032.
For additional information please contact Kim Komoto at 253-856-5788 or via email at
kkomoto@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk’s
Office at 253-856-5725 in advance. For TDD relay service call Washington
Telecommunications Relay Service at 1-800-833-6388.
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LAW DEPARTMENT
Tom Brubaker, City Attorney
Phone: 253-856-5770
Fax: 253-856-6770
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
February 9, 2016
To: Public Safety Committee
From: Law Department
Regarding: Ordinance Amending KCC 13.05 – “Fireworks” - Recommend
SUMMARY: Last fall, the voters approved Advisory Proposition 1, recommending a
total ban on fireworks sales and use throughout the city. At the January 19 council
workshop, council discussed and considered a number of policy issues that needed
to be resolved with regard to the details of the ban, in order to make the ordinance
appropriately address community interests.
During the workshop, the council directed Pat Fitzpatrick, deputy city attorney, to
draft potential ordinance provisions that could be used to address the remaining
policy considerations. A memorandum addressing those policy issues, including
potential ordinance provisions to implement those policy considerations, is
attached, together with a copy of the draft ordinance discussed at the January 19
workshop.
BUDGET IMPACT: None
P:\Civil\Motions-BlueSheets\MotionSheet-Public Safety- Fireworks Ordinance.docx
Recommend council adopt an ordinance amending KCC 13.05, relating to
fireworks regulations in the City.
1
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OFFICE OF THE CITY ATTORNEY
CIVIL DIVISION
220 4th Avenue South
Kent, WA 98032
Fax: 253-856-6770
PHONE: 253-856-5770
Memo
To: Public Safety Committee
From: Arthur “Pat” Fitzpatrick, Deputy City Attorney
Copy: Kent City Council
Suzette Cooke, Mayor
Derek Matheson, Chief Administrative Officer
Tom Brubaker, City Attorney
Ken Thomas, Police Chief
Derek Kammerzell, Assistant Chief
Jon Napier, Division Chief/Fire Marshall
Date: February 9, 2016
Re: Options for dealing with permits for the display of fireworks.
In response to Advisory Proposition 1, Council has been considering an ordinance relating to the
banning of fireworks. At the Council Workshop of January 19, 2016, Council considered an
ordinance proposed by staff, and provided staff with directions regarding each section of the
proposed ordinance.
Attached to this memorandum, Council will find a revised draft of the proposed ordinance with
all amendments made in accordance with Council’s direction highlighted in yellow (Note: the
permit sections are highlighted in red per the below).
At the conclusion of the January 19, 2016, Workshop, the Council returned the ordinance to the
Public Safety Committee to consider the issue of public display permits. This memorandum
describes issues related to Kent’s current public display permit system, provides some
background regarding pyrotechnicians, provides options for Council’s consideration, and, as a
point of information, describes current law relating to permits for the discharge of consumer
fireworks which do not require discharge by a licensed pyrotechnic operator.
HISTORY OF PUBLIC DISPLAY PERMITS IN KENT CITY CODE
The concept of the public display permit was originally adopted into the Kent City Code on
May 21, 1996, around the time Lake Meridian was annexed to the City. Public display
permits were necessary to account for the official July 4 public display show that had
historically been put on by the Lake Meridian HOA when Lake Meridian was part of King
County. The code section adopted on May 21, 1996, allowed for the issuance of permits
for Fourth of July ceremonies, high school homecoming games, and at other times as
approved by the Council.
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The code was later amended on June 7, 2005, to allow firework permits for all high school
events and for weddings. It was amended again on February 15, 2011, to allow fireworks
permits for cultural events. Note that the main focus of allowing fireworks for cultural
events was to allow fireworks permits for religious events. However, out of concern for 1st
Amendment issues, it was recommended that the code refer to “cultural events” instead of
“religious events.”
THE USE OF FIREWORKS AT CULTURAL EVENTS AND DEFINITION OF “CULTURAL EVENT”
The City Attorney’s Office has researched the issue of fireworks at cultural events, and
there is very little definitive information available that would assist the City in properly
defining when fireworks are used for cultural events. It does appear that fireworks have
been used by a number of cultures for celebratory purposes, religious purposes, birthdays,
etc.
As noted in prior meetings, the phrase “cultural events” is exceptionally difficult to define.
As a result, it is almost impossible for the Fire Marshal to apply the phrase “cultural event”
to withhold a permit. The effect is that the phrase “cultural event” is virtually without
meaning for the purposes of determining whether a fireworks permit should be issued.
This in turn results in making public display permits available for almost any reason.
A NOTE ABOUT LICENSED PYROTECHNIC OPERATORS, THE COSTS OF PUBLIC DISPLAYS, AND
PUBLIC DISPLAY SAFETY REQUIREMENTS
We have performed research regarding licensed pyrotechnic operators in the state of
Washington and their availability. The licensing of pyrotechnic operators falls within the
jurisdiction of the Washington State Patrol. According to the WSP, there were 227 licensed
Washington pyrotechnicians in 2015. In order to become a licensed pyrotechnician, a
person must assist with setup and discharge at a minimum of six fireworks shows, provide
three fireworks industry references, pay a small application fee, and pass a state test. This
process can take from one to two years or more to complete.
Pyrotechnicians are generally paid based on the size of the display. The going rate appears
(the best we can tell) to be 8%-10% of the costs of the fireworks discharged. Thus, if a
pyrotechnician was contracted to discharge $2000 worth of fireworks, the pyrotechnician
would add 10%, and be paid $200. As a result, the show would cost $2,200 (plus
additional costs such as permit fees, insurance, etc.).
As far as safety requirements applicable to a public display, the Fire Marshall will apply
rules established in the Washington Administrative Code (“WAC”) as well as National Fire
Protection Rules (“NFPA”). Among the most significant rules are setback requirements that
apply to public displays. These setback requirements are based on the size of explosive
that is discharged – the larger the explosive, the greater the setback. Based on the
setback requirements, it appears that it would be very difficult for a person to obtain a
public display permit to discharge fireworks in a single family neighborhood, or on a small
lot that abuts other lots with buildings.
Fireworks Memo for February 9, 2016
Public Safety Committee – Pg. 2
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RELATIONSHIP BETWEEN KCC 13.05.040 AND 13.05.050
There are two code sections dealing with public display permits in Kent. The first section is
KCC 13.05.040. This section sets forth the rules that apply to the issuance of a public
display permit. To summarize this section, applicants for a public display permit are
required to satisfy the following requirements:
• A public display must meet safety codes found in state law as well as the fire codes;
• A public display must only be discharged by a pyrotechnic operator licensed under
state law; and
• Applicants must pay a permit fee.
KCC 13.05.050 sets forth the events for which a permit may be issued. Under our current
code, a permit may be obtained for:
• The city sanctioned July 4 celebration;
• The city sanctioned annual tree lighting ceremony;
• Events held at the Kent ShoWare Center;
• Official school events;
• Wedding ceremonies;
• Cultural events; and
• Other times approved by the Council.
OPTIONS FOR ADDRESSING PUBLIC DISPLAY PERMITS
Option 1: Retain Current Code
This option would result in no change to the Kent City Code. The result would be that a
permit could be issued for the 4th of July Splash, the Tree Lighting Ceremony, an event put
on by a school, a wedding ceremony, and a cultural event, and would allow the Council to
issue other permits. Note that the phrase cultural event would result in the issuance of a
permit for almost any event, subject to the permit requirements of 13.05.040.1
Option 2: Eliminate/Repeal KCC 13.05.050 with a Minor Modification to KCC 13.05.040
Repealing KCC 13.05.050, would result in allowing anyone who can meet the permitting
requirements of 13.05.040 to hold a public display of fireworks. Under this scenario, the
Fire Marshall would not be concerned with the reason a person is seeking a public display
permit. Rather, the Fire Marshal would only be concerned with whether the display met
the safety requirements of state law and the fire code, and whether a licensed pyrotechnic
operator was retained to discharge the fireworks. The result is relatively similar to Option
1 Note that, in accordance with Council’s direction from the Workshop of January 19, 2016, subsection (A)(4) assumes the
word “high” will be removed so that permits are not limited to high school events.
Fireworks Memo for February 9, 2016
Public Safety Committee – Pg. 3
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1 (no change to the code); however, it provides more clarity to the public and the Fire
Marshal, and eliminates any debate over what is and is not a “cultural event.” KCC
13.05.050 is shown below as stricken for ease of reference.
Sec. 13.05.050. Public display of fireworks – When permitted.
A. A public display of fireworks may only be issued for the following
events:
1. The city sanctioned July 4 celebration;
2. The city sanctioned annual tree lighting ceremony;
3. Events held at the Kent ShoWare Center, as that facility is
currently named or as may be referred to by some other name in the future;
4. A school or post-secondary education event; provided, the event
is officially sanctioned by the governing body of the high school or post-
secondary educational institution;
5. For wedding ceremonies; or
6. For cultural events.
B. The issuance of a permit for a public display of fireworks for any other
time or purpose is not permitted unless approved by the city council following
consideration of the review, investigation, and recommendation of the fire
official and subject to a public display permit issued by the fire official.
Option 3: Eliminate the Ability to Obtain a Public Display Permit for Weddings or Cultural
Events, and Eliminate Council’s Authority to Issue Permits for Other Events
This option is the most restrictive of the three. With this option, no fireworks permits
would be issued for weddings or cultural events, and the Council’s authority to issue
permits for other events would be eliminated.
Under the City’s current code, the Council has the authority to issue a public display permit
at times not listed in KCC 13.05.050. The code contains no guidance for when the Council
should and should not issue permits. Also, this section provides no guidance to the public
for when a public display permit will or will not be issued by the Council.
This option would result in the ability of the City to issue a permit only for the following
events:
• The city sanctioned July 4 celebration;
• The city sanctioned annual tree lighting ceremony;
• Events held at the Kent ShoWare Center;
• Official school events.
Under this option, KCC 13.05.050 would be amended as follows:
Fireworks Memo for February 9, 2016
Public Safety Committee – Pg. 4
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Sec. 13.05.050. Public display of fireworks – When permitted.
A. A public display of fireworks may only be issued for the following
events:
1. The city sanctioned July 4 celebration;
2. The city sanctioned annual tree lighting ceremony;
3. Events held at the Kent ShoWare Center, as that facility is
currently named or as may be referred to by some other name in
the future;
4. A school or post-secondary education event; provided, the event
is officially sanctioned by the governing body of the high school
or post-secondary educational institution;
5. For wedding ceremonies; or
6. For cultural events.
B. The issuance of a permit for a public display of fireworks for any other
time or purpose is not permitted unless approved by the city council following
consideration of the review, investigation, and recommendation of the fire
official and subject to a public display permit issued by the fire official.
ADDITIONAL CONSIDERATION – NOTICE REQUIREMENT
If there is a concern about a public display disturbing the peace of neighboring property
owners, the Council may require the person seeking the permit to provide notice to
surrounding neighbors. This public notice requirement could be added to KCC 13.05.040
(remember that KCC 13.05.040 sets forth the rules the Fire Marshall applies when
determining whether to issue a permit). The following is an example of code language to
establish a notice requirement:
As a condition of the issuance of a public display permit, the applicant for the
permit shall submit a plan to the fire marshal for providing written notice of
the date and time for the display to any property located within a 500 foot
radius of the proposed display. The written notice shall be distributed to the
properties not less than five days prior to the proposed display. The applicant
shall certify to the fire marshal that notice was provided in accordance with
the plan prior to the discharge of any fireworks.
DISTINCTION BETWEEN PUBLIC DISPLAY PERMITS AND DISPLAYS OF CONSUMER FIREWORKS
FOR RELIGIOUS OR SPECIFIC PURPOSES
As noted above, in accordance with state law, a licensed pyrotechnician must discharge
fireworks for any public display of fireworks.
However, cities are permitted to establish a process for issuing permits for the use of
“consumer fireworks,” and the discharge of consumer fireworks would not require the use
of a state licensed pyrotechnician. RCW 70.77.311 provides:
Fireworks Memo for February 9, 2016
Public Safety Committee – Pg. 5
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(2) No [state] license is required for religious organizations or private
organizations or persons to purchase or use consumer fireworks and
such audible ground devices as firecrackers, salutes, and chasers if:
(a) Purchased from a licensed manufacturer, importer, or
wholesaler;
(b) For use on prescribed dates and locations;
(c) For religious or specific purposes; and
(d) A permit is obtained from the local fire official. No fee may be
charged for this permit.
Under this RCW, a City can establish a permitting system that allows a religious or private
organization or private person to use consumer fireworks on prescribed dates and locations
after obtaining a permit from the Fire Marshal.
Among others, the cities of Bonney Lake, Buckley, Camas, Chewelah, Dayton, Federal Way,
Kirkland, Puyallup, SeaTac, and Sumner allow for the use of consumer fireworks at times
other than July 4 upon issuance of a permit, for “religious or specific purposes” or “religious
or celebratory purposes” or “special events.” Some of these cities otherwise ban
fireworks, and some do not.
This section of the RCWs presents much of the same challenge that the phrase “cultural
events” in our current code presents. It is our opinion that the phrase “religious
organizations or private organizations or persons” is extremely broad, and would result in
the Fire Marshall issuing a permit to any person who applied. First, it would be very
difficult for the Fire Marshal to determine whether an applicant was a “religious
organization.” Second, the inclusion of “private organizations or persons” clearly makes
the permit available to anyone. As for the purpose of the discharge, the RCW uses the
phrase “religious or specific purposes,” which itself is so broad that any purpose noted on a
permit would satisfy the requirement. Thus, it is our opinion that if “Jon Doe” applied for a
permit to discharge fireworks for the purpose of “celebrating the 4th of July” and noted that
discharge would occur at “10:00 pm on July 4, 2017,” the Fire Marshal would be required
to issue the permit.
p:\civil\files\open files\1650-fireworks\memo to public safety committee - february 9, 2016.docx
Fireworks Memo for February 9, 2016
Public Safety Committee – Pg. 6
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ORDINANCE NO.
AN ORDINANCE of the city council of the
city of Kent, Washington, prohibiting the sale,
possession, and discharge of consumer fireworks,
while allowing public displays of fireworks and the
use of fireworks in theatrical presentations, both
conditioned upon the issuance of a city permit.
RECITALS
A. Through its adoption of Resolution No. 1913 on July 28, 2015,
the council determined that the interests of the city would be best served
by placing before voters an advisory proposition asking whether the sale,
possession, and discharge of consumer fireworks should be prohibited in
Kent.
B. Advisory Proposition 1 appeared on the November 3, 2015,
ballot, and asked the following question of the voters:
Whether the sale, possession and discharge of
consumer fireworks should be prohibited in the city
of Kent. The prohibition of the sale, possession and
discharge of consumer fireworks would not affect
properly licensed and permitted public displays of
fireworks.
C. As of November 10, 2015, a majority of voters have answered
the question set forth in Advisory Proposition 1 in the affirmative.
D. In light of voter recommendation, the council repeals the
city’s existing fireworks regulations, and enacts an ordinance that will
1 Repeal and Reenact Ch. 13.05 KCC
Fireworks
14
prohibit the sale, possession, and discharge of consumer fireworks, but will
allow, in certain circumstances, the public display of fireworks and the use
of fireworks in theatrical presentations conditioned upon a permit issued by
the city.
E. In accordance with RCW 70.77.250, this ordinance will
become effective one year from the date of its adoption.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Repeal Chapter 13.05. Chapter 13.05 of the Kent
City Code, entitled “Fireworks,” is repealed in its entirety.
SECTION 2. – Enact New Chapter 13.05. The Kent City Code is
amended to add a new Chapter 13.05 of the Kent City Code, entitled
“Fireworks,” as follows:
CHAPTER 13.05
FIREWORKS
Sec. 13.05.010. Intent. At the November 3, 2015, election, the
Kent City Council certified Advisory Proposition 1 to the voters. Advisory
Proposition 1 asked the following question:
Whether the sale, possession and discharge of
consumer fireworks should be prohibited in the city
of Kent. The prohibition of the sale, possession and
discharge of consumer fireworks would not affect
properly licensed and permitted public displays of
fireworks.
At the November 3, 2015, election, a majority of voters answered the
above question in the affirmative. The city council, having determined that
the prohibition of the sale, possession, and discharge of consumer
2 Repeal and Reenact Ch. 13.05 KCC
Fireworks
15
fireworks is requested by the voters and is in the interests of the public
health, safety, and welfare, establishes this ordinance to prohibit the sale,
possession, and discharge of consumer fireworks, to establish the
circumstances in which public displays of fireworks and fireworks used in
theatrical presentations are permitted, and to establish the penalty for a
violation of the ordinance.
Sec. 13.05.020. Definitions – References to Revised Code of
Washington.
A. The words and phrases used in this chapter shall be given the
definitions contained in Chapter 70.77 of the Revised Code of Washington
(“RCW”) as now enacted or hereafter amended or recodified.
B. Any reference to a section of the RCW or the Washington
Administrative Code (“WAC”) in this chapter shall refer to the chapter or
section referenced and any amendment or recodification thereof.
Sec. 13.05.030. Prohibited acts—Exceptions.
A. Except as permitted in this chapter, the sale, possession, and
discharge of fireworks of any kind within the city is prohibited.
B. Notwithstanding the prohibition set forth in subsection A, the
following shall be permitted in the city of Kent:
1. The public display of fireworks authorized by permit issued by
the city;
2. The use of articles pyrotechnic and special effects, as defined
by RCW 70.77.138 and RCW 70.77.146, when used in accordance with
RCW 70.77.535 and when authorized by permit issued by the city;
3. The use by law enforcement or emergency response agencies
of devices that may fall within the definition of firework, when such devices
are used in furtherance of law enforcement or emergency response
operations or training;
3 Repeal and Reenact Ch. 13.05 KCC
Fireworks
16
4. The transportation of consumer fireworks through the city as
part of interstate commerce;
5. The use of flares to warn motor vehicles of road hazards; or
the use of torpedoes, flares, or fuses by railroads or other government
transportation agencies for signal purposes as provided in RCW 70.77.530;
6. The use of agricultural and wildlife fireworks as defined by
RCW 70.77.141 when used in accordance with RCW 70.77.311;
7. The possession, storage, or transportation of fireworks that is
incidental to the permitted uses in this subsection.
C. It shall be unlawful for an owner of property, or a person renting,
leasing, or who has control over the use of property, to knowingly permit
the property that he or she owns, rents, leases or has control over, to be
utilized for the discharge of fireworks when the discharge of fireworks is
not properly permitted pursuant to KCC 13.05.040 and 13.05.050.
D. It shall be unlawful for any person to deposit fireworks or parts of
fireworks, whether discharged or not, in or upon any street, sidewalk or
other public place, except when the fireworks or parts of fireworks are
deposited in private or public litter receptacles, and it shall be unlawful for
a private property owner to fail to remove fireworks or parts of fireworks,
whether discharged or not, that are not contained in a litter receptacle
from private property that is open to the public within 72 hours of the
deposit of such fireworks or parts of fireworks on the private property.
Sec. 13.05.040. Permits.
A. The city council designates the city’s fire marshal or the fire
marshal’s designee as the fire official authorized to review permits required
by this chapter or Chapter 70.77 RCW.
B. Except as required elsewhere in this chapter, the procedures,
requirements, and conditions set forth in Chapter 70.77 RCW and Chapter
4 Repeal and Reenact Ch. 13.05 KCC
Fireworks
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212-17 WAC, which are applicable to the submittal, consideration, or
granting of permits filed with a city shall apply to the filing, review, and
issuance of any permit required by this chapter.
C. In reviewing an application for a permit, the fire official may
consider relevant provisions in the fire codes, building codes, and health
and sanitation codes adopted by the city in determining whether the
discharge, possession, or storage of fireworks is performed in a safe
manner or presents a risk to public health, safety, or welfare.
D. A permit shall be obtained from the city fire official to:
1. Conduct an indoor or outdoor public display of fireworks of
any kind;
2. Discharge special effects or articles pyrotechnic as defined in
RCW 70.77.146 and RCW 70.77.138; or
3. Engage in any other activity that is not prohibited by this
chapter but for which a city permit is required by Chapter 70.77 RCW or
Chapter 212-17 WAC.1
E. A permit will only issue under this section in the event a pyrotechnic
operator licensed by the state of Washington is designated as the person
to discharge the fireworks. The permit application shall designate the
licensed pyrotechnic operator by name and Washington state license
number.
F. As a condition of the issuance of any permit, the fire official retains
the authority to revoke a permit at any time due to safety concerns.
G. The fee for any permit issued in accordance with this chapter shall
be established by city council resolution.
1 Note: The Law Department is recommending this section be removed as it duplicates the language,
purpose, and intent of KCC 13.05.030.
5 Repeal and Reenact Ch. 13.05 KCC
Fireworks
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Sec. 13.05.050. Public display of fireworks – When
permitted.
A. A public display of fireworks may only be issued for the following
events:
1. The city sanctioned July 4 celebration;
2. The city sanctioned annual tree lighting ceremony;
3. Events held at the Kent ShoWare Center, as that facility is
currently named or as may be referred to by some other name in the
future;
4. A high school or post-secondary education event; provided,
the event is officially sanctioned by the governing body of the high school
or post-secondary educational institution;
5. For wedding ceremonies; or
6. For cultural events.
B. The issuance of a permit for a public display of fireworks for any
other time or purpose is not permitted unless approved by the city council
following consideration of the review, investigation, and recommendation
of the fire official and subject to a public display permit issued by the fire
official.
Sec.13.05.060. Violations and penalties.
A. It shall be a gross misdemeanor, punishable by imprisonment not to
exceed one (1) year, or by a fine not to exceed five thousand dollars
($5,000), or by both such confinement and fine, for any person to:
1. Conduct an indoor or outdoor public display of fireworks
without a properly issued city permit or in violation of a properly issued
city permit;
2. Discharge special effects or articles pyrotechnic without a
properly issued city permit or in violation of a properly issued city permit;
6 Repeal and Reenact Ch. 13.05 KCC
Fireworks
19
3. Make any misrepresentation of fact, or knowingly permit any
misrepresentation of fact, on any application for a city permit required
pursuant to this chapter;
4. Possess or store in excess of 20 pounds of fireworks, except
when such possession or storage is incidental to a properly issued city
permit; or
5. Discharge or use fireworks in a reckless manner. “Reckless
manner” exists when the use or discharge creates a substantial risk of
death or serious physical injury to any person or damage to any property.
B. Any person violating any provision of this chapter not set forth in
subsection A of this section shall be deemed to have committed a class 1
civil infraction as set forth in RCW 7.80.120; provided, in lieu of a class 1
civil infraction, a person under the age of 18 who commits an infraction
while not under the supervision of a responsible adult shall be subject to a
fine not to exceed 10 times their age at the time of the infraction. An
infraction issued pursuant to this section shall be filed in the Kent
municipal court and processed in the same manner as other infractions
filed in the Kent municipal court; provided an infraction issued to a person
under the age of 16 shall be filed in the King County juvenile court.
C. For the purposes of this section, the term “person” shall be defined
as it is in RCW 9A.04.110 as now enacted or hereafter amended or
recodified.
D. When a corporation, joint stock association, or unincorporated
association is deemed guilty of a gross misdemeanor under subsection A of
this section, the corporation shall, in lieu of jail, be punished by a fine of
$5,000 plus any applicable costs and assessments.
E. Restitution shall be considered, and when appropriate, assessed
against any person, corporation, joint stock association, or unincorporated
7 Repeal and Reenact Ch. 13.05 KCC
Fireworks
20
association deemed guilty of an offense set forth in subsection A of this
section.
Sec. 13.05.070. Seizure of fireworks.
A. Fireworks that are sold, possessed, or discharged in violation of this
chapter are subject to seizure and forfeiture, and no property right shall
exist in them.
B. Fireworks may be seized by the city by process issued by municipal
or superior court. A law enforcement officer may seize, without process,
fireworks that the officer has probable cause to believe were sold,
possessed, or discharged in violation of this chapter, or fireworks that were
seized incident to a lawful arrest.
C. In the event of seizure pursuant to this section, proceedings for
forfeiture shall be deemed commenced by the seizure. The city shall cause
notice to be served within 15 days following the seizure on the owner of
the property seized and the person in charge thereof and any person
having any known right or interest therein, including any community
property interest, of the seizure and intended forfeiture of the seized
property. The notice of seizure may be served by any method authorized
by law or court rule, including without limitation service by certified mail
with return receipt requested. Service by mail shall be deemed complete
upon mailing within the 15 day period following the seizure.
D. If no person notifies the city in writing of the person's claim of
ownership or right to possession of the items specified in subsection (A) of
this section within 30 days of the seizure, the item seized shall be deemed
forfeited.
E. If a person notifies the city in writing of the person's claim of
ownership or right to possession of the seized property within 30 days of
the seizure, the city shall give the person a reasonable opportunity to be
8 Repeal and Reenact Ch. 13.05 KCC
Fireworks
21
heard as to the claim or right. The hearing shall be before the city fire
official and shall occur within 90 days of the city’s receipt of written notice
of the claim of right. Property deemed forfeited may be destroyed or
otherwise disposed of after 15 days from the issuance of the determination
of forfeiture, unless the city receives written notice of an appeal to superior
court. The city shall promptly return the property to the claimant upon a
determination that the claimant is the present lawful owner or is lawfully
entitled to possession of the property.
F. In lieu of the above process, the person from whom the fireworks
were seized may waive his or her claim to any right in the fireworks, and
upon such waiver, the city shall deem the fireworks forfeited.
G. In the event fireworks in the presence of an officer are not claimed
by any person then present, the fireworks will be deemed abandoned
property, and the officer may seize them. Abandoned fireworks may be
summarily destroyed or otherwise disposed of, and the process set forth in
this section shall not apply.
SECTION 3. – Savings. The existing Chapter 13.05 of the Kent City
Code, which is repealed and replaced by this ordinance, shall remain in full
force and effect until the effective date of this ordinance.
SECTION 4. – Corrections by City 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
correction of clerical errors; references to other local, state, or federal
laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
SECTION 5. – Severability. If any one or more section,
subsections, or sentences of this ordinance are held to be unconstitutional
9 Repeal and Reenact Ch. 13.05 KCC
Fireworks
22
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.
SECTION 6. – Effective Date. This ordinance shall take effect and
be in force one year from and after its adoption as provided by RCW
70.77.250.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of , 2016.
APPROVED: day of , 2016.
PUBLISHED: day of , 2016.
I hereby certify that this is a true copy of Ordinance No.
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)
RONALD F. MOORE, CITY CLERK
s:\public\city clerk's office\city council\council committees\public safety committee\2016\february\ordinance amending kcc 13.05.docx
10 Repeal and Reenact Ch. 13.05 KCC
Fireworks
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POLICE DEPARTMENT
Ken Thomas, Chief of Police
Phone: 253-856-5800
Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: February 9, 2016
TO: Public Safety Committee
SUBJECT: Police Chief’s Update – Information Only
Information Only
SUMMARY: In the place of Chief Thomas, Assistant Chief Padilla will present information
regarding the current events affecting the police department:
• School Zone Traffic Safety Cameras – Information Only
• DDACTS Grant Update – Information Only
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Jan Feb Mar April May June July Aug Sept **Oct Nov Dec Total
2015 423 467 904 560 920 931 7 2 913 974 943 1078 8,122
2014 649 832 1032 587 978 883 4 2 1006 1198 623 572 8,366
Oct-15 Nov-15 Dec-15
Neely-Obrien 332 365 210
Sunrise 292 299 187
Millennium 50 154 158
Meridian 132 226 199
**2 new schools added 10/1/15
School Zone Tickets
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School Zone Tickets (2 new schools added 10/1/15)
Total: 2014 = 8,366 2015 = 8,122
0
200
400
600
800
1000
1200
1400
January February March April May June July August September October November December
2014
2015
0
50
100
150
200
250
300
350
400
Neely-Obrien Sunrise Millennium Meridian
Oct-15
Nov-15
Dec-15
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DDACTS Emphasis Patrol Stats
Hours Contacts Tickets Warnings DUI’s
2 2 2
11/03/15 3 9 9 2
11/12/15 3 8 8 3
11/12/15 3 5 4 1
11/12/15 4 1 4
11/18/15 3 11 11 1
11/18/15 3 10 15 1
11/18/15 5.5 10 17 5 1
11/24/15 3 10 4 13
11/24/15 3 7 9 4
11/24/15 4.5 3 2 2 1
12/02/15 3 12 14 6
12/02/15 3 9 2 7
12/02/15 2 7 7 5
12/15/15 3 9 7 7
12/15/15 3 10 10 4
12/15/15 3 10 3 7
12/16/15 3 6 7 2
12/16/15 3 10 17 4
12/16/15 2.5 8 7 5
12/23/15 3 11 7 8
12/23/15 2.5 8 12
12/23/15 3 5 17 2
01/07/16 3 10 11 4
01/07/16 3 13 15 6
01/07/16 3 9 6 6
01/14/16 3 5 4 3
01/14/16 3 10 4 6
01/14/16 3 13 13 6
01/20/16 3 18 14 9
01/20/16 3.5 10 10 8
01/20/16 3* 11 7 6
01/27/16 3 9 7 4
01/27/16 3 8 8 4
01/27/16 3* 10 9 11
02/02/16 3 9 10 6
02/02/16 3 9 7 6
02/02/16 2.5 2 5
Totals 110 327 313 186 2
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1
DDACTS Grant – December Stats Update
December Emphasis: 9 hrs 29 contacts 20 tickets 18 warnings
Prior to Grant (Jan – Oct):
Averaged 7 Collisions per month
Averaged 11 ILP Crimes per month
Averaged 55 case reports per month
Presented 1/21/16
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2
Common Days of the Week and Hour of the Day for Collisions in this area:
Presented 1/21/16
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3
December Emphasis: 16.5 hrs OT 52 contacts 47 tickets 40 warnings
9.2 hrs on-duty 15 tickets 7 warnings
Prior to Grant (Jan – Oct):
Averaged 9 Collisions per month
Averaged 7 ILP Crimes per month
Averaged 71 case reports per month
Presented 1/21/16
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4
Common Days of the Week and Hour of the Day for Collisions in this area:
Presented 1/21/16
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5
December Emphasis: 8.5 hrs OT 24 contacts 31 tickets 11 warnings
9.3 hrs on-duty 35 tickets 4 warnings
Prior to Grant (Jan – Oct):
Averaged 16 Collisions per month
Averaged 19 ILP Crimes per month
Averaged 128 case reports per month
Presented 1/21/16
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6
Common Days of the Week and Hour of the Day for Collisions in this area:
Presented 1/21/16
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