HomeMy WebLinkAboutCity Council Committees - Public Safety Committee - 02/09/2016 Public Safety Committee Minutes
February 9, 2016
Item 1 - CALL TO ORDER
Committee Chairperson Jim Berrios called the meeting to order at 4:30 p.m.
Item 2 - COMMITTEE MEMBERS PRESENT
Committee Chairperson Jim Berrios, committee member Les Thomas and
committee member Dana Ralph were present.
Item 3 - Changes to the Agenda
None.
Item 4 — Approval of meetina minutes dated November 13 2015
Council member Thomas MOVED to approve the minutes of November 13,
2015. The motion was SECONDED by committee member Ralph and
PASSED 3-0.
Item 5 — Ordinance Amendina KCC 13.05 - Fireworks - Recommend
Deputy City Attorney Arthur "Pat" Fitzpatrick, provided a revised version of the
ordinance to the committee and indicated that he would like to go over revisions to
ordinance and reserve the issue of public display until after discussion regarding all
other revisions.
Pat indicated the fireworks issue was before the council during the January 19,
2016, City Council Workshop. Council indicated what portions of the ordinance they
agreed to and Pat revised the ordinance accordingly and that version is what is
being reviewed during this meeting.
Pat read the new provisions of KCC 13.05.030(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 property permitted..." When the police department cannot identify
the person that is in violation, the property owner will be responsible. This is not a
criminal offense; it will likely be an infraction offense. This is what the City Council
was in agreement with during the council workshop.
Pat indicated KCC 13.05.030(D), deals with the quantities of fireworks garbage on
property, This will give the property owner an opportunity to clean up their
property within 72 hours. If the Fourth of July holiday falls on a Friday, this
timeframe will allow the property owner to clean up their property once they return
from a long holiday weekend. Council member Thomas was glad that this provision
was included in the ordinance since it was a top complaint of residents and business
owners. Council member Ralph agreed with Council member Thomas. She
indicated that this section of the ordinance helps to solve some of the problems of
garbage on commercial properties.
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Pat indicated that KCC 13.05.040(D) is repetitive and unnecessary considering that
KCC 13.05.030 acknowledges that a person can discharge fireworks pursuant to a
public display permit. Striking the language does not affect the provisions of the
ordinance.
KCC 13.05.040(E) in the current draft will become KCC 13.050.040(D), that
clarifies existing law requiring a pyrotechnic operator license. Based on discussion
during the workshop, Council was in agreement with the revisions.
Pat indicated that except for the deletion of the word "high" in KCC 13.05.050, he
would like to come back to this section. Pat indicated that if the council desired to
allow public displays of fireworks at schools, it should allow for the public displays
at all schools, not just high schools.
Pat indicated that Council member Thomas requested a revision to KCC
13.05.060(B), to tie the infraction amount for a juvenile to their age. 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. Additional language was added to the end of this section to
require the court to provide the violator with the option of converting the fine into
community services hours. Committee Chair Berrios indicated that it is important
to have this provision in the city's ordinance providing a fair and compassionate
option to avoid placing a financial burden on a family. Pat conveyed that the city
only has jurisdiction over juveniles 16 and older and that the juvenile court could
accept the filing for a juvenile under 16 years of age. If a 16 year old is charged, it
is a personal charge to the juvenile, not the parent. Committee member Ralph
indicated that this section is important to her since the council is going to pass an
ordinance that is going to work against a lot of really good people in an effort to
prevent bad people from doing bad things. She is thrilled to have the community
service penalty option that will benefit both the community and the families of the
offenders and this makes her feel good about passing this ordinance.
KCC 13.05.050. During the workshop the council discussed the permitting
provisions.
Option 1 - retain current code language - make no revisions.
Current code makes it difficult to enforce the code with any meaning due to the
language allowing a public display permit for a cultural event. Pat indicated that in
prior discussions, Fire Marshall Napier voiced concerns and asked the question -
Who is he to make a decision as to how to define a cultural event? Pat recently
conducted extensive research trying to define a cultural event and indicated it was
impossible to locate a definition. The current code language is a phrase without
meaning under the code. If we keep current language in code, anyone can seek a
public display permit.
Option 2 - Simplifies everything greatly. Recommendation is to eliminate the entire
Section 1. The current code has a provision regarding how to obtain a public
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display permit that would be issued for any day of the year so long as requirements
are met regarding insurance, setbacks, having a pyrotechnic operator, etc., rather
than provide for when a public display will be issued. The Community will not need
to question whether or not their event meets the requirements of a cultural event.
Council member Ralph wanted to confirm that if you cannot meet the requirements
of the permit, you will not be able to obtain the permit. The setback requirements
will be the biggest hurdle that will be difficult to meet.
Pat indicated that Lake Meridian would meet the setback requirements due to the
discharge of fireworks taking place in the middle of the lake. Golf course and
Fenwick Park may meet the setback requirements. It will be extraordinarily
unlikely that the average neighborhood would be able to pool their funds and meet
the requirements to obtain a permit for a public display of fireworks in their
neighborhood. It will be nearly impossible for a neighborhood to come together
and be able to meet the setback requirements in order to discharge fireworks in a
neighborhood cul-de-sac. This option would preserve the ability of the Lake
Meridian show, which is a partnership with the city of Kent, to continue on.
Additionally, schools, private businesses, or the Kent Station could potentially
obtain a public display permit if they meet the requirements of the permit. This is a
valid and important point for the community to be educated about.
Pat noted that when council set this matter out for the advisory opinion, it was clear
that the City was not removing the ability to obtain a public display permit. The
third option only allows public display permits for the Kent Splash event, Kent's tree
lighting ceremony, ShoWare center and High Schools. Pat does not recommend
this option since it eliminates an opportunity for the people to rent out a large
parcel of property in order to have a public display of fireworks. Pat does not
recommend Option 3, which takes weddings and cultural events out, but otherwise
leaving the code the same.
Pat recommends simplifying things by allowing for a permit if you can meet the
permit requirements.
If, in the future, council desires to make additional revisions, the council can always
make further changes.
Pat recommends, from a staff point of view, adopting Option 2 that would eliminate
the section dealing with what events would qualify for a public display permit and
would allow for anyone to apply for a public display permit.
Jon Napier, City Fire Marshall, indicated that he reviewed the options with the City
Attorney's office and agrees that the easiest way to enforce the code is to allow for
anyone to apply for a public display permit and if they can meet the requirements,
a permit could be issued. Safety is being built into the permit process. Chief Napier
indicated that if a permit is issued for a day other than the Fourth of July, he may
need to address concerns regarding noise complaints.
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Council member Thomas inquired regarding the current cost of a permit and Chief
Napier indicated the approximate cost is $115. Council member Thomas also
inquired as to the number of possible locations that may qualify for a permit display
permit. Chief Napier detailed the requirements regarding setbacks and indicated
the minimum set back is 280 feet, but could not guess how many locations are
within the City.
Committee Chair Berrios indicated that it will be difficult, but not impossible to
obtain a permit for the public display of fireworks.
Committee member Thomas MOVED to strike section 13.05.050 of this
ordinance. The motion was SECONDED by committee member Ralph and
PASSED 3-0.
Pat asked for a Point of Order. Committee Chair Berrios approved.
Pat asked if this committee is prepared to move this on, Council will need to
consider which council meeting it would appear and if it would appear on "other
business." Chair Berrios indicated, his personal preference and out of consideration
for the entire council to allow the entire council to review this ordinance and have it
approved or denied at a council meeting where all council members are present.
Two council members will not be in attendance at the February 16, 2016 meeting.
March 1, 2016, would be the next available meeting where all council members are
present.
Council member Thomas indicated he preferred that this ordinance go to the
February 16, 2016, meeting. Council member Ralph indicated that she had no
objection. Committee Chair Berrios indicated that he spoke with Council member
Higgins and he had no objection placing this ordinance on the February 16, 2016,
agenda. Pat indicated that Chair Berrios could contact Council President Boyce
regarding which meeting he would like this ordinance to go before. Committee
Chair Berrios indicated he would contact President Boyce, and would recommend
placing this ordinance under Other Business for the February 16, 2016 City Council
meeting.
Committee member Ralph MOVED to adopt an ordinance amending KCC
13.05 with changes as discussed relating to fireworks regulations in the
City. The motion was SECONDED by committee member Ralph and PASSED
2-0. Committee member Ralph and Chair Berrios voted in favor of motion
and Committee member Thomas voted in opposition to the motion.
Committee member Ralph indicated she would be voting to support this ordinance
only because of the advisory vote. She feels like we are taking away the rights of a
lot of people in an effort to get to those that may be reckless or are breaking laws
that are already in place. She is sad that there will be kids that grow up not
knowing what a sparkler is. Because of the advisory vote and for those that did
take the time to vote, she will be supporting it.
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Committee member Thomas indicated that the November advisory vote
represented approximately 11,000 people or 9% of the City's population and that
he would be voting no to represent the approximately 67,000 people under 18 that
were ineligible to vote and voice their opinion. He indicated that it would have been
quite different if the vote was open to all 120,000 residents of Kent. He went onto
indicated that it was an advisory vote rather than a mandate. He does not believe
that the ban will be effective due to the proximity of the reservation in addition to
what has happened in Renton since their ban. He indicated that, even though
Renton implemented a ban, there are just as many fireworks being discharged in
Renton as in Kent.
Committee Chair Berrios conveyed that he appreciated the process and the
communications that have taken place during this process including emotional
discussions.
Council member Ralph wanted to confirm that this ban will not go into effect until
2017, due to a state requirement. She also thanked the Police Department for the
work that they have done and indicated that they have a big job ahead of them.
Pat Fitzpatrick provided clarification that since we are making the public display
permit less strict than the current law, it will not go into effect for one year. Pat
and Committee member Ralph indicated that it will be important to educate the
public on the effective date of this ordinance.
Item 6. — Police Chief's Update — Information Only
Assistant Chief Padilla provided information on current issues in the Police
Department on behalf of Chief Thomas.
1. School Zone Traffic Safety Cameras.
Implemented two additional school zones. Currently have cameras in four
school zones: Neely, Sunrise, Meridian and Millennium elementary schools.
Schools with highest rates of violations were selected. Springbrook
elementary and Meadowridge elementary were also identified as schools of
concern. Digital speed warning signs were installed. In 2015, there were
8,122 tickets issued, down from 8,366 tickets issued in 2014. Assistant Chief
Padilla speculated the decrease is due to the reduced traffic volumes in the
new school zones in addition to the reduced volumes during the fall and
winter seasons. Committee member Thomas confirmed that with the
addition of the cameras in the two additional schools, the total number of
tickets issued were below the prior year. All committee members confirmed
the intent was to create a safer environment for kids and it appears the
cameras are working. Assistant Chief Padilla indicated that funds from the
school zone traffic camera safety program are used to purchase and install
speed warning signs. The Police Department is researching the speed radar
trailers that can be used in communities and school zones.
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2. Data Driven Approaches to Crime and Traffic Collisions (DDACTS)
Grant.
The Police Department received a $33,000 grant. $23,000 was stipulated for
traffic enforcement and $10,000 for traffic safety education programs. The
theory around DDACTS is that if you concentrate areas in the city where
there is high crime and high traffic collisions by applying education and high
visibility enforcement, that effort will reduce crime overall in the area -
similar to hot spot policing initiatives. The areas chosen for emphasis are
108th & S 208th, 104th & S.E. 256th, in addition to the main arteries around
the Kent Station area. These are the busiest intersections within the City.
Since November, 13+ emphasis, 313 tickets issued 186 warnings and 2 DUI
arrests. The emphasis requires three officers. Assistant Chief Padilla
indicated that the Police Department will report back to the committee in the
next few months regarding the results of the emphasis. Council member
Ralph asked for clarification on the statistics in the agenda regarding how we
could have 13 contacts and 15 tickets. Assistant Chief Padilla indicated that
one violator could be issued multiple citations.
Committee member Thomas asked about how the emphasis is implemented
regarding the details of the staging of officers. Assistant Chief Padilla
indicated that the traffic division implements the emphasis patrols and
positions themselves where they can watch violations. Their presence deters
criminal activity in those areas of emphasis.
The meeting was adjourned at 5:20 p.m. by Committee Chair Berrios.
Respectfully =mit�d
Kim Komoto t
Public Safety Committee Secretary
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