Loading...
HomeMy WebLinkAbout3976 ORDINANCE NO. 3 9 7 6 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, REPEALING CHAPTER 8.24 (PERTAINING TO FIREWORKS) OF THE ORDINANCES OF THE CITY OF AUBURN, WASHINGTON, AND ENACTING A NEW CHAPTER 8.24 PERTAINING THERETO. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: § Section 1. SCOPE. 6 (a) This ordinance shall apply to the manufacture, possession, ? storage, sale, transportation and use of fireworks. 8 Nothing in this ordinance shall be construed to prohibit the manu- 9 facture, possession, storage, sale, transportation and use of fireworks for the following purposes: (1) By railroads or other transportation agencies for signal or illumination purposes. (2) For signal purposes in athletics or sports. (3) By military organizations. 15 (4) The sale and use for blank cartridges for show or theater. 16 Section 2. DEFINITIONS. (a) "Fireworks" means any composition or device, in a finished state, containing any combustible or explosive substance for the purpose ~9 of producing a visible or audible effect by combustion, explosion, £0 deflagration, or detonation, and classified as common or special fireworks. (b) "Special fireworks" means any fireworks designed primarily for exhibition display by producing visible or audible effects. The term includes: 1. Fireworks commonly known as sky rockets, missile type rockets, firecrackers, salutes and chasers; and 2. Fireworks which are not classified as common fireworks. ~8 (c) "Common fireworks" means any fireworks designed primarily to pro- duce visible or audible effects by combustion. $0 ~l Ordinance No. 3976 Page One 3e 5/3/84, 5/8/84 (2) 5/21/84 1. Effective June 1, 1984 through May 31, 1985, the term inclu- des ground and hand-held sparkling devices, including items commonly known as dipped sticks, sparklers, cylindrical foun- tains, cone fountains, illuminating torches, wheels, ground spinners, and flitter sparklers; smoke devices; helicopters; aerials; spinners; roman candles, mines; shells; and Class C explosives classified on January 1, 1984 as common fireworks by the United States Department of Transportation; provided, that the term does not include fireworks commonly known as firecrackers, salutes, chasers, skyrockets, and missile-type rockets. 2. Effective June 1, 1985, the term includes ground and hand-held sparkling devices, including items commonly known as dipped sticks, sparklers, cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners, flitter sparklers; and smoke devices; provided, that the term does not include fireworks commonly known as firecrackers, salutes, chasers, skyrockets, missile-type rockets, helicopters, aerials, spinners, roman candles, mines, shells and Class C. explosives classified as common fireworks by the U.S. Department of Transportation, unless such Class C explosives are approved by the Fire Chief or his designee. (d) "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere and designed and intended to produce an audible, visual, mechanical, or thermal effect as a necessary part of motion picture, radio, television, theatrical or opera productions. Section 3. PERMITS. (a) Permits shall be obtained: 1. To store fireworks in any amount of any type exceeding ten (10) pounds aggregate weight. Ordinance No. 3976 Page Two 5/3/84, 5/8/84 (2) 5/21/84 2. To possess, manufacture, offer to sell or sell fireworks at wholesale or retail for any use. Exception: Possession of common fireworks lawfully purchased at retail. 3. To conduct a public display of fireworks. 4. To discharge special fireworks. 5. To transport any fireworks. Exception: (i) Transportation by a public carrier to a licensee. (ii) Transportation of common fireworks in a private passenger vehicle during the legal sales period established in Section 6 of this ordinance and in accordance with Section 3(a)1. 6. To use or discharge fireworks inside a structure. 7. To use or discharge fireworks for ceremonial purposes; pro- vided that there shall be no fee for such permit. (b) All permits required by this section shall be issued by the Fire Chief or his designee except as otherwise provided by Section 8 (b). As a condition of any permit, the Fire Chief may specify additional safeguards as necessary to provide for the public safety. The applicant shall apply for a permit on a form provided by the Auburn Fire Department. The form shall have all pertinent information and be properly filled out by the applicant at the time of application. (c) No person under eighteen years of age may apply for or receive a permit under this section. Ordinance No. 3976 Page Three 5/3/84, 5/8/84 (2) 5/21/84 Section 4. AUTHORITY. (al The Fire Chief or his designee shall have authority to issue and condition permits required by this Ordinance. (b) The Fire Chief and the Police Chief or their designees have authority to enforce the provisions of this Ordinance. Section 5. LEGAL FIREWORKS. (al Fireworks which are defined as common fireworks in this Ordinance are legal for sale and use within the City of Auburn as set forth in this Ordinance. (b) Fireworks which are not common fireworks are expressly prohibited for sale, transportation, discharge, storage, or use within the City of Auburn unless the Fire Chief or his designee has issued a permit for such purpose. Section 6. RETAIL SALES AND DISCHARGE OF FIREWORKS. (al Only common fireworks as defined in this Ordinance are legal for sale to the public. (b) The sale, use or discharge of any firework in the City of Auburn, prior to 12:00 noon on June 28th or after 12:00 noon on July 6th each year is prohibited except where authorized by Fire Department permit or exempted under Section i (al. No common fireworks will be sold or discharged except between the following hours and dates: June 28 12:00 noon to 10:00 p.m. June 29 - July 5 9:00 a.m~ to 10:00 p.m. July 6 9:00 a.m. to 12:00 noon Ordinance No. 3976 Page Five 5/3/84, 5/8/84 (2) 5/21/84 (d) An application for a permit shall be made in writing to the Fire Chief or his designee at least 30 days in advance. After a permit is granted, transportation, storage, discharge, sale, possession, use and distribution of fireworks shall be lawful only for the purpose stated on the permit. No permit granted hereunder shall be transferable. (e) The Fire Chief or his designee may issue permits for the transpor- tation and storage of fireworks in bulk quantities under United States Department of Transportation classifications, describing such quantity limitations, duration and conditions of storage or transport as the Fire Chief shall deem necessary to provide for the public safety. (f) For all retail firework stands there will be a fee as established in the business registration schedule. The Fire Chief shall make such other investigation as he deems necessary in connection with the safety of the proposed operation and shall either grant or deny such permit. If the permit is denied the applicant shall have the right to appeal the denial thereof to the appropriate City Council Committee. The appropriate City Council Committee shall consider such application, recommendation and denial and in its discretion shall either uphold the denial or grant the permit applied for. (g) Number of permits. No one organization, person, firm, co- partnership, or corporation may receive more than one (1) permit for the retail sale of common fireworks during one calendar year. The maximum number of permits which may be issued pursuant to this Ordinance during any calendar year shall not exceed one (1) for each three thousand (3,000) residents of the City, or major por- tion thereof, according to the last official census. Ordinance No. 3976 Page Four 5/3/84, 5/8/84 (2) 5/21/84 I I1[1~ (c) Only fireworks defined as common fireworks in this Ordinance may be sold at retail stands. (d) A permit for the retail sale of fireworks issued by the Fire Chief must be prominently displayed at the sales location. (e) Retail operators applying for permit shall submit a copy of their State Fire Marshal approved Retailers License with the application for a permit under this Ordinance. Each permit application must be accompanied by a certificate of insurance. (f) The certificate of insurance shall evidence a comprehensive general liability (including automobile coverage) insurance policy providing limits of One Million Dollars ($1,000,000), combined single limit, per occurrence and annual aggregate, no deductible, and naming the City of Auburn as an additional insured. (g) A bond in the amount of Fifty Dollars ($50.00) must be posted with the City of Auburn at least 30 days in advance of the initial sales date to provide for costs of site cleanup if the operator fails to perform such cleanup. (h) That the proposed stand is constructed in a manner which shall insure the safety of attendents and patrons. All fireworks stands shall be constructed with a shelf twelve (12) inches or more in depth attached to the front of the stand as a pass out counter for fireworks; the bottom of the stand up to the shelf and the other three sides must be of a type of material such as plywood. (i) That the electrical wiring within the proposed stand shall conform to the State of Washington laws, rules and standards. (j) Retail operators will obtain a permit for the construction of the proposed fireworks stand from the City Building Department. (k) The location of a fireworks stand shall be approved by the Fire Chief and the Police Chief or their designees. (1) The owners and operators of fireworks stands shall be approved by the Fire Chief and Police Chief or their designees. Ordinance No. 3976 Page Six 5/3/84, 5/8/84 (2) 5/21/84 (m) Retailers require to be licensed under this Ordinance shall post prominently at each retail outlet a list of the fireworks that may be sold to the public in this State pursuant to this Ordinance and the laws of the State of Washington. The posted list shall be in a form approved by the State Fire Marshal who shall make that list available. Section 7. OPERATION OF RETAIL OUTLETS. (a) A stand for the retail sale of fireworks is limited to 500 square feet, shall not be located within any permanent structure, and shall be used only for the retail sale of common fireworks. (b) A stand must be either located at least 300 feet from another fireworks stand or separated from another fireworks stand by a major arterial thoroughfare at least 100 feet in width, (c) A stand must be located at least 100 feet from any flammable liquid dispensing device or installation. (d) A stand must be located at least 50 feet from any building. (e) A stand must be located no more than 500 feet from a fire hydrant. (f) A stand must be accessible from an improved public street or thoroughfare. (g) The area around the stand must be completely free of hazardous accumulations, including but not limited to dry grass, brush, or debris or any nature, for a distance of not less than 25 feet on all sides. (h) Each stand must have at least 2 exits located at opposite ends of the stand. SUCH EXITS MUST NOT BE LOCKED WHILE THE STAND ~S OCCUPIED. (i) The stand must be equipped with at least two (2) approved (U.L. or F.M.) 2-1/2 gallon water type or equivalent fire extinguishers. Ordinance No. 3976 Page Seven 5/3/84, 5/8/84 (2) 5/21/84 (j) No heating device of any kind is permitted in the stand. (k) No smoking signs must be prominently posted on the stand and in the vicinity of the stand. Smoking shall not be permitted within 25 feet of the stand. The stand supervisor shall be responsible for enforcing the no smoking regulations. (1) A motor vehicle cannot be parked within 25 feet of a fireworks 6 stand. No cooking or heating shall occur in a motor vehicle located within 25 feet of a fireworks stand. 8: (m) Fireworks shall not be discharged within 100 feet of a fireworks stand. Signs to this effect shall be posted conspicuously at the lO stand. (n) In transporting fireworks from warehouses to stands (such as during re-supply), all federal, state, and'local transportation requirements must be met, including but not limited to placarding requirements for vehicles carrying over 1,000 pounds of fireworks. (o) It is unlawful to deliver fireworks to, or store fireworks at, other than the permit location. (p) No fireworks shall be stored outside the stand in any vehicle, trailer, or camper. When the stand is left unattended the stand must be securely locked against unauthorized entry. ~0 Transportation of fireworks to another fireworks location is pro- hibited. Such fireworks shall remain in the stand during the sales period. (q) Stands must be under the direct supervision of a competent adult 18 years of age or older at all iimes. The location of the clo- sest telephone must be prominently posted within the stand. 26 Overnight sleeping in a stand is prohibited. A separation distance of 25 feet must be maintained between any trailer, camper, vehicle and the stand. (r) Customers shall not be permitted inside the stand. 30 Ordinance No. 3976 32 Page Eight 5/3/84, 5/8/84 (2) 5/21/84 (s) A clear aisle or walkway must be maintained inside the stand for the full length of the stand. (t) At the end of the sales period, remaining stocks of fireworks must remain in the stand until removed to the suppliers from which they were purchased or to a location approved by the Fire Chief or his designee. Removal of all fireworks and accompanin§ litter must be accomplished within twenty-four (24) hours. Section 8. PUBLIC DISPLAY OF FIREWORKS. (a) Every public display of fireworks shall be handled by a competent operator approved by the Fire Chief or his designee and shall be of such character, and so located, discharged, or fired, that, in the opinion of the Fire Chief or his designee, after proper investigation, it will not constitute a hazard to property or endanger any person. Should the Fire Chief or his designee deny a permit for public display of fireworks, the applicant therefore shall have the right to appeal that denial to the appropriate Auburn City Council Committee, which shall consider such applica- tion, recommendation and denial, and in its discretion shall either uphold the denial or grant the permit applied for. (b) A State Pyrotechnics License is required for operators of a public display of fireworks. (c) A bond or certificate of insurance must be furnished to the Fire Chief before a permit is issued. The bond shall be in the amount of One Million Dollars ($1,000,000) and shall be conditioned upon the applicant's paj~nent of all damages to persons and property resulting from or caused by such publiic display of fireworks, or by any negligence on the part of the applicant or its agents, ser~ vants, employees or subcontractors in the presentation of the Ordinance No. 3976 Page Nine 5/3/84, 5/8/84 (2) 5/21/84 display. The certificate of insurance shall evidence a comprehen- sive general liability (including automobile coverage) insurance policy providing limits of One Million Dollars ($1,000,000) com- bined single limit, per occurrence and annual aggregate, no deduc- tible, and naming the City of Auburn as an additional insured. (d) Transportation and storage. 6 1. All fireworks shall be transported within the city in accordance with 49 CFR Part 177 and 397.9 (b) prior to 8 reaching the display site. 2. As soon as the fireworks have been delivered to the lO display site, they shall be attended and shall remain dry. 3. All shells shall be inspected upon delivery to the display site by the display operator. Any shells having tears, leaks, broken fuses, or showing signs of having been wet shall be set aside and shall not be fired. After the display, any such shells shall be either returned to the supplier or destroyed according to the supplier's instructions. 18 4. All fireworks at the firing site must be stored in ready boxes (substantially constructed wood magazines). During the display, the magazines muSt be 25 feet upwind (relation to firing line) from the nearest mortar. Magazine lids must open in the opposite direction to the firing. All ready boxes are to be protected by a flame- proof water repellent canvas cover until emptied. 5. The shell storage area shall be located at a minimum distance of not less than 25 feet from the discharge site. 6. During the display, shells shall be stored upwind from the discharge site. If the wind shifts during the display, the shell storage area shall be relocated to be upwind from the discharge site. 3~ Ordinance No. 3976 Page Ten 5/3/84, 5/8/84 (2) 5/21/84 (e) Preparation of site and crowd control. 1. All dry grass, weeds and other combustible waste matter within 50 feet of the firing site shall be removed. 2. The site shall be located so that the trajectory of shells shall not come within 25 feet of any overhead object. 3. Discharged fireworks shall not come within 100 feet of any tent or canvas shelter. 4. The firing and storage site shall be located not less than 200 feet from any building. 5. The operator shall provide sufficient personnel to assure that no unauthorized persons are allowed within 200 feet of the firing and storage site. This requirement shall be in effect from one-half hour prior to the arrival of fireworks until all fireworks debris, equipment and fireworks have been removed from the site. 6. Spectators shall be restrained behind lines or barriers at least 200 feet from the firing and storage locations. (f) Installation of mortars. 1. Mortars shall be inspected for dents, bent ends, and cracked or broken plugs prior to ground placement. Mortars found to be defective in any way shall not be used. Any scale on the inside surface of the mortars shall be removed. 2. Mortars shall be positioned so that the shells are carried away from spectators and buil.dings. When fired over water, mortars shall be installed at an angle of not less than 10 degrees, pointing toward the water. Ordinance No. 3976 Page Eleven 5/3/84, 5/8/84 (2) 5/21/84 3. Mortars shall be either buried securely into the ground to a depth of 2/3 to 3/4 of their length or fastened securely in mortar boxes or drums. In soft ground, heavy timber or rock slabs shall be placed beneath the mortars to prevent their sinking or bein9 driven into the ground during firing. 4. In damp ground, a weather-resistant bag shall be placed under the bottom of the mortar prior to placement in the ground to protect the mortar against moisture. 5. Weather-resistant bags shall be placed over the open end of the mortar in damp weather to keep moisture from accumulating on the inside surface of the mortar. 6. Sand bags, dirt boxes, or other suitable protection shall be placed around the mortars to protect the operator from ground bursts. This requirement shall not apply to the down-range side of the discharge site. (g) Operation of the display. 1. The operator shall provide fire protection at the site as required by the Fire Chief or his designee. 2. Only permitted fireworks are authorized for use. 3. If in the opinion of the Fire Chief or his authorized repre- sentative lack of crowd control should pose a danger, the display shall be immediately discontinued until such time as the situation is corrected. Ordinance No. 3976 Page Twelve 5/3/84, 5/8/84 (2) 5/21/84 5. If at any time high winds or unusually wet weather prevail such that, in the opinion of the Fire Chief, his authorized representative or the display operator, a definite danger exists, the public display shall be postponed until weather conditions improve to permit safe discharge of fireworks. 6. Light snow or mist need not cause cancellation of the display; however, all materials used in the display shall be protected from the weather until immediately prior to use. 7. Display operators and assistants shall use only flashlights or approved electric lighting for artificial illumination. 8. No smoking or open flames shall be allowed within 50 feet of the firing or storage area as long as shells are present. Signs to this effect shall be conspicuously posted. 9. The first shell fired shall be carefully observed to determine that its trajectory will carry it into the intended firing range and that the shell functions over, and any debris falls into, the planned landing area. 10. The mortars shall be re-angled or reset if necessary at any time during the display. 11. When a shell fails to ignite in the mortar, the mortar shall not be touched for a minimum of 5 minutes. After 5 minutes it shall be carefully flooded with water. Immediately following the display, the mortar shall be emptied into a bucket of water. The supplier shall becontacted as soon as possible for proper disposal instructions. 12. Operators shall not attempt to repair a damaged shell nor shall they attempt to dismantle a dry shell. In all such cases, the supplier shall be contacted as soon as possible for proper disposal instructions. 13. Operators shall not dry a wet shell, lance, or pot for reuse. Ordinance No. 3976 Page Thirteen 5/3/84, 5/8/84 (2) 5/21/84 14. The entire firing range shall be inspected immediately following the display to locate any defective shells. Any such shells found shall be immediately doused with water before handling. The shells shall be placed in a bucket of water. The supplier shall then be contacted as soon as possible for proper disposal instructions. 6 15. When fireworks are displayed in darkness the sponsor shall ensure that the firing range is inspected early the following 8 9 morning. 16. Any fireworks remaining unfired after the display shall be 10 immediately disposed of or removed from the City to the supplier from which they were purchased or to a location approved by the Fire Chief or his designee. 17. The debris from discharged fireworks shall be properly disposed. (h) The denial by the Fire Chief of a permit for the public display of fireworks may be appealed to the appropriate Auburn City Council Committee. 18 Section 9. PROHIBITED ACTS. (a) The manufacture of fireworks within the City of Auburn is prohi- ~0 bited. (b) The discharge of any fireworks in public parks is prohibited unless approved by the Director of the Parks and Recreation Department and the Fire Chief or his designee. (c) The discharge of fireworks inside or upon a structure is prohi- bited, unless a permit has been obtained from. the Fire Chief or his designee. (d) The discharging or throwing of ignited fireworks from vehicles or buildings is prohibited. $1 Ordinance No. 3976 Page Fourteen 3e 5/3/84, 5/8/84 (2) 5/21/84 (e) The discharging or throwing of ignited fireworks from watercraft or vessels is prohibited, unless a permit has been obtained from the Fire Chief or his designee. (f) Fireworks shall not be transported in or upon vehicles used for mass transportation such as buses or trains. § Section 10. SEIZURE OF FIREWORKS The Police Chief or his designee shall seize, take, remove or cause to be removed at the expense of the owner, all fireworks offered or exposed for sale, stored, possessed or used in violation of this Ordinance. (a) Any person whose fireworks are seized under the provisions of this lO section, may within ten (10) days after such seizure, petition the Police Chief in writin§ to return the fireworks seized upon the grounds that such fireworks were illegally or erroneously seized. Such petitions shall be considered by the Police Chief within fif- teen (15) days after filing and an oral hearing granted to the petitioner if requested. The decision of the Police Chief shall be provided in writing to the petitioner. The Police Chief may order the fireworks seized under this chapter disposed of, or returned to the petitioner if illegally or erroneously seized, providing such return is in compliance with State law~ and this ~0 Ordinance. (b) The determination of the Police Chief is final, unless within sixty (60) days an action is commenced in the Aukeen District Justice Court for the recovery of fireworks seized by the Police Chief. (c) If the fireworks are not returned to the petitioner or destroyed, the Police Chief may sell all confiscated common fireworks and special fireworks that are legal for use and possession under ~8 State law and this Ordinance to wholesalers licensed by the State of Washington. Sales shall be made by public auction after publishing a notice of the date, place and time of the auction in a newspaper of general circulation within the City. Such notice Ordinance No. 3976 Page Fifteen 5/3/84, 5/8/84 (2), 5/21/84 of public auction shall be made at least 14 days prior to the date of auction. The proceeds of any sale of seized fireworks under this Ordinance, shall be deposited in a special fund which shall be used for the sole purpose of educating the public on firework safety. (d) Fireworks that are illegal for use and possession in this City 6 shall be turned over to the State Fire Marshal for destruction Section 11. PENALTY CLAUSE. 8 Any person convicted of violating any of the provisions of this ordi- nance, shall be punished by payment of a fine of up to Five Hundred Dollars lO ($500.00), or a jail sentence of up to six (6) months, or both such fine and imprisonment, for each violation of the provisions of this Ordinance. Section 12. SAVINGS CLAUSE. The invalidity or unconstitutionality of any provision or section of this ordinance shall not render any other provision or section of this ordinance invalid or unconstitutional. Section 13. EFFECTIVE DATE. With the exception of Section 2 (c) 2 of this ordinance, this ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. ~0 Section 14. The Mayor is hereby authorized to implement such administra- tive procedures as may be necessary to carry out the directions of this legislation. INTRODUCED: MAY 21. 1984 PASSED: · MAY 21. 1984 _ ~5 APPROVED: _/~ MAY 21. ~,~ 27 ATTEST: M A Y 0 R~ erk APP ED T FOR ~l PUBLISHED: MAY 27~ 1984 //~ City Attorney Ordinance No. 3976 Paqe Sixteen 5/3/84, 5/8/84 (2), 5/21/84