HomeMy WebLinkAbout4749 ! ORDINANCE NO. 47~
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING AUBURN CITY CODE SECTION 8.24.060
3 ENTITLED "RETAIL SALES AND DISC}{ARGE OF FIREWORKS" CONTAINED
IN CHAPTER 8.24 ENTITLED "FIREWORKS" TO PROHIBIT THE SALE,
4 POSSESSION, USE OR DISCHARGE FROM SIX O'CLOCK P.M. ON
DECEMBER 31 UNTIL ONE'CLOCK A.M. ON JANUARY 1ST OF THE
5 SUBSEQUENT YEAR.
7 WHEREAS, RCW 70.77 entitled "State Fireworks Law"
8 relates to the regulation of fireworks throughout the State
9 of Washington; and
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WHEREAS, RCW 70.77.395 has been amended to provide for
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an additional fireworks season on December 31 and January 1
12 of the subsequent year, unless an ordinance prohibiting such
13 sale or discharge is enacted within sixty days of the
14 effective day of the law; and
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WHEREAS, the City of Auburn finds that the welfare and
safety of the citizens of the City of Auburn may be
17 jeopardized by additional opportunities to purchase, use, and
18 discharge fireworks.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
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WASHINGTON, DO ORDAIN AS FOLLOWS:
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emotion 1. PURPOSE. The purpose of this ordinance
is to amend Auburn City Code Section 8.24.060 entitled
"Retail sales and discharge of fireworks" contained in
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Chapter 8.24 entitled "Fireworks', to prohibit the sale,
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purchase, use or discharge of fireworks from prior to noon on
June 28th or after 10:00 p.m. on July 4th each year,
including but not limited to, from 6:00 p.m. on December 31
! until 1:00 a.m. on January 1st of the subsequent year.
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~. Section 8.24.060 of the Auburn City Code is
4 hereby amended to read as follows:
A. Fireworks which are defined as common fireworks in
this chapter are legal for sale and use within the city of
Auburn as set forth in this chapter. Common fireworks shall
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8 only be offered for sale, and shall only be sold, to persons
who are 16 years of age or older.
10 B. The sale, Purchase, use or discharq~ of any firework
in the city of Auburn prior to 12=00 noon on June 28th or
12 after 10:00 p.m. on July 4th each year. including but nQt
limited to, from 6:00 D.m. on December 31 until 1:00 a.m. on
14 January 1st of the subsequent year_ is prohibited except
15 where authorized by fire department permit or exempted under
16 ACC 8.24.010. No common fireworks will be sold except
between the following hours and dates:
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]8 June 28 12:00 noon to 10:00 pm.
June 29 - July 4 9:00 a.m. to 10:00 p.m.
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20 NO common fireworks will be used or discharged except
21 between the following hours on July 4 of each year:
July 4 9:00 a.m. to 11:00 p.m.
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C. Only fireworks defined as common fireworks in this
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chapter may be sold at retail stands. Common fireworks shall
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Ordinan~ 4749
26 June 1, 1995
Page 2
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only be offered for sale, and shall only be sold, to persons
! who are 16 years of age of older.
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D. A permit for the retail sale of fireworks issued by
3 the fire chief must be prominently displayed at the sales
4 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 chapter. Each
8 permit application must be accompanied by a certificate of
9 insurance.
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F. The certificate of insurance shall evidence a
comprehensive general liability, including automobile
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coverage, insurance policy providing limits of $1,000,000,
13 combined single limit, per occurrence and annual aggregate,
no deductible, and naming the city of Auburn as an additional
15 insured.
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G. A bond in the amount of $50.00 must be posted with
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the city of Auburn at least 30 days in advance of the initial
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sales date to provide for costs of site cleanup if the
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operator fails to perform such cleanup.
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H. The proposed stand shall be constructed in a manner
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which shall insure the safety of attendants and patrons. All
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fireworks stands shall be constructed with a shelf 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
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O~inan~ 4749
26 June 1, 1995
Page 3
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the shelf and the other three sides must be of a type of
! material such as plywood.
2
I. The electrical wiring within the proposed stand
3 shall conform to the state of Washington laws, rules and
4 standards.
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J. Retail operators will obtain a permit for the
6 construction of the proposed fireworks stand from the city
7 building department.
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K. The location of a fireworks stand shall be approved
9 by the fire chief and the police chief or their designees.
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L. The owners and operators of fireworks stands shall
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be approved by the fire chief and police chief or their
12 designees.
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M. Retailers required to be licensed under this
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chapter shall post prominently at each retail outlet a list
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of the fireworks that may be sold to the public in this state
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pursuant to this chapter and the laws of the state of
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Washington. The posted list shall be in a form approved by
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the State Fire Marshal who shall make that list available.
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~. S~__~. The provisions of this
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ordinance are declared separate and severable. The
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invalidity of any clause, sentence, paragraph, subdivision,
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section, or portion of this ordinance or the invalidity of
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the application thereof to any person or circumstance, shall
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not affect the validity of the remainder of the ordinance,
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O£~nan~ 4749
26 June 1, 1995
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nor the validity of its application to other persons Or
! circumstances.
2 · t~g~_~. The Mayor is hereby authorized to implement
3 such administrative procedures as may be necessary to carry
4 out the directives of this legislation.
5 ~R_~. This ordinance shall take effect and be in
6 force no sooner than five (5) days from and after its
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passage, approval and publication, as provided by law.
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9 INTRODUCED: &--g--~3-~
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14 MAYOR
15 ATTEST:
Robin Wohlhueter,
18 City Clerk
APPROVED AS TO FORM:
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22 s,
City Attorney
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26 June 1, 1995
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