Loading...
HomeMy WebLinkAboutITEM V-AC(TYQF AGENDA BILL APPR~VAL~ FgRM WASHINGTON Agenda Subject: ordinance No. 6314 ~ Date: June 15, 2410 Deparbnent: Attachments: ordinance 6314 Budget Impact: Police ~ _ Administrative Recommendation: City Council introduce and adopt Ordinance No. fi314. Background Summary: The current .provisions of the Auburn Municipal Code provide. for regulation of fireworks., essentially holding anything that goes up in the air or~explodes, "goes up or blows up,~ is illegal and impermissible in . the City of Auburn. Because of recent problems that the City has had with respect to people lighting off fireworks, including fireworks that appear not tv be in conformity with the City regulations; it is appropriate that the City Council consider its options. -Among Chase options are further restricting the. ban on fireworks. If the ban weremore comprehensive, such as providing that only~sparklers and such devices could be .used, and prohibiting all other commercial fireworks; except for public displays, it would set an . easier demarcation between those things that are permitted and.thase things~that are not; so that police would have an easier time enforcing the regulations at hand. Proposed ordinance 6314 would,prohibit fireworks, other than for sparklers and other than for public displays of f reworks, as defined in the Code. AOfi21-1 01..8 Reviewed by Council ~ Committees: Reviewed by Departments & Divisions: ❑ Arts Commission G4UNCIL COMMITTEES: ❑ Building ~ ❑ M&4 ❑ Airport . , ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. Finance ❑ Parks Human Services ~ ❑ Planning & GD ❑ Fire ❑ Planning Park Board ~❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ 4ther ❑Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No _ Council Approval: ❑Yes ❑No Call far Public Hearing ~,,,1 1____ Referred to Until ~ 1 ! Tabled Until 1 1 Councilmember: Peloza ~ Staff: hell Meetin Date: June 21, 2410 Item Number: VI I I.A.3 . ~Bj.,JRN M.~RE THAN YOU ~MA~NED ORDINANCE No. 6 31 ~ AN aRDINANCE OF THE CITY COUNCIL OF THE CITY GF AUBURN, WASHINGTON,~A~IENDING CHAPTER 8.24. GF THE AUBURN CITY CODE RELATING TG FIREWORKS WIIHEREAS, the laws of the State ~of Washington authorize municipalities to exercise some controls over the sale and use of fireworks with their corporate boundaries; and ~ _ WHEREAS, the City Council of the City of Auburn recognizes the dangers: ghat . fireworks -resent to the health, safe and welfare of the ~ci#izens of the City of Auburn; P tY and ~ ~ . WHEREAS, in keeping with~..those concerns, it is aappropriate to prohibit the use ossession and detonation of certain fireworks within 'the City~of Auburn; and ,p WHEREAS, additionally, after further review of the city code, it is also a ro riate to clari the Ian ua a regarding the issuance and approval of firework sale PPP fY 9 g . permits. . ~ NOW, THEREFORE, THE CITY COUNCIL OF THE CITY GF .AUBURN, . WASHINGTGN, D~ ORDAIN as follows: Section 1. Amendment to Ci Code. That chapter 8.24 of the Auburn . Ci Code is amended to read as follows: Chapter.8.24 FIREWORKS Sections: 8.24.410 RCW adopted - Copies filed and authenticated. 8.24.020 Restriction on times for sale and discharge of f reworks. ~~8.24.030 ~ ~ ~ ~sRestriction on types of fireworks. . .riwrrrrrrrru~ ii iinuu rr..rr....i~~rr 8.24.040 Public display of fireworks. 8.24.05o Violation Penalty. Ordinance Nv. ~ 6314 June 14, 2010 Page 1 8.24.060 Severability. 8.~4.D~ 0 RCVII adopted -Copies fired and authenticated. Except. as otherwise provided herein, Chapter 70.71 RCW, State Fireworks Law; is hereby adopted by reference, including all future amendments or additions thereto, and under the provisions of RCW 35A.12.140, the sections codified in this chapter shal,I be published as required by law, but the specifed Chapter lD.ll RCW adopted by reference need not be published but Shall ~ be authenticated and ~ recorded with the Auburn city clerk, and not less than one copy of such chapter in the form in which it was adopted shall forthwith be filed in the offce of the Auburn city:clerk for use and examination by the public. Crd. 5679 § 1, 20x2; Crd. 5385 § 3, 2aao. ~ . 8.2.4.020 Restriction on times for sale and discharge of fireworks. .The sale, purchaseL ~ossessonand discharge of ~ consumer fireworks shall, not be permitted at any time except for the type~s} of fireworks _described in Sectio 88 2,4.03.0 of this Chapter! and except during the following times and dates: A.~ Sale and Purchase of Consumer Fireworks. Between the hours of 12:40 noon and 9:00 p.~m: on June ,28th of any year and between 9:DD a.m. and 9:00 p.m. on June 29th through July 4th .vf any year, with fhe sale of consumer freworks not being permitted on or around New Year's Day, or at any time other than specified above; and ; , B. Discharge on July Fourth, Between the hours of 9:00 a.m. and 11:00 p.m. on the . 4th of July of any year; and . C.. Discharge on New Year's. Between the hours of 6:00 p.m,~ on December 31st and 1:00 a.m. on January 1st of the subsequent year. _ D. An ~ sale of fireworks described in Section 8.24.030 of this Cha ter shall be b ermit issued b the Ci of Aubum and a roved b the chief of the Salle Re Tonal Fire Auth_ orit ~ VRF,,,A~. E.:. It: is ~ rovided however that ossession of consumer fireworks ma occur within the Cit of.Auburn while such fireworks are in transit throu h the Cit of Auburn from a Iocation~ where their - urchase and ossession are lawful to ~a location where their ossession and use are lawful rovided that such .transit to and from such locations is continuous and unin~~erru ~ted while.within the Cit~ of Auburn and that such transit is in a vehicle in which such transit.can be safel accom fished and .that such transit throw h the Cit of Auburn is on state hi hwa ~s onl SR=18 SR-164 SR-16? ~ and it is further rovided that the transit of such fireworks is in conformit with all le al re uirements for such transit. Crd. 5619 § .1, 2002; Crd. 5385 § 1, 2D00; ord. 4749 § 2,1995, Formerly 8.24.060.E 8.24.D3D ~ Restriction on es of fireworks. . . . M~wrrN~~N~M~w#~~~ ~~M~ ordinance No. 6314 ~ . June 14, 2010 Page 2 a ~ i . ~ _ • t ~ f f s ~ , e . . . . . . a . a ~ ~ ' . . • . 2 ~ ~ ~ ~ ~ ~ ' . . . . . ~ . . • ~ . • ~ ' , ~ . . _ . ~ • . ~ . } . . ~ ~ ~ . . . . . . ~ ~ r A. The followin t e s of freworks shall be ermitted within the time arameters • described in Section 8.24,020 of .this ,chapter: 1. ''S arlciers" means ~ a wire or stick coated with rotechnic. com osition that raduces a shower of s arks u on i nition. 2. No s arklers ma be combined at an time unless the are affxed to a common base and .•the total ua_ ntit of ...rotechnic com osition of all s arklers combined does not exceed.200 rg ams, 3. All other.t es of .Consumer Fireworks are , rohibited within the Cit of .Auburn exce t as a art of a ublic dis•~ la ~f fireworks ursuant to Section 8.24.040 et se . of this Cha ter. • • ~B. Permit. for Display of Fireworks. A permit. for display of fireworks may be issued by the Cit of Auburn and a roved by the ~e-chief of the V_RFA under the provisions as set forth in ACC 8.24,040. ~~rd. 5945 § 1, 2005; Ord. 5619 § 1, 2002; ard. 5385 § 5, 2000.E . 5.24.040 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 rrrwrMMwrrrr~.nrrrrrrrrrrrwwirrr • ordinance No. 6314 June 14, 2410 Page 3 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 therefor shall have the right to appeal that denial to the appropriate Auburn city council committee, which shall consider such application, 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 $1,000,000 and shall be conditioned upon the applicant's payment of all damages to persons and property resulting from or caused by such public display of fireworks, or by any negligence an the part ~of the applicant ,or its agents; ~ . - ~ servants, employees or subcontractors in the' presentation of the display. The certificate of . . insurance shall. evidence a comprehensive general liability, including automobile coverage, insurance policy providing limits of $1,,000,000 combined single limit, per occurrence and annual aggregate, no deductible, and naming the city of Auburn as an additional insured. D. Transportation and Storage. ~ . 1. All fireworks shall be transported within the city in accordance with 49 CFR Part 17l and ~391.9~b} prior to reaching the display site. 2: As soon as the f reworks have been delivered to the 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. 4. All fireworks at the ~flring site must be ,stored. in ready boxes ~subs~antially. . constructed wood magazines}. During the display, #he~ magazines must be 25 feet upwind relation to firing line} from the nearest. mortar. Magazine lids must open in the opposite direction to the ~f r1ng. 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 wrrind shifts during the display, the shell storage area shall be relocated to be upwind from 'the discharge site. ~ ~ E. Preparation of Site and Crowd Control. 1. .All dry grass, weeds and other combustible waste matter within 50 feet of the fring 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. ~ ~ ~ f 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 on.e-half hour prior to th.e arrival of fireworks u-ntil all fireworks debris, equipment sand fireworks have been removed from tl~e site. ~ , - 6. Spectators shall be restrained behind lines or barriers at least 200 feet from the firing and storage locations. F. Installation of Morkars. Qrdinance No. 6314 June 14, 2010 Page 4 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 buildings. When fired over water, mortars shall be installed at an angle of not less than 1 D degrees, pointing toward the water. 3: Mortars shall be either buried. securely into the ground to a depth of betweentwo- thirds and three-fourths 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 being driven into the ground during fring. 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 ether 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. Onfy permitted fireworks are authorized for use. ~ . 3. If, in the opinion of the fire chief or his authorized representative, lack of..crowd control shouldpose a danger, the display shall be immediately discontinued until such time as the situation is corrected. 4. ~ 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. 5. 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. 6: Display operators and assistants shall' use only flashlights or approved electric lighting for artificial illumination. 1. No smoking or open flames shall be allowed within 50 feet of the fring or storage aroa as long as shells.are present. Signs to.this effect shall be conspicuously posted. 8. The first shell fired ~shal~ be carefully observed tv determine that its trajectory will carry it into the intended fring range and that the shell functions over, and any debris falls into, the planned. Landing area. 9. The mortars shall be re-angled or reset if necessary at any time during the display. 10. ; When a shell fails to ignite in the mortar, the mortar shall not be touched for a minimum of five minutes. After five mihutes it shall be carefully flooded with water. Immediately following the display, the mortar shall be emptied into a bucket of water. The supplier shall be . contacted as soon as possible for proper disposal instructions. 11. 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 b~e contacted as soon as passible for proper disposal iristructians. 12. Operators shall not dry a wet shell, lance, or pot for reuse. 13. 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 rrrrrrrrrrrw-r~wrrrrrrrrMw+.rrrr . Ordinance No. 6314 June 14, 2010 Page 5 r 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, 14. When fireworks are displayed in darkness the sponsor shall ensure that the firing range is inspected early the following morning. . 15. Any fireworks remaining unf red after the display shall be 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. 15. The debris .from discharged fireworks shall be properly disposed of. . H. ~ The denial by the f re chief of a permit for the public display of fireworks may be appealed to the appropriate .Auburn city council committee. {ord. 5fi19 § 1, 2002; Ord. 5385 § fi,. 200D; ord. 3916 § 8,1984. Formerly 8.~24.o8D.} S.Z4.05o Violation -Penalty. A. Any person violating any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a tine in an amount not exceeding $1,OOD, ~r ~by imprisonment in jail for ~a term not exceeding 90 days, or by both, In the case of a conviction for a violation of this chapter, the ' . VRFA chief or designee may order the fireworks stand closed and may deny approval of a request by the person far a fireworks license for the next year. B. A person is guilty of a separate offense for each separate and distinct violation of any provisions of this chapter; and a person is guilty of a separate offense for each day during which helshe commits or allows to continue any violation of the provisions of this chapter. C. Any .f reworks which are illegally sold, offered for sale, .used, discharged, . possessed or transported in violation of the provisions of this chapter or of Chapter 10.17 RCVII shall, be subject to seizure by any police officer yr by the city's fire marshal or his designee,. . {ord. 5579 § 1,~ 2002.} . 8.24.ofi4 Se~erability. if any provision .of this chapter or Chapter 70.71 ~ RCVS adopted by reference in this . chapter and. effective from and after five days from. publication following adoption by the city council or its application to any person or circumstance is held invalid, the. remainder of this chapter or its application of the provisions to other persons . or circumstances shall not be affected. {ord. 5679 § 1, 20D2; ord. 5385 § 4, 2D00. Formerly 8,24.020.} . Section 1. Im lementation. The Mayor is hereby authorized to implement , such administrative rocedures as ma be necessa to carry out the directions of~ this p Y ry legislation. . , Section 3. Severabiii The provisions of this ordinance are declared to be separate and severable. ~ The invalidity of any clause, sentence, ,paragraph, subdivision, section or portion of .this ordinance, or the invalidity of the application ordinance No. fi314 June 14, 2010 Page 6 thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons. or circumstances. Section 4. Effective date. This ordinance shall take effect and be in force three hundred sixty-foe ~365~ days from and after its ,passage and approval, and after its publication as .provided bylaw. DATED and SI.~NED this day of , 2014. INTRODUCED: PASSED: AP P RAVE D: CITY of AUBURN PETER B, LEVIIIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APP E 0 F M: Daniel B. ' , City Attorney PUBLICATION wr~M wMr Ordinance No. 6314 June 14, 2010. Pagel ~