The URL can be used to link to this page

Home My WebLink About6762 ORDINANCE NO. 6762 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO THE REGULATION OF FIREWORKS, AND AMENDING SECTIONS 2.22.190, 8.24.020, 8.24.030 AND 8.24.050 OF THE AUBURN CITY CODE WHEREAS, local jurisdictions may enact regulations relating to the sale, use and discharge of fireworks that are more restrictive than state law so long as the local regulations do not directly conflict with state law; and WHEREAS, the purchase, use, and discharge of illegal fireworks jeopardizes the welfare and safety of the citizens of Auburn; and WHEREAS, penalizing the illegal purchase, use, display, and discharge of fireworks exclusively through a criminal misdemeanor penalty is an inflexible and inefficient means of enforcement of the city's fireworks code, and requires a high standard of proof; and WHEREAS, the adoption of progressive civil infraction penalties to punish the illegal use and discharge of fireworks, in addition to criminal punishment for the more serious reckless discharge or use of fireworks, provides the police and courts additional, more adaptable options for punishment, which the court may impose upon a lower showing of proof. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Sections 2.22.190, 8.24.020, 8.24.030, and 8.24.050 of the Auburn City Code are amended to read as shown in Exhibit A. Ordinance No. 6762 February 29, 2020 Page 1 of 7 Rev. 2019 Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. Severability. 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 of it to any person or circumstance, will 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 will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: MAR 0 2 2020 PASSED: MAR 0 2 2020 APPROVED: MAR 0 2 2020 A CY KUS, MA OR ATTEST: APPROVED AS TO FORM: ak 'EL II M C, CityClerk Kendra Comeau, CityAttorney Shawn Campbell, Published: 6, 7,1314) gkifitbtlittaimeh Ordinance No. 6762 February 29, 2020 Page 2 of 7 Rev.2019 EXHIBIT A 2.22.190 Fireworks. It is unlawful to carry, shoot, fire, or explode any fireworks or explosives of any kind in any park. Violation of this section constitutes a Class 1 civil infraction punishable as provided in ACC 8.24.030pursuant to Chapter 7.80 RCW. (Ord. 6747 § 1 (Exh. A), 2019; Ord. 6465 § 1, 2013.) 8.24.020 Restriction on times for sale and discharge of fireworks. The sale, purchase and discharge of consumer fireworks shall not be permitted at any time except during the following times and dates: A. Sale and Purchase of Consumer Fireworks. Between the hours of 12:00 noon and 9:00 p.m. on June 28th of any year and between 9:00 a.m. and 9:00 p.m. on June 29th through July 4th of any year, with the sale of consumer fireworks 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. (Ord. 5679 § 1, 2002; Ord. 5385 § 1, 2000; Ord. 4749 § 2, 1995. Formerly 8.24.060.) D. Violation — Penalty. A first conviction for violating this section is a civil infraction with a maximum penalty of$250. A second conviction for violating this section is a civil infraction with a maximum penalty of $500 if the violations occurred within a 365 day period. A third or subsequent conviction is a misdemeanor punishable by a maximum penalty of 90 days in jail and/or a $1,000 fine if the violations occurred within 365 day period. In addition to any of these penalties, the city may order any seller of consumer Ordinance No. 6762 February29, 2020 Page 3 of 7 Rev.2019 fireworks that has been convicted of violating this section to discontinue all sales of fireworks for the remainder of the calendar year. These penalties do not preclude enforcement of this section through civil means. 8.24.030 Restrictions and permits A. Fireworks Restrictions. Fireworks and/or any device that will produce a visual and/or audible effect when exploded and/or detonated by combustion shall not be manufactured, possessed, used or detonated within the city of Auburn, Washington except as follows: 1. Flares for emergency operation. 2. Signal device to begin an athletic event or sport. 3. Use by military organizations. 4. Blank cartridges for show or theater. 5. A permitted fireworks display. 6. Where authorized by federal law within the Muckleshoot Indian Reservation. 7. Such fireworks may be possessed within the city of Auburn while in transit through the city of Auburn from a location where their purchase and possession is lawful to a location where their possession and use is lawful; provided, that such transit to and from such locations is continuous and uninterrupted while in the city of Auburn, and such transit is in a vehicle in which such transit can be safely accomplished and such transit while through the city of Auburn is on state highways only (SR-18, SR-164, SR-167); and further provided, that the transit is in conformity with all legal requirements for such transit. B. Violation — Penalty. A first conviction for violating paragraph A of this section is a civil infraction with a maximum penalty of$250. A second conviction for violating Ordinance No. 6762 February29, 2020 Page 4 of 7 Rev.2019 paragraph A is a civil infraction with a maximum penalty of$500 if the violations occurred within a 365 day period. A third or subsequent conviction is a misdemeanor punishable by a maximum penalty of 90 days in jail and/or a $1,000 fine if the violations occurred within 365 day period. C. Exceptions. Excluding in parks, as defined in ACC 2.22, Tthe following types of fireworks are able to be manufactured, possessed, used or detonated within the city of Auburn, Washington: 1. Sparkler: stick or wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. 2. Cylindrical fountain: cylindrical tubes containing pyrotechnic composition. Upon ignition, a shower of colored sparks and sometimes a whistling effect is produced. This device may be provided with a spike for insertion into the ground (spike fountain), a wood or plastic base for placing on the ground (base fountain), or a wood or cardboard handle if intended to be hand-held (handle fountain). 3. Cone fountain: cardboard or heavy paper cone containing pyrotechnic composition. The effect is the same as that of a cylindrical fountain. 4. Illuminating torch: cylindrical tube containing pyrotechnic composition. Upon ignition, colored fire is produced. May be spike, base or hand-held. 5. Wheel: pyrotechnic device attached to a post or tree by means of a nail or string. Each wheel may contain up to six driver units containing pyrotechnic composition. Upon ignition, the wheel revolves producing a shower of color and sparks and sometimes a whistling effect. 6. Ground spinner: small device similar to a wheel in design and effect, placed on the ground and ignited. A shower of sparks and color is produced by the rapidly spinning device. 7. Flitter sparkler: narrow paper tube containing pyrotechnic composition which produces color and sparks upon ignition. This device does not have a fuse for ignition. The paper at one end of the tube is ignited to make the device function. Ordinance No. 6762 February29, 2020 Page 5 of 7 Rev.2019 8. Smoke device: tube or sphere containing pyrotechnic composition which, upon ignition, produces white or colored smoke as the primary effect. CD. Permit for Display of Fireworks. A permit for display of fireworks may be issued by the fire chief under the provisions as set forth in ACC 8.24.040. E. Reckless Discharge or Use of Fireworks -- Penalty. Any person who uses or discharges fireworks in a reckless manner that creates a substantial risk of death or serious physical injury to another person or damage to the property of another is guilty of a gross misdemeanor punishable by a maximum penalty of 364 days in jail and/or a $5,000 fine. Upon conviction, the sentencing court may order restitution for any property damage or loss caused by the offense. (Ord. 5945 § 1, 2005; Ord. 5679 § 1, 2002; Ord. 5385 § 5, 2000.) 8.24.050 Violations —P$A-altyPermit revocation and seizure of fireworks A. - - - - - . • - - - - - air -- . . • . . •. • • -•- : - If a fireworks retailer is convicted of violating this chapter, the city's fire marshal or designee may revoke the retailer's permit, order the fireworks stand closed, and/or may deny approval of a request by the person for a fireworks license or permit for the next year. If a fireworks display operator violates this chapter, the city may revoke the operator's permit, prohibit operation of the display, enforce this chapter through any civil means, and if the operator is convicted of the violation the city may deny a request for a display permit 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 they commit or allow to continue any violation of the provisions of this chapter. Ordinance No. 6762 February29, 2020 Page 6 of 7 Rev.2019 C. Any fireworks which are illegally sold, offered for sale, used, discharged, possessed or transported in violation of the provisions of this chapter or of Chapter 70.77 RCW shall be subject to seizure by any police officer or by the city's fire marshal or designee. (Ord. 5679 § 1, 2002.) Ordinance No. 6762 February29, 2020 Page 7 of 7 Rev.2019