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HomeMy WebLinkAbout10-17-2005 ITEM VIII-A-2CITY OF WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 5945 Date: September 13, 2005 Department: Legal Attachments: Ordinance No. 5945 Budget Impact: Administrative Recommendation: City Council introduce and adopt Ordinance No. 5945. Background Summary: The current provisions of the Auburn Municipal Code restrict certain activities with respect to fireworks, including manufacture, use or detonation of certain types of fireworks within the City of Auburn. The regulations, as they currently exist, do not, however, specifically prohibit possession of illegal fireworks. In order to more adequately address the concerns that exist with respect to fireworks, it is appropriate to provide for a prohibition of possession in and of itself. An exception, likewise, would need to be provided where the possession of such fireworks in the City of Auburn is while in transit through the City from locations where their possession is lawful to other locations where their possession is likewise lawful, and with no intervening stops or disruptions of such transit through the City. Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until _/_/_ Tabled Until _/_/_ Councilmember: Cerino Staff: Heid Meeting Date: October 17, 2005 1 Item Number: VIII -A.2 AUBURN* MORE THAN YOU IMAGINED ORDINANCE NO. 5 9 4 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 8.24.030 OF THE AUBURN CITY CODE RELATING TO FIREWORKS WHEREAS, the current provisions of the Auburn City Code have regulations that deal with those types of fireworks that may be legally purchased and discharged within the City, as well as an identification of those that are illegal for such purposes; and WHEREAS, the provisions of the City Code also address the authority of the police and Fire Marshall to seize and forfeit fireworks that are being purchased, sold and possessed illegally; and WHEREAS, in order to clarify some issues with respect to the prohibited conduct, it is appropriate that possession be specified more clearly in the prohibitions, in addition to its reference in the language dealing with seizure and forfeiture. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That section 8.24.030 of the Auburn City Code is amended to read as follows: 8.24.030 Restrictions and permits. A. The following fireworks shall not be manufactured, possessed, used or detonated within the city of Auburn, Washington: Any device that will produce a visual and/or audible effect when exploded and/or detonated by combustion, except as follows: Al. Flares for emergency operation. 92. Signal device to begin an athletic event or sport. G3. Use by military organizations. 1)4. Blank cartridges for show or theater. €5. A permitted fireworks display. F-6. Where authorized by federal law within the Muckleshoot Indian Reservation. Ordinance No. 5945 September 14, 2005 Page 1 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. GB. The following types of fireworks are aeeeptedable 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. 8. Smoke device: tube or sphere containing pyrotechnic composition which, upon ignition, produces white or colored smoke as the primary effect. #C. 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. (Ord. 5679 § 1, 2002; Ord. 5385 § 5, 2000.) Ordinance No. 5945 September 14, 2005 Page 2 Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions 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 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 five days from and after its passage, approval and publication as provided by law. DATED and SIGNED this day of 2005. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN ATTEST: R B. LEWIS, MAYOR Danielle E. Daskam, City Clerk GTL , City PUBLICATION Ordinance No. 5945 September 14, 2005 Page 3