HomeMy WebLinkAboutITEM VIII-A-1
*'
AunBttN
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Ordinance No 6055
Date: 11/15/06
Department: I Attachments:
Legal Ordinance No. 6055
Administrative Recommendation:
Budget Impact:
City Council introduce and adopt Ordinance No. 6055.
Background Summary:
The current provisions of the Auburn City Code impose limitations and restrictions of the types of
fireworks that can be used by private persons, to be distinguished from public displays operated by
licensed pyrotechnic operators. The problems that the City has experienced from private fireworks usage
have included damage to property, injury to persons and harassment of pets. Because of the
irresponsible actions of those who disregard the limitations of law and safety of their neighbors, to the
point where some people feel motivated to leave during fireworks usage out of concern for their own
safety or the safety of their family and family pets, and others feel more like prisoners in their own homes,
afraid to leave for fear of damage to their property, it is appropriate for the City Council to consider
banning all private use of fireworks within the City, and focusing, instead on licensed public displays.
Pursuant to RCW 70.77.250(4), any change in the regulations of what fireworks may be used require an
ordinance adopted at least a year in advance of the effective date of such changes. Accordingly, if
adopted, this ordinance would not be effective until late 2007.
01.8
Reviewed by Council & Committees:
o Arts Commission COUNCIL COMMITTEES:
o Airport 0 Finance
o Hearing Examiner 0 Municipal Servo
o Human Services 0 Planning & CD
o Park Board OPublic Works
o Planning Comm. 0 Other
Reviewed by Departments & Divisions:
o Building 0 M&O
o Cemetery 0 Mayor
o Finance 0 Parks
o Fire 0 Planning
o Legal 0 Police
o Public Works 0 Human Resources
Action:
Committee Approval:
Council Approval:
Referred to
Tabled
DYes ONo
DYes ONo Call for Public Hearing _'_'_
Until_'_'_
Until _'_'_
Councilmember: Cerino
Meetin Date: November 20, 2006
Staff: Heid/Kell
Item Number: VIlI.A.1
AUBURN * MORE THAN YOU IMAGINED
ORDINANCE NO.6 0 5 5
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTIONS 5.20.030, 8.28.010, 15.36A.011 AND
CHAPTER 8.24 OF THE AUBURN CITY CODE
RELATING TO FIREWORKS
WHEREAS, the City Code for the City of Auburn, Washington, currently
provides restrictions and limitations on fireworks use and sale, including limitations
on what may be discharged and when common fireworks may be sold and used
by individuals; and
WHEREAS, the city code also includes provisions that provide for public
displays of fireworks; and
WHEREAS, pursuant to RCW 70.77.250(4), city councils may adopt
provisions in their city codes that are more restrictive than state law to be effective
no sooner than after the date of adoption; and
WHEREAS, it is the interest of the city council of the City of Auburn,
Washington, to promote attention to public displays of fireworks, rather than
individual displays of fireworks, in consideration of the problems that have
occurred in connection with the fire danger and the risk of injury to individuals, so
that, like many other jurisdictions in the State of Washington, the city council would
desire to further restrict private use of common fireworks; and
WHEREAS, the amendments to the Auburn City Code, restricting personal
use and possession of fireworks are necessary to address the problems of fires,
police and emergency calls, noise, injury and property damage, and impacts to
Ordinance 6055
November 6, 2006
Page 1
pets and animals within the City, as well as the need to protect and preserve the
peace and enjoyment, and security, of property owners and residents of the City in
their homes; and
WHEREAS, because of the risks of injury and danger to property, as well
as the upset to people and their pets caused by the noise of fireworks and the
irresponsible actions of those who disregard the limits that have been imposed on
use of fireworks, many people are compelled to leave their homes, their
neighborhoods and the City during the times that fireworks are being discharged,
and others feel that they are prisoners in their homes during such times since they
are afraid to leave for fear of what could happen to their homes, to their property or
to their pets in their absence; and
WHEREAS, especially in light of the City Council's focus on licensed public
displays, it is appropriate for the non-public displays be prohibited in the City of
Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code.
That section 5.20.030 of the
Auburn City Code be and the same hereby is amended to read as follows:
5.20.030 License required - Fee - Term - Notices - Exemptions.
A. It is unlawful for any person, firm or corporation to engage in any
business as provided in this chapter within the city limits without first obtaining a
license pursuant to the provisions of this chapter.
B. The fee licensing under the provisions of this chapter shall be as
follows:
Ordinance 6055
November 6, 2006
Page 2
Type
Fee
Initial
Ambulance Services License
Business No Fee
Attendant No Fee
Amusement Device License
1 to 4 $40.00
5 or more $70.00
Auto Races License
Renewal
No Fee
No Fee
$20.00
$20.00
$20.00
$70.00
Cabaret License
$50.00 $20.00
Carnivals, Circuses, Shows, etc., Licenses
Carnival/circus $70.00 $20.00
Theater/concert $70.00 $20.00
Show/exhibition $70.00 $20.00
Public amusement $70.00 $20.00
Dance License
Fire Extinguisher
Without testing
With testing
Fireworks Stands License
$50.00
$30.00
$45.00
$20.00
$20.00
$20.00
Business $85.00 $20.00
Attendant $85.00 $20.00
Merchant Patrol, Private Detective License
Merchant patrol agency$55.00 $20.00
Patrolman $55.00 $20.00
Detective agency $55.00 $20.00
Detective $55.00 $20.00
Motor Vehicle Wreckers License
$85.00/Event
Pawnbrokers/Secondhand Dealers License
$40.00 $20.00
$40.00 $20.00
Solicitor License
Master
$40.00
$20.00
Ordinance 6055
November 6, 2006
Page 3
Term
7/1-6/30
7/1 - 6/30
7/1-6/30
7/1-6/30
7/1 - 6/30
7/1 - 6/30
7/1 - 6/30
7/1 - 6/30
7/1 - 6/30
7/1 - 6/30
7/1 - 6/30
7/1 - 6/30
7/1 - 6/30
7/1 - 6/30
7/1 - 6/30
7/1 - 6/30
7/1 - 6/30
7/1 - 6/30
7/1 - 6/30
7/1 - 6/30
7/1 - 6/30
7/1 - 6/30
Agent $40.00
Individual $40.00
Taxicab Businesses - Requires King
Auburn
Tow Truck Business License
Business $60.00
Driver $40.00
$20.00 7/1 - 6/30
$20.00 7/1 - 6/30
County license only to operate in
$20.00
$20.00
7/1 - 6/30
7/1 - 6/30
C. A duplicate license shall be issued by the business license clerk, as
designated by the mayor, to replace any license previously issued which has been
lost, stolen, defaced or destroyed, upon the filing of an affidavit attesting to such
fact and the paying to the business license clerk of a fee of $1.00.
D. Any notice required by this chapter to be mailed to any licensee shall
be sent by ordinary mail, addressed to the address of the licensee shown by the
records of the business license clerk or, if no such address is shown to such
address as the business license clerk is able to ascertain by reasonable effort.
Failure of the licensee to receive such mailed notice shall not release the licensee
from any fee or penalties thereon, nor shall such failure operate to extend any time
limit set by the provisions of this chapter.
E. This section grants an exemption from paying a fee for any licenses
required under the provisions of this chapter to bona fide nonprofit, charitable,
religious, or philanthropic persons or organizations.
1. Any person or organization claiming the exemptions of this section
shall file with the business license clerk an affidavit setting forth facts sufficient to
show the application of this section and the right to such exemption.
2. Persons or organizations required to be licensed by the state of
Washington, wherein the state has preempted the field of endeavor of any such
persons or organizations, shall not be required to obtain a license from the city
under the provisions of this title; provided however, any such persons or
organizations doing business within the city limits of the city shall carry the state
license on his or her person at all times when doing business within the city, and
shall exhibit such state license whenever he or she is requested to do so by any
police officer or any person who asks to see the same. (Ord. 5897 S 7, 2005; Ord.
4012 S 2,1984.)
Section 2. Amendment to City Code.
That section 8.28.010 of the
Auburn City Code be and the same hereby is amended to read as follows:
8.28.010
Noise control.
Ordinance 6055
November 6, 2006
Page 4
A. General Prohibition. It is unlawful for any person to cause, or for any
person who owns or occupies property to allow to originate from the property,
sound that is a public disturbance noise.
B. Public Disturbances. The following sounds are public disturbance
noises in violation of this chapter:
1. The frequent, repetitive or continuous sounding of any horn or siren
attached to a motor vehicle, except as a warning of danger or as specifically
permitted or required by law;
2. The creation of frequent, repetitive or continuous sounds in
connection with the starting, operation, repair, rebuilding or testing of any motor
vehicle, motorcycle, off-highway vehicle or internal combustion engine within a
residential district, so as to unreasonably disturb or interfere with the peace and
comfort of owners or occupants of real property;
3. Yelling, shouting, whistling or singing on or near public streets,
particularly between the hours of 10:00 p.m. and 8:00 a.m. or at any time and
place as to unreasonably disturb or interfere with the peace and comfort of owners
or occupants of real property;
4. The creation of frequent, repetitive or continuous sounds which
emanate from any building, structure, apartment or condominium, which
unreasonably disturb or interfere with the peace and comfort of owners or
occupants of real property, such as sounds from musical instruments, audio sound
systems, band sessions or social gatherings;
5. Sound from motor vehicle audio sound systems, such as tape
players, radios and compact disc players, operated at a volume so as to be
audible greater than 50 feet from the vehicle itself;
6. Sound from portable audio equipment, such as tape players, radios
and compact disc players, operated at a volume so as to be audible greater than
50 feet from the source and not operated upon the property of the operator, and if
operated on the property of the operator, then so as to be audible greater than 50
feet from the boundary of the property;
7. The squealing, screeching or other such sounds from motor vehicle
tires in contact with the ground or other roadway surface because of rapid
acceleration, braking or excessive speed around corners or because of such other
reason; provided, that sounds which result from actions which are necessary to
avoid danger shall be exempt from this section;
8. Construction noise shall be regulated as follows:
a. Except as provided for in subsection (B)(8)(b) of this section, sounds
originating from construction sites, including but not limited to sounds from
construction equipment, power tools and hammering before 7:00 a.m. and after
10:00 p.m. on any day of the week except Sunday and before 9:00 a.m. and after
10:00 p.m. on Sundays;
b. For construction on property in the R1, R2, R3, LHR1, LHR2, LHR3
and PUD zones, sounds originating from construction sites, including but not
Ordinance 6055
November 6, 2006
Page 5
limited to sounds from construction equipment, power tools and hammering before
7:00 a.m. and after 7:00 p.m. and on weekdays, before 9:00 a.m. and after 6:00
p.m. on Saturday and Sunday;
c. Construction activity may be permitted outside the hourly limits set
forth in subsections (B)(8)(a) and (b) of this section only upon application and
approval by the city planning, building and community director. Criteria for
approval shall include project remoteness, undue hardship or other reasonable
standards. Approval may only be for specific dates and times and other compelling
reasons. In order to be entitled to receive approval, the applicant must show the
city that the need for expansion of the hours is caused by circumstances of an
unforeseen and emergency nature or circumstances where there are no other
reasonable alternatives other than the relief requested. Approval may only be for
specific dates and times and under terms that the approving official deems
appropriate under the circumstances;
d. The request for the expansion of the hours for construction related
noise shall be made in writing to the planning, building and community director, on
forms available from the planning, building and community department. Decisions
of the planning, building and community director on such requests may be
appealed by a party affected by the decision to the city's hearing examiner.
Appeals of decisions of the planning, building and community director shall be
based solely on the above criteria;
e. It is further provided that the mayor or designee shall be entitled to
exempt from the provisions of this subsection (B)(8) public agency projects
involving work in public rights-of-way, right-of-way agreements and right-of-way
permits, where noise is addressed as a condition of approval or agreement;
9. Sounds originating from residential property relating to temporary
projects performed by the homeowner for the maintenance or repair of homes,
grounds and appurtenances, including but not limited to sounds from lawnmowers,
powered hand tools, snow removal equipment and any other power motorized
equipment before 7:00 a.m. and after 10:00 p.m. on any day of the week except
Sunday and before 9:00 a.m. and after 10:00 p.m. on Sundays;
10. Continuing and/or ongoing sounds from nonemergency motor
vehicles audible more than 25 feet away from the vehicle located on or in the
vicinity of residential property, which sounds reasonably cause the annoyance or
disturbance of two or more neighbors not residing at the same address, due to the
ongoing or repetitive nature of the sounds, or the very early or very late hours of
the sounds. For the purposes hereof, sounds coming from motor vehicles,
including but not limited to engine sounds, horn sounds, hydraulic or air break
sounds, or other equipment located on the motor vehicle or attached trailer, that
are audible more than 25 feet away from the vehicle located on or in the vicinity of
residential property, after 10:00 p.m. at night or before 7:00 a.m. on any day of the
week except Sunday and after 10:00 p.m. at night or before 9:00 a.m. on Sundays,
shall be presumed to be a public disturbance noise. Such presumption shall only
Ordinance 6055
November 6, 2006
Page 6
be rebutted upon a showing before the adjudicatory body that the noise was
caused by circumstances of an unforeseen and emergency nature.
C. It is also unlawful, and a violation of this chapter, for the owner or
other person having control or custody of any dog, cat, or other animal to allow
such dog, cat, or other animal to habitually howl, yelp, bark, or make other noises
which unreasonably disturb another person.
D. Exclusion. This chapter shall not apply to community events such as
parades or regularly scheduled events at parks, such as public address systems
for baseball games or park concerts between the hours of 9:00 a.m. and 11 :00
p.m. This chapter shall not apply to public displays of fireworks lawfully discharged
within the city. This chapter shall also not apply to public safety training activities
between the hours of 7:00 a.m. and 11 :00 p.m. (Ord. 6017 S 1, 2006; Ord. 6010 S
1, 2006; Ord. 5899 S 1, 2005; Ord. 5658 S 1,2002; 1957 code S 9.10.010.)
Section 3. Amendment to City Code.
That section 15.36A.011 of
the Auburn City Code be and the same hereby is amended to read as follows:
15.36A.011 Adoption.
The International Fire Code, 2003 Edition, as published by the International
Code Council, as amended in Chapters 51-44 and 51-45 WAC, effective July 1,
2004, together with amendments, additions, and deletions adopted in this chapter,
including Appendix B, "Fire Flow Requirements for Buildings," Appendix C, "Fire
Hydrant Locations and Distribution," and Appendix E, "Hazard Categories." The
provisions of Chapter 15.07 ACC together with Chapter 15.38A ACC and this
chapter shall be controlling within the jurisdiction of the city. The manufacture,
storage, handling, sale, and use of fireworks shall be governed by Chapter 70.77
RCW and by Chapter 212-17 WAC and restricted by Chapter 8.24 ACC,
"Fireworks,.:." consistent with Chapter 212 17----VV/\C. (Ord. 5874 S 10,2004.)
Section 4. Amendment to City Code.
That chapter 8.24 of the
Auburn City Code be and the same hereby is amended to read as follows:
Chapter 8.24
FIREWORKS
Sections:
8.24.010
8.24.020
Rev\' adopted Copies filed and authenticate4 Fireworks
definitions.
-Restfffioo non ti mes----fer-sate----aRtl-GiSBflar~e--ef--fir-ewer-k-s
Possession of fireworks unlawful.
Ordinance 6055
November 6,2006
Page 7
8.24.030
Restrictions and permits Exceptions to possession
restrictions.
Public display of fireworks - Permit required.
Issuance - Nontransferable - Voiding.
Application for public display permit.
Violation - Penalty.
Severability.
8.24.040
8.24.042
8.24.045
8.24.050
8.24.060
8.24.010 RC'N adopted Copies filed ::md authenticated Fireworks definitions.
Except as otherv.:ise provided herein, Chapter 70.77 RCW, State Fireworks
Lav.:, is hereby adopted by reference, including all future amendments or additions
thereto,afH:i-tffiGef the provisions of RCW 35A.12.1 ~O, the sections codified in this
chapter shall be published as required by law, but the specified Chapter 70.77
RC'N adopted by reference need not be published but shall be authenticated and
feBBfded \Nith--the-Aue~lerk, an4-oot less thafl-OOe copy of such chapter in
the form in 'Nhich it '-Nas adopted shall forthwith be filed in the office of the Auburn
city clerk for use and examination by the publicThe definitions of RCW Chapter
70.77 as now stated or hereinafter amended shall govern the construction of this
chapter. when applicable. RCW 70.77.120 throuqh and includinq RCW 70.77.230
as now stated or hereinafter amended are adopted by this reference and a coPY of
the same shall be kept on file in the office of the City Clerk for public use and
inspection. (Ord. 5679 S 1,2002; Ord. 5385 S 3, 2000.)
8.24.020 -Restriction on time-s-fer sale ~me discharge of fireworksPossession of
fireworks unlawful.
The sale, purchase and discharge of consumer fireworks shall not be
pe-FfRftted at any time except during the following times and date&;.
A. Sale and Purchase of Consumer Fire'J.'orks. BetvJeen the hours of
12:00 noon and 9:00 p.m. on June 28th of ~my year and between 9:00 a.m. and
9:00 p.m. on June 29th through July 4th of--a.Ay year, with the sale of consumer
fireworks not being permitted on or around Ne'N Year's Day, or at any time other
than specified above; and
B. Discharge on July Fourth. Between the hours of 9:00 o.m. and 11 :00
p.m. on the "lth of July of any year; and
C. Discharge on New Year's. Bet\\'een the hours of 6:00 p.m. on
GeB€ffibe-r-J4-st--aRd 1 :00 a.m.--{}fl--JaftUafy-1st of the su~eAf-yBaf-;-lt is unlawful
for any person to sell. possess, use or explode any danqerous fireworks within the
city; provided. that this prohibition shall not apply to duly authorized public
displays. AH-y--item--ef fireworks which does not--m-eet the State of Washinqton Fire
Marshal's approval in conformity with RCW Chapter 70.77. as amended shall be
deemed dangerous and is prohibited by this chapter. (Ord. 5679 S 1, 2002; Ord.
5385 S 1,2000; Ord. 4749 S 2,1995. Formerly 8.24.060.)
Ordinance 6055
November 6, 2006
Page 8
8.24.030 Restrictions and permitsExceptions to possession restrictions.
A. The follO'.ving prohibition on possession of fireworks shall not ge
fHa-Aufactured, possessed, used or detonated within the city of Auburn,
Washington:
Any device that will produce a visual and/or audible effect 'Nhen exploded
aoo/Bf'-EletonateEi-by combustion, except as followsapply to the followinq:
4-6. Flares for emergency operation.
2-12. Signal device to begin an athletic event or sport.
~C. Use by military organizations.
4D. Blank cartridges for show or theater.
~.!;. A permitted fireworks display.
6[. Where authorized by federal law within the Muckleshoot Indian
Reservation.
+G. 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.
g,------+fte.-- following types of fire',^'/orks are able to be manufactured,
possessed, use4-<;}r detonated within the city of Auburn, \^Jashington:
1 . S P afKte-F.-stfBk:.-.0 r wi re coa te-El--witf:l.---wrote€fmiG--GBm pos iti 0 n th at
produces a shower of sparks upon ignition.
2. Cylindrical fountain: cylindric31 tubes cont3ining pyrotechnic
oompesitkH't-lJpoft-fgnition, 3 shO'.ver of col-ered-sparks and sometimes a whistling
effect is~-fl-i.s-tlevice may be provided with a spike for insertion into the
gfBtlnd (spike fountain), a wood or plastic base for pl3cing on the ground (base
feu.A.taiR) , or a-wood or cardb03rd h3ndle if intended to be hand held (handle
fountain).
3. Cone fountain: cardb03rd or heavy paper cone containing
W-ete-ffi.f:tic composition. The effect is the same as that of a cylindrical fount3in.
1/. Illuminating torch: cylindrical tube containing pyrotechnic
composition. Upon ignition, colored fire is produced. May be spike, base or hanG-
ReW-;-
5. \^Jheel: pyrotechnic device attached to a post or tree by means of a
nail or string. E3ch wheel may contain up to six driver units containing pyrotechnic
eoFtlf)Bs+t~oo. Upon igRffion, the wheel revolves producing a shower of color ::md
sparks and sometimes a whistling effect.
6. Ground spinner: small device similar to a wheel in design and effest,
plaeedBnthe-gfBtffiG-BfltHg-AfteEh-A-shewer--ef-spa rks a nd co loF-is-prod u ced by-#le
. .. .
Ordinance 6055
November 6, 2006
Page 9
7. Flitter sparkler: narrow paper tube containing pyrotechnic
composition which produoes 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
wh-jGh,tlf){m~iBfl,~ite or colorecJ--.s.mBke as the primary effect-:
C. Permit for Display of Fireworks. A permit for display of firev.'orks may
be issued by the fire chief under the provisions as set forth in ACC 8.24.040. (Ord.
5945 S 1, 2005; Ord. 5679 S 1, 2002; Ord. 5385 S 5, 2000.)
8.24.040 Public display of fireworks - Permit required.
It is unlawful for any person to hold, conduct or engage in any public display
of fireworks within the city without first havinq obtained and beinq the holder of a
valid permit under the provisions of this chapter. The annual fee for a "public
display" permit for the public display of fireworks shall be set by Council resolution
and included in the city's fee schedule.
A. Every public display of fireworks shall be handled by a competent
operator approved by the fire chie.fmayor or his or her designee and shall be of
such character, and so located, discharged, or fired, that, in the opinion of the fife
ehiefmayor or his or her designee, after proper investigation, it will not constitute a
hazard to property or endanger any person. Should the fire chief mayor or his~
her 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 fife
ehiefCity 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 on 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---a-nGJ. Storage, Preparation of Site, Crowd Control,
Installation of Mortars and Operation of Display.
1. All fireworks shall be transported within the city in accordance with
49 CFR Part 177 and 397.9(b) prior to reaching the display site.
2. As soon as the fireworks have been delivered to the display site, ~
fireworks and sites shall be in accordance with WAC 212-17-295 throuqh 212-17-
Ordinance 6055
November 6, 2006
Page 10
345, which ProvIsions are adopted bv and incorporated herein bv this
reference.they shall be attended and shall remain dry.
d,_._---..-A1+-.shefuH3haJ.1-be-ffispecteG-tJpon delivery to tho di~ite by the
display-Gfterator. Any shells having tears, leaks, broken fuses, or shmving signs of
havffig-been 'Net shall be set aside and shall nGt-be fired. After the display, any
Sl:.tGfl.-sJ::leUs s h a II be -e+th e r re tu meG-ro-th-e--stJ.PFHieF-ef--d e s tro yed a ccoffii.A.g---to-th-e
supplier's instructions.
4. All fire'Norks 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 '.'Vater repellent canvas cover until emptieEh
5. The shell storage area shall be located at a minimum distance of not
less than 25 feet from the discharge site.
67"---~#1e d isp lay,she I Is sh-a-U--l3e-stored up'Ni nd froffi-the-4fwh.afge
site. If the wind shifts during the display, the shell storage area shall be reloGateG
to be upwind from the discharge site.
E. PrepaFation of Site and Crowd COffiFeh
1. All dry grass, 'Needs and other combustible waste matter '.vithin 50
feet of the firing site shall be removed.
2. The site shall be located so that the trajectory of shells shal-l---oot
come within 25 feet of any overhead objeGh
3. Discharged fireworks shall not come within 100 feet of any tent or
G-aRvas--sheltef:-
4:--4he firing and storage site shall be located not less than 200 feet
from any bui~
&:-._.--+Re-0f>eFa-t-ef-Sffiill---provid e s uffi cie r+t-pefsBRRe4-te-aS&ille--t-hat-Re
Ufl-atl-tRerized persons are allowed vvithin 200 feet of the firing and storage site:-
This requirement shall be in effect from one half hoLl-F--f*ior to the arrival of
fire\'Vorks until all fireworks debris, equipment and fireworks have been removeG
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
9r-ek€fl--FHtJ~~-tG-grotIflG-f:tjaGement. Mer-taf&-f~Gtfve 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 a'Nay from
&f1€Btators anG-bttil€l~eG-twer watef,-ffiGFtars shall beiA-stalled at an
a-A9-Ie of not less than 10 degrees, pointing tO'Nard the watef-:
3. Mortars shall be either buried securely into the ground to a-Ge~
getweefl-twe-tffird s a nG-tRree-fetlfths--ef th e i r Ie n gth 0 F-ffistenw-&eB-l:ffe-ly-ifl-lT-ler-taF
boxes or drums. In soft ground, heavy timber or rock slabs shall be placed
Ordinance 6055
November 6, 2006
Page 11
beneath the mortars to prevent their sinking or being driven into the ground during
~
4. In damp ground, a '.\feather resistant bag shall be placed under the
bottom of the mortar prior to placement in the ground to protect the mortar against
moisture.
5. 'Neather 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.
@-;---Sand bags, dirt boxes, or other suitable protection shall be placed
a-ffitl-Ad the mortars to protect the operator from ground bursts. This requirement
shall not apply to the down range side of the discharge site.
G-;-------Gper-ation of the-~~
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 fo~
3. If, in the opinion of the fire chief or his authorized representative, lack
of crO\vd control should pose a danger, the display shall be immediately
discontinued until such timo as the situation is corrected.
4. If at any time high winds or unusually wet '.^leather 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-;-
heweve-r,-atl-ffi-a-tefials--BseEl-iR---tA-e-d1Sftla-y-.sAaI+-ee pro tecte d -fr-em--tR-e-we a the r -uffiil
immediately prior to use.
6. Display operators and assistants shall use only flashlights or
approved-eteGtric Iighting-fef-aftificiaI ill~nation.
7. 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
G0~B~G&teEh
8. 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
avef-;--aFtEl-aftY-del:tFi-s-fa-l-ls-fA-te-,--th e p I ann ed I and i n g affia-
9. The mortars shall be re angled or reset if necessary at any time
during the display.
10. V'Jhen a shell fails to ignite in the mortar, the mortar: shall net-l3e
touched for a minimum of five minutes. After five minutes it shall be carefully
flooded vvith water. Immediately follo'.^Iing the display, the mortar shall be emptied
into a buGket of \'vater. The supplier shall be contacted as soon as possible fOf
proper disposal instructions.
11. Operators shall not attempt to repair a damaged shell nor shall they
attemf:1t-m-d+sma-Atie--a--d+Y-sfH3-1h--tR--aH-&l:fBfK;-ase&;-tAe--w~ief-8ha II be con taG-t€G
as soon as possible for proper disposal instructions.
Ordinance 6055
November 6, 2006
Page 12
12. Operators shall not dry a v.:et shell, lance, or pot for reuse.
13. The entire firing range shall be inspected immediately following the
ffispta~cate any defective shells. Any such shells found shall be imm~
doused '1.:ith ..vater 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
ffistfttGti-eRs-:-
14. \^.'hen fire'Norks are displayed in darkness the sponsor shall ensure
that the firing range is inspected early the follo'Ning morning.
15. /\ny fire'Norks remaining unfired after the disptay shall-Ge
immediately disposed of or removed from the city to the supplier from which they
'Nere purchased or to a location approved by the fire chief or his desi~
-te-. The debris from discharged fireworks shall be properly disposed of.
ME. The denial by the fire chiefmayor or desiqnee of a permit for the
public display of fireworks may be appealed to the appropriate Auburn city council
committee. (Ord. 5679 S 1, 2002; Ord. 5385 S 6, 2000; Ord. 3976 S 8, 1984.
Formerly 8.24.080.)
8.24.042 Issuance - Nontransferable - Voiding.
Each public display permit issued pursuant to this chapter shall be valid
only for the specific authorized public display event only, shall be used only by the
designated permittee, and shall be nontransferable. Any transfer or unauthorized
use of a permit is a violation of this chapter and shall void the permit in addition to
all other sanctions provided in this code.
8.24.045 Application for public display permit.
Applications for a permit to hold, conduct or operate a public display of
fireworks shall be made to the City of Auburn at least thirty (30) days prior to the
scheduled event. Applicants shall meet all Qualifications and requirements of state
law reqarding public display of fireworks and all fire and safety requirements as set
forth in the standards for public display.
8.24.050 Violation - Penalty.
A. Any person violating any proVISion of this chapter is guilty of a
misdemeanor, and upon conviction shall be punished by a fine in an amount not
exceeding $1,000, or by imprisonment in jail for a term not exceeding 90 days, or
by both. In the case of. a convictie~olation of this chapter, the city's fire
marshal or designee may order the fire'Norks stand closed and may deny approval
of a request by the person for 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 he/she commits or allows to continue
any violation of the provisions of this chapter.
Ordinance 6055
November 6,2006
Page 13
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 H-i-s-designee. (Ord. 5679 S 1, 2002.)
8.24.060 Severability.
If any provision of this chapter or Chapter 70.77 RCW adopted by reference
in this chapter and effective from and after five days from publication following
adoption by the city councilor 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 S 1, 2002; Ord. 5385 S
4, 2000. Formerly 8.24.020.)
Section 5. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 6. 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.
Ordinance 6055
November 6, 2006
Page 14
Section 7. 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 and one year after its adoption.
DATED and SIGNED this _ day of
,2006.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Published:
Ordinance 6055
November 6, 2006
Page 15