HomeMy WebLinkAboutITEM VIII-A-1C ITY OF
AUB~JRN
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Ordinance No. 6155 Januar 23, 2008
Department: Attachments: Budget Impact:
Auburn Police Ordinance No. 6155
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6155.
Background Summary:
This Ordinance will amend Chapter-8.24 of the Auburn city code relating to fireworks. It will make all
fireworks with the exception of sparklers illegal in Auburn.
P0204-1
01.8
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
^ Information Services
Action:
Committee Approval: ^Yes ^No
Council Approval: ^Yes ^No Call for Public Hearing _/_/
Referred to Until _/ _/_
Tabled Until _/ _/_
Councilmember: Cerino Staff: Kell
Meetin Date: Februa 4, 2008 Item Number: VIII.A.1
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ORDINANCE N0.6 1 5 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING CHAPTER 8.24
OF THE AUBURN CITY CODE RELATING TO
FIREWORKS
WHEREAS, 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 that
fireworks present to the health, safety and welfare of the citizens of the City of Auburn;
and
WHEREAS, in keeping with those concerns, it is a appropriate to prohibit the
use, possession and detonation of certain fireworks within the City of Auburn; and
WHEREAS, additionally, after further review of the city code, it is also
appropriate to clarify the language regarding the issuance and approval of firework sale
permits.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That chapter 8.24 of the Auburn
City Code is amended to read as follows:
Chapter 8.24
FIREWORKS
Sections:
8.24.010 RCW adopted -Copies filed and authenticated.
8.24.020 Restriction on times for sale and discharge of fireworks.
Ordinance No. 6155
January 7, 2008
Page 1
8.24.030 _ Restriction on types of fireworks.
8.24.040 Public display of fireworks.
8.24.050 Violation -Penalty.
8.24.060 Severability.
8.24.010 RCW adopted -Copies filed and authenticated.
Except as otherwise provided herein, Chapter 70.77 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 shall be published as
required by law, but the specified Chapter 70.77 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 office
of the Auburn city clerk for use and examination by the public. (Ord. 5679 § 1, 2002; Ord. 5385
§ 3, 2000.)
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 the type(s) of fireworks described in Section 8.24.030 of this Chapter, and 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.
D. Any sale of fireworks described in Section 8.24.030 of this Chapter shall be by permit
issued by the City of Auburn and approved by the chief of the Valley Regional Fire Authority
V( RFA)• (Ord. 5679 § 1, 2002; Ord. 5385 § 1, 2000; Ord. 4749 § 2, 1995. Formerly 8.24.060.)
8.24.030 Restriction on types of fireworks.
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Ordinance No. 6155
January 7, 2008
Page 2
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A.. The following type(s) of fireworks shall be permitted within the time parameters
described in Section 8.24,020 of this Chapter:
~1} "Sparklers" means a wire or stick coated with pyrotechnic composition that produces
a shower of sparks upon ignition.
No sparklers may be combined at any time, unless they are affixed to a common
base, and the total quantity of pyrotechnic composition of all sparklers combined does not
exceed 200 grams.
All other types of Consumer Fireworks are prohibited within the City of Auburn,
except as a part of a public display of fireworks pursuant to Section 8.24.040 et. Seq. of this
Chapter.
GB. Permit for Display of Fireworks. A permit for display of fireworks may be issued by
the City of Auburn and approved by the #+re-chief of the VRFA under the provisions as set forth
in ACC 8.24.040. (Ord. 5945 § 1, 2005; Ord. 5679 § 1, 2002; Ord. 5385 § 5, 2000.)
8.24.040 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 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
Ordinance No. 6155
January 7, 2008
Page 3
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 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 and Storage.
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, 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 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 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 wind
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 firing
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.
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
one-half hour prior to the arrival of fireworks until all fireworks debris, equipment and fireworks
have been removed 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.
Ordinance No. 6155
January 7, 2008
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 10
degrees, pointing toward the water.
3. Mortars shall be either buried securely into the ground to a depth of between two-
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 firing.
4. In damp ground, aweather-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 other 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. Only permitted fireworks are authorized for use.
3. If, in the opinion of the fire chief or his authorized representative, lack of crowd control
should pose 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.
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 conspicuously posted.
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 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 minutes 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 be contacted as soon as possible for
proper disposal instructions.
12. Operators shall not dry a wet shell, lance, or pot for reuse.
Ordinance No. 6155
January 7, 2008
Page 5
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 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 unfired 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.
16. The debris from discharged fireworks shall be properly disposed of.
H. The denial by the fire chief of a permit for the public display of fireworks may be
appealed to the appropriate Auburn city council committee. (Ord. 5679 § 1, 2002; Ord. 5385 § 6,
2000; Ord. 3976 § 8, 1984. Formerly 8.24.080.)
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 conviction for
a violation of this chapter, the city's fire marshal or designee may order the fireworks 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.
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 his designee. (Ord. 5679 §
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
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, 2002; Ord. 5385 § 4, 2000. Formerly 8.24.020.)
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,
Ordinance No. 6155
January 7, 2008
Page 6
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
three hundred sixty-five (365) days from and after its passage and approval, and after
its publication as provided by law.
DATED and SIGNED this day of , 2008.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
el 6. Heid, __
City Attorney
PUBLICATION
Ordinance No. 6155
January 7, 2008
Page 7