HomeMy WebLinkAbout5679 ORDINANCE NO. 5 6 7 9
AN ORDINANCE of the City Council of the City of Auburn,
Washington, amending Chapter 8.24 of the Auburn City
Code relating to Fireworks restrictions
WHEREAS, the laws of the State of Washington authorize municipalities to
exercise some controls over the sale and use of fireworks within their corporate
boundaries; and,
WHEREAS, the City Council of the City of Auburn recognizes the dangers and
consequences resulting from careless and improper use of fireworks; and,
WHEREAS, there is and has been an interest by citizens of the City of Auburn,
and by the Auburn City Council to be able to have limited personal use of common
fireworks on those occasions when the law permits, including on the Fourth of July and
New Years, in addition to permitted public displays of fireworks on those occasions;
and,
WHEREAS, in accordance with 2SSB 6080 (Chapter 370, Laws of 2002) which
was passed by the State Legislature in the 2002 legislative session, and which was
enacted to harmonize and update the state fireworks law, a new time period was
established, expanding the time during which consumer fireworks may be sold and
purchased, namely, from December 27 through December 31, although not expanding
the period of time when fireworks may be used; and,
WHEREAS, the legislative bill did provide that cities could limit or prohibit sale
Ordinance No. 5679
July 5, 2002
Page 1
and use during the new time period, however, in order for the limitation or prohibition to
be effective for the year 2002 the city would have to act by August 12, 2002; and,
WHEREAS, prior to the adoption of Ordinance No 5385, the Auburn City Code
did include restrictions of the times for discharge of Fourth of July fireworks, initially
implemented in Ordinance No. 4630, dated June 21, 1993, and preserved in Ordinance
No. 4749, dated June 5, 1995, whereby the discharge of Fourth of July fireworks was
restricted to between 9:00 a.m. to 11:00 p.m. on July 4th of each year; and,
WHEREAS, the stated purpose of Ordinance No. 5385 was to incorporate the
terminology of the "State Fireworks Law" adopted during the legislative session of 1995,
codified as Chapter 70.77 RCVV "in order to protect the safety of its citizens, by
providing the more restrictive standards as to the type of Fireworks that may be
detonated within the City"; and,
WHEREAS, the time restrictions on the discharge of fireworks on the 4th of July
were inadvertently and erroneously not carried forward with the adoption of Ordinance
No 5385; and,
WHEREAS, it is the intention of the City Council to exercise its right to restrict the
sale and use of fireworks in accordance with 2SSB 6080, and consistent with its
municipal authority; and,
WHEREAS, it is also the intention of the City Council to resurrect and re-institute
the inadvertently/erroneously deleted time restrictions on the discharge of fireworks on
the 4th of July.
Ordinance No. 5679
July 5, 2002
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN as follows:
SECTION ONE. AMENDMENT TO CHAPTER 8.24 ACC.
That Chapter 8.24 of the Auburn City Code be, and the same hereby is,
amended to read as follows:
Chapter 8.24
SPECIFIC CHAPTER 70.77 RCW P. DOPTED MY REFERENCEFIREWORS
Sections:
8.24.010 ROW Adopted - Copies filed and authenticated.
8.24.020 $cvcrcb!!!tyRestriction on times for sale and discharqe of fireworks.
8.24.030 Restrictions and permits.
8.24.040 Public display of fireworks.
8.24.090 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. 5385 § 3, 2000.)
8.24.020 ........... jRestnct~on on times for sale and discharqe of fireworks.
.... ;.,4,,, cf +~';° ,,h,,.,,,,, or i, .... """*;"" cf *~'" p ' '
,,i ...... + ...... I-,..,u ,,,,+ I-,~..~.-,.-.+.-.H /n.-.~ :'~c ~ ~. 2000 )The sale purohase and
discharqe of Consumer Fireworks shall not be permitted at any time except durinq the
followin.q times and dates:
A. Sale and Purchase of Consumer Fireworks. Between the hours of twelve
noon and nine o'clock p.m. on June 28th of any ,/ear and between nine o'clock a.m. and
nine o'clock p.m. on June 29th throuqh July 4th of any year, with the sale of Consumer
Ordinance No. 5679
July 5, 2002
Page 3
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 nine o'clock a.m. and
eleven o'clock p.m. on the 4th of July of any year; and,
C. Discharge on New Year's. Between the hours of six o'clock p.m. on
December 31st and one o'clock a.m. on January 1st of the subsequent year. (See Ord.
4749 § 2, 1995, Formerly 8.24.060.)
8.24.030 Restrictions and permits.
The following fireworks shall not be manufactured, 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: A. Flares for emergency operation.
B. Signal device to begin an athletic event or sport.
C. Use by military organizations.
D. Blank cartridges for show or theater.
E. A permitted fireworks display.
F. Where authorized by federal law within the Muckleshoot Indian Reservation.
G. The following types of fireworks are accepted:
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
O~inance No. 5679
July 5,2002
Page 4
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.
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. 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 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
O~inance No. 5679
July 5,2002
Page 5
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.
5. 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.
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
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, 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.
O~inance No. 5679
July 5,2002
Page 6
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 rouse.
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.
O~inance No. 5679
July 5,2002
Page 7
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.
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. 5385 § 6, 2000;
Ord. 3976 § 8, 1984. Formedy 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 one thousand dollars ($1,000), or by imprisonment in iail for a term not
exceedin.q ninety (90) days, or by both. In the case of a conviction for a violation of this
Chapter, the City's Fire Marshal or desiqnee 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 of the Revised Code of Washington shall be subiect to seizure by any police
officer or by the City's Fire Marshal or his designee.
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, th~,
remainder of this chapter or its application of the provisions to other persons or
circumstances shall not be affected. (Formerly 8.24.020, Ord. 5385 § 4, 2000.)
SECTION TWO. IMPLEMENTATION.
The Mayor is hereby authorized to implement such administrative procedures as
may be necessary to carry out the directives of this legislation.
O~inance No. 5679
July 5,2002
Page 8
SECTION THREE. EFFECTIVE DATE.
That this Ordinance shall be in full force and effect five (5) days after publication
of the Ordinance Summary.
AUG - ~ 2002
INTRODUCED:
PASSED: AUG -
PETER B. LEWIS, MAYOR
ATTEST:
PUBLISHED: ~""-~'Z~ 2__
Ordinance No. 5679
July 5, 2002
Page 9